NEVADA LEGISLATURE NEVADA SILVER HAIRED LEGISLATIVE FORUM (Nevada Revised Statutes 437A.320 through 437A.400)

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1 NEVADA LEGISLATURE NEVADA SILVER HAIRED LEGISLATIVE FORUM (Nevada Revised Statutes 437A.320 through 437A.400) SUMMARY MINUTES AND ACTION REPORT The sixth meeting of the interim for the Nevada Silver Haired Legislative Forum was held on June 15, 2006, at 10 a.m. in Room 4401 of the Grant Sawyer State Office Building, 555 East Washington Avenue, Las Vegas, Nevada, with videoconferencing to Room 3138, Legislative Building, 401 South Carson Street, Carson City, Nevada. A copy of this set of Summary Minutes and Action Report, including the Meeting Notice and Agenda (Exhibit A) and other substantive exhibits, is available on the Nevada Legislature s Web site at In addition, copies of the audio record may be purchased through the Legislative Counsel Bureau s Publications Office ( publications@lcb.state.nv.us; telephone: 775/ ). COMMITTEE MEMBERS PRESENT IN LAS VEGAS: Verlia Davis Hoggard, President Thelma Clark, Vice-President Alice Adams Evelyn A. Cannestra, M.S.W. Sydelle MacKay Robert G. McCune Lucy Peres Herbert W. Perry Herbert E. Randall, Ed.D. Mary D. Roberts Mimi Rodden Ronald E. Stoller Harriet Trudell COMMITTEE MEMBER PRESENT IN CARSON CITY: Robert E. Erickson Ruth H. Hart Ray B. Jones Margaret Spooner COMMITTEE MEMBERS ABSENT: Jane Maxfield Carolyn Stephens LEGISLATIVE COUNSEL BUREAU STAFF PRESENT: Barbara S. Dimmitt, Senior Research Analyst, Research Division Gabriela Anguiano, Senior Research Technician, Research Division Melisa Aguon, Secretary/IS Support Specialist, Administrative Division

2 BRIEF SUMMARY OF TESTIMONY AND ANY ACTIONS TAKEN Forum President Verlia Davis Hoggard called the meeting to order at 10:02 a.m. Roll was called, and a quorum was determined to be present. APPROVAL OF MINUTES OF THE MAY 10, 2006, MEETING The minutes of the May 10, 2006, meeting of the Nevada Silver Haired Legislative Forum were not available, and Forum President Hoggard announced that they would be considered at the Forum s next meeting. APPROVAL OF TREASURER S REPORT FOR JUNE 15, 2006 Forum Treasurer Robert E. Erickson presented the Treasurer s Report for June 15, 2006 (Exhibit B), which projected an anticipated balance at the end of State Fiscal Year 2006 of $2, ROBERT G. McCUNE MOVED FOR APPROVAL OF THE TREASURER S REPORT OF THE NEVADA SILVER HAIRED LEGISLATIVE FORUM FOR JUNE 15, THE MOTION WAS SECONDED BY HERBERT W. PERRY AND PASSED UNANIMOUSLY. PUBLIC COMMENT Forum Member Ruth H. Hart introduced Marty Bibb, Executive Director, Retired Public Employees of Nevada (RPEN). Mr. Bibb stated that the work of the Forum, including its concern for issues affecting retired public employees, is critical. He presented a donation of $500 from RPEN to the Forum in recognition of the Forum s achievements and to help sustain its operations. Forum President Hoggard thanked Mr. Bibb and RPEN for this contribution to the Forum and for RPEN s good work. WORK SESSION Forum President Hoggard reminded members that the Forum is not authorized to write legislation, but is permitted to recommend to the Governor and the Legislative Commission that certain bills be drafted to accomplish purposes of importance to Nevada s seniors. She referred the members to the Work Session Document (Exhibit C) prepared by staff, noting that it contained a summary of each recommendation, an indication of its source, and additional documentation in a tabbed supplementary section. 2

3 Recommendation No. 1 Funding for the Forum Barbara S. Dimmitt, Senior Research Analyst, Research Division, Legislative Counsel Bureau (LCB), stated that Recommendation No. 1 offered two options for consideration by the Forum. Under the first option, the Forum could ask the Legislative Commission to include an appropriation for the Forum in the Commission s next budget. Under the second option, the Forum could ask a legislator to file a separate Bill Draft Request containing an appropriation for the Forum. She referred the Forum members to the Work Session Document (Exhibit C) for more information. Discussion focused mainly on the first option. Forum Member Margaret Spooner stated that any request to the Legislative Commission for funding should be worded as strongly as possible. Mrs. Hart opined that most Forum members have been donating their travel and other expenses and that this fact should be highlighted. Members discussed the importance of obtaining enough funding to enable Forum members to meet in a single location periodically. Forum Treasurer Erickson offered to help identify an appropriate amount to request and to join the Forum President in formally presenting the request to the Legislative Commission. ROBERT E. ERICKSON MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM REQUEST THE LEGISLATIVE COMMISSION TO INCLUDE FUNDING FOR THE FORUM IN THE COMMISSION S NEXT BUDGET. THE MOTION WAS SECONDED BY HARRIET TRUDELL AND PASSED UNANIMOUSLY. Recommendation No. 2 Protection from Unsound Investment Advice Ms. Dimmitt stated that this recommendation called for the Forum to include a statement in its final report highlighting the need to protect seniors over 60 years of age from victimization by individuals who may offer unsound investment advice. She referred the Forum members to the Work Session Document (Exhibit C) for more information. Mr. McCune and Forum Member Lucy Peres expressed concern about enticements being used to attract seniors to meet with individuals or companies advertising investment or financial advice. Mr. McCune urged support of Recommendation No. 2. Based on his conversations with staff in the Office of the Attorney General, however, he suggested the minimum age for a senior be raised to 65 years of age to conform to other definitions of seniors. Discussion ensued about making this change, but no consensus was reached. Mr. McCune also suggested that Nevada s Secretary of State, rather than the Office of the Attorney General, should be charged with protecting seniors from victimization by investment advisers. 3

4 HERBERT W. PERRY MOVED THAT LANGUAGE BE INCLUDED IN THE FINAL REPORT OF THE NEVADA SILVER HAIRED LEGISLATIVE FORUM EXPRESSING THE NEED FOR BETTER PROTECTION OF NEVADA S SENIORS FROM POTENTIAL VICTIMIZATION BY INDIVIDUALS OFFERING INVESTMENT ADVICE. THE MOTION WAS SECONDED BY MIMI RODDEN AND PASSED UNANIMOUSLY. Recommendation No. 3 Premium Tax on Annuities Forum President Hoggard indicated that under Recommendation No. 3, the Forum would propose the filing of a Bill Draft Request to eliminate or reduce Nevada s premium tax on annuities. She noted that the Forum had discussed this issue in the past and that legislation to eliminate this tax was considered during the 2005 Session of the Nevada State Legislature. She referred the Forum members to the Work Session Document Exhibit C for more information. Forum Member Ronald E. Stoller summarized his experiences concerning an annuity he purchased in another state prior to moving to Nevada, which became subject to Nevada s premium tax when he opted to annuitize the investment. Mr. Stoller summarized legislative debate on Senate Bill 176, which was introduced by Senator Beers in the 2005 Session but did not pass. He suggested the Forum recommend introduction of legislation to repeal the premium tax only on non-qualified annuities for seniors 60 years of age or over. He also provided a document containing additional information on this proposal (Exhibit D). Forum Secretary Harriet Trudell stated her strong opposition to lowering or eliminating the premium tax on annuities, on the grounds that some of the revenue generated by this tax may be used to benefit senior citizens. Forum Member Evelyn A. Cannestra indicated her support for lowering the premium tax on annuities. Forum Vice President Thelma Clark suggested that regardless of what the Forum may decide, Mr. Stoller could contact Senator Beers about introducing a new bill on the topic. Mr. Erickson supported Mr. Stoller s recommendation on the grounds that Nevada s premium tax is higher than that of any other state. HARRIET TRUDELL MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM OPPOSE RECOMMENDATION NO. 3. THE MOTION WAS NOT SECONDED. ROBERT E. ERICKSON MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM RECOMMEND INTRODUCTION OF LEGISLATION DURING THE 2007 SESSION OF THE NEVADA STATE LEGISLATURE TO ELIMINATE OR REDUCE THE PREMIUM TAX ON NON-QUALIFIED 4

5 ANNUITIES FOR SENIORS WHO ARE 60 YEARS OF AGE OR OLDER. THE MOTION WAS SECONDED BY MIMI RODDEN AND PASSED, WITH HARRIET TRUDELL VOTING IN THE NEGATIVE. Recommendation No. 4 Senior Protection Unit Ms. Dimmitt stated that Recommendation No. 4 called for Forum endorsement of draft legislation being developed by Nevada s Office of the Attorney General to establish a senior protection unit in that office. She indicated that the draft provided in the Work Session Document (Exhibit C) reportedly was the most recent version available. Mr. McCune and Forum President Hoggard spoke in favor of the recommendation. LUCY PERES MADE A MOTION THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM ENDORSE LEGISLATION BEING DRAFTED BY NEVADA S OFFICE OF THE ATTORNEY GENERAL TO ESTABLISH A SENIOR PROTECTION UNIT. THE MOTION WAS SECONDED BY SYDELLE MAC KAY AND PASSED UNANIMOUSLY. Mrs. Clark suggested that the Office of the Attorney General be informed of the Forum s support of this draft legislation. Mr. McCune asked for assurances that the Final Report would refer to the specific draft legislation currently available to the Forum. Forum President Hoggard noted that time constraints applied to the drafting of the final report, but staff was responsible for accurate documentation of the Forum s recommendations to the Governor and the Legislative Commission. Discussion ensued about using electronic mail to address concerns over documentation of this recommendation in the report. Recommendation No. 5 Guardianship Reform Ms. Dimmitt stated that Recommendation No. 5 offered two procedural options for the Forum s consideration: (1) to write a letter to the Legislature highlighting the need for reform of Nevada s guardianship statutes relating to adults; or (2) to recommend that a legislative concurrent resolution be drafted directing the Legislative Commission to appoint a subcommittee of legislators to study Nevada s system of guardianship for adults during the interim and make recommendations for changes in the system. She referred the Forum members to the Work Session Document (Exhibit C) for more information. Miss Cannestra expressed strong support for a resolution to prevent abuse of seniors and to raise the level of protection provided by the guardianship system. Forum Member Sydelle MacKay said she had worked for years with the public guardian s office and expressed the view that the public guardians are doing a good job. However, she supported studying the guardianship system to see how it might be 5

6 improved. Forum President Hoggard expressed agreement with Ms. MacKay. Mrs. Clark favored seeking a bill draft request, as well as inserting a statement concerning guardianship reform in the final report. Mr. Erickson concurred and suggested that the bill draft request be for a legislative concurrent resolution. He opined that the resolution should be generally worded and proposed the following language as one possible example of sufficient detail: The Legislative Commission is hereby directed to appoint a committee to study this issue. They may consult with experts and other affected parties during their deliberations and may appoint advisory committees if they wish. Mrs. Clark clarified that she was more concerned about the need to oversee individual guardians, compared to public guardians. ROBERT E. ERICKSON MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM INCLUDE A STATEMENT IN ITS FINAL REPORT CONCERNING GUARDIANSHIP REFORM AND RECOMMEND THAT A BILL DRAFT REQUEST FOR A LEGISLATIVE CONCURRENT RESOLUTION BE SUBMITTED TO PROVIDE FOR A LEGISLATIVE STUDY ON THE TOPIC. THE MOTION WAS SECONDED BY HERBERT W. PERRY AND PASSED UNANIMOUSLY. PUBLIC COMMENT Lesa Coder, Director, Clark County Redevelopment Agency, Office of the County Manager, stated that she and her colleague, Charles Pulsipher, AICP, Planning Manager and Zoning Administrator, Clark County Department of Comprehensive Planning, had participated in community-wide discussions of affordable housing, including mobile home park conversions, in Clark County. She indicated SHE AND Mr. Pulsipher were available to answer any questions the Forum members may have on these issues. Recommendation No. 6 Intergenerational Housing Ms. Dimmitt stated that Recommendation No. 6 arose from testimony by David Love, Coordinator, Grandparents Navigation Project. Mr. Love advocated funding intergenerational housing, such as GrandFamilies House in Boston, and paying more attention to the housing needs of grandparents raising grandchildren. Ms. Dimmitt referred the Forum members to the Work Session Document (Exhibit C) for more information. Mrs. Hart noted that Mr. Love s concerns included situations in which grandparents living in subsidized housing could be forced out of such housing if they became the caregiver of a grandchild. RUTH H. HART MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM WRITE A LETTER TO THE HOUSING DIVISION, NEVADA S 6

7 DEPARTMENT OF BUSINESS AND INDUSTRY, URGING THE DIVISION TO SEEK FUNDING FOR INTERGENERATIONAL HOUSING, SUCH AS GRANDFAMILIES HOUSE IN BOSTON, AND TO CONSIDER THE NEEDS OF GRANDPARENTS RAISING GRANDCHILDREN WHEN DEVELOPING AND ADMINISTERING HOUSING INITIATIVES. THE MOTION WAS SECONDED BY MIMI RODDEN. Discussion ensued on the type of action the Forum should take in support of the concept of intergenerational housing. The members reached a consensus that Mrs. Hart s motion would be withdrawn in favor of a modified motion. HARRIET TRUDELL MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM INCLUDE A STATEMENT IN ITS FINAL REPORT ADDRESSING THE IMPORTANCE OF SEEKING FUNDING FOR INTERGENERATIONAL HOUSING, SUCH AS GRANDFAMILIES HOUSE IN BOSTON, AND OF CONSIDERING THE NEEDS OF GRANDPARENTS RAISING GRANDCHILDREN WHEN DEVELOPING AND ADMINISTERING HOUSING INITIATIVES. THE MOTION WAS SECONDED BY EVELYN A. CANNESTRA AND PASSED UNANIMOUSLY. Recommendation No. 7 Mobile Home Parks Ms. Dimmitt said this recommendation presented two options for expressing support for maintaining the supply of affordable mobile home housing. Under the first option, the Forum would write letters to local jurisdictions urging actions to prevent adverse social, economic, and emotional consequences to tenants due to the sale or conversion of mobile home parks in Nevada. Under the second option, the Forum would recommend the drafting of legislation to strengthen tenant protections in Nevada Revised Statutes (NRS) Chapter 118 B. Ms. Dimmitt referred the Forum members to the Work Session Document (Exhibit C) for more information. HARRIET TRUDELL MOVED THAT THE OPTIONS DESCRIBED IN RECOMMENDATION NO. 7 BE APPROVED. THE MOTION WAS SECONDED BY EVELYN A. CANNESTRA. Mr. McCune said he supported the intent of Recommendation No. 7, but expressed doubt concerning the Forum s legal authority to write letters to local jurisdictions. Mr. Erickson suggested making statements in the final report, rather than writing letters. He noted that copies of the relevant section of the report could be provided to appropriate individuals. Mrs. Trudell and Miss Cannestra withdrew their previous motion. 7

8 HARRIET TRUDELL MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM INCLUDE A STATEMENT IN ITS FINAL REPORT CONCERNING THE NEED TO MAINTAIN THE SUPPLY OF MOBILE HOME HOUSING AND WILL RECOMMEND THAT A BILL DRAFT BE REQUESTED TO STRENGTHEN TENANT PROTECTIONS UNDER NEVADA REVISED STATUTES CHAPTER 118B. THE MOTION WAS SECONDED BY EVELYN A. CANNESTRA. Mrs. Clark summarized recent efforts in Clark County to reduce or delay closures of mobile home parks. She suggested amending NRS 118B.171 through 118B.178 to give mobile home tenants more time to move and to increase compensation for the loss of tenants older mobile homes. During subsequent discussion, Mrs. Clark indicated it was possible Clark County would request a bill to amend these state statutes in the 2007 Legislative Session and suggested the Forum support any such measure. Discussion ensued during which Mrs. Trudell and Miss Cannestra indicated they would defer to a motion to be offered by Mr. Erickson. ROBERT E. ERICKSON MADE A MOTION THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM INCLUDE IN ITS FINAL REPORT A STATEMENT SUPPORTING MAINTENANCE OF THE SUPPLY OF MOBILE HOME PARKS AND URGING ACTIONS BY STATE AND LOCAL GOVERNMENTS TO PREVENT ADVERSE SOCIAL, ECONOMIC, AND EMOTIONAL CONSEQUENCES TO TENANTS DUE TO THE SALE OR CONVERSION OF MOBILE HOME PARKS IN NEVADA. THE STATEMENT SHOULD INDICATE THE FORUM S SUPPORT OF LEGISLATION THAT MAY BE INTRODUCED IN THE 2007 SESSION OF THE NEVADA STATE LEGISLATURE FOR THE PURPOSE OF MEETING SUCH OBJECTIVES. THE MOTION WAS SECONDED BY RUTH H. HART. In response to a question by Mrs. Clark, Mr. Erickson clarified that his motion did not direct the Forum to make a separate recommendation for a bill draft request to amend NRS Chapter 118B. Rather, the motion provided for Forum support of legislation introduced at the request of another entity, such as Clark County. THE MOTION WAS PASSED UNANIMOUSLY. Recommendation No. 8 Other Affordable Housing Initiatives Ms. Dimmitt stated that Recommendation No. 8 offered Forum members an opportunity to consider supporting some or all of the recommendations adopted by the Legislative Commission s Subcommittee to Study the Availability and Inventory of Affordable Housing at its June 5, 2006, meeting. She referred the members to a 8

9 summary of the Subcommittee s recommendations provided under Tab E of the Work Session Document (Exhibit C). Mrs. Clark reported that she attended some of the Subcommittee s meetings and opined that some good ideas were discussed. She observed that even if the Forum decided to support the Subcommittee s recommendations, the Forum might want to suggest changes to various bills that may be introduced as a result of this study. HARRIET TRUDELL MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM SUPPORT THE RECOMMENDATIONS ADOPTED BY THE LEGISLATIVE COMMISSION S SUBCOMMITTEE TO STUDY THE AVAILABILITY AND INVENTORY OF AFFORDABLE HOUSING. THE MOTION WAS SECONDED BY LUCY PERES AND PASSED UNANIMOUSLY. Recommendation No. 9 Local Emergency Planning and Drills AND Recommendation No. 10 Mandatory Shelter-in-Place Drills Ms. Dimmitt noted that Recommendation No. 9 arose from the Forum s investigation of disaster and emergency preparedness for Nevada s nursing homes and long-term care facilities. Under this recommendation, the Forum would write letters to various agencies and associations urging that long-term care providers and their resources be taken into consideration when planning for emergencies and holding community drills. She referred the Forum members to the Work Session Document (Exhibit C) for more information. Mr. McCune reiterated his opposition to writing letters to agencies. Mrs. Trudell suggested that for this and all subsequent recommendations, wording directing the Forum to write letters should be changed to make a resolution to the Governor and the Legislative Commission. Ms. Dimmitt asked for a clarification of what the members meant by recommendation. There was consensus that this word referred to making a statement of recommendation in the Forum s final report. After discussion, a consensus was reached that this procedure would be followed for the remainder of the meeting. Forum President Hoggard determined that Recommendation No. 9 be considered together with Recommendation No. 10, which called for the Forum to urge the Department of Health and Human Services to develop regulations and, if necessary, seek legislation requiring long-term care facilities to conduct mandatory shelter-in-place drills. 9

10 ROBERT G. MC CUNE MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM INCLUDE STATEMENTS IN ITS FINAL REPORT ARTICULATING RECOMMENDATIONS NO. 9 AND NO. 10, IN LIEU OF WRITING LETTERS ON THESE TOPICS. THE MOTION WAS SECONDED BY HARRIET TRUDELL AND PASSED UNANIMOUSLY. Mr. Perry asked if the Forum needed to adopt a motion to implement blanket amendments to all remaining recommendations that mention the writing of letters. HARRIET TRUDELL MOVED THAT ANY SUBSEQUENT RECOMMENDATION CALLING FOR THE FORUM TO WRITE A LETTER BE AMENDED TO CALL INSTEAD FOR INCLUSION OF A STATEMENT OF RECOMMENDATION IN THE FORUM S FINAL REPORT THE MOTION WAS SECONDED BY HERBERT W. PERRY AND PASSED UNANIMOUSLY. Forum President Hoggard acknowledged Mr. Erickson s request to make an announcement. He stated that he recently received confirmation from the United States Internal Revenue Service that the Nevada delegation to the National Silver Haired Congress has been deemed a public charity under 501(c)(3) of the Internal Revenue Code, instead of a private foundation, and is exempt from federal taxation. Recommendation No. 11 Repeal of Rehabilitation Therapy Cap Ms. Dimmitt stated that Mrs. Clark proposed Recommendation No. 11, under which the Forum would support repeal of the rehabilitation therapy cap under Medicare. Ms. Dimmitt noted that one option proposed by this recommendation was writing a letter to the Nevada Congressional Delegation an action that would be substituted by a statement in the Forum s final report if adopted. A second option called for requesting a resolution from the Nevada Legislature to Congress and the President. She referred the Forum members to the Work Session Document (Exhibit C) for more information. THELMA CLARK MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM INCLUDE A RECOMMENDATION IN ITS FINAL REPORT THAT THE LEGISLATURE INTRODUCE A RESOLUTION TO THE CONGRESS AND THE PRESIDENT URGING REPEAL OF THE REHABILITATION THERAPY CAP UNDER MEDICARE. THE MOTION WAS SECONDED BY MIMI RODDEN AND PASSED UNANIMOUSLY. 10

11 Forum President Hoggard announced that Recommendation No. 12 and Recommendation No. 13, proposed by Lawrence J. Weiss, Ph.D., Director, Sanford Center for Aging, University of Nevada, Reno, both related to geriatrics, so they would be considered together. Recommendation No. 12 Continuing Education in Geriatrics AND Recommendation No. 13 Department of Geriatrics Ms. Dimmitt noted that Recommendation No. 12 and Recommendation No. 13 both called for the writing of letters and, if adopted, would be changed to refer to making recommendations in the Forum s final report. She stated that under Recommendation No. 12, the Forum would support requiring continuing education and training in geriatrics for all health care professionals practicing in Nevada. Under Recommendation No. 13, the Forum would recommend that appropriate committees of the Nevada Legislature conduct hearings on ways of alleviating a shortage of physicians qualified to practice in the field of geriatrics, including the establishment of a Department of Geriatrics and Interdisciplinary Health Sciences in the University of Nevada School of Medicine (UNSOM). She noted that the Forum members had not previously seen the information under Tab I of the Work Session Document (Exhibit C). LUCY PERES MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM APPROVE ACTIONS PROPOSED IN RECOMMENDATION NO. 12 AND RECOMMENDATION NO. 13, WITH THE PROVISO THAT THE FORUM WILL SUBSTITUTE STATEMENTS IN ITS FINAL REPORT FOR WRITING LETTERS. THE MOTION WAS SECONDED BY RUTH H. HART AND PASSED UNANIMOUSLY. Recommendation No. 14 Mental health Services for Persons with Dementia Ms. Dimmitt stated that Recommendation No. 14, was proposed by Sally C. Ramm, Elder Rights Attorney, Aging Services Division, Nevada s DHHS, and concerned Forum support for deleting the exclusion of people with Alzheimer s disease from NRS 433A.115 and other mental health statutes and for funding increases in treatment and care of persons with dementia and their caregivers. She referred the Forum members to the Work Session Document (Exhibit C) for more information. Discussion ensued about the possibility of the DHHS requesting a bill draft on this topic. 11

12 THELMA CLARK MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM INCLUDE A STATEMENT IN ITS FINAL REPORT RECOMMENDING SUPPORT OF LEGISLATION TO REMOVE THE EXCLUSION OF PERSONS WITH ALZHEIMER S DISEASE FROM NRS 433A.115 AND OTHER MENTAL HEALTH STATUTES AND FOR THE PROVISION OF FUNDING AND OTHER INCENTIVES TO INCREASE TREATMENT AND CARE OF PERSONS WITH DEMENTIA AND THEIR CAREGIVERS. THE MOTION WAS SECONDED BY EVELYN A. CANNESTRA AND PASSED UNANIMOUSLY. Recommendation No. 15 Access to Dental Services Ms. Dimmitt stated that Recommendation No. 15 was proposed by Mr. Love, previously identified, and by Forum President Hoggard. She noted the recommendation called for the Forum to include a statement in its final report supporting increased dental services for seniors and supporting efforts to expand Senior Rx to include dental care. She referred the Forum members to the Work Session Document (Exhibit C) for more information. THELMA CLARK MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM INCLUDE A STATEMENT IN ITS FINAL REPORT SUPPORTING INCREASED DENTAL CARE FOR SENIORS, INCLUDING THE EXPANSION OF THE NEVADA SENIOR Rx PROGRAM TO INCLUDE DENTAL CARE. THE MOTION WAS SECONDED BY EVELYN A. CANNESTRA AND PASSED UNANIMOUSLY. Recommendation No. 16 Strategic Plan Accountability Committee for Senior Services Forum President Hoggard stated that Recommendation No. 16 was proposed by the Strategic Plan Accountability Committee (SPAC) for Seniors. Ms. Dimmitt described this multi-part recommendation. If all items were approved as amended to delete references to the writing of letters, the Forum would include statements of support in its final report for the Money Follows the Person recommendations adopted by the SPAC for People with Disabilities; creation of a Committee for Seniors, Veterans, and Adults with Disabilities in the Nevada State Legislature; making funding for the Nevada program permanent; creating a Nevada Housing Registry; and providing resources to shift seniors from more restrictive settings to community based care. She referred the Forum members to the Work Session Document (Exhibit C) for more information. Mr. McCune expressed his respect for the SPAC for Seniors and for coordination of among the different entities dealing with the problems of senior citizens in Nevada. He 12

13 opined, however, that it was important for the Forum to maintain some individuality as to its role in comparison to the roles of other organizations. He expressed concern about how endorsing other organizations activities might negatively influence perceptions of the Forum s effectiveness. Mrs. Trudell disagreed, opining that the more the Forum and other organizations get involved with and support each other, the more effective they will be. Further discussion ensued concerning the role of the Forum and the potential results of endorsing recommendations developed by other organizations. LUCY PERES MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM INDICATE SUPPORT IN ITS FINAL REPORT FOR THE RECOMMENDATIONS OF THE STRATEGIC PLAN ACCOUNTABILITY COMMITTEE, AS ENUMERATED IN RECOMMENDATION NO.16. THE MOTION WAS SECONDED BY THELMA CLARK AND PASSED BY A VOTE OF 12 TO 4. VOTING AGAINST THE MOTION WERE EVELYN A. CANNESTRA, ROBERT G. MC CUNE, HERBERT E. RANDALL, AND RONALD E. STOLLER. SYDELLE MAC KAY WAS EXCUSED, HAVING LEFT TO CHAIR ANOTHER MEETING. Recommendation No. 17 Nevada Prescription Drug Makers Summit Ms. Dimmitt noted that this recommendation, if adopted, also would be amended to call for a statement in the final report, rather than the writing of letters. Ms. Dimmitt said the recommendation was submitted for the Forum s consideration by Barry Gold, Advocacy Director, American Association of Retired Persons, Nevada, and included several proposals arising from the Nevada Prescription Drug Policy Makers Summit held on September 22, She referred the Forum members to the Work Session Document (Exhibit C) for more information. LUCY PERES MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM ADOPT RECOMMENDATION NO. 17, AS AMENDED TO CALL FOR A STATEMENT IN THE FORUM S REPORT. THE MOTION WAS SECONDED BY RUTH H. HART AND PASSED UNANIMOUSLY. Recommendation No. 18 National Silver Haired Congress and 2005 White House Conference on Aging AND Recommendation No. 19 Nevada Delegation to the National Silver Haired Congress 13

14 Ms. Dimmitt stated that Recommendation No. 18 concerned Forum support of the top five resolutions of the National Silver Haired Congress, one of which urged appropriate federal action concerning recommendations of the White House Conference on Aging. She indicated that possible Forum actions included making a statement of support in its final report or recommending that the Legislature draft a resolution urging the Nevada Congressional Delegation to support implementation of the relevant recommendations. She referred the Forum members to the Work Session Document (Exhibit C) for more information. Mrs. Clark suggested the Forum consider Recommendation No. 18 together with Recommendation No. 19, concerning Forum support for four resolutions authored by the Nevada Delegation to the National Silver Haired Congress. In response to a question from Mrs. Clark, Mr. Erickson opined that while it was important to go on record in support of these concepts, he was not sure it was necessary to ask the Legislature to draft resolutions to Congress, which already had received the recommendations from the sponsoring organizations. He suggested once the final report is available, someone in the Forum should ensure that each member of the Nevada Congressional Delegation knows of the Forum s support of these issues. LUCY PERES MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM SUPPORT IMPLEMENTATION OF THE RESOLUTIONS AND RECOMMENDATIONS ENUMERATED IN RECOMMENDATION NO. 18 AND RECOMMENDATION NO. 19 BY INCLUDING STATEMENTS IN THE FINAL REPORT. THE MOTION WAS SECONDED BY EVELYN A. CANNESTRA AND PASSED BY A VOTE OF 15 TO 1, WITH ROBERT MC CUNE VOTING AGAINST THE MOTION. NOMINATION AND ELECTION OF OFFICERS Forum member Mary D. Roberts nominated Lucy Peres for the office of Forum President. Mrs. Trudell seconded the nomination. Mr. Erickson expressed enthusiasm for Mrs. Peres nomination, but asked if the Forum s governing statutes authorize electing an ex-officio member to the office of President. Mr. McCune quoted NRS 427A.350, which states, Any ex-officio member of the Nevada Silver Haired Legislative Forum has the same rights and responsibilities as the members who are appointed. ROBERT E. ERICKSON MOVED THAT NOMINATIONS BE CLOSED AND LUCY PERES BE ELECTED TO THE OFFICE OF PRESIDENT OF THE 14

15 NEVADA SILVER HAIRED LEGISLATIVE FORUM. THE MOTION WAS SECONDED BY ROBERT MC CUNE AND PASSED UNANIMOUSLY. Mr. McCune nominated Herbert E. Randall for the office of Forum Vice President. Miss Cannestra seconded the nomination. FORUM PRESIDENT HOGGARD CALLED THREE TIMES FOR ADDITIONAL NOMINATIONS. HEARING NONE, SHE DECLARED HERBERT E. RANDALL ELECTED TO THE OFFICE OF VICE PRESIDENT OF THE NEVADA SILVER HAIRED LEGISLATIVE FORUM BY ACCLAMATION. Mrs. Peres nominated Mrs. Trudell for another term as Forum Secretary. The nomination was seconded by Mr. McCune. FORUM PRESIDENT VERLIA DAVIS HOGGARD CALLED THREE TIMES FOR ADDITIONAL NOMINATIONS. HEARING NONE, SHE DECLARED HARRIET TRUDELL REELECTED TO THE OFFICE OF SECRETARY OF THE NEVADA SILVER HAIRED LEGISLATIVE FORUM BY ACCLAMATION. Mrs. Trudell nominated Robert E. Erickson for another term as Forum Treasurer. The nomination was seconded by Robert McCune. FORUM PRESIDENT VERLIA DAVIS HOGGARD CALLED THREE TIMES FOR ADDITIONAL NOMINATIONS. HEARING NONE, SHE DECLARED ROBERT E. ERICKSON REELECTED TO THE OFFICE OF TREASURER OF THE NEVADA SILVER HAIRED LEGISLATIVE FORUM BY ACCLAMATION. SCHEDULING OF NEXT MEETING The members discussed various days of the week that might be convenient for meetings and settled upon the third Tuesday of the month. Additional discussion ensued concerning the frequency of meetings and potential conflicts with election days and other hearings that may affect availability of staff and rooms. ALICE ADAMS MOVED THAT THE NEVADA SILVER HAIRED LEGISLATIVE FORUM MEET ON THE THIRD TUESDAY OF EVERY OTHER MONTH UNLESS THERE IS A CALL OF THE PRESIDENT FOR A MEETING ON ANOTHER DAY, BEGINNING WITH THE NEXT MEETING, WHICH SHALL BE 15

16 AT THE CALL OF THE PRESIDENT. THE MOTION WAS SECONDED BY THELMA CLARK AND APPROVED UNANIMOUSLY. Mr. McCune stated that NRS 427A.390 requires the Forum to submit a report before September 1, 2006, to the Governor and the Legislative Commission containing recommendations for legislative action. He opined that some matters discussed during the meeting did not involve legislative action. ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 1:12 p.m. Respectfully submitted, Harriet Trudell, Secretary Nevada Silver Haired Legislative Forum Barbara S. Dimmitt Senior Research Analyst APPROVED BY: Lucy Peres, President Nevada Silver Haired Legislative Forum Date: 16

17 LIST OF EXHIBITS Exhibit A is the Meeting Notice and Agenda provided by Barbara S. Dimmitt, Senior Research Analyst, Research Division, Legislative Counsel Bureau (LCB). Exhibit B is the Treasurer s Report for the Nevada Silver Haired Legislative Forum dated June 15, 2006, provided by Robert E. Erickson, Treasurer, Nevada Silver Haired Legislative Forum. Exhibit C is the Work Session Document provided by Barbara S. Dimmitt, Senior Research Analyst, Research Division, LCB, which contains a summary of each recommendation and a tabbed section offering additional information. Exhibit D is a document containing information on a proposal to repeal the premium tax on non-qualified annuities for seniors 60 years of age or over, provided by Ronald Stoller, Member, Nevada Silver Haired Legislative Forum. This set of Summary Minutes and Action Report is supplied as an informational service. Exhibits in electronic format may not be complete. Copies of the complete exhibits, other materials distributed at the meeting, and the audio record are on file in the Research Library of the Legislative Counsel Bureau, Carson City, Nevada. You may contact the Library online at or telephone: 775/