HOUSE OF REPRESENTATIVES

H.R. NO.

60

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY ON BUSINESS LIABILITY PROTECTIONs RELATED TO COVID-19-RELATED CLAIMS.

 

 

 


     WHEREAS, the virus known as SARS-CoV-2 is responsible for the coronavirus disease 2019 (COVID-19) pandemic that has severely crippled the nation's and State's public health and economy; and

 

     WHEREAS, emergency proclamations and orders by the Governor and county mayors to prevent the spread of COVID-19 include safety measures and restrictions to prevent and mitigate the spread of the virus, which have allowed certain businesses to continue to remain open or reopen; and

 

     WHEREAS, businesses open to provide services to the public during the pandemic face significant risk, including the risk of civil liability, which threatens the State's ongoing economic recovery efforts; and

 

WHEREAS, according to the American Bar Association, there is national debate over the need for business liability protection from COVID-19-related lawsuits; and

 

WHEREAS, according to the American Bar Association, business owners are concerned about the prospect of employees or customers contracting COVID-19 while on business premises and how that could translate into liability lawsuits; and

 

WHEREAS, some businesses are considering requiring their customers to sign a COVID-19 liability waiver to hold the business harmless if the customer contracts COVID-19 while on business premises; and

 

WHEREAS, in addition, federal and state lawmakers are considering protective legislation for COVID-19-related claims and  business liability protection legislation is before Congress and some state legislatures; and

 

     WHEREAS, despite potential legislation, the current COVID-19 legal landscape and options related to liability protections for businesses remain unclear; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, that the Legislature Reference Bureau is requested to conduct a study on business liability protections related to COVID-19-related claims; and

 

     BE IT FURTHER RESOLVED that the study include:

 

     (1)  The issues related to business liability protections related to COVID-19 claims or possible claims;

 

     (2)  National, state, and local health and safety guidance and directives to ensure a safe workplace and place of business;

 

     (3)  Actions taken by businesses to protect themselves from liability, including health and safety policies and guidelines, COVID-19 protection protocols, and other actions taken to provide a safe environment for employees and customers;

 

     (4)  Actions being considered or taken federally and by states regarding business liability protections related to COVID-19 claims or possible claims, including legislation, proclamations, and other legal protections; and

 

     (5)  Any other safeguards for businesses; and

 

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit the study, including findings, recommendations, and any proposed legislation, to the Legislature no later than twenty days before the convening of the Regular Session of 2022; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of the Legislative Reference Bureau, President and Chief Executive Officer of The Chamber of Commerce Hawaii, and President of the Retail Merchants of Hawaii.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Business Liability Protection; LRB; Study