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Newsletterlaw Elder NewsletterLaw Volume 11 Number 4 Attorneys can advocate for elders October 2008 during the Oregon legislative session Elder Law Section Executive By Senator Suzanne Bonamici Committee Chair very other January in odd-numbered during the interim, typically for informational Ryan E. Gibb Salem years, the Oregon legislature convenes hearings about issues that are likely to be con- in Salem. Many of the new laws and sidered in bill form during the next session. Chair-elect E changes to existing statutes considered by the Penny Davis Information about each bill and committee Portland legislature affect the lives of elders and the agendas are available on the legislature’s Web communities in which they live. For you to site at www.leg.state.or.us. You can conduct a Past Chair Steven A. Heinrich be an effective advocate for elders, it helps to text search for bills by issue online at Corvallis know how the legislature works. www.leg.state.or.us/bills_laws. Secretary Legislative overview Some of the committees likely to hear Daniel Robertson Oregon has a citizen legislature consisting bills that directly affect elders are: Senate Roseburg of 60 members of the House of Representatives Senior and Disabled Services Committee, Treasurer and 30 members of the Senate. Ideas for laws Senate Health and Human Services Commit- Sylvia Sycamore come from many sources, including individu- tee, House Health Care Committee, House Eugene als and interest groups. Bills are drafted by a Consumer Protection Committee, and House Human Services and Women’s Wellness Com- Members group of attorneys in the Office of Legislative Counsel and—with the exception of revenue mittee. J. Geoffrey Bernhardt bills, which must begin in the House—can be Portland Contacting a legislator introduced in either chamber. Susan Ford Burns If you have an idea for a bill or would like Once a bill is drafted and introduced, the Portland more information about an existing bill, start Senate President or Speaker of the House as- with your own representative and senator. To Sam Friedenberg signs it to a committee. Committees meet Portland find a list of your state and federal lawmak- ers, see: www.leg.state.or.us/findlegsltr. You Brian Haggerty Newport can use email or send a hard copy of a letter; In this issue... both are given equal consideration. Legisla- Leslie Kay tors receive mail from people all over the state Portland The 2009 legislative session Advocating for elders..................................1 and sometimes the country, but we make it a Stephen R. Owen priority to respond first to our own constitu- Clackamas Proposal for small-estate limits .................2 The DHS budget ..........................................3 ents. If you are a constituent, make sure to let Andrea Shartel your legislator know that when you write, or Bend Proposed changes to springing POA ........6 Proposed court procedure changes ...........7 include your mailing address. Stephen Skipton If for some reason your own representative Eugene Proposed POA changes from OBA ............8 Analysis of proposed POA changes ........11 and senator are not interested in pursuing your Ellyn Stier idea, don’t give up. Ask them or advocates in Portland Plus... Elder law numbers ....................................10 the policy area for names of other legislators Brian Thompson Court of Appeals ruling stands ...............12 who may be interested. It is also a good idea to Eugene ALFs withdrawing from Medicaid ........13 contact members who serve on the committees Gary L. Vigna Using the Fair Housing Act ......................15 most likely to hear the bill you would like to Portland Elder Law Section photos .........................18 see enacted. Resources ....................................................19 If your proposed bill is complex or contro- Index to Volume 11 ....................................20 versial, this can be a challenging process. Be Continued on page 2 October 2008 Elder Law Section Newsletter Legislative advocacy Continued from page 1 prepared to negotiate and compromise. Do you bring written testimony, however, please your homework. Anticipate objections and do not read it verbatim. Be prepared for ques- plan how to counter them. Find interest groups tions from committee members, but don’t wor- that are aligned with your position and ask for ry if you are not able to answer every question. their support. You may offer to follow up by sending more If you are contacting a legislator about a bill information, if you wish. or issue already under consideration, be sure Conclusion to note the bill number and whether you are a Getting involved in the legislative process is constituent. Keep your message brief and per- easy and important. Advocates and individual sonal. It should come as no surprise that cut- citizens often shape decision-making by and-paste mass emails from interest groups are bringing real world experience and stories to not as effective as individual stories. policymakers. Our laws affect all of us, and we How to provide effective testimony all can play an important role in making them at a legislative committee hearing as good as we can. We look forward to your participation, and we appreciate it. n After a bill is drafted and assigned to com- mittee, the committee chair will determine whether and when the bill will receive a hear- Senator Suzanne ing. By tracking bills on the Web site, you can Proposal would increase limits Bonamici represents learn when the hearing will be held. If you are for small-estate affidavit Senate District 17 an advocate for elder issues, legislators will in NE Washington appreciate your testimony in support of or in By William Brewer, Attorney at Law County and NW Portland. A graduate opposition to a bill. Or, if the bill is basically he Estate Planning and Administration of the University of sound but has some potential problem areas or Section of the Oregon State Bar is pro- Oregon School of ambiguities that could be corrected, your tes- Tposing legislation to raise the limits for Law, she practiced timony on those issues is also very important. using the small-estate affidavit. Current law, at the Federal Often it is the testimony from citizens who ORS 114.515(2), allows the small-estate affida- Trade Commission have relevant stories to tell and experiences to vit process to be used only if the decedent’s in Washington, describe that is the most persuasive and help- assets subject to probate have a total value of D.C., and in private ful. During a hearing about foreclosure rescue less than $200,000. Of this amount, not more practice in Portland scams in the House Consumer Protection than $50,000 can be personal property and not before taking a career break to Committee, for example, we heard compelling more than $150,000 can be real property. raise her children. testimony from a widower about what it was The Section’s proposal will raise the total Suzanne represented like to face the potential loss of his home that amount to $350,000, of which not more than House District 34 in was in foreclosure. Citizen testimony is always $100,000 can be personal property and not the 2007 and 2008 welcome, and committee chairs will often give more than $250,000 can be real property. The sessions, and was priority to people who have traveled a long proposed legislation does not change any other appointed to Senate distance to the capitol. aspect of the small-estate affidavit statutes or District 17 in May of To prepare for giving testimony, consult the procedure, although it is possible the Legisla- 2008. Currently she tive Assembly will want to change the filing serves on the Senate Web site page titled “How To Testify Before a Interim Judiciary, Legislative Committee” at fee from the current $23. Commerce and www.leg.state.or.us/citizenguide. The purpose of the increase is to make the Labor, and Oregon If possible, attend a committee hearing in small-estate procedure available for more es- Tort Claims Act advance to become familiar with the protocol. tates. The small-estate limits were raised to Committees. If you are not able to come to Salem, watch a their present level by the 2005 Legislative As- committee hearing online by clicking “Audio/ sembly (chapter 273), effective for decedents Video” on the legislative Web site, or on cable who died after January 1, 2006. Previously the limits had been $140,000, $50,000, and $90,000, television on the Oregon Channel. respectively. When you come to testify, it is helpful (but The small-estate procedure is appropriate not necessary) to bring a copy of your written for simple estates in which litigation is unlike- comments. Even though committee hearings ly and the decedent died intestate, or in which are recorded, having the written testimony for the original will is available for filing with the the file will be useful, especially for commit- court. The proposed increase in the limits is tee members who may not be in attendance or intended to make the small-estate procedure who wish to refer to those comments later. If more useful in those simple situations. n Page 2 Elder Law Section Newsletter October 2008 The Department of Human Services budget: how do elders and people with disabilities fare in the legislative process? By John Mullin ome years ago I had the dubious honor Oregon through public health programs. But of doing an interview with Oregon Public in terms of those receiving direct services, the SBroadcasting. The topic of conversation number exceeds 1 million through the work of was explaining the difference between “con- its divisions, its local employees, and contracts tinuing service level” budgeting and “zero with a variety of organizations and community based” budgeting. After hearing the broadcast partners.
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