The first meeting of 2002 of the Special Advisory Commission of Senior Citizens convened on Thursday, May 9, 2002, at 1:00 PM, at the Holiday Inn Capital Plaza, in Frankfort. Dr. Abby Marlatt, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Dr. Abby Marlatt, Chair; Hugh Adams, Frances Baccus, Peggy Baldridge, Mabel Ballinger, Mary Barlow, Elizabeth Billings, Anna Birch, Joe Bishop, Bernard Bockweg, J. T. Boling, Joyce Bruce, Thomas Bullington, Frances Cain, Frank Carlton, Scott Cederholm, Barbara Chumley, Jess Crawford, Bertha Daniels, Leon Dodge, Randall Donahue, Janice Easterling, Doris Elrod, Margie England, Doris Engle, Betty Fay, Finnell Fields, Hallie Folz, Rufus Fugate, Virgil Gilliam, James Halvatgis, Bill Harned, Frank Hatfield, Edna Hawkins, Winford Holt, Lee Hopkins, Betty Huff, James Huff, Phil Hulsman, Bobby Humes, Charles Jackson, Mildred Jackson, Edgar Jamison, Argene Jones, W Keith, Louise Kirk, Gayle Lawson, Irving Lipetz, Doug Littrell, Warren Massey, Pete McNeill, Virgil Mefford, Vernon Miniard, Gayle Muncy, Frederic Ogden, Elmer Olson, Josephine Osborn, Raymond Osborn, Kenneth Overhults, Norman Pallarito, Jean Phelps, John Polivka, Don Potts, Nancy Purvis, Stanley Ramey, Lillian Rice, Esther Rigby, Retta Riggen, Jeane Robertson, Mary Robertson, Ray Roundtree, LaVerne Ryan, John Searcy, Clayton Shannon, Berton Sisk, Delma Smith, Fred Smith, Martha Smith, James Stokley, Pat Sutton, Laurel True, Glen Vanoy, Robert Veazey, Irene Vertrees, H. A. Wallace, Vinson Watts, Lillian Wheeler, Betty Whitehead, Jack Wines, and Malcolm Wolford.
Guests: Representatives Adrian Arnold, Carolyn Belcher, Gippy Graham, and Senators Tom Buford and Marshall Long.
LRC Staff: Barbara Baker, Mike Bennett, Emily Bottoms, Katie Carney, Eric Clark, Janice Clark, Gerard Donovan, Gilmore Dutton, Sally Everman, Rhonda Franklin, Jamie Griffin, Linda Hughes, Kathy King, Alisha Miller, Lou Pierce, Cindy Smith, John Snyder, and Ellen Steinberg.
Dr. Marlatt welcomed everyone to the first meeting of the 25th year of the founding of the Commission. She stated that this meeting is the first meeting of the two-year term of office for the Commission and subcommittee officers. Dr. Marlatt announced that elections for Commission Chair and Vice Chair would be held during the afternoon’s General Session, and that elections for Subcommittee Chair and Vice Chair, and Nominating Committee member would be held during the respective subcommittee meetings. She then introduced those seated at the head table, and introduced the new members to the Commission. They were as follows:
Ms. Mary Barlow, appointed by the Green River Area Development District;
Ms. Joyce Bruce, appointed by the Barren River Area Development District;
Mr. Scott Cederholm, appointed by the Lincoln Trail Area Development District;
Ms. Barbara Chumley, appointed by the Lincoln Trail Area Development District;
Ms. Bertha Daniels, appointed by the Big Sandy Area Development District;
Mr. Bill Harned, appointed by AARP;
Mr. Frank Hatfield, appointed by the Kentucky Association of Retired Teachers Association;
Mr. James Huff, appointed by the Joint Executive Council of Veterans Organizations of Kentucky;
Mr. Warren Massey, appointed by the Buffalo Trace Area Development District;
Ms. Edith Meadors, appointed by the Cumberland Valley Area Development District;
Mr. Elmer Olson, appointed by the Lake Cumberland Area Development District;
Mr. Kenneth Overhults, appointed by the National Association of Retired Federal Employees;
Mr. Norman Pallarito, appointed by the KIPDA Area Development District;
Mrs. Nancy Purvis, appointed by the Gateway Area Development District;
Mr. Clayton Shannon, appointed by the National Association of Retired Federal Employees; and
Mr. Fred Smith, appointed by AARP.
Dr. Marlatt asked everyone to pause in memory of two members who had passed away earlier in the year. She informed the members that a resolution in memory of Wanda Korte was adopted at the Commission’s Executive Committee meeting in April, and that a copy had been forwarded on to her nephew, Mr. Randall Neikirk. Dr. Marlatt stated that a resolution in memory of Elmer Morrison, who died on April 9, 2002, was in the members’ folders, and asked all members to review the resolution. A motion for adoption was made and seconded, and the resolution was adopted. Dr. Marlatt directed the Commission secretary, Katie Carney, to transmit the resolution to Mr. Morrison’s widow.
Mr. Gilmore Dutton, Commission Staff Coordinator, conducted the elections for Commission Chair and Vice Chair for the 2002-03 interim. Mr. Robert Veazey was elected Commission Chair and Mr. Joe Bishop was elected Commission Vice Chair.
Following the elections Mr. Dutton announced procedures for the Subcommittee and the Regional Coordinating Committee meetings, discussed some housekeeping items, and made several announcements.
Dr. Marlatt adjourned the opening general session to allow the Regional Coordinating Committees and Subcommittees to convene. She announced that the dinner session would commence at 6:00 p.m.
Mr. Dutton convened the dinner session and introduced the Legislative Hosts for the evening:
Representative Adrian Arnold;
Representative Carolyn Belcher;
Representative Gippy Graham;
Senator Tom Buford; and
Senator Marshall Long.
Dr. Marlatt introduced the newly elected officers for the 2002-03 interim:
Nominating Committee:
Mr. Hugh Adams;
Mr. Winford Holt;
Mr. Edgar Jamison;
Mr. Stanley Ramey; and
Ms. Lillian Rice.
Subcommittee Chairman and Vice Chairman:
Consumer Affairs Chairman, Mr. Frank Carlton;
Consumer Affairs Vice Chairman, Mr. Finnell Fields;
Health and Human Services Chairman, Ms. Jeane Robertson;
Health and Human Services Vice Chairman, Dr. Phil Hulsman;
Insurance Chairman, Mr. Ray Roundtree;
Insurance Vice Chairman, Mr. Vinson Watts;
Taxation Chairman, Mr. Jack Wines;
Taxation Vice Chairman, Mr. Pete McNeil;
Transportation Chairman, Ms. Esther Rigby; and
Transportation Vice Chairman, Ms. Jean Phelps.
Commission Vice Chairman, Mr. Joe Bishop; and
Commission Chairman, Mr. Robert Veazey.
Attorney General Ben Chandler presented Certificates of Appreciation to the outgoing Commission and Subcommittee officers and Nominating Committee members. Mr. Robert Veazey, newly elected chair, presented a plaque to Dr. Abby Marlatt, outgoing Commission Chair.
Mr. Dutton introduced the Honorable A.B. Chandler III, Attorney General of Kentucky, the conference keynote speaker. General Chandler discussed his office’s role in implementing Kentucky’s landmark telemarketing law, enacted in the recently concluded 2002 Regular Session of the state’s General Assembly.
The office of the Attorney General will maintain a “zero call” list which will protect citizens from unwanted telephone solicitations from all but a small number of exempt organizations. Citizens are able to place their phones off limits to telemarketers, simply by calling, toll free, 1-866-592-2550.
General Chandler said his office would also be responsible for the prosecution of firms which violate the law. The Attorney General said his office will be “vigorous” in the pursuit of violators.
General Chandler also described his office’s efforts to include funds in the state’s upcoming biennial budget to restore abandoned cemeteries. The Attorney General said his office had catalogued approximately thirty cemeteries statewide, most of which he had personally visited, which were in dire need of care.
Mr. Veazey concluded the dinner session with the announcement that the Nominating Committee would meet at 8:00 a.m. the next morning, Friday, May 10, 2002, and that the subcommittees would convene at 8:30 a.m.
After the conclusion of subcommittee meetings on Friday, May 10, 2002, Chairperson Veazey convened the closing general session at 10:15 a.m.
Mr. Veazey announced the Coordinators selected for each Regional Coordinating Committee. They were as follows:
Barren River Regional Coordinating Committee– Mr. Don Sarver;
Big Sandy Regional Coordinating Committee– Mr. Frank Carlton;
Bluegrass Regional Coordinating Committee – Mr. Berton Sisk;
Buffalo Trace Regional Coordinating Committee – Ms. Lillian Rice;
Cumberland Valley Regional Coordinating Committee – Ms. Jean Phelps;
FIVCO Regional Coordinating Committee – Mr. Charles Fisher Jr.;
Gateway Regional Coordinating Committee – Mr. Finnell Fields;
Green River Regional Coordinating Committee – Mr. J.T. Boling;
Kentucky River Regional Coordinating Committee – Mr. Argene Jones;
KIPDA Regional Coordinating Committee – Dr. Phil Hulsman;
Lake Cumberland Regional Coordinating Committee – Ms. Irene Vertrees;
Lincoln Trail Regional Coordinating Committee – Ms. Barbara Chumley;
Northern Kentucky Regional Coordinating Committee – Ms. Margie England;
Pennyrile Regional Coordinating Committee – Mr. Bernard Bockweg; and
Purchase Regional Coordinating Committee – Ms. Doris Elrod.
The officers elected by the Nominating Committee were announced as follows:
Ms. Lillian Rice, Chair;
Mr. Winford Holt, Vice Chair; and
Mr. Stanley Ramey, Secretary.
The Commission adopted the following subcommittee reports:
(as reported by Mr. Frank Carlton, Subcommittee Chair)
The Subcommittee on Consumer Affairs discussed and will consider the following issues during the 2002-03 interim:
(1) Power of Attorney;
(2) Controlling costs of prescription drugs;
(3) Predatory Lending;
(4) Elder Abuse; and
(5) Grandparenting Rights.
Mr. Todd Leatherman, Chairman for the Attorney General’s Advisory Council, was the Subcommittee’s guest speaker. Mr. Leatherman stated that Kentucky’s newly passed “No Call Law” is one of the strongest in the nation. Mr. Leatherman reviewed ways to register for the “no call” list, which will be updated quarterly, and stated that the initial cutoff for registering will be May 15, 2002. However, citizens can sign up at any time after May 15 for inclusion in the next quarterly list.
Mr. Leatherman said the law allows certain telemarketers to continue to call consumers on the “No Call” list. Mr. Leatherman also stated that the law allows strong enforcement. He said that everyone on the list will be receiving information by mail on exactly how and where to file a complaint. Information provided by consumers will be kept confidential.
(as reported by Ms. Jeane Robertson, Subcommittee Chair)
The Subcommittee on Health and Human Services discussed and will consider the following issues during the 2002-03 interim:
(1) Affordable senior citizen prescription drug coverage;
(2) Increased funding for community-based care, including homecare, caregiver support, senior centers, assisted living, adult day care, hospice, and other programs that allow individuals to remain in community type living;
(3) An electronic health information network to eliminate inefficiencies and improve the quality of health care, including the capability of identifying drug-drug interactions; and
(4) Continued funding of the Area Development Districts’ ombudsman programs which are scheduled to expire at the conclusion of the 2002-03 biennium.
After electing new officers the Subcommittee discussed the Olmstead Decision, which prohibits states from unnecessarily placing persons with disabilities in institutions, instead of placing them in more appropriate community based settings. Anne Marks, Olmstead Consultant from the Cabinet for Health Services, and Jerry Whitley, Executive Director of the Office of Aging Services from the Cabinet for Health Services provided testimony on the issue.
The Subcommittee also discussed the quality of nursing home care. Brenda Rice, former Long-Term Care Ombudsman, Ed Wilson of the Division of Long-Term Care in the Office of Inspector General, and John Sammons, Long-Term Care Ombudsman from the Cabinet for Health Services presented testimony relating to nursing home care. It was noted that $900,000 from nursing home fines is designated to fund a full-time Long-Term Care Ombudsman in each ADD district for two years.
B.J. Jacobs, Cabinet for Families and Children, presented information relating to elder abuse. She discussed the work of the Elder Abuse Committee, and distributed a handout regarding 2002 legislation regarding elder abuse.
Senator Daniel Mongiardo presented information on 2002 legislation relating to senior prescription drug coverage. He told the Subcommittee that 14 bills dealing with the issue were filed in the 2002 session of the Kentucky General Assembly. He stated that 158,000 seniors do not have prescription drug coverage, and 67% of seniors’ drug costs are paid out-of-pocket. The Subcommittee intends to devote the entire November meeting to the issue of prescription drug coverage for senior citizens.
Subcommittee on Insurance
(as presented by Mr. Ray Roundtree, Subcommittee Chair)
The Subcommittee on Insurance discussed and will consider the following recommendations during the 2002-03 interim:
(1) That the 2003 Kentucky General Assembly adopt a resolution requesting the United States Congress to enact a prescription drug program for senior citizens;
(2) That the 2003 General Assembly direct a study to be conducted regarding the long term cost savings to the Commonwealth if the state should enact a prescription drug program for senior citizens. The study would be designed to identify the savings to the state by affording persons access to drugs in order to prevent or treat chronic illnesses; and
(3) That the General Assembly and the Department of Insurance continue efforts to increase the availability of health insurance in Kentucky at affordable premiums.
After the election of officers the Subcommittee was addressed by Bobby Cooley, Department of Insurance, Health and Managed Care Division, Kentucky Insurance Program for Seniors (K.I.P.S.), and Ron Burkhardt, Actuary, Department of Insurance. Both presenters discussed Long-Term Care Insurance. Mr. Cooley showed a video on Long-Term Care Insurance and gave each member a packet of information dealing with the topic. He then answered questions regarding the information he had distributed.
Subcommittee on Taxation
(as presented by Mr. Jack Wines, Subcommittee Chair)
The Subcommittee on Taxation discussed and will consider the following recommendations for the 2002-03 interim:
(1) That the Kentucky General Assembly consider enacting legislation to reform the Commonwealth’s tax system to achieve a system which is fair, not detrimental to economic growth, compares favorably with surrounding states, is administratively reasonable, and yields adequate revenue to fund state government. The legislation should:
(a) Eliminate the status of married filing separately on a combined return and use the federal standard deduction for all filers; and
(b) Eliminate the 740-S form.
(2) That the Kentucky General Assembly enact legislation requiring that tax credits be given to those who care for the elderly in the elderly person’s home or in the caregiver’s home; and
(3) That the General Assembly repeal the inheritance tax on Class B and Class C beneficiaries and retain the federal estate “pick-up” tax.
Mr. Brad Thomas, a tax consultant with the Revenue Cabinet, appeared before the Subcommittee to speak on tax issues. Mr. Thomas gave a brief overview of some tax reform options that Dr. William F. Fox recommended to the General Assembly’s Subcommittee on Tax Policy Issues. The Subcommittee on Tax Policy Issues was a legislative subcommittee formed in the 2001 legislative session to study Kentucky’s tax structure. Dr. Fox served as the subcommittee’s tax specialist.
Mr. Thomas also reported that the Revenue Cabinet has been very pleased with the results of electronically filed tax returns and encourages the public to use that method in filing their tax returns. He said tax filers receive their refunds much quicker when they e-file, and it is a lot less expensive for the Cabinet to process and store the returns.
The Subcommittee also heard how the Revenue Cabinet is attempting to deal with tax issues relating to catalog sales, sales over the internet, and sales made from home shopping via television. Mr. Thomas said Kentucky only collected a total of $818,000 in use taxes last year, when it is estimated that it should have collected $180 million to $300 million. Only one percent of the population reports the use tax on their returns.
Subcommittee on Transportation
(as presented by Ms. Esther Rigby, Subcommittee Chair)
The Subcommittee on Transportation discussed and will consider the following recommendations for the 2002-03 interim:
(1) That the General Assembly enact legislation adopting a primary seat belt law; and
(2) That the General Assembly enact legislation requiring new drivers to take mandatory driver education courses prior to testing for an operator’s license.
Ms. Margaret Plattner, Deputy Commissioner for the Department of Vehicle Regulation in the Transportation Cabinet, addressed the Subcommittee on Kentucky’s new digital driver’s licensing system, and the driver licensing legislation passed during the 2002 Regular Session of Kentucky’s General Assembly.
Ms. Plattner stated that while 43 states have digital licenses, only Kentucky has a facial recognition system. She noted that this new licensing system, which will be phased in during the next four years, will help protect an individual’s identity and help eliminate fraudulent licenses.
Ms. Plattner assured the Subcommittee that neither the Transportation Cabinet nor the Kentucky State Police have any plans to use a person’s driver license photo for police line-ups, as was discussed in the state’s newspapers several weeks ago.
Ms. Plattner also discussed three enacted bills from this past session: HB 188, HB 189, and HB 190, all sponsored by Representative Mike Weaver. She informed the Subcommittee that the main focus of these bills is to strengthen Kentucky’s process for issuing regular operator and commercial driver’s licenses. HB 188 made substantial changes in the method of issuing operator’s licenses, while HB 189 revised the system for issuing commercial drivers’ licenses, and HB 190 strengthened requirements for commercial driver training schools.
Mr. John Snyder, subcommittee staff, gave an overview of enacted 2002 legislation pertaining to transportation matters. In addition to the bills discussed by Ms. Plattner, transportation activity during the recent regular session included legislation to:
(1) Give local government authority to regulate taxis in Louisville and Lexington;
(2) Allow Ignition Interlock Devices on cars of DUI offenders;
(3) Establish a voluntary child ID card program through circuit clerks;
(4) Establish a higher damage threshold for reporting boating accidents and higher minimum fines for boating under the influence;
(5) Eliminate Vehicle Emission Testing in Jefferson County;
(6) Establish an off road motorcycle and all terrain vehicle task force; and
(7) Extend the $1 waste tire fee until July 1, 2006, to help fund the waste tire amnesty program.
Two bills dealing with previous Subcommittee recommendations were introduced but did not pass during the 2002 Regular Session. House Bill 68, the primary seat belt bill, passed the House but did not receive a hearing in the Senate. House Bill 224, which dealt with requirements for young drivers, did not receive a hearing in committee.
Chairperson Veazey announced that the next meeting of the Special Advisory Commission of Senior Citizens will be November 7-8, 2002, at the Holiday Inn Capital Plaza in Frankfort. Chairperson Veazey announced that during the November meeting there will be a 25th anniversary celebration. There being no further business, Mr. Veazey adjourned the meeting at 11:00 a.m.