Special Advisory Commission of Senior Citizens

 

Minutes of the<MeetNo1> 2nd Semiannual Meeting

of 2004

 

<MeetMDY1> November 4, 2004

 

The<MeetNo2> second semiannual meeting of the Special Advisory Commission of Senior Citizens for 2004 was convened on<Day> Thursday,<MeetMDY2> November 4, 2004, at<MeetTime> 1:00 PM, at the Holiday Inn Capital Plaza, in Frankfort<Room>. Berton Sisk, Chair, called the meeting to order.

 

Present were:

 

Members:<Members> Berton Sisk, Chair; Peggy Baldridge, Mary Barlow, Anna Birch, J. T. Boling, Leon Boyd, Robert Boynton, Frances Cain, Aaron Cardwell, Scott Cederholm, Douglas Cole, Bertha Daniels, Leon Dodge, Joe Doebler, Randall Donahue, Rowena Emerson, Doris Engle, Finnell Fields, Hallie Folz, Jane Fugate, Rufus Fugate, Margaret Gilland, Virgil Gilliam, 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 Keith, Dorothy Laganosky, Gayle Lawson, Irving Lipetz, Abby Marlatt, Warren Massey, Pete McNeill, Denver Moore, Betty Olson, Elmer Olson, Josephine Osborn, Raymond Osborn, Kenneth Overhults, Norman Pallarito, Joy Payne, Jean Phelps, Stanley Ramey, Lillian Rice, Clarence Richardson, Esther Rigby, Jeane Robertson, Mary Robertson, Ray Roundtree, LaVerne Ryan, John Searcy, Martha Shircliffe, Laura Alice Sidwell, Fred Smith, Martha Smith, Donald Stethen, Pat Sutton, Jim Terrell, Claude Tiller, Mary Trimble, Joan Veazey, Irene Vertrees, Lillian Wheeler, and Betty Whitehead.

 

Guests:  Representative Carolyn Belcher; Senator Tom Buford; Bill Cooper, Director, Division of Aging Services, Cabinet for Health and Family Services; William E. Doll, Jr., Kentucky Medical Association; Steven D. Downey, Kentucky Academy of Trial Attorneys; Representative Derrick Graham; Dr. James Holsinger, Secretary, Cabinet for Health and Family Services; Representative Jimmie Lee; Representative Charlie Siler; and Senator Katie Stine.

 

LRC Staff:  Katie Carney, Eric Clark, Janice Clark, Gerard Donovan, Gilmore Dutton, Sally Everman, Rhonda Franklin, Jamie Griffin, Linda Hughes, Sheri Mahan, Charlotte Quarles, Gina Rigsby, Jim Roberts, Marlene Rutherford, John Snyder, Mike Sunseri, and Matt Trebelhorn.

 

Chairman Bert Sisk welcomed everyone to the Commission's second  semiannual meeting for 2004, the 27th year of the founding of the Special Advisory Commission of Senior Citizens. Chairman Sisk expressed his hope that everyone had had a safe and pleasant trip from their home to Frankfort. Chairman Sisk then introduced those seated at the head table.

 

Chairman Sisk introduced the new members of the Commission. He stated that the following members had been appointed to the Commission since the May 2004 meeting:

 

Mr. Leon Boyd, nominated by the Purchase Area Development District;

Mr. Robert Boynton, nominated by AARP;

Mrs. Faye Hensley, nominated by the Cumberland Valley Area Development   District; and

Mr. Donald Stethen, nominated by the KIPDA Area Development District.

 

Chairman Sisk announced that Mr. Jess Crawford and Mr. Dale Young had passed away since the Commission's last meeting. He noted that Mr. Crawford passed on September 12, 2004, and Mr. Young on September 23, 2004. Chairman Sisk informed members that resolutions in memory of Mr. Crawford and Mr. Young were in their folders, and asked that they review the resolutions. Chairman Sisk called for a motion to adopt the resolutions. A motion was made and seconded to adopt each resolution, and the resolutions were adopted. Chairman Sisk announced that a copy of the resolution in memory of Mr. Crawford would be forwarded to his son, Mr. James Crawford, Jr. and the resolution in memory of Mr. Young would be forwarded to his wife, Mrs. Young.

 

Chairman Sisk informed the members that a copy of the minutes of the Commission's meeting on May 6-7, 2004, previously mailed in June, 2004, was in their folders, and asked if there were proposed additions, deletions, or corrections. There being no proposed changes, Chairman Sisk asked for a motion to adopt the minutes as presented. A motion was made and seconded, and the minutes were adopted.

 

Chairman Sisk asked Mr. Bill Harned, Commission member, to introduce the afternoon's program and the presenters. Mr. Harned introduced Dr. James Holsinger, Secretary, Cabinet for Health and Family Services; Senator Katie Stine; and Representative Jimmie Lee. Mr. Harned stated that Secretary Holsinger would give a presentation on "Prevention of Elder Abuse, Neglect, and Exploitation." Mr. Harned added that Senator Stine and Representative Lee had been asked to respond to Secretary Holsinger's remarks, and that the three had been requested to participate in answering questions from the Commission members.

 

Secretary Holsinger gave a PowerPoint Presentation titled "Elder Maltreatment Prevention and Enforcement Legislation." In the presentation Secretary Holsinger commented that Kentucky's current law is not adequate to protect vulnerable adults. He added that the Commonwealth could do a better job of prevention and enforcement with regard to elder maltreatment. He commented that elders and vulnerable adults in Kentucky deserve a law that fully protects them from abuse, neglect, and exploitation. Secretary Holsinger's said his vision is to have the Kentucky General Assembly pass comprehensive prevention and enforcement legislation with bipartisan, bicameral support. He said that legislation, which would accomplish these goals, would be pre-filed, with the hope that it will be the first bill passed in the upcoming 2005 Regular Session. Secretary Holsinger stated that a workgroup, comprised of a select group of advocates and members of the Executive and Legislative branches, had been working together to fulfill his vision.

 

Secretary Holsinger informed members that the Cabinet for Health and Family Services is providing leadership and support in the development of Local Coordinating Councils on Elder Maltreatment. He stated that Kentucky now has 37 councils, with at least one in each of the Commonwealth's Area Development Districts. He added that the Cabinet is working on creating a system of highly trained, designated adult protection caseworkers in every county in Kentucky. And, he added, the Cabinet is now implementing all provisions of the current law, dealing with elder abuse, found in KRS Chapter 209, which hadn't been fully implemented in the past.

 

Secretary Holsinger gave the members some key goals that need to be addressed by new legislation:

 

(1)       Establish an adult abuse registry and create a hearing process for all perpetrators of elder maltreatment. He noted that currently only nursing assistants are covered;

(2)       Require accountability of the Cabinet for Health and Family Services and law enforcement by requiring the Cabinet to compile an annual status report by December 1 of each year to submit to the Kentucky General Assembly and to the newly created Community Coordinating Councils;

(3)       Provide protection from prosecution to "good samaritans" who, in good faith, make a report or investigate allegations of abuse;

(4)       Hold administrator and management personnel in licensed long-term care facilities accountable if they fail to adopt or enforce policies and procedures to protect vulnerable adults from abuse, neglect, or exploitation;

(5)       Strengthen the authority of investigators to carry out their responsibility by prohibiting any person from interfering or obstructing an investigation in any way; and

(6)       Expand the definition of those who can be protected under the statute to include adults who "may be" unable to manage their resources or carry out daily living activities. This would eliminate the necessity of having to demonstrate incompetence in order to protect vulnerable adults.

 

Secretary Holsinger concluded by saying that the legislation recommended by the workgroup will address 24 issues. He added that based upon the recommendations from the last meeting of the workgroup, a final draft of the proposed legislation is being prepared for review by the workgroup this month. Secretary Holsinger noted that the legislation would have an emergency clause enabling the legislation to go into effect immediately. He also mentioned that the Cabinet will be working on any regulatory items that need to be in place, so that once the legislation is enacted the Cabinet will be ready to begin implementing the provisions of the legislation. He also added that the workgroup will be considering the recommendations from the Program Review and Investigations Committee report titled, "Kentucky Can Improve the Coordination of Protective Services for Elderly and Other Vulnerable Adults."

 

Mr. Harned recognized Senator Stine for her comments to Secretary Holsinger's remarks. Senator Stine thanked Mr. Harned and the Commission for inviting her to speak to the group. She added that she is co-chair of the LRC's Program Review and Investigations Committee. She briefed the members on some of the details of the Program Review report that Secretary Holsinger commented on earlier. She noted that the Interim Joint Committee on Health and Welfare attended the Program Review's committee meeting when the Committee received the report. She also noted that the Interim Joint Committee on Judiciary was not able to attend the Program Review's meeting, but will shortly be receiving the report. She concluded that the recommendations from the report have been well received by the Cabinet for Health and Family Services, and that she looks forward to working with Secretary Holsinger on implementing the report's recommendations.

 

Mr. Harned thanked Senator Stine for her comments, and then recognized Representative Lee for his comments to Secretary Holsinger's remarks. Representative Lee commended Secretary Holsinger and Secretary Stine for their efforts in preventing elder abuse. He added that the Program Review and Investigations Committee report is one of the most comprehensive reports he has ever seen which addresses the problem of elder abuse, neglect, and exploitation. He noted how important it is for this legislation to pass the General Assembly, and the importance of the legislation having an emergency clause. Representative Lee noted the importance of having the legislation finalized early in the Session, so that if there are any problems from opposing groups that agreements can be made and floor amendments filed, enabling the legislation to be passed as quickly as possible.

 

After the comments by the panel, Mr. Harned asked if there were any questions from the Commission members. Following the question and answer session, Mr. Harned thanked Secretary Holsinger for his comments, and Senator Stine and Representative Lee for their responses and comments. Mr. Harned then returned the podium to Chairman Sisk.

 

Chairman Sisk thanked the panel, and concluded the opening general session with a few announcements prior to adjourning the session to allow the Subcommittees to convene.

 

Chairman Sisk convened the dinner session and welcomed everyone and their guests. Chairman Sisk recognized Dr. Phil Hulsman to give the invocation. After the invocation Chairman Sisk introduced those seated at the head table. After dinner Chairman Sisk recognized Mr. Gilmore Dutton for the introduction of the legislative hosts for the evening.

 

Chairman Sisk asked Mr. Ray Roundtree, Commission member, to introduce the evening's program and the presenters. Mr. Roundtree introduced Mr. William Doll representing the Kentucky Medical Association, and Mr. Steve Downey representing the Kentucky Academy of Trial Attorneys. Mr. Roundtree informed members that a representative from the National Conference of State Legislators was unable to attend the evening's session, but had provided the members with a handout that listed medical tort reform laws for each state. Mr. Roundtree stated that the two presenters would be discussing the topic, "Protecting the Elderly and Persons with Disabilities in Medical Malpractice Tort Reform - The Pros and Cons and Facts Relative to a Constitutional Amendment."

 

Mr. Roundtree recognized Mr. Doll for his presentation. Mr. Doll thanked the Commission for inviting him to speak. Mr. Doll introduced Mr. Marty White. Mr. White is the Director of Legislative and Governmental Affairs for the Kentucky Medical Association. Mr. Doll informed members that he started in 1976 working with the Kentucky Medical Association and that he has spent a professional lifetime in dealing with, or being a part of the debate on medical liability and tort reform. He told the members that he had been involved with a Governor's task force dealing with medical liability, as well as two legislative task forces. Throughout his work with the debate on medical liability, he said he believes that constitutional change is a necessary element of any program intended to address the many problems that plague the medical community.

 

Mr. Doll stated that Kentucky has enacted a substantial array of insurance and insurance liability reform measures. Kentucky has established a patient compensation fund similar to Indiana's. The General Assembly has changed the laws as it relates to collateral source payment to dealing with the evidentiary standard for punitive damage. Mr. Doll noted that the courts have determined most of the laws enacted toward medical liability reform are unconstitutional. Mr. Doll stated that there are three provisions in the constitution to provide the poor with near complete control over both substantive and procedural changes to tort reform in Kentucky. One of the provisions Mr. Doll referred to was Section 14, which is very similar to that of other states. Another was Section 54, which is radically different from three other states. He said that the latter section states that the General Assembly shall have no power to limit the amount an individual can recover for damage to person, property or wrongful death. The last provision of the Constitution that Mr. Doll referred to is Section 241, which relates specifically to wrongful death claims. Mr. Doll noted that about 15-20 other states have provisions in their constitution similar to Section 241.

 

Mr. Doll quoted Tom Lewis, previous dean of University of Kentucky's College of Law, on the doctrine of tort reform and it's constitutional underpinning. He stated that Mr. Lewis said, "under the Supreme Court's interpretation, tort principles will be whatever the court decides they will be. The merits or demerits of efforts by the General Assembly to modify those principles are irrelevant, because the General Assembly has no position in the matter." Mr. Doll reiterated that Constitutional change is the necessary starting point. He added that Constitutional change has not been chosen, but forced. Mr. Doll stated that most people and organizations seeking reform have focused on SB 1, while there is, however, HB 450. He commented there are some elements in HB 450 that are worth looking at, however, SB 1 addresses the three sections of the constitution Mr. Doll mentioned that give rise to the jural rights doctrine. Mr. Doll stated that the provisions of SB 1 will continue to be in the forefront of the debate.

 

Mr. Doll provided the Commission with a handout that presented "facts" and "fictions" that have arisen from the medical liability reform debate. Mr. Doll highlighted a few that related to physician losses, seniors' direct access to emergency care, orthopedic care, and to care provided by cardiac specialists or internists. Mr. Doll also spoke more about SB 1, and the steps it would create prior to a constitutional amendment being enacted. He reminded members of the substantial number of events that would have to occur before there would be an implementation of caps on damages related to medical malpractice.

 

Mr. Downey informed members that he had a PowerPoint presentation to give, but that he would first like to address some comments made by Mr. Doll. Mr. Downey replied to Mr. Doll's comment regarding, "recent jural rights decisions usurp the legislature's decisions." Mr. Downey stated that the juries make the decisions and that insurance companies want to take away the accountability factor that the jury has in medical malpractice cases, and in any additional types of cases that they can. He added that insurance companies want to take away the right as citizens to decide the value of injury to people and the victim.

 

Mr. Downey stated that the claim on the handout from Mr. Doll that Kentucky lost 819 doctors is inaccurate during the period of time listed. He informed members that Kentucky has only lost 39 doctors over the period. Mr. Downey added that there have also been gains over the last few years that are not referred to in the handout.

 

Mr. Downey stated that if a constitutional amendment passed with severe caps, insurance companies would get their way, and no longer would citizens of Kentucky get what they might deserve in malpractice suits.

 

Mr. Downey directed the members' attention to the PowerPoint presentation. He commented that insurance company investments are the problem. He stated that in the mid 1960s insurance companies changed their way of doing business, no longer setting aside a reserve account that was not invested in the stock market. Mr. Downey presented slides that compared Kentucky to states that did not have caps on medical malpractice claims. Additional slides presented showed the impact of caps on states prior to and after their implementation.

 

Mr. Downey informed members that Senator Jerry Rhoads and Representative Rob Wilkey recently proposed legislation that would allow doctors to challenge premium increases and create competition in the market place by creating their own medical malpractice insurance company, with assistance from the state. He added that a company similar to the proposal did exist at one time, but it was sold.

 

Mr. Downey informed the members of a variety of solutions that have been offered to the medical malpractice insurance problem. A few mentioned were to stop medical malpractice itself, prevent nursing shortages, prohibit mandatory overtime for nurses, have better communication between health care providers, and to provide better information. An additional financial solution was to create a doctor owned medical malpractice insurance company.

 

Following Mr. Doll and Mr. Downey's presentations there was a short question and answer period. Chairman Sisk thanked Mr. Doll and Mr. Downey for participating in the Commission's program. Chairman Sisk concluded the dinner session with a few announcements. Chairman Sisk adjourned the dinner session until the next morning, November 5, 2004.

 

Following the conclusion of the subcommittee meetings on Friday, November 5, 2004, Chairman Sisk convened the closing general session at 10:15 a.m.

 

Chairman Sisk introduced those seated at the head table, and then introduced Mr. Bill Cooper, Director of the Kentucky Division for Aging Services, the speaker for the morning's program.

 

Mr. Cooper thanked the Commission, Mr. Sisk, Mr. Dutton, and staff for inviting him to the Commission meeting. He commented that the Commission has laid the foundation for a lot of the programs the Division is working on today. Mr. Cooper then introduced his assistant director, Donna Collins.

 

Mr. Cooper stated that the Division's objective is to have Kentucky become a leader in the nation for senior programs. He added that productive, effective programs are essential to achieving this objective. Mr. Cooper informed the Commission members of the Division's five underlining goals that will drive their actions and efforts over the next few years. The goals are as follows:

 

            1.         Enhance the quality of life for older Kentuckians;

            2.         Strengthen families and promote self-sufficiency;

            3.         Enhance communities;

            4.         Improve health outcomes of older Kentuckians; and

            5.         Protect Kentucky's vulnerable elderly.

 

Mr. Cooper stated that the one size fits all approach to aging programs and services will not be viable for Kentucky's future. Citizens must understand that Kentucky has diversity, not just by race, rural versus urban, or social economic status, but diversity among our older population. Mr. Cooper commented that the preference of older citizens is not the same as it is for new younger citizens. He added that the Division is continuously looking for ways to serve new and different types of seniors. Based upon compelling demographic trends, the Division must develop a new approach to ensure that Kentucky is ready for the future. Mr. Cooper concluded that a strategic action plan must be developed that will afford the Division the opportunity to demonstrate statewide leadership, access new financial and human resources, develop new partnerships, and modernize their service system.

 

Mr. Sisk thanked Mr. Cooper for his informative message and his time to address the Commission.

 

Chairman Sisk introduced each of the Subcommittee spokesmen who, in turn, presented their subcommittee's report for adoption by the full membership. The Commission adopted the following subcommittee reports.

 

Subcommittee on Health and Human Services

(Reported by Dr. Phil Hulsman, Subcommittee Chair)

 

The Health and Human Services Subcommittee addressed two main issues during its Thursday session. The first was nursing home reform, particularly nursing staff ratios in long-term care facilities, explored in a discussion with Mr. Bernie Vonderheide, an advocate for nursing home reform, and Mr. Rich Miller, President of the Kentucky Association of Health Care Facilities. Next the Subcommittee discussed with Shannon Turner, Deputy Commissioner for the Department for Medicaid Services, issues regarding the new provider tax assessment on long-term care facilities. During this discussion an update was given on the provider tax (2004 House Bill 292), which increased the provider tax assessment on long-term care facilities and created concern among several private pay nursing homes.

 

Friday’s session was dedicated to the discussion and formation of legislative recommendations. Dr. Hulsman announced that the Subcommittee had adopted the following recommendations:

 

(1)       That the General Assembly enact legislation implementing the                                       recommendations provided in the Program Review and Investigations                           Committee Report on Elder Abuse;

(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 "cash and counseling" provisions in 2004 House Bill 116, that allow recipients to control their individual care and cost through a fiscal intermediary in their own home; and

(4)       That the General Assembly enact legislation forming a committee with                                    equal representation from the nursing home industry, state agencies, and                                  advocate groups to implement improved staffing standards in long-term                           care facilities, with the new standards being phased in over a three-year                                    period.

 

A motion to adopt the Subcommittee's recommendations was made and seconded, and passed on a voice vote.

 

Subcommittee on Consumer Affairs

(Reported by Mr. Frank Hatfield, Subcommittee Chair)

 

The Consumer Affairs Subcommittee on Thursday afternoon entertained a panel discussing the abuse, neglect, and exploitation of seniors. The panel consisted of Ms. Nikki Henderson, former supervisor of the Crimes Against Seniors unit in the Louisville Police Department; Henry Hensley, specialist in banking and brokerage operations; Cathe Dykstra, Director of the Economic Success Program with The Center for Women and Families; and Richard Seckel, Director of the Office of Kentucky Legal Services Programs.

 

Mr. Hatfield announced that the Subcommittee had adopted the following recommendations:

 

(1)       That the General Assembly strengthen predatory lending by:

            (a)       Defining high-cost loans as loans with points and fees above five                                               percent of the loan amount. The five-percent benchmark shall                                        include all fees including yield spread, premium costs, and pre-                                        payment penalties;

            (b)       Requiring that the borrower receive third-party counseling before                                             entering into a high cost loan;

            (c)       Requiring that mandatory arbitration be prohibited on high cost                                                 loans and the lender pay attorney fees if the lender is proven in                                      violation of the law;

            (d)       Bar "loan flipping" unless the borrower can recover the cost of                                      points and fees in not more than four years; and

            (e)       Prohibiting lending without considering the borrower's ability to                                               repay the loan; and

(2)       That the General Assembly enact legislation implementing the                                       recommendations provided in the Program Review and Investigations                           Committee Report on Elder Abuse;

(3)       That the Legislative Research Commission form a task force that includes                               members of the Special Advisory Commission of Senior Citizens,                                            legislators, and community experts to study Power of Attorney issues. The                          task force would be required to report their recommendations to the Special                     Advisory Commission of Senior Citizens;

(4)       That the General Assembly restore funding for legal aid to the level it was                               before cuts were made in the Governor's spending plan;

(5)       That the General Assembly enact the provisions of 2004 Regular Session                                House Bill 630, that require a "good cause" standard for an eviction from a                              mobile home; and

(6)       That the General Assembly enact legislation that enhances penalties by at                                least one class for financial exploitation where the victim is a senior citizen.

 

A motion to adopt the Subcommittee's recommendations was made a seconded, and passed on a voice vote.

 

Subcommittee on Insurance

(Reported by Mr. Jim Terrell, Subcommittee Chair)

 

The Insurance Subcommittee was given a PowerPoint presentation by Subcommittee staff Rhonda Franklin and Jamie Griffin on "How to Surf the Worldwide Web". The subcommittee was given handouts on websites of interest to senior citizens.

 

Mr. Terrell announced that the Subcommittee had adopted the following recommendations:

 

(1)       That the General Assembly and the Department of Insurance be encouraged to continue efforts to increase the availability of health insurance to senior citizens in Kentucky at affordable and/or 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 and seconded, and passed on a voice vote.

 

Subcommittee on Taxation

(Reported by Ms. Peggy Baldridge, Subcommittee Chair)

 

Ms. Baldridge reported that the Subcommittee heard testimony regarding the collection of delinquent property taxes, tobacco tax rates, and the need for an individual tax credit for persons who care for the elderly in the home. The speakers were Ms. Marian Davis, Executive Director, Division of Property Taxation, Revenue Cabinet; Ms. Charlotte Quarles, Legislative Research Commission; and Mr. Perry Nutt, Legislative Research Commission. Ms. Baldridge stated that she provided the Subcommittee with information concerning a proposed federal income tax credit for persons who care for the elderly in the home, and the need for a similar credit in Kentucky.

 

Ms. Baldridge announced that the Subcommittee had adopted the following recommendations:

 

(1)       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

(2)       That the General Assembly enact legislation to increase the excise tax on                                cigarettes to $1.00 per pack, and impose a 50% tax at the wholesale level                                on smokeless tobacco, cigars, rolling paper, and other tobacco products not                                 covered by the cigarette tax, and provide that a portion of the tax receipts                                  be dedicated to programs for the elderly.

 

After brief discussion 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 Chair)

 

Ms. Phelps reported that Mr. Tom Hewlett, LRC staff, presented LRC Research Report 319, Human Service Transportation Delivery: System Faces Quality, Coordination, and Utilization Changes. After Mr. Hewlett's presentation the Subcommittee received a report from Mr. Russ Romine, Office of Budget and Fiscal Management, Kentucky Transportation Cabinet. Mr. Romine's report offered an overview of Road Fund revenues, and also presented charts comparing Kentucky with seven surrounding states in numerous categories. The third presenter for the Subcommittee was Ms. Vickie Bourne, Office of Transportation Delivery, Transportation Cabinet. Ms. Bourne discussed programs implemented by her office.

 

Mr. Jim Roberts, Subcommittee Staff, gave members an overview of prefiled legislation to be considered by the 2005 General Assembly that has been referred to the Transportation Committee for consideration.

 

Ms. Phelps announced that the Subcommittee had adopted the following recommendations:

 

(1)       That the General Assembly appropriate sufficient matching funds to ensure                             that the Office of Transportation Delivery receive all available federal                                 funds for use in the state's public transportation programs;

(2)       That the Legislative Research Commission encourage the appropriate interim joint committee to monitor the recommendations made in Research Report 319 on Human Service Transportation Delivery to actively promote their implementation; and

(3)       That the General Assembly enact a primary seatbelt law.

 

A motion to adopt the Subcommittee's recommendations was made and seconded, and was 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 May 12-13, 2005, and stated that there being no further business, the meeting was adjourned.