{"id":"DUT-OR-009","kind":"duty","level":"state","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Representatives Drazan and Gomberg (chief sponsors) and Representatives Bonham, Boshart Davis, Breese-Iverson, Moore-Green, Nearman, Owens, Post and Smith G; Oregon House of Representatives, 2021 Regular Session (81st Legislative Assembly)","authority":"Bill as introduced (LC 1862); never enacted","instrument":"House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period \u0027in reasonable compliance with guidance\u0027 (not enacted; died in committee)","title":"Relating to limitations of liability during the COVID-19 emergency","dateIssued":"2021-01-11","effective":"never; referred to House Judiciary Jan. 19, 2021; assigned to the Subcommittee on Civil Law Jan. 29, 2021; public hearing Feb. 24, 2021; motion to withdraw from committee failed May 26, 2021","end":"died in committee upon adjournment, June 26, 2021","startDate":"2021-01-19","endDate":"2021-06-26","quarters":[],"types":["COND","OTHER"],"addressees":["would have applied to any \u0027person\u0027 engaged in \u0027professional or business activities\u0027"],"clause":"(2)(a) Except as provided in subsection (3) of this section, a person is not liable for damages arising out of acts or omissions taken during the COVID-19 emergency period in reasonable compliance with guidance that is applicable to the person\u0027s professional or business activities.... (d) \u0022Guidance\u0022 means executive orders, federal guidelines, state rules, local rules and state informational","enforcement":"none (not enacted)","functions":[],"notes":"Nothing: the bill was never enacted. It records that the only general COVID-19 liability shield proposed for Oregon businesses would have protected only conduct \u0027in reasonable compliance with guidance,\u0027 defining \u0027guidance\u0027 to include executive orders, State rules, local rules and \u0027state informational materials... regardless of whether the materials are the product of standard rulemaking processes\u0027 (sec. 1(d), (g)), and that the Legislature declined even that; Oregon employers therefore stood under the ordinary negligence standard for the whole period, the standard for which a governmentally prescribed safeguard is the measure of due care (Shahtout, DUT-OR-019). Character as recorded: not_enacted (legislative history; no legal effect).","sourceUrl":"https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/HB2638/Introduced","snapshot":"","fileExists":true,"fileBytes":30683,"grade":"primary","character":"not_enacted","description":"","collection":"DUT-OR","url":"/library/DUT-OR-009","exhibitUrl":"/exhibit/DUT-OR-009","citation":"Representatives Drazan and Gomberg (chief sponsors) and Representatives Bonham, Boshart Davis, Breese-Iverson, Moore-Green, Nearman, Owens, Post and Smith G; Oregon House of Representatives, 2021 Regular Session (81st Legislative Assembly), House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period \u0027in reasonable compliance with guidance\u0027 (not enacted; died in committee) (Jan. 11, 2021) (Ex. DUT-OR-009)","stateName":"Oregon","related":["DUT-OR-019"]}