37th Annual Session Minutes
Kansas Silver Haired Legislation
Annual Session – Topeka, Kansas
October 1, 2019 to October 3, 2019
Those in attendance (one, two or all three days) are as follows:
PSA-1 * Modestine Bell / Thomas Gordon / Michael Keohane / Alford Rangel
PSA-2 * Donna Lehane / Chuck Schmidt / Don Durflinger / Wayne Valentine / Carl Williams
PSA-3 * Lois Cossman / Larry Struckmeyer / Alice Lindeman / Steve Watts / Virgil Mock / Ann Blessing-Deyoe / Darlene Riggs / Allen Schmidt
PSA-4 * Ernest Dyer / Paula Hladky / Carolyn Brady / Don Woodard
PSA-5 * Vickie Winans / Mike Brunner / Judy Wilson / Janice Fewins / Patty Horgan
PSA-6 * Gayle Anderson / Ada Bogart / Steve Brom / Winona Gebauer / Juanita Parker / Jim Sharp / Janice Walker / Dianna Beebe / Dorothy Ziesch
PSA-7 * Clarence Hermann / Bill Otto / Jane Wade
PSA-8 * Frank Catalo / Cherie Birkbeck / Ross Boeling / Ross Hill / Memory Maginley / Jay Kallman / Cynthia Nelson / Jay Rowh / Barbara Smith
PSA-9 * Gil Bunning / Herb Gwaltney / Joyce Simpson / Pamela Bachman / Anna Wilhelm
PSA-10 * Carmen Booz / Faye Melton / Shirley Melton / Curt Watkins / Jim Toews / Mary Nichols / Leonard Scheufler
PSA-11 *Katy Hoffman / Jeanie Adkins-Peine / Mary Penrose / Jerry Ireland / Gary Scott
Tuesday October 1 started off with sign in and/or registration from 10 am – around 1:30 pm at tables set up in the Ramada Inn Hotel. Full Tuesday activities started at 1 pm in the Grand Ball Room with the presentation on CapTel, Ultimate phone for people with hearing loss. I was still at the sign in/registration table through all most all this presentation but overheard from those in attendance, it was very well received with a lot of good information. There was a handout given out and is an attachment to the minutes.
2:00 presentation was from KDADS, Connie Hubble and Kerrie Bacon, from here I was present and took notes. Connie spoke of the what’s important to their organization, TRANSPARENCY, VALUE STAFF, WORKING TOGETHER & WITH OTHER DEPARTMENTS, COLLABORATIONS. The last is in reference to 1) legislative items 2) budget items. Each works with a lot of data, some legislators want only data, some want the stories that go along with what they are dealing with. They deal with areas of 1) overseeing budget 2) long term care 3) behavioral health 4) waivers – care acts 5) State hospitals. They require background checks on all new employees and have gone to “live scans”. They also have new “finger print” checks at the Federal level. Not all counties are ready for the finger print checks, Shawnee and Sedgwick County are. Waivers (TBVI ?) and now BI – brain injuries are in two categories 1) acquired 2) traumatic. Under mental health – this area covers a big part of the budget. There are only 5 locations that handle this, Topeka, Salina, ?, ?, ?. Currently there is NO funding for the mental health side. Regional beds, they have the buildings but there is NO funding for them. PRTS covers children, right now they have 254 youth in this with a capacity for 300 – AGAIN NO FUNDING. They are working to get funding for assessments. The Nursing home bed tax, Sunset, extend the current one or remove it! They have a waiting list in the area of IDD, 4 thousand waiting in intellectual development and 2 thousand on the disabled list. There’s NO BUDGET FOR THEM. In the State Hospital areas, Ossawamate hospital at Larned needs to be expanded and updated. Larned needs staff and they need to be able to keep that staff, salaries are a big issue at the hospital. Larned Correctional facility pays more than the hospital. Psychiatry is 80 beds and they stay full, most are in and out daily. They deal with Predators and forensics. 22 nursing homes that were privately owned and went broke, the State took them over. They are in the process of turning them over to new owners. The State had just enough money to take them over and then turn them over to the new owners. (2:30pm now) Karrie Bacon who is a KanCare Ombudsman person speaks to us about HB2663 and the 2018 session, going into the different areas of the Bill. 1) ?, 2), 3), 4) responsibility of the Ombudsman 5) responsibilities of the office. It was set up in 2013, special terms and conditions. Renewed in 2019, with no change to 6) access to records 7) open records 8) special revenue 9) violations acts. Must be co-operative with the Ombudsman. They deal with situations of problems to get resolved and/or issues with Medicaid. This is different than the long term care Ombudsman. She does a quarterly report online and when she started she did around 2K a year, now it’s up around 41 – 42 THOUSAND a yer. Goal is to answer and return calls within 48 hours. Those within the 48 hours are about 85% done, the rest sometimes take 4 – 6 days to get answers. Olatha and Wichita have volunteers in both areas to get the word out about them. All 105 Counties get a packet on their information. In 2016 the system changed and they had to adapt on getting out their information. Medicaid privatized in 2013 and there were no records prior to 2013. Each County has a public health department and that’s who gets their information. Department of Aging is one area the info gets sent to. www.kancarombudsman.k Kancar.email@example.com and or 1-855-643-8180 A question was asked if there were statics of the psychiatric hospital (Larned) of those released back into certain Counties and how many become homeless and in which Counties? She did not have those statics but suggested checking the websites.
KDOT presentation (3:10pm) Jon Moore (has handouts and some are attached) In 2016 Americans took 10.4 BILLION trips on public transportation. In Kansas the trips were 10 MILLION. www.KSRIDES.ORG His department deals with Regional routes / Co-ordinate scheduling and Mobility management. His departments also co-ordinates with Kansas Cancer Partnership and deal with electronic verified inspection. There’s a growing interest in efforts of co-ordinating dispatch, local services (SW,NW,NE), regional operations(Dickinson County), regional routes and mobility managers. KDOT covers 100% of the cost in the first 3 years, after that it’s about 90 – 10 split cost. National support, shared staff support, promoter of collaboration, developer of cross agency, provider of outreach, Quasi travel agent and educator. State is divided in 10 different regions and Federal funding, State funding which has about 15 million available. Cost sharing on the Federal side is 80% and local 20%. Connections to planning efforts are around 90%. Nemaha County is a success story. Flint Hills area transportation agency is another.
4:00 pm and we’re now onto the By-Law changes – 1st item; Carmen Booz PSA-10 motions from the floor to accept, Herb Gwaltney PSA-9 2nds. This is the only change under Article IV (PSA –planning and service area/ here after…). APPROVED / Next is 5C3 (remove 5 on a committee to 3) Ernest Dyer PSA-4 motions and Dorothy Ziesch PSA-6 2nd – APPROVED / Next is Article VI C1, Juanita Parker PSA-6 motions and ??? 2nd the motion it’s APPROVED. There’s continued discussion on the By-Law changes with much discussion on a “sub delegate”. There’s a motion (??) to APPROVE the last 2 pages as amended and a 2nd, they are approved. There’s a motion to approve all changes on the By Law document – approved. (4:50pm)
According to today’s schedule from 5:15 – 6:00 pm the hotel is providing wine and cheese. After this time all delegates are excused for dinner on their own and the convention will continue at 8:00 am in the Capital Building in the House Chamber, 3rd floor – west.
SHL Executive Board meeting will be held from 6:30 – 9:30 or until business is concluded. There is a separate attachment for the minutes of this Ex-Board meeting.
WEDNESDAY MORNING October 2, 2019
Convention called to order by our Speaker – Don Woodard at 8:00am.
Connie Hubble (8:07am) is here again to speak to us. She’s here both days to listen to us and learn from us. She wants to learn what to expect with us going forward.
Will Lawrence (Chief of Staff to Gov. Kelly) (8:09am) gives us statics on how the senior population is growing. Speaks to expanding Medicaid and that the House put together an expansion Bill, now sets till fall. Tells us there’s they understand there is a problem in RURAL KAN SAS. He’s done at 8:15am and Connie comes back up to the microphone. She speaks about the five (5) responsible areas she deals with; 1) ALL programs of Aging, 2) Senior Care Act, 3) Behavioral Health, 4) Prevention, 5) Finance/Survey and Credentials, and 6) State Hospitals. They have a 2019 Strategic Plan going forward and she continues to touch on some of what she spoke to us about yesterday. KSA 38-29 – KSHL worked to promote the Grandparents Rights. HB 2404 – Children and Seniors Bill is still alive. She’s working with Rep. Tom Cannon on the Bill. It’s a 21 member committee and the Bill covers a lot. Those who asked questions yesterday and she did not have answers; she’s working on getting us those answers (Reno County). A contact Barbara Hickert @ KS.GOV is a Long Term Care Omnibusman, phone (785) 296-3017. She now opens it to Q & A. Bill Otto reminds us to come to the microphone to speak. Q – Ernest Dyer PSA-4, appreciates employment but wises them to include volunteerism. A – she agrees and said she will take it back to the Secretary. Q – Vicki Winans PSA-5 out in the field no one knows who the organization is, what it does and/or where to go for help. There needs to be more knowledge sent out to everyone. A – she appreciates the feedback. Q – Carl Williams PSA-2 possibly make themselves available out on Facebook as the younger generations do a lot on their phones. Q – Thomas Gordon PSA-1 how do we get the word out on “elder abuse”, especially during times where there’s time of major damage in areas and contractors flood the areas hit worst. (AAA info?) A – Connie will have to look into getting a good answer for this and she’ll get back to Don with an answer he can send out to us. Q – Chuck Schmidt PSA-2 issues with foster kids – teachers need more information about the kids in their class rooms. Is there a site for a clearing house on jobs not necessarily on volunteerism jobs? A – She does not have an answer on the job listings and will look into the foster care issue. Connie.Hubbell@KS.GOV
(8:39am) Deputy Secretary Brian Caskey administers the OATH OF OFFICE. He tells us that we need more people to step up and ACT, not just post things online that are most times wrong. Those who VOTE in the FALL elections are 10 -40% and for the Presidential VOTE it runs at 70% in Kansas. He thanks us for what we do.
Secretary Donna Lehane performs a FULL ROLL CALL for the start of our morning session. PSA-1 = 7 delegates, 4 present / PSA-2 = 7 delegates, 3 present / PSA-3 = 14 delegates, 8 present / PSA-4 = 7 delegates, 4 present, PSA-5 = 7 delegates, 5 present / PSA-6 = 12 delegates, 9 present / PSA-7 6 delegates, 3 present / PSA-8 = 14 delegates, 9 present / PSA-9 = 5 delegates, 5 present / PSA-10 = 8 delegates, 7 present / PSA-11 = 6 delegates, 5 present. This completes the morning roll call for the start of the 37th Annual Convention of the Kansas Silver Hair Legislation.
Chuck Schmidt 2nd Speaker Pro Tem (PSA-2) formerly makes a motion from the floor to start the agenda for the day, Larry Struckmeyer (PSA-3) 2nd the motion; APPROVED by ALL. Don Woodard (PSA-4) Speaker sidelines the Resolutions for now. Ada Bogart Floor Leader (PSA-6) Motions from the floor to adjourn to our committees. Thomas Gordon Chair PSA-1, 2nd the motion; APPROVED by ALL. Committee rooms are as follows, Committee 1 – Room 144, Committee 2 – Room 152 and Committee 3 – Room 159S. President Bill Otto PSA-7 reminds us that when you set in committee, even if you are not around the ring, you are still part of the committee. Please use the microphones if at all possible. Chris Wagner from the Capital, sets to Don Woodard’s right and there will be others in each room/committee to help with conducting our business today. We are now adjourned until 1:00pm back on the House floor.
PLEASE SEE SEPARATE ATTACHMENT FOR RESOLUTION REPORTS.
12:45pm back on the House floor, it’s brought to the Secretary; Donna Lehane that in our handout booklet the page which shows 2 committees and who’s on them is incorrect. Those 2 should read; Finance Committee – John Allard PSA-8 / Herb Gwaltney PSA-9 and Gary Scott PSA-11. Elections and Credentials – Carmen Booz PSA-10 / Jim Toews PSA-10 / Ada Bogart PSA-6 and Shirley Fair PSA-10. ALL OTHER LISTINGS ARE CORRECT.
Wednesday afternoon session is brought to order at 1:00pm with a full roll call by Secretary Donna Lehane. PSA-1 = 7 delegates / 4 present, PSA-2 = 7 delegates / 4 present, PSA-3 = 14 delegates / 12 present, PSA-4 = 7 delegates / 4 present, PSA-5 = 7 delegates / 5 present, PSA-6 = 12 delegates / 9 present, PSA-7 = 6 delegates / 3 present, PSA-8 = 14 delegates / 9 present, PSA-9 = 5 delegates / 5 present, PSA-10 = 8 delegates / 7 present, PSA-11 = 6 delegates / 5 present.
Ada Bogart Floor Leader motions to bring our convention back to order.
Speaker Don Woodard removes himself and allows Speaker Pro Temp, Chuck Schmidt to proceed with our afternoon duties.
Thomas Gordon – Chair on Resolution 3701 reports there are no changes and asks to accept 3701 as written. Donna Lehane PSA-2 2nd the motion, motions carries. Thomas tells us there was several Q and A that were answered and the benefits of expanding Medicare. Those in the committee approved the Resolution by a motion, Dianna Beebe PSA-6 2nd the motion; no discussion (going 1, 2 and 3 times) – Approved by voice vote – No – no votes.
Gayle Anderson PSA-6 brings forth Resolution 3704, there were no changes and asks that we accept the Resolution as written. Larry Struckmeyer PSA-3 2nd the motion; open for discussion. Juanita Parker PSA-6 asks if there was any info on how many receive KPERS? Shirley Fair PSA-10 would like a clarification if we’re looking at 3704? Bill Otto PSA-7 clarifies who does qualify for KPERS, more the older retirees need it than the younger ones. Juanita again asks if we should add that statement into the resolution? A – Bill calls them double dippers and most all of the older ones drawing it have passed away, legislation would most likely NOT vote it in. Gil Bunning PSA-9 states he’s been drawing KPERS for 9 years now and never had an increase. It does not contain a COLA and some teachers don’t plan for it. There hasn’t been an increase in 20 some years. Last year there was a Bill passed and it had step increases. But for years there was NO money put back into it. Once the void is filled in KPERS the Bill went away. Retired judges retire at about 96% of the original wages, teachers are at 62%. Speaking for the resolution, gave some back ground history on KPERS, State hasn’t been putting any money back in. Last year the State finally put money back in but it does not equal what hasn’t been put in for previous years. Bill reminds us to please refrain on your time speaking. The motion and 2nd to approve Resolution 3704 is on the floor, how do you vote. Voice vote – approved the resolution. Gayle brings forth the motion to approve the committee report, Donna Lehane PSA-2nd, voice approval, no – no votes.
Allen Schmidt PSA-3 brings forth a motion to adopt the report on Resolution 3702, Larry Struckmeyer PSA-3 2nds, motion is approved. Allen tells us that 3702 was amended and there’s a new single copy out that has the amendment included and has a typo – line through it. He reads the revision/paragraph that has the change in it. Motion to accept the Resolution 3702 with its corrected change included, Jay Rowh 2nd PSA-8, full resolution read again – voice vote to approve – no – no votes.
Ross Boelling PSA-8 motions to accept the committee report, Donna Lehane 2nd, approved by voice vote. No – no votes. Ross tells us there were no amendments to the original Resolution 3703, there was an attempt for an amendment but it failed. Open for discussion. After some discussion on the cost of loss taxes a motion to accept Resolution 3703 is brought forth, Curt Watkins PSA-10 2nd. Voice approval with a “few” nays, motion still passed.
Katy Hoffman PSA-11 brings forth a motion to accept the Resolution 3705, Herb Gwaltney PSA-9, 2nd. Voice vote – approved. Katy then brings forth a motion to accept the committee report out, Clarence Hermann PSA-7 2nd. Motion to accept the report out is approved by voice vote.
Katy Hoffman PSA-11 motions to accept Resolution 3706, Leonard Schufler PSA-10 2nd, motion is approved by voice vote with 1 nay vote. Katy brings forth a motion to accept the committee report, Thomas Gordon PSA-1, 2nd. Motion is accepted by voice votes with 3 nay votes.
Katy Hoffman PSA-11 motions to accept Resolution 3707, Clarence Hermann PSA-7, 2nd the motion. Approved by voice vote. Katy then brings forth a motion to accept the committee report, Shirley Fair PSA-10, 2nd. Memory Maginley PSA-8 asked a question and Katy refers to the researchers who sat in on committee and Section 2 of the Resolution – repeal – done on almost every Bill. Motion passes by full approval by voice vote.
Speaker Pro-tem recognizes Ada Bogart Floor Leader to present a motion to accept all Resolutions and committee reports. Donna Lehane PSA-2 2nd and the motion is approved by all with a voice vote.
Speaker Pro-tem Chuck Schmidt is removed and Speaker Don Woodard takes over again with House floor duties. Gary Scott PSA-11 makes a floor motion to remove the reading of all the Resolutions by Secretary Donna Lehane PSA-2, Bill Otto PSA-7, 2nd the motion. Approved by voice vote by all present.
A printed revised copy of Resolution 3702 is passed out to everyone in attendance.
Bill Otto, President KSHL (PSA-7) tells us that after our adjournment pictures will be taken and would everyone please stay in Chambers for the photos. Next year because of the way the dates fall on the calendar year, our annual meeting will be October 6, 7, and 8, 2020 in Topeka.
Secretary Donna Lehane brings up the discussion on how PSA groups either mark a delegate excused or absent. She states that in PSA-2 unless notified by the delegate they are unable to attend a meeting, they are marked absent. If a notice is sent, they are marked excused. She states those who are unable to attend the conference would be marked as excused, assuming each PSA group was notified that person was unable to attend the conference.
There’s discussion on each PSA Chair who sets on the Ex-board if an alternate should be sent in the Chairs place. Original Chair should let the Ex-board know they ae unable to attend and “so and so” will attend in their place.
Speaker Pro-tem Chuck Schmidt PSA-2 again motions for us to accept all committee reports. It’s 2nd and approved by a voice vote.
Floors open for announcements and discussions. Jay Rowh PSA-8 tells the group that our KSHL photographer is Carl Williams PSA-2 and will put together a DVD of ALL the pictures he has/will take of our convention.
On the changes to the standing committees, let Donna or Jay know of changes and they will get them to our new President Bill Otto.
In 3 – 6 weeks the leadership will get together to finalize this meeting. A mailing will go out on all the happenings at the convention after this meeting takes place.
Paula Hladky PSA-4 talks about the 50 – 50 drawing and our silent auction that happens at our dinner tonight. Auctions items will be ready by 5:30, eat around 6 and everyone needs to watch their bids and bid high. Everything takes place in the Ramada Inn banquet hall.
Any ideas and/or changes, email them to our Speaker Don Woodard.
Dianna Beebe PSA-6 wishes to thank all those who have helped all of us today. Chuck Schmidt PSA-2 tags on those who also helped in committees and the knowledge they have available and brought it into our committees.
Chair recognizes Ada Bogart Floor Learder PSA-6, states we move until passage of tomorrow morning. Approved, now 2:26pm. Pictures now to be taken while still on the House floor.
Wednesday evening dinner and silent auction, there were invited guest in attendance. PSA-2 Chair Donna Lehane invited several and only one attended, Senator Mary Ware District 25 and her guest. Also our SHL geriatric scholarship winner Bethanie Courtney and her father were in attendance to accept her scholarship. Bethanie will attend Pittsburg State University BSN School of nursing. Anna Wilhelm PSA-9 wins the 50 – 50 raffle of $400.00. It’s stated after the silent auction ends that this year’s profits were the highest we’ve had in previous years.
October 3, 2019, Thursday morning we are called to order at 8:03am. Speaker Don Woodard brings up the food at last nights dinner with some discussion.
Donna Lehane Secretary PSA-2 does a roll call for attendance. PSA-1 = 4 present / PSA-2 = 3 present / PSA-3 = 8 present / PSA-4 = 4 present / PSA-5 = 4 present / PSA-6 = 9 present / PSA-7 = 2 present / PSA-8 = 9 present / PSA-9 = 5 present / PSA-10 = 7 present / PSA-11 = 4 present for a total delegates today of 59.
Roll call votes for each Resolution –
Resolution 3701 Expansion of Medicaid = 59 FOR, 0 against – passes
Revised Resolution 3702 Community Based Transportation – Allen Schmidt PSA-3 brings a motion from the floor to allow us to do a unanimous vote on each resolution, Bill Otto PSA-7/President 2nd the motion – APPROVED by ALL. Unanimous vote – 59 FOR, 0 against – passes.
Resolution 3703 Exempt Purchases of Food from Sales Tax – call for a unanimous vote. Carl Williams PSA-2 motions, Thomas Gordon 2nd – approved – 59 FOR. 0 against – passes
Resolution 3704 KPERS – call for a unanimous vote, Gary Scott motions PSA-11, Jim Sharp PSA-6, 2nd – motion approved – 59 FOR, 0 against – passes
Resolution 3705 Grandparents Rights – call for a unanimous vote, Thomas Gordon PSA-1 motions, Chuck Schmidt PSA-2, 2nd – motion approved – 59 FOR, 0 against – passes
Resolution 3706 Medical Cannabis – call for a unanimous vote – Steve Watts PSA-3 motions, Ada Bogart PSA-6, 2nd – motion failed. There will be a roll call vote. Discussion – Mike Keohane PSA-1 is a retired military nurse and he states there is not enough data on the long term affects. He works with a doctor in Leavenworth on this issue. Carmen Booz PSA-10 wants to know the sources, she states the Senior Center n Reno County is in favor of this. Mary Nichols PSA-10 votes YES, her Senior Center supports it for pain. Continue with the roll call vote, there are 53 YES and 6 NO votes. PSA-1 – 3 YES – 1 NO / PSA-2 – 3 YES / PSA-3 – 8 YES / PSA-4 – 3 FOR – 1 NO / PSA-5 – 4 YES / PSA-6 – 8 YES – 1 NO / PSA-7 – 2 YES / PSA-8 – 7 YES – 2 NO / PSA-9 – 5 YES / PSA-10 – 6 YES – 1 NO / PSA-11 – 4 YES. With a total of 53 YES votes and 6 NO votes the Resolution 3706 passes by a majority.
Resolution 3707 Senior Care Act – call for a unanimous vote – Dianna Beebe PSA-6 motions, Larry Struckmeyer PSA-3, 2nd, motion passes. 59 FOR and 0 against, Resolution 3707 passes.
This ends our voting on our Resolution for this session.
Speaker Don states he will present our resolutions to the legislators and Governor. In the past ti was the Governor and Secretary of State. Session runs from January to May, there will be meetings and sessions on most of these and it would be nice to have people show up and possibly speak.
Paula Hladky PSA-4 tells us that the 50 – 50 raised $800.00, which $400.00 went to the winner announced at the dinner last night. Silent auction raised a total of $1804.00, our largest so far. Thanks to everyone.
Gary Scott PSA-11 lets everyone know that when you write SHL a check, make it out to Kansas Silver Hair Legislator (KSHL), NOT the treasurer.
Bill Otto PSA-7, President SHL tells us if you go online you can follow how the legislation is voting. You can actually listen in on committee meetings. Tax Bills are getting bundled.
Ross Boelling PSA-8, new Chair PSA-8 and new Vice President wants to thank everyone for everything that was done to put this together. He reads a piece he found and likes. FAITH / TRUST / HOPE / CONFIDENCE / LOVE / ATTITUDE
Leonard Schulfer PSA-10 wants to know if we have to request to be a lobbyist – NO. But be careful of who you approach on it.
Donna Lehane PSA-2 lets everyone know that a phone call to legislators will get more attention than an email.
Jay Rowh PSA-8 says in our journal coming out it will have all that information in it and can be passed out. Journal will have a newspaper article in it, pass it out everywhere you can. Thanks to Paula and Leonard for all their help. Kansas-SHL.org
Bill Otto PSA-7 our resolutions passed today can be lobbied as a KSHL item. The average legislator does not read all his mail. On emails, if it’s wrote in your own words, it might get read sooner. DO NOT FORWARD EMAILS, they usually never read those.
Live stream them on UTube.
Speaker Don Woodard recognizes Ada Bogart Floor Leader – we are adjourned till next session, October 6, 2020.
Minutes recorded by Secretary
Donna Lehane Chair PSA-2, Secretary for the Ex-Board