Marketplace for Affordable Health Care Insurance in Oregon (“Cover Oregon”)

Posted on May 24, 2013 by Laura Orr

If you want to find Oregon health insurance plans and calculate your 2014 rates, visit the confusingly named “Cover Oregon” website:

“Cover Oregon is a central marketplace where Oregon individuals and employers will be able to shop for health insurance plans and access financial assistance to help pay for coverage. Starting in October 2013, we will serve as a one-stop resource that makes it easy to find the perfect plan for your unique needs.”

Links to legislative and other information about the Affordable Health Care Act.

Oregon Landlord-Tenant Law: When a Tenant Dies …. A Short Checklist

Posted on May 24, 2013 by Laura Orr

Landlords, and others subject to the Oregon Landlord-Tenant Act, should consult or retain an Oregon attorney for advice on abandoned property, probate, guardianship or conservatorship, and other legal issues that may arise when a tenant dies.

Short Checklist:

1) Read the Oregon Revised Statutes (ORS) sections on abandoned tenant property, notification of authorities and family, etc. (E.g. Sample index terms: “Landlord and Tenant”, “Dead Bodies”, and “Death”). (Make sure you also check for laws enacted since the last ORS compilation.)

2) The Oregon Rental Housing Association and the Rental Housing Association of Greater Portland have abandoned property-tenant death forms or checklists that can be reviewed and purchased.

3) Check the county circuit court’s website (in the county where the property is located) for procedural information and forms on transferring property following death.

4) Check links from the Oregon State Bar Landlord-Tenant resource list and at the Oregon Legal Aid and Oregon Law Center website.

5) NOLO has a book called “Every Landlord’s Legal Guide,” which has a section entitled “When a Tenant Dies”. This book is available at many public libraries in Oregon and for purchase at the Nolo website.

6) eHow has a page on Landlord Rights in the Event of a Tenant’s Death that summarizes some of the key issues. The eHow post is not Oregon-specific, nor is it legal advice.

7) Previous OLR blogposts on Oregon landlord-tenant laws.

8) The Oregon State Bar Information and Referral Service has a toll free number to call to get names of attorneys in your area; call their referral service at 503-684-3763 or 1-800-452-7636.

Disclaimer: The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

Track Bills Signed into Law by Oregon Governor Kitzaber

Posted on May 20, 2013 by Laura Orr

Visit the Bills Signed 2013 link at the Oregon Governor’s website.

You can also click on the “Bills Signed by Governor Kitzhaber (2013)” line for a full view of the data-set. (This link may change over time. If so, visit the Oregon Governor’s website to find new URL.)

You can read the Governor’s signing statements, too.

Oregon Lawyers and Clients with Hearing Impairment: What is the Law?

Posted on May 16, 2013 by Laura Orr

A recent Oregon Law Practice Management (OLPM) blog post on this subject is one place to begin reading about this subject, including brief discussions of the duties of public defenders and other government attorneys and private attorneys and liability issues.

(The other is a 2012 OSB CLE called “Lawyers and the Deaf Community.”)

From the OLPM blog: Are Private Lawyers Required to Bear the Cost of Communication Access?

Excerpt:
“Accommodating actual or potential clients with hearing impairments is a misunderstood requirement of the Americans with Disabilities Act….” [Link to full post.]

What is a “fee” in a (ORS 167.700) transaction for sexual conduct or contact? A Cigarette? A Kiss?

Posted on May 13, 2013 by Laura Orr

What happens in Oregon when a word in a statute is undefined – and someone’s life and liberty is at stake?

In the case of 2011 ORS 167.007 and Oregon v. Palomo, the Oregon Court of Appeals weighs in and defines the word “fee,” with a little help from a dictionary and a legislative history.

Oregon v. Palomo A148047 (Control), A148045

“…Based on that incident, defendant was charged with prostitution, ORS 167.007(1)(a), and tried by the court.3 10 ORS 167.007(1)(a) provides that a person commits prostitution when the “person engages in, or offers or agrees to engage in, sexual conduct or sexual contact in return for a fee.” The word “fee” is not defined in the statutory scheme….” [Link to full opinion.]

Note: Compiling an Oregon legislative history is a lengthy, complex research process and, unless you can get to the State Archives in person and read the bill files, or have the money to pay Archives to scan the files, or are lucky enough that someone before you asked the Archives to scan the files ….. Well, suffice it to say that I’ve seen grown lawyers cry when faced with having to compile a legislative history – no, you can’t compile a thorough one from online resources only.

Oregon UELMA (Uniform Electronic Legal Materials Act): 2013 HB 2944 and Authenticity

Posted on May 7, 2013 by Laura Orr

May 7, 2013, UELMA (Uniform Electronic Legal Materials Act) update:

The Judiciary Committee is holding UELMA (HB 2944, Intro) over until Thursday, May 9th, to get some more of their questions answered. (There was a brief hearing on HB 2944 on May 6, 2013.)

UELMA Primer: Authenticating the Law

Authenticity is not just for Zen masters: Buddha rising in Rose City (25 April 2013, by Peter Korn)
“…. I think young people are looking for authenticity,” Green says. “People are getting constantly marketed to, and young people have very well-honed BS detectors. …” (Link to full Portland Tribune article.)

1) UELMA in Oregon requires the official publisher of selected online state legal materials to provide a method for users to know that the online publication is “authentic,” i.e. is unaltered from the official publication.

Example: When you read a section of the Oregon Revised Statutes online, you would be able to determine that it is a true copy of the actual statute – or that it is an official online-only version (for born-digital laws).

2) You can find and read HB 2944 from the Legislature’s homepage (click on “Measure Search”).

3) Read an American Bar Association article in support of UELMA: “ABA Supports Uniform Law for Online Publication of Court Decisions and Laws”

4) Other states: California and Colorado enacted UELMA in 2012. So far this year (May 2013), Minnesota, Hawaii, and North Dakota have enacted UELMA. UELMA is moving through eight other states’ legislatures, including Oregon.

5) Hawaii is the first state to include judicial documents in their UELMA law. (Oregon’s 2013 HB 2944 does not include judicial documents, e.g. court opinions.)

6) Read more about UELMA: AALL UELMA website.

7) Read about the Uniform Law Commission.

What is a “Floor Letter” and a “Note from Mother” (in the Oregon Legislature)?

Posted on April 23, 2013 by Laura Orr

The Oregon Legislative Library’s Reference Librarian* answers our ‘floor letter’ question. (The “Note from Mother” question is answered at the end of this blog post. Who said watching the Oregon Legislature wasn’t fun?!)

“A ‘floor letter’ is information put on each member’s desk during a session the day of a measure’s 3rd reading and subsequent floor vote. The floor letter has to be identified as originating ‘from the desk of’ a member.

Essentially, it’s like a last ditch effort to make a point.

What typically happens is an outside group or individual or even a member drafts a letter or identifies information (news story, web page, etc…) they wish to share with other members.

If the request originates from outside of the body (non-member), you need to obtain the assistance of a member (Senator or Representative) who will add their name to the letter as well as request distribution via that body’s chief parliamentarian.

In the case of the Senate, 31 copies are made. One copy is placed on each Senator’s desk and the last copy is kept by the body’s office (Secretary of the senate or Chief Clerk of the House).

The new Oregon Legislative Information System (OLIS) has a link to floor letters that have been submitted during the current session.

See the Legislature’s Glossary for other terms used in the legislative process.”

“Note from Mother”: A slang term for a note from a legislator or committee administrator authorizing Legislative Counsel to work with the person possessing the note on drafting a measure or amendments. (From the Oregon Legislature’s Glossary, which you can link to from the Citizen Guide webpage.)

*Thank you to Jerry Curry, Reference Librarian, Oregon State Library, on assignment at the Legislative Library, Oregon State Capitol.

If you need assistance from the Oregon Legislative Library, email or phone them at help.leg@state.or.us or 503-986-1668.

Oregon Medical Marijuana Program and Dispensaries

Posted on April 18, 2013 by Laura Orr

New to the Oregon Medical Marijuana Program and not sure where to turn first?

To find information and dispensaries, you have a few choices, but start with your doctor or contact the Oregon Medical Marijuana Program. You can find all sorts of information in advertisements, but it’s always good to start with official sources first.

Disclaimer: The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

These blog posts are snippets of news, research tips, and commentary. They are starting places for legal research, not full legal research strategies or results. Please talk to a lawyer or law librarian if you want to research your legal issue thoroughly.

Freedom of Information (FOI) Day, March 15, 2013

Posted on March 15, 2013 by Laura Orr

Read about FOI Day at the Newseum, to commemorate the (March 16th) birthday of James Madison.

Federal Freedom of Information Act.

How to file a federal Freedom of Information Act (FOIA) Request.

How to file an Oregon Freedom of Information Act Request: Oregon Department of Justice and Open-Oregon.

Proposed New Oregon Uniform Trial Court Rules

Posted on March 14, 2013 by Laura Orr

Read comments on proposed new Uniform Trial Court Rules (UTCR) and rule changes at the Oregon Judicial Branch UTCR website. Rules go into effect August 1st.