Liability protections in limbo while governor mulls third special session
Published 8:11 am Friday, August 21, 2020
- Courtney
SALEM — Oregon lawmakers did not address coronavirus liability protections for businesses, schools, hospitals and other organizations during a one day, 15-hour special session on Aug. 10.
The omission came as a surprise, given that the consideration of liability protections appeared to be a key issue coming out of the first special session in June.
But Sen. Floyd Prozanski, D-Eugene, who has been involved in two work groups considering liability protections, said the groups simply didn’t have enough time to come to an agreement on the language for potential legislation ahead of the August special session.
The goal is to have legislation ready in time for a possible third special session this fall, Prozanski said.
Senate President Peter Courtney echoed that sentiment last week, saying he anticipated bills to limit the liability of coronavirus lawsuits and to ensure worker’s compensation for people who contract coronavirus at work to be taken up in a third special session.
Gov. Kate Brown has not said whether she will summon lawmakers for that third session, or, if she does, when it might take place.
Prozanski, who is heading a work group considering coronavirus liability protections for medical providers, said the group is close to sending its ideas to the Legislative Counsel to draft legislation. He said that legislation could serve as a framework for the liability protections that another work group is considering for businesses, schools and other entities.
Prozanski, who has been sitting in on meetings with the second work group, said the group is still trying to determine how legislation for schools might need to differ from legislation for businesses. While many schools will not reopen this fall due to the pandemic, Jim Green, the executive director of the Oregon School Boards Association, said last month that liability protections are needed for schools to even consider reopening because their insurance providers aren’t offering communicable disease coverage.
A coalition of more than 50 businesses, schools, government entities and nonprofit organizations have been pushing the Oregon Legislature to act quickly to enact liability protections that shield entities from coronavirus-related lawsuits, “except in cases of gross negligence or reckless, wanton or intentional misconduct.”
Health care organizations have pushed for similar protections. Those organizations have said they could be vulnerable to lawsuits stemming from the need to delay certain surgeries and ration personal protective equipment during the pandemic.
Republicans lawmakers, industry groups and 10 Democratic members of the Oregon House of Representatives pushed for liability protections for businesses during the special session in June, prompting House Speaker Tina Kotek, D-Portland, to convene a work group to look into the issue.
This article was originally published by the Oregonian/OregonLive, one of more than a dozen news organizations throughout the state sharing their coverage of the novel coronavirus outbreak to help inform Oregonians about this evolving heath issue.