HOUSE OF REPRESENTATIVES	H.C.R. NO.	71
THIRTY-FIRST LEGISLATURE, 2021		H.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

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, the Senate concurring, that the Legislative 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) Surveying modifications enacted by the federal government and other states to business liability protections and workplace safety guidance and directors in response to COVID-19; and

(2) Comparing existing Hawaii laws relating to business liability protections and workplace safety guidance and directives with similar federal and state laws; 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 prior to the convening of the Regular Session of 2022; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent 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.

Report Title:

Business Liability Protection; LRB; Study