The first meeting of the Special Advisory Commission of Senior Citizens for 2004 was convened on Thursday, May 6, 2004, at 1:00 PM, at the Holiday Inn Capitol Plaza, in Frankfort. Joe Bishop, Chair, called the meeting to order.
Present were:
Members: Joe Bishop, Chair; Frances Baccus, Mabel Ballinger, Mary Barlow, Elizabeth Billings, Anna Birch, J. T. Boling, Joyce Bruce, Ruth Bryant, Frances Cain, Aaron Cardwell, Scott Cederholm, Velma Childers, Douglas Cole, Bertha Daniels, Randall Donahue, Leon Dodge, Rowena Emerson, Doris Engle, Betty Fay, Finnell Fields, Hallie Folz, Jane Fugate, Rufus Fugate, Margaret Gilland, Bill Harned, Frank Hatfield, Edna Hawkins, Eleanor Holbrook, Lee Hopkins, Carolyn Horn, Betty Huff, James Huff, Phil Hulsman, Bobby Humes, Charles Jackson, Mildred Jackson, Edgar Jamison, Argene Jones, W. L. Keith, W. D. Kelley, Dorothy Laganosky, Gayle Lawson, Irving Lipetz, Abby Marlatt, Phillip Martin, Warren Massey, Pete McNeill, Denver Moore, Frederic Ogden, Elmer Olson, Josephine Osborn, Raymond Osborn, Kenneth Overhults, Norman Pallarito, Joy Payne, Jean Phelps, John Polivka, Nancy Purvis, Stanley Ramey, Lillian Rice, Clarence Richardson, Esther Rigby, Jeane Robertson, Mary Robertson, Ray Roundtree, LaVerne Ryan, Don Sarver, Martha Sarver, John Searcy, Clayton Shannon, Martha Shircliffe, Laura Alice Sidwell, Berton Sisk, Delma Smith, Fred Smith, Martha Smith, Pat Sutton, Jim Terrell, Phyllis Thornbury, Claude Tiller, Laurel True, Joan Veazey, Irene Vertrees, Lillian Wheeler, Betty Whitehead, Daisy Howard Williams, and Dale Young.
Guests: Representative Carolyn Belcher, Representative Derrick Graham, Representative Charlie Siler, and Ms. Fran Spain.
LRC Staff: Katie Carney, Eric Clark, Janice Clark, Gerard Donovan, Gilmore Dutton, Sally Everman, Rhonda Franklin, Jamie Griffin, Doug Huddleston, Linda Hughes, Kathy King, Lou Pierce, Cindy Smith, John Snyder, Ellen Steinberg, and Matt Trebelhorn.
Chairman Joe Bishop welcomed everyone to the Commission's first meeting for 2004, the 27th year of the founding of the Special Advisory Commission of Senior Citizens. Chairman Bishop expressed hope that everyone had a safe and pleasant trip from their home to Frankfort.
Chairman Bishop stated that this meeting is the first meeting of the two-year term of office for the Commission and Subcommittee officers. He announced that elections for the 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. Chairman Bishop announced that the Regional Coordinating Committees would meet after the General Session. He then introduced those seated at the head table.
Chairman Bishop recognized Mr. Gilmore Dutton, Commission Staff Coordinator, to introduce the new members to the Commission. Mr. Dutton stated that the following members had been appointed to the Commission since the November 2003 meeting:
Ms. Sarah Blackburn, nominated by the Big Sandy Area Development District;
Ms. Ruth Bryant, nominated by the Gateway Area Development District;
Mr. Aaron Cardwell, nominated by the Joint Executive Council of Veterans Organizations of Kentucky;
Ms. Nancy Doty, nominated by the KIPDA Area Development District;
Ms. Margaret Gilland, nominated by the Pennyrile Area Development District;
Ms. Eleanor Holbrook, nominated by the Gateway Area Development District;
Ms. Carolyn Horn, nominated by the Big Sandy Area Development District;
Mrs. Betty Olson, nominated by the Lake Cumberland Area Development District;
Ms. Joy Payne, nominated by the Bluegrass Area Development District;
Mr. Clarence Richardson, nominated by the Lincoln Trail Area Development District;
Ms. Laura Alice Sidwell, nominated by the Lake Cumberland Area Development District;
Ms. Phyllis Thornbury, nominated by the Buffalo Trace Area Development District; and
Mrs. Joan Veazey, nominated by the National Association of Retired Federal Employees.
Chairman Bishop announced that Mr. Bernard Bockweg passed away on February 27, 2004. Chairman Bishop informed members that a resolution in memory of Mr. Bockweg was in their folders, and asked them to review the resolution. Chairman Bishop called for a motion to adopt the resolution. A motion was made and seconded, and the resolution was adopted. Chairman Bishop announced that a copy of the resolution would be forwarded to Mrs. Bockweg.
Chairman Bishop announced that a former member of the Commission, Ms. Edna Foley Westerfield, had recently passed away. He commented that Ms. Westerfield was a long-time member of the Commission and will be remembered for her many years of service to the Commission and the Cumberland Valley Area Agency on Aging.
Chairman Bishop informed the members that a copy of the minutes of the Commission's meeting on November 6-7, 2003, was in their folders. He asked members to review the minutes for any changes. Chairman Bishop asked for a motion to adopt the minutes as presented. A motion was made and seconded, and the minutes were adopted.
Chairman Bishop recognized Mr. Dutton to conduct the elections for Commission Chair and Vice Chair for the 2004-05 interim. Mr. Dutton informed members that candidate biographical sketches of the members who had been nominated for each position were in their folders. He stated that nominations would be accepted from the floor for both positions, and that the elections will be held separately.
Mr. Dutton thanked the Nominating Committee for their work and then read the names of those members nominated for Commission Chair. Mr. Dutton asked if there were nominations from the floor. There being none, Mr. Dutton closed the nominations from the floor and asked staff to pass out ballots. After the ballots were collected for the position of Commission Chair, Mr. Dutton opened the floor for nominations for Commission Vice Chair. Ms. Gayle Lawson nominated Ms. Peggy Baldridge. There being no additional nominations from the floor Mr. Dutton closed the nominations and asked staff to pass out ballots. Mr. Dutton said that the results of the elections for the two positions would be announced prior to the close of the afternoon session.
Following the elections Mr. Dutton announced procedures for the Subcommittee and the Regional Coordinating Committee meetings, discussed some housekeeping items, and made several announcements. After the announcements Mr. Dutton informed members that Mr. Bert Sisk had been elected Commission Chair and Mr. Laurel True had been elected Commission Vice Chair.
Chairman Bishop congratulated the newly elected officers and asked members to consult their agenda for the location of their Subcommittee meeting. Chairman Bishop adjourned the opening general session to allow the Regional Coordinating Committees and Subcommittees to convene.
Mr. Dutton convened the dinner session and welcomed everyone and their guests. Mr. Dutton asked Dr. Phil Hulsman to give the invocation, then Mr. Dutton introduced those seated at the head table. After dinner Mr. Dutton introduced the legislative hosts for the evening:
Representative Carolyn Belcher;
Representative Derrick Graham; and
Representative Charlie Siler.
Mr. Dutton introduced the newly elected officers for the 2004-05 interim:
Nominating Committee:
James Huff;
Ray Roundtree;
Delma Smith;
Fred Smith; and
Joan Veazey.
Subcommittee Chairmen and Vice Chairmen:
Consumer Affairs Chairman, Mr. Frank Hatfield;
Consumer Affairs Vice Chairman, Mr. Bill Harned;
Health and Human Services Chairman, Dr. Phil Hulsman;
Health and Human Services Vice Chairman, Ms. Jeane Robertson;
Insurance Chairman, Mr. Jim Terrell;
Insurance Vice Chairman, Ms. Carolyn Horn;
Taxation Chairman, Ms. Peggy Baldridge;
Taxation Vice Chairman, Mr. Pete McNeill;
Transportation Chairman, Ms. Jean Phelps; and
Transportation Vice Chairman, Mr. Norman Pallarito.
Commission Chairman, Mr. Bert Sisk.
Commission Vice Chairman, Mr. Laurel True; and
Ms. Fran Spain, the speaker for the evening, presented Certificates of Appreciation to the outgoing Commission and Subcommittee officers and Nominating Committee members. Mr. Dutton presented a plaque to Mrs. Joan Veazey in memory of her husband's service as Chair to the Commission, and a plaque to Mr. Joe Bishop for his service as Commission Chair.
Mr. Dutton introduced the speaker for the evening, Ms. Fran Spain, from Baton Rouge, Louisiana. Ms. Spain's current career is that of a public speaker, making about 20 appearances a month. Former careers include the Director of Publications for the Louisiana Secretary of State, the Director of Public Relations for the Louisiana Department of Education, and the Executive Director of the Institute for Burn Medicine and Rehabilitation. Ms. Spain gave a very thought provoking and entertaining speech. In addition to her humorous stories she also highlighted various aspects of her career. Using costumed potatoes, she contrasted the various roles of people in organizations ranging from a follow along type, to the leadership type.
Chairman Sisk thanked Ms. Spain for a very enlightening address. Chairman Sisk concluded the dinner session with the announcement that the Nominating Committee would meet at 8:00 a.m. the next morning, Friday, May 7, 2004, and that the subcommittees would convene at 8:30 a.m.
Following the conclusion of the subcommittee meetings on Friday, May 7, 2004, Chairman Sisk convened the closing general session at 10:15 a.m.
Chairman Sisk announced the Coordinators selected for each Regional Coordinating Committee, as follows:
Barren River Regional Coordinating Committee - Ms. Edna Hawkins;
Big Sandy Regional Coordinating Committee - Ms. Lillian Wheeler;
Bluegrass Regional Coordinating Committee - Mr. Jim Terrell;
Buffalo Trace Regional Coordinating Committee - Ms. Lillian Rice;
Cumberland Valley Regional Coordinating Committee - Ms. Jean Phelps;
FIVCO Regional Coordinating Committee - Mr. Stan Ramey;
Gateway Regional Coordinating Committee - Ms. Nancy Purvis;
Green River Regional Coordinating Committee - Mr. J.T. Boling;
Kentucky River Regional Coordinating Committee - Mr. Argene Jones;
KIPDA Regional Coordinating Committee - Mr. Bill Harned;
Lake Cumberland Regional Coordinating Committee - Ms. Irene Vertrees;
Lincoln Trail Regional Coordinating Committee - Mr. Fred Smith;
Northern Kentucky Regional Coordinating Committee - Ms. Mabel Ballinger;
Pennyrile Regional Coordinating Committee - Mr. W.D. Kelley; and
Purchase Regional Coordinating Committee - Ms. Betty Huff.
The officers elected by the Nominating Committee were announced as follows:
Mr. Fred Smith, Chair;
Mr. James Huff, Vice Chair; and
Ms. Delma Smith, Secretary.
Chairman Sisk recognized Mr. Dutton for announcements. Mr. Dutton called the members' attention to the press release placed at each seat and reminded members to turn in their name badges and expense vouchers with the hotel receipt.
Chairman Sisk then introduced each of the Subcommittee spokesmen who, in turn, presented their subcommittee's report for adoption by the full membership. The following subcommittee reports were adopted by the Commission.
Subcommittee on Consumer Affairs
(Reported by Mr. Frank Hatfield, Subcommittee Chair)
Mr. Hatfield stated that after the elections for the subcommittee officers, he spoke to the subcommittee about the new Medicare Discount Drug Card. Mr. Hatfield stated that on Friday morning the subcommittee heard testimony on the rising price of gasoline and a recent report on Medicare Discount Drug Card scamming from Mr. Todd Leatherman with the Office of Attorney General. Mr. Leatherman informed members that the Office of Attorney General has not found any signs of gasoline price gouging in Kentucky. Mr. Leatherman then provided a tentative list of Medicare Discount Drug Card providers. After Mr. Leatherman's testimony, Mr. Hatfield concluded the meeting with a presentation on the 2006 Medicare Drug Benefit that will replace the Medicare Discount Drug Card.
Mr. Hatfield announced that the Subcommittee had adopted the following recommendations:
(1) That the General Assembly strengthen predatory lending by;
(a) Reducing the point and fee triggers from eight percent to four percent;
(b) Prohibiting financing points and fees;
(c) Providing for recovery of attorney fees under both consumer protection and usury laws; and
(d) Tightening the flipping provisions;
(2) That the General Assembly enact the provisions of House Bill 105 from the 2003 Regular Session relating to elder abuse; and
(3) That the General Assembly make funding the Medicaid program a high priority.
A motion to adopt the Subcommittee's recommendations was made and seconded, and passed on a voice vote.
Subcommittee on Health and Human Services
(Reported by Dr. Phil Hulsman, Subcommittee Chair)
Dr. Hulsman reported that after the subcommittee elections the members were addressed by Mr. Mike Fields, the Undersecretary for Human Services at the Cabinet for Health and Family Services. Mr. Fields gave a brief overview of his position and department with the Cabinet.
The Subcommittee then heard testimony from Representative Jimmie Lee. Representative Lee spoke about House Bills 116 and 105 from the 2004 Regular Session. Representative Lee stated that House Bill 116 passed the General Assembly, creating the Kentucky Independence Plus through Consumer-Directed Services Program.
Kentucky Independence Plus provides an option within each home and community based service program, including waivers for enrolled persons to voluntarily participate and choose providers of services and direct the delivery of those services to meet long-term care needs. Representative Lee also stated that the program will permit an enrolled person to be given a monthly allowance based on results of his or her assessed needs, to be used toward paying for their own medical expenses.
Representative Lee stated that House Bill 105 did not pass the 2004 General Assembly. He informed the members that the bill related to elder abuse, and stated that the bill focused on preventing crime, abuse, neglect, and exploitation of the elderly, and would have recognized adult abuse crimes in the state's statutes. Representative Lee informed members that he would continue to introduce the provisions of House Bill 105 in future legislative sessions.
Dr. Hulsman provided the subcommittee with a Medicare prescription drug update. He stated that there are several changes to Medicare through the Medicare Prescription Drug Act of 2003. These changes include a new voluntary prescription drug benefit, revisions to the programs that deal with private health plans, new coverages, and costs. Dr. Hulsman encouraged the members to look into these changes so that seniors can find a prescription drug program that best addresses their needs.
Dr. Hulsman announced that the Subcommittee had adopted the following recommendations:
(1) That the General Assembly enact the provisions of 2004 Regular Session House Bill 105 relating to elder abuse in the 2005 Regular Session;
(2) That the Cabinet for Health and Family Services initiate a "single point of entry" for recipients in need of state services;
(3) That the Cabinet for Health and Family Services implement federal Medicaid waivers as soon as available under the provisions of the "cash and counseling" provision of House Bill 116 that allows recipients to control their individual care and cost through a fiscal intermediary in their own home; and
(4) That the General Assembly restore and maintain all available Medicaid funding so that all services will be provided as they were before the 2003 cost containment measures were put into effect.
A motion to adopt the Subcommittee's recommendations was made and seconded, and passed on a voice vote.
Subcommittee on Insurance
(Reported by Mr. Jim Terrell, Subcommittee Chair)
Mr. Terrell reported that the subcommittee heard testimony from Mr. Keith Powell and Mr. Don Shields of the Office of Insurance. The two gentlemen updated the members on health insurance issues as they relate to senior citizens. The subcommittee also heard testimony from Mr. Frank Hatfield, the Chair of the Commission's Consumer Affairs Subcommittee. Mr. Hatfield discussed the Medicare drug benefits, and supplied the members with a booklet from the AARP that outlined the benefits.
Mr. Terrell announced that the Subcommittee had adopted the following recommendations:
(1) That the General Assembly and the Office of Insurance be encouraged to continue efforts to increase the availability of health insurance to senior citizens in Kentucky at affordable and justifiable premiums;
(2) That the Office of Insurance and the Attorney General coordinate rate increases;
(3) That the General Assembly urge Congress to increase Medicare benefits for senior citizens;
(4) That the General Assembly address the issue of medical malpractice premium increases, and assure that the life expectancy of senior citizens not be a justifiable reason to reduce non-economic damages in civil suits;
(5) That the General Assembly enact legislation to require long-term care insurance carriers to submit rate increases to the Attorney General and the Office of Insurance, and to allow intervention by the Attorney General as needed; and
(6) That the General Assembly enact legislation to require that changes and rate increases made to existing long-term care insurance policies meet the same standards required for a new policy.
A motion to adopt the Subcommittee's recommendations was made a seconded, and passed on a voice vote.
Subcommittee on Taxation
(Reported by Mr. Pete McNeill, Subcommittee Vice Chairman)
Mr. McNeill reported that the subcommittee heard testimony from Mr. Jim Corum and Mr. Don Gerton, with the Kentucky Woodland Owners Association. Both gentlemen commented that the current land assessment guidelines are excessive and unfair to forest land owners, and should be re-evaluated to be based on the income production potential of the forest land. Mr. Gerton stated that approximately 12 million acres of land in Kentucky is forested and almost all of the forested land is privately owned.
Mr. McNeill stated that on Friday, May 7, Mr. Louis Pierce, Subcommittee Staff, briefly highlighted the Governor's proposed tax modernization plan.
Mr. McNeill announced that the Subcommittee had adopted the following recommendations:
(1) That the General Assembly enact legislation to modernize the state's tax system to achieve a system which yields adequate revenue for state government;
(2) That the General Assembly enact legislation to provide tax credits 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 explore options to improve the administration and enforcement of state and local property tax collection, including the option of one-time amnesty on penalties and interest.
A motion to adopt the Subcommittee's recommendations was made and seconded, and passed on a voice vote.
Subcommittee on Transportation
(Reported by Ms. Jean Phelps, Subcommittee Chairman)
Ms. Phelps reported that the subcommittee heard testimony from Captain Alicia Edgington, Sargent John Carrico, and Darren Moore with the Kentucky State Police. They offered an overview to members on all-terrain vehicle (ATV) laws and related issues. Sgt. Carrico gave the members facts relating to ATV related accidents, deaths, and injuries for the state of Kentucky.
Ms. Phelps stated that the subcommittee also heard testimony from Mr. Gary Bunker, the Director of the Division of Driver Licensing, and Ms. Lisa Bowling, a staff member of the Medical Review Board. Both offices are part of the Transportation Cabinet.
The two guests gave an overview of the Transportation Cabinet's Medical Review Board. They stated that the Medical Review Board deals with approximately 90 to 100 new cases a month involving the evaluation of a person's ability to drive. Of the 90 to 100 new cases reviewed each month, approximately 99 percent of the licenses are either suspended or qualified by one or more restrictions.
Mr. John Snyder, subcommittee staff, gave members an update on income tax check-off receipts for the 2002 tax year.
Mr. Snyder answered a question asked at the November 2003 meeting relating to who regulates headlight standards. Mr. Snyder stated that headlight standards are regulated by the National Highway Transportation Safety Administration (NHTSA).
Mr. Snyder then gave members an update on enacted legislation pertaining to transportation matters from the 2004 Regular Session of the General Assembly. The enacted bills were House Bills 29, 71, 92, 199, and 447, and Senate Bills 85 and 142. Mr. Snyder pointed out that House Bill 29 was a former recommendation of the subcommittee and relates to a personal motor vehicle insurance database.
Ms. Phelps announced that the Subcommittee had adopted the following recommendation:
(1) That the General Assembly enact an executive branch budget for the fiscal years 2005 and 2006 prior to July 1, 2004.
A motion to adopt the Subcommittee's recommendation was made and seconded, and passed on a voice vote.
The Subcommittee reports having been given and adopted, Chairman Sisk announced that the next semiannual meeting would be held on November 4-5, 2004, and, there being no further business, the meeting was adjourned.