Skip to content
The COVID Project
  1. Library
  2. Standing duties: Oregon
  3. DUT-OR-009

Ex. DUT-OR-009 Standing duty Primary source read

House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period 'in reasonable compliance with guidance' (not enacted; died in committee)

Relating to limitations of liability during the COVID-19 emergency

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) · Oregon (State)

The COVID Project

The record

Jurisdiction
Oregon
Level
State
Authority
Bill as introduced (LC 1862); never enacted
Issued
2021-01-11 Jan. 11, 2021
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 (read as 2021-01-19)
End
died in committee upon adjournment, June 26, 2021 (read as 2021-06-26)
In force
Jan. 19, 2021 to June 26, 2021
Limitation types
Operating conditionOther
Addressees
  • would have applied to any 'person' engaged in 'professional or business activities'
Character
not enacted
Collection
Standing duties: Oregon DUT-OR

Operative words

(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's professional or business activities.... (d) "Guidance" means executive orders, federal guidelines, state rules, local rules and state informational

Penalty

none (not enacted)

What it required

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 'in reasonable compliance with guidance,' defining 'guidance' to include executive orders, State rules, local rules and 'state informational materials... regardless of whether the materials are the product of standard rulemaking processes' (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).

Retrieval note

Introduced text from the Oregon Legislative Information System (2 pages). Measure history from the Legislature's OData service (api.oregonlegislature.gov), read Sept. 29, 2026: first reading Jan. 11, 2021; referred to Judiciary Jan. 19; assigned to Subcommittee on Civil Law Jan. 29; public hearing Feb. 24; motion to withdraw from Judiciary failed May 26; 'In committee upon adjournment' June 26, 2021. Recorded, as the California file records AB 1035, to establish the absence of a general shield; it is not pleaded as law.