The second semiannual meeting of 2004 of the Executive Committee of the Special Advisory Commission of Senior Citizens was held on Monday, October 4, 2004, at 1:00 PM, in Room 327 of the Capitol. Berton Sisk, Chair, called the meeting to order.
Present were:
Members: Berton Sisk, Chair; Peggy Baldridge, Bill Harned, Pete McNeill, Norman Pallarito, Jean Phelps, Jeane Robertson, Jim Terrell, and Laurel True.
Guests: Erin McNees, Andrew Stukenborg, and Cindy Upton
LRC Staff: Eric Clark, Katie Carney, Gerard Donovan, Gilmore Dutton, Rhonda Franklin, Charlotte Quarles, Jim Roberts, and Pam Thomas.
Chairman Sisk welcomed the members and staff to the Commission's Executive Committee meeting. Chairman Sisk stated that the purpose of the meeting was to discuss agendas for the Commission's general sessions and subcommittee meetings on Thursday and Friday, November 4-5, 2004.
Mr. Sisk recognized Gilmore Dutton for some comments. Mr. Dutton said that Mr. Dale Young of the Taxation Subcommittee passed away on September 23. He also said that Mr. Joe Bishop called to say that he was feeling under the weather and would not be at the Executive Committee meeting. Mr. Dutton also mentioned that Carolyn Horn would not be at the meeting because she was stuck at the Atlanta airport returning from Florida.
Jeane Robertson made a motion to approve the minutes from the April 5, 2004, Executive Committee meeting with a second by Jean Phelps. The minutes were approved.
Mr. Sisk referred to a memo sent to the members of the Executive Committee setting out a tentative agenda for the November meeting and providing guidelines for the subcommittee meetings. He stated that the keynote speaker for the opening General Session would be the Secretary of the Cabinet for Health and Family Services. After the Secretary spoke there would be a panel of reactors consisting of Representatives Tim Feeley and Jimmie Lee and Senator Julie Denton. A question and answer session would follow the presentations.
Mr. Sisk mentioned that legislative proposals would be mailed prior to the November meeting. Mr. Sisk then presented guidelines for the subcommittee meetings on Thursday which would be held from 2:45 to 5:00 p.m.
Mr. Sisk recognized Mr. Dutton for any additional information regarding the agenda for the upcoming meeting. Mr. Dutton stated that the subcommittee meetings were scheduled to run at the will of the chair for around two hours.
Mr. Sisk recognized Bill Harned for a report on the Consumer Affairs Subcommittee's agendas for the November meeting.
Mr. Harned stated that the agenda would consist of Vicky Henderson speaking on crimes against the elderly, and Henry Hensly, who is in the banking industry, speaking on predatory lending. Mr. Harned added that he would like to add scams and financial exploitation to the list of suggested agenda items Mr. Sisk listed earlier.
Mr. Sisk recognized Jeane Robertson for a report on the Health and Human Services Subcommittee's agendas for the November meeting.
Ms. Robertson stated that there would be an update on nursing home reform. The subcommittee would discuss HB 292, which deals with the provider tax, and how the tax differs between private pay nursing homes and Medicaid pay nursing homes. Ms. Robertson stated that there would not be a speaker at the Friday morning's meeting.
Ms. Robertson recommended that additional topics to be discussed at the November meeting include the ombudsman health care crisis, and the funding crisis for the legal aid department which assists the elderly.
Ms. Robertson suggested that the Commission send meeting notification letters to various people, namely the area development districts, the area development districts' agencies on aging, the Kentucky Association of Gerontology, and the Kentucky Association of Adult Daycare. She added that nursing homes, ombudsman, assisted living councils, the Kentucky Housing Authority, the Elder Abuse Committee, the Kentucky Institute on Aging, the Attorney General, mental health committees, aging committees, and adult protective services should also be invited or notified about the Commission's meetings. She added that the Commission could be more effective if these groups were present at the meetings. Ms. Robertson also suggested an additional subcommittee topic, namely, long-term care supplemental insurance.
Mr. True asked Ms. Robertson, "What are nursing homes doing with the new money received from the provider taxes?" He said he believes that it is supposed to go to Medicaid patients.
Eric Clark explained the difference pertaining to provider taxes, between nursing homes with and without Medicaid patients. He added that Mr. Bernie Vonderheide will be at the Subcommittee's meeting to address this issue if needed.
Pam Thomas stated that provisions in HB 292 specify the use of part of the money received from provider taxes.
Ms. Robertson stated that she would like to receive a printout from Medicaid as to what their money has been used for, and is being used for.
Mr. Sisk asked for suggestions as to how the Executive Committee could get the Commission members more enthused about these various issues at the November meeting.
Gerard Donovan suggested mailing a copy of the agendas to each subcommittee.
Mr. Sisk recognized Jim Terrell for a report on the Insurance Subcommittee's agendas for the November meeting.
Mr. Terrell stated that the Subcommittee would review the recommendations from the May meeting. He added that at the May meeting they had a representative from the Attorney General's Office to speak about health insurance, medical malpractice, and long-term care issues.
Mr. Terrell said that at the meeting the subcommittee would be given a PowerPoint presentation on accessing the Internet. Mr. Terrell recognized Rhonda Franklin to provide information about the presentation.
Ms. Franklin said that the presentation could be made in the future to the full Commission, if so desired. She stated that after the presentation the Subcommittee would have a discussion on state employee health benefits.
Ms. Robertson asked about supplemental insurance and which carriers were recommended.
Mr. Sisk asked Mr. Harned about AARP's commercial products. Mr. Harned responded that he could suggest that members read about AARP's products, but that he couldn't make recommendations.
Mr. Dutton asked Ms. Franklin if the Office of Insurance oversees supplemental policies. She responded that they do, along with all types of insurance.
Ms. Robertson mentioned that she has been asked to recommend a supplemental insurance policy to friends and feels uncomfortable doing so. She refers her friends to the Kentucky Retired Teachers Association's newspaper article relating to vision and dental insurance.
Mr. Dutton asked Ms. Franklin if she could get a list and ratings on all insurance companies that do business in Kentucky from the Office of Insurance.
Mr. Pallarito asked if staff could provide a packet of all subcommittee handouts to the full membership.
Mr. True gave a list of items that he would like to see distributed to all members prior to and after the full meetings.
The list consisted of three items:
1) An issue brief (about one typed page) on each topic listed on the Subcommittee's agenda to be mailed to membership one week prior to the full meeting;
2) A brief overview (5-6 sentences) of the Subcommittee's recommendations to be mailed to the membership one week after the full meeting; and
3) A status report on recommendations adopted by the Commission and mailed to the members of the General Assembly, to be mailed to the membership one week prior to the full meeting.
Mr. Sisk recognized Ms. Peggy Baldridge for a report on the Taxation Subcommittee's agendas for the November meeting.
Ms. Baldridge stated that the agenda would consist of a discussion on the May meeting recommendations, and suggestions on changes to those recommendations. She gave as examples reducing the amount recommended for the cigarette tax increase, and dedicating a portion of the cigarette tax increase to elderly programs. She said she believes that the recommendation relating to providing a tax credit to people who care for the elderly in the caregiver's home or the elderly's home should remain a recommendation. She suggested adding a recommendation giving a one-time amnesty to individuals owing back property taxes. Ms. Baldridge stated that Marian Davis, Executive Director for the Department of Property Tax in the Revenue Cabinet, would be speaking to the Subcommittee.
Mr. Dutton announced that the Commission would prepare a memorial resolution for Mr. Dale Young for adoption by the full Commission.
Ms. Robertson stated that Don and Martha Sarver will be resigning because of Mrs. Sarver's poor health.
Ms. Baldridge stated that Ms. Daisy Howard Williams will be resigning because of poor health.
Ms. Baldridge commented that seniors represent the largest group of voting citizens and that the Commission must be advocates for senior issues.
Mr. Pallarito asked how the Commission can better make its voice heard. He mentioned that all the subcommittees should be behind the issues.
Ms. Robertson asked Mr. Dutton what the Commission can do regarding lobbying. He replied that the Commission's only mission, as stated in the Commission's bylaws, is to report "...the views of the senior citizens to the Kentucky General Assembly." However, Mr. Dutton said, there was no prohibition against any member of the Commission communicating with their legislators as a citizen of the state.
Mr. Dutton mentioned that staff will try to secure an annual invitation for the Commission to testify before the Interim Joint Commission on Seniors, Veterans, Military Affairs, and Public Protection after the Commission's May meetings.
Mr. True asked if the Commission was allowed to testify in behalf of a bill that the Commission is in favor of, or which contains provisions that the Commission endorses. Mr. Dutton stated that he would have to check on the protocol of testifying on behalf of a bill.
Mr. True asked if members would be able to express their individual feelings about a bill, even though the member does not have the authority to speak in favor of the bill as a representative of the Commission. Mr. Dutton replied that a member can express their feelings as an individual, but not as a representative of the Commission.
Ms. Phelps suggested that citizens send hand written letters to their legislators.
Mr. Sisk asked if a letter could be sent to the General Assembly from the Executive Committee, that has only one topic of interest for each Subcommittee. Mr. Dutton reminded the Executive Committee that staff currently mails all the recommendations to the General Assembly, but that if the Executive Committee wanted to limit the number of recommendations forwarded on to the General Assembly to only one per subcommittee, they could do so.
Ms. Baldridge stated that the third principle purpose of the Commission in the by-laws is to develop methods of reporting the views of the senior citizens to the Kentucky General Assembly. Mr. Dutton responded that prior to becoming Staff Coordinator, the Commission's recommendations were mailed to the Legislative Research Commission for distribution to the appropriate Interim Joint Committee. He commented that not a lot happened with the recommendations under this method. The current method of communicating the recommendations at least guarantees that each member of the General Assembly will receive a copy of the recommendations.
Mr. Sisk asked if other states had a program similar to the SACSC. Mr. Dutton stated that the National Conference of State Legislatures is a great resource for finding out what other states are doing.
Mr. Sisk asked if the Commission could receive a list of other states recommendations that relate to senior citizen issues. Mr. Dutton replied that the subcommittee staff may be preparing that now.
Ms. Robertson asked how many times the Commission has testified before the Interim Joint Committee on Seniors, Veterans, Military Affairs, and Public Protection.
Mr. Harned suggested including the NCSL information in the informational packet. Mr. Harned added that staff needs to make sure the packets are still small.
Ms. Baldridge asked if the NCSL website and information is available to the public. Gerard Donovan responded that some information is, and the website can be located by doing a simple search. He added that the LRC Library has available some of NCSL's publications.
Mr. Donovan suggested that members individually lobby other groups on issues. Mr. Dutton stated that this was fine for an individual member to do, but the problem would again be if the member did this on behalf of the Commission.
Mr. Sisk recognized Jean Phelps for a report on the Transportation Subcommittee agendas for the November meeting.
Ms. Phelps stated that they have asked Dr. Cynthia Stafford of LaGrange for an overview of the transportation delivery program in Oldham County. If Dr. Stafford is not available then Mr. Pallarito would give the overview. The subcommittee would also hear from Tom Hewlett, staff for LRC's Program Review and Investigations Committee. Mr. Hewlett would discuss a report prepared by the Committee relating to human service transportation delivery system. Ms. Phelps added that on Friday morning the subcommittee would discuss the topics presented by Mr. Sisk earlier, and review prefiled legislation for the 2005 Regular Session of the General Assembly.
Ms. Baldridge asked if the Subcommittee would be addressing transportation problems in rural areas. Ms. Phelps responded to her question with a "yes".
Mr. McNeill asked if the predatory lending discussion would include check cashing. He stated that number of new check cashing offices has grown over the past years.
Mr. Harned stated that check cashing offices were a satellite to the main issue in predatory lending, i.e., home equity loans. He added that some changes have been enacted into law relating to check cashing and predatory lending.
Mr. McNeill stated that the interest rates of some check cashing firms are extraordinarily high.
Mr. Harned responded that check cashing would come under a whole subject of consumer education.
Ms. Robertson stated that bank laws have changed so that now businesses are able to withdraw funds immediately from a checking account when they receive a check. This results in the possibility of more overdrafts and overdraft fees.
Mr. Harned stated that Ms. Robertson was referring to the Check 21 Law, which allows businesses to instantaneously debit a person's checking account. He added that this law is a little one-sided, in that deposits are not immediately credited to the account. Mr. Harned mentioned that in the first year in place the law asks banks to waive the overdraft fees. He added that many banks no longer give back canceled checks or even a photocopy of the canceled check.
Mr. Dutton commented that at his bank transactions aren't considered completed until the close of the business day. He added that he is able to call his bank and immediately receive information regarding checks which have been cashed and deposits which have been made.
Ms. Baldridge commented that if a person needs to have a copy of the check or the original cancelled check that the bank would charge a fee.
Mr. Pallarito commented that some stores hand back the check as soon as they debit the individual's account.
Mr. True asked if a subcommittee was going to be discussing legal aid. Mr. Harned stated that Consumer Affairs would try to include that topic on their agenda.
Ms. Robertson provided the percentage of the budget cut this year in legal aid funding.
Mr. True asked if vice-chairs of the subcommittees could meet about elder abuse or medical malpractice and make recommendations to be adopted during the Closing General Session.
Ms. Phelps stated that the vice chairs are needed during the subcommittee meetings.
Mr. True then suggested that the vice chairs meet during breakfast.
Ms. Phelps stated that the subcommittee's recommendations won't be finalized until the subcommittee meetings on Friday morning.
Ms. Robertson commented that most people leave prior to the Friday morning general session.
Mr. True stated that having Mr. Bill Cooper as the speaker at the Friday general session will hopefully entice people to stay at the meeting until adjournment.
Ms. Robertson suggested having a sandwich lunch on Friday after the general session. Mr. Dutton stated that a buffet lunch could possibly be arranged to be served at noon, provided the members would not receive reimbursement for their lunch if they ate elsewhere. He stated that a problem would be getting an exact count of the number of people, because the food has to be pre-ordered, and the bill would be for the number of people for whom food was ordered. He added that he would check on the feasibility of providing a meal at noon.
Ms. Robertson suggested adding a line to the reservation card asking if the member was planning on staying for lunch.
Mr. Sisk suggested allowing Mr. Dutton to research the possibility of providing a buffet lunch on Friday afternoon.
Mr. Dutton reported a message from Carolyn Horn about Mr. Bishop's suggestion in the April meeting minutes relating to mentoring new members.
Mr. Sisk responded that he can see advantages to Mr. Bishop's suggestion.
Mr. Dutton recognized Cindy Upton and Erin McNees, staff for the Program Review and Investigations Committee. Ms. Upton said that they are working on a study relating to adult protective services.
Ms. Robertson asked if the Pledge of Allegiance to the Flag could be said prior to the meetings, along with a non-denominational invocation.
Ms. Robertson asked if a group picture could be taken on Thursday night during dinner.
Ms. Robertson mentioned that members may try to find out who writes grants in their areas and lobby them to request more federal money for senior citizens.
Mr. Sisk thanked Mr. Dutton and Mr. True for their help.
Ms. Baldridge asked about pictures that have been taken at previous meetings. Mr. Dutton responded that the pictures taken are of legislators and speakers, and pictures are sent to them with letters of thanks. He added the any remaining pictures stay in files at the office. He stated that if members were interested in a picture they were welcome to stop by the office and pick it out.
Mr. McNeill asked if the pictures from previous meetings could be brought to the upcoming meetings for members to take home. Mr. Dutton responded that he didn't see why not.
Ms. Robertson asked how much a legislator is paid to be a host at the meeting. Mr. Dutton responded that a legislator is paid a day's salary and expenses for serving as a legislative host, but that most of the legislators who serve as hosts are in Frankfort attending a legislative committee meeting, or some similar official function, on the same day as the Commission's dinner, and, thus, receive no additional compensation for their participation at the dinner.
Mr. Sisk announced that the next meeting will be November 4-5 and the following meeting will be May 12-13, 2005.
Mr. Sisk adjourned the meeting at 3:00.