Louisiana House Bill HB45

Louisiana 2020 2nd Special Session

• Introduced: 9/29/20
• Refer: 9/29/20

Caption

Provides immunity from civil liability and criminal prosecution for certain persons during COVID-19 declared emergency (Items #28 and 60)

Impact

The enactment of HB 45 would have substantial implications on state laws as it introduces protective measures for a wide array of natural and juridical persons, negating potential legal repercussions for their activities during the COVID-19 crisis. Supporters of the bill argue that it is crucial for the recovery and stability of businesses and health care providers who may face lawsuits for unexpectedly not following ever-evolving state directives. The retroactive application of these immunities could also influence how accountability is perceived within the legal frameworks surrounding public health emergencies in Louisiana.

Summary

House Bill 45 provides legal immunity from civil liability and criminal prosecution for individuals and businesses that fail to comply with emergency orders related to COVID-19. This legislation aims to relieve the burden on various entities during a declared public health emergency by ensuring they cannot be penalized for actions taken (or not taken) in reaction to such orders. The proposed bill seeks to extend this immunity retroactively to the date of March 11, 2020, when the COVID-19 emergency was officially acknowledged, thus providing a significant safeguard for those impacted since the onset of the pandemic.

Sentiment

The sentiment around HB 45 is mixed, with proponents viewing it as a necessary step to protect those who would otherwise be threatened by legal action due to circumstances created by the pandemic. Advocates assert that the bill is essential for allowing businesses to operate without fear of lawsuits stemming from compliance failures amidst challenging and ambiguous public health directives. Conversely, some detractors raise concerns regarding the potential for misuse of this immunity, particularly in scenarios where negligence could result in harm to public health or safety. Thus, discussions surrounding the bill reflect broader tensions regarding liability and accountability in crisis situations.

Contention

Noteworthy points of contention include debates over the balance between necessary protections for businesses during a health emergency and the potential for the bill to excuse irresponsible behavior that could jeopardize public safety. Critics argue that providing broad immunity might discourage adherence to health guidelines as entities may operate with the belief they face no accountability for adverse outcomes resulting from their decisions. The bill's implications on public trust and expectations in health and safety during emergencies underscore a significant ethical dilemma that remains a topic of ongoing legislative deliberation.