Floor Number: 601

ROSENBERG-JOB OPPORTUNITY BUSINESS SERVICES FUND

Mr. Rosenberg moves to amend the bill, by inserting a new Section:-

Section XXX. There is hereby established on the books of the commonwealth a separate fund to be known as the Job Opportunity Business Services Fund, for the purpose of funding improvements to the state labor force management system, including but not limited to re-employment services, support and administration of National Emergency Grants for plant closings and layoffs, rapid response services for workers displaced by plant closings and layoffs, operational and technical support and improvement of the One Stop Career Centers, technical assistance and professional development for One Stop Career Center staff and administration of career ladder initiatives in the health care industry; provided further, that notwithstanding any general or special law to the contrary, effective July 1, 2002, the comptroller shall transfer $10,526,270 from the federally funded grant entitled Reed Act- State Unemployment Trust Fund Distribution to the Job Opportunity Business Services Fund; provided further, that the same amount shall be transferred in the same manner on July 1, of each of the next three fiscal years.

Floor Number: 602

SPECIAL COMMISSION OF THE COMMONWEALTH ON THE TRIAL COURTS

Mr. Creedon moves to amend the bill after section 83 by adding the following new section:

SECTION ____ A Special Commission of the Commonwealth on the Trial Courts shall be created to study the administrative organization and structure of the judiciary. The commission shall investigate and make recommendations to the legislature and courts on any aspect of the management and administration of the trial courts and matters that will bring improvement of highest quality of justice to the Commonwealth and its citizens. The Commission shall report its findings and recommendations within one year from the date it is formed.

The Study Commission membership shall be selected in the following manner 3 members appointed by the Governor, one of whom shall be from the Massachusetts Bar Association, 3 members appointed by the Senate President one of whom shall be from academia, 3 members appointed by the Speaker of the House, one of whom shall be from private business and one member shall be the Chief Justice of the Supreme Judicial Court or her designee, one member shall be the Chief Justice for Administration and Management or her designee, 2 members shall be appointed by the Supreme Judicial Court, one of whom shall be from the Massachusetts

Floor Number: 603

AN AMENDMENT RELATIVE TO STANDARDIZED MEDICAL CLAIMS FORMS

Mr. Tarr, Mr. O’Leary, Mr. Lees, Mr. Knapik, Mr. Joyce, Mr. Tisei, Ms. Sprague and Mr. Hedlund move to amend the bill (Senate Bill 2300) by adding, at the end thereof, the following new section: -

SECTION___. The Commissioner of the Division of Insurance is hereby authorized and directed in consultation with the Commissioner of the Department of Public Health, the Secretary of Health and Human Services, the Commissioner of the Department of Medical Security, the Commissioner of the Department of Consumer Affairs and Business Regulation and the Secretary of Administration and Finance, a system of uniform and standardized billing and payment to be utilized by every medical provider, hospital, insurer, health maintenance organization and any other entity making payment of any type for health care goods or services of any type in the Commonwealth.

(1) Not later than sixty days following the passage of this act, said commissioner shall convene a planning group to assist in the development of said uniform payment system, hereinafter referred to as “UPS.” Said planning group shall be comprised of those individuals listed in Section 1 of this Act or their designee, together with the following: Three representatives of the Massachusetts Hospital Association, one of which shall represent a community hospital, one representative of a Health Maintenance Organization doing business in the Commonwealth, one of which shall represent a commercial insurer doing business in the Commonwealth, one representative of the Commonwealth’s insurer of last resort, one representative of a preferred provider organization doing business in the Commonwealth, one representative of the Massachusetts Nurses Association, three representatives of the Massachusetts Medical Society, three members of the Senate, at least one of whom shall represent the minority party, and three members of the House of Representatives, at least one of whom shall represent the minority party. Said planning group shall, in the discretion of the Commissioner, assist in the development and implementation of a UPS having the characteristics prescribed by Subsection 2 of this section.

(2) The UPS developed pursuant to this act shall employ a single, standardized format for the making and payment of claims between any provider and any payer of health care goods and services rendered to any citizen of the commonwealth. Said system shall include, but not be limited to, a universal format for the identification by code of particular conditions, treatments and goods, which format shall be maintained by any entity, including Medicaid, which delivers a contract for the payment of health care costs in the commonwealth. Said format shall be designed so as to be usable in electronic or printed media, shall be simplified and straightforward, shall be expendable to cover future health care developments, shall be modifiable to adapt to any changing circumstances, shall facilitate the timely making, processing, and payment of claims, and shall be commercially practicable.

(3) Said UPS shall provide for the prompt notification of a claimant by a payer that a claim has been received, and that the information necessary to process the claim is either complete or incomplete.

(a) In the event that the claim is incomplete, then such notification shall include any and all remaining information necessary to the payment of the claim. Such information shall, in turn, be provided on a supplementary claim form which shall bear its date of submission, which shall not be later than thirty days after the original notification of the receipt of the claim. Payment shall be issued by the payer not later than forty-five days following the receipt of the supplementary claim form.

(b) In the event that all claim information is complete, then payment shall be issued within forty-five days.

(c) The planning group prescribed in subsection (1) shall be authorized to develop the specific details of this notification process, including any appeals and further allowances for defective claim information.

(4) Said UPS shall be developed in a state suitable for implementation and reported to the Clerks of the House and Senate and to the Governor of the Commonwealth not later than eighteen months following the passage of this act. Following said reporting, the General Court shall have ninety days to make recommendations to the Commissioner, or take legislative action to delay implementation of said UPS.

(5) Not later than twenty-four months following the passage of this act, the Commissioner shall implement the UPS developed pursuant to the provisions herein, unless otherwise directed by the General Court.

(6) The Commission shall maintain the planning group prescribed by subsection 1 for the purposes of monitoring the implementation of the UPS developed herein making recommendations to the commissioner for any necessary changes to enhance or maintain the effectiveness of the UPS, and to assist in the issuance of reports relative to the UPS prescribed by subsection 6 of this section.

(7) The Commissioner shall, for the three year period commencing upon the implementation of the UPS, issue quarterly reports relative to the operating effectiveness of the UPS, which shall include, but not be limited to:

1. The costs of implementation and operation of the system, both to the private and public sectors.

2. Problems or difficulties encountered in implementing or operating the system.

3. Public comment received relative to the system, either in actual or summary format.

4. Average time periods for the making and payment of claims under the UPS.

5. Any legislative recommendations.

Said reports shall be delivered to the Clerks of the House and Senate and the Governor of the Commonwealth.

(8) Any insurer licensed by the Division of Insurance, or any health care provider practicing in the Commonwealth may, in a written form approved and promulgated by the Commissioner, petition for a change in the UPS, which shall be considered in a timely fashion by the Commissioner.

Said Commissioner shall conduct a public hearing to receive public comment, in person and in writing, within ninety days of receiving said petition, and shall issue a ruling on the proposed change within thirty days of the conclusion of said hearing. The Commissioner may, within his or her discretion, consolidate said hearings for the purpose of promoting efficiency. Any changes so approved shall be implemented in the next semi-annual modification period following the ruling.

(9) The Commissioner shall establish two semi-annual modification dates whereby any changes to the UPS shall be implemented. The Commissioner is hereby authorized to develop regulations pursuant to this act to ensure that adequate notice is given of any such changes, and that prompt compliance is accomplished with regard to such changes.

Floor Number: 604

Mr. Hart of Boston moves that Senate No. 2300 be amended by adding the following new section at the end thereof:

HART - UMASS

Section _____. Section 39 of Chapter 55 of the Acts of 1999 is amended by adding after the third paragraph the following new paragraph:

“Notwithstanding the provisions of any special or general law to the contrary, the University of Massachusetts is authorized and directed to cease with the conveyance of the parcel conveyed in this section for use as a permanent transfer station or for any other purpose; provided, that the university and the Boston Water and Sewer Commission shall determine other forms of compensation for said taking other than the conveyance of any parcels of land on said campus; provided further, that the university and the Boston Water and Sewer Commission shall conduct a study of other sites for said permanent transfer station elsewhere in the City of Boston but said study shall not consider parcels on the campus of the University of Massachusetts at Boston or on any properties adjacent thereto or on the Harbor Point peninsula, so-called.”

Floor Number: 605

HART – ENVIRONMENTAL POLICY OFFICE

Mr. Hart of Boston moves that Senate No. 2300 be amended by adding the following new section at the end thereof:

Section _____. Section 39 of Chapter 55 of the Acts of 1999 is amended by adding after the third paragraph the following new paragraph:

“Notwithstanding the provisions of any special or general law to the contrary, the Massachusetts Environmental Policy Act Office or any offices within the Executive Office of Environmental Affairs and any other state, municipal or local agency or department having jurisdiction of such matters, is authorized and directed to cease and desist with the permitting and approval process for the parcel conveyed under this section for use as a permanent transfer station or for any other purpose; provided, that the university and the Boston Water and Sewer Commission shall determine other forms of compensation for said taking other than the conveyance of any parcels of land on said campus; and provided further, that the university and the Boston Water and Sewer Commission shall conduct a study of other sites for said permanent transfer station elsewhere in the City of Boston but said study shall not consider parcels on the campus of the University of Massachusetts at Boston or on any properties adjacent thereto or on the Harbor Point peninsula, so-called.”

Floor Number: 606

THE ESTABLISHMENT OF AN ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS REGARDING THE FINANCIAL OBLIGATIONS OF THE TURNPIKE AUTHORITY AND THE CENTRAL ARTERY PROJECT

Mr. Magnani moves to amend the bill by inserting, after Section ____, the following new Section:-

“SECTION 1. There is hereby established an advisory committee consisting of six persons to be appointed by the Governor, four persons appointed by the president of the senate (with at least one such person to be a member of the minority party), four persons appointed by the speaker of the house of representatives (with at least one such person to be a member of the minority party), and one person appointed by the chief executive officer of the Massachusetts Turnpike Authority, for the purpose of studying and making recommendations relative to financing the obligations of the Massachusetts Turnpike Authority and the Central Artery Project.

SECTION 2. Such study shall examine the equity of the present funding structure with regard to financing the obligations of the Massachusetts Turnpike Authority and the Central Artery Project and shall include, among other things, an examination of the following: (1) the fairness of the proposed toll structure for private passenger vehicles using interstate highway route 90 relative to private passenger vehicles using the other highways of the commonwealth and to benefit from the intended use of the Central Artery Project ; (2) the effect and practicality of instituting tolls on the commonwealth’s border with neighboring states, including on the commonwealth’s border with the state of New Hampshire on interstate highway routes 93 and 95 and state highway route 3; (3) the effect of providing for a more uniform and consistent toll structure on highways throughout the commonwealth, including the effect of instituting tolls on that portion of the Metropolitan Highway System, as defined in Chapter 81A of the General Laws, presently consisting of interstate highway route 93; (4) the effect of re-instituting tolls on the Boston Extension at the interchange of interstate highway route 90 and state highway route 16 and on the Turnpike from exit 1, so-called, at the commonwealth’s border with the state of New York to and excluding exit 6, so-called, at the interchange of interstate highway route 90 and interstate highway route 291; (5) the effect of modifying toll discounts or free travel on the Turnpike or the Metropolitan Highway System, including consideration of frequent user and commuter discounts; (6) the effect of limiting or eliminating contributions by the Massachusetts Turnpike Authority to the Surface Artery, so-called; (7) the effect of excluding from the Metropolitan Highway System that portion constituting a section of interstate highway route 93; (8) the effect of transferring to the highway department such portion of the Turnpike extending from the commonwealth’s border with the state of New York to but excluding exit 6, so-called, at the interchange of interstate highway route 90 and interstate highway route 291; (9) the effect of redefining the Metropolitan Highway System to include such portion of the Turnpike extending from the interchange of interstate highway route 90 to and excluding the interchange of interstate highway route 90 and interstate highway route 495; (10) funding sources for the highway department to meet the expenses of operating such portion of interstate highway route 93 and other highway transferred to the highway department from the Massachusetts Turnpike Authority; (11) the effect of providing a tax credit to Massachusetts residents purchasing transponders for use on the Turnpike or the Metropolitan Highway System; (12) the effect of permitting Turnpike revenues in excess of those needed to pay operating expenses and debt service on bonds supported by Turnpike revenues available to be pledged and pay debt service on bonds issued for the Metropolitan Highway System; (13) the elimination of the Local Tourism Grant Program of the Massachusetts Turnpike Authority; (14) the effect of limiting certain liabilities of the Massachusetts Turnpike Authority, including the extent to which the provisions of chapter 258 of the General Laws should also be applicable to the Massachusetts Turnpike Authority; and (15) further cost savings that might be realized by the Massachusetts Turnpike Authority.

SECTION 3. No member of said advisory committee shall receive any compensation for his or her services, nor shall any member of said advisory committee be reimbursed for any travel expenses or actual expenses incurred in carrying out his or her duties as a member of said advisory committee.

SECTION 4. Said advisory committee shall report to the joint committee on transportation of the general court the results of its study, together with its recommendations and drafts of any legislation necessary to carry said recommendations into effect, not later than March 31, 2003.”

Floor Number: 607

HART - COMPENSATION

Mr. Hart of Boston moves that Senate No. 2300 be amended by adding the following new section at the end thereof:

Section ______. Section 39 of Chapter 55 of the Acts of 1999 is amended by striking the second, third and fourth paragraphs of said section and inserting in place thereof the following paragraphs:

“The compensation for this taking shall be the fair cash value of Parcel One as determined by an independent appraisal; provided that, consideration for the taking shall include $1,000,000 in scholarships, including fee and tuition waivers, for residents of the City of Boston, to attend the University of Massachusetts at Boston and other consideration offered to satisfy the fair cash value of Parcel One as agreed to by the parties; provided, that such consideration shall not include the conveyance, lease or transfer of any nature or kind of any parcels of land on the campus of the University of Massachusetts at Boston; provided further, that the university and the Boston Water and Sewer Commission shall conduct a study of other sites for a permanent transfer station elsewhere in the City of Boston but not on the campus of the University of Massachusetts at Boston or on any properties adjacent thereto or on the Harbor Point Peninsula, so-called. The eligibility criteria for the scholarships authorized herein shall be determined in accordance with said memorandum. The scholarships shall be in addition to any other scholarships available to residents of the City of Boston and shall be administered directly by the university, notwithstanding the provisions of any other special or general law to the contary.”

Floor Number: 608

AN AMENDMENT RELATIVE TO EDUCATION EQUITY

Mr. Tarr moves to amend the bill (Senate bill 2300) by adding, at the end thereof, the following new section: -

SECTION___. The Department of Education and the Secretary of Administration and Finance, in consultation with the Joint Committee on Education, Arts and Humanities, is hereby authorized and directed to study and investigate inequities in the methodology by which educational aid is distributed to cities and towns pursuant to Chapter 70 of the General Laws.

Said study shall include, but not be limited to, an examination if communities receiving less than forty percent of their net school spending for the Commonwealth and potential methodologies for equitably increasing aid to those communities.

Said Department shall report the findings of its study, together with any legislative recommendations, not later than 1 year following the passage of this act.

Floor Number: 609

AN AMENDMENT RELATIVE TO HEALTH CARE INSTITUTIONS

Mr. Tarr moves to amend the bill (Senate bill 2300) by adding, at the end thereof, the following new section: -

SECTION__. The Division of Medical Assistance is hereby authorized and directed to undertake a pilot program to examine the feasibility of assisting health care institutions with technological improvements to facilitate the timely and cost-effective compliance with any and all requirements far reporting and documentation. Said program shall include not less than five facilities of varying size and geographic location and shall extend for a period of not longer than twelve months, and shall employ commercially available technology.

Floor Number: 610

SNOW PLOWING EQUIPMENT

Mr. Panagiotakos moves to amend the bill by inserting, after Section 84, the following new Section:-

“SECTION____. Massachusetts General Law chapter 90, as most recently amended

by chapter 334 of the Acts of 1994, is hereby further amended by adding after section 19J the following:-

Section 19K. For the purposes of this section only, the term “hitching mechanism” shall be defined as the lift cylinder and the lift arm. Nothing in the section shall apply to state, county,

or municipally owned or operated vehicles. Between May 15 and October 15 of each year, any vehicle motor with a gross weight of less than 26,000 pounds which is equipped with a

plow shall be required to have removed the plow and hitching mechanism used with said plow. Vehicles equipped with an apparatus that allows the hitching mechanism to be folded flat

leaving no protruding surfaces, shall only be required to have the plow itself removed, provided that said hitching mechanism is in the folded flat position while the vehicle is in operation.

If snowfall occurs prior to October 25 or after May 15 vehicles subject to this act may be re-equipped with the plow and any apparatus necessary for clearing snow. Said vehicles will

be required to abide by the provisions of this section within seventy-tow hours of the conclusion of said snowfall. Any individual found operating a motor vehicle in violation of this section

shall be issued a warning for the first offense, shall be fined two hundred fifty dollars for the second offense and five hundred dollars and revocation of the vehicle’s registration for the third

offense. The revocation of a vehicle’s registration due to a third offense shall remain in effect until such time as said vehicle is in compliance with this section. The provisions of this section

shall not apply to hitching mechanisms which are permanently affixed through welding or other means, prior to the effective date of this section. However, it shall be unlawful, and

punishable by the same fines and revocations aforementioned, for any person to permanently affix through welding or other means a hitching mechanism governed under this section after

the effective date of this section.

The Registry of Motor Vehicles shall, within 180 calendar days of the passage of this act, develop a list of makes and models of hitching mechanisms that fold flat leaving no protruding

surfaces; provided further that the Registry of Motor Vehicles shall promulgate and implement regulations governing a system of verification whereby the Registry of Motor Vehicles can

ensure a motor vehicle’s compliance with this act following a third offense.”

Floor Number: 611

GROTON/PEPPERELL SEWER EASEMENT

Mr. Panagiotakos of Lowell moves to amend the bill by inserting, after Section 84, the following new Section:-

“SECTION ____. SECTION 1. Chapter one hundred and fifty-four of the acts of nineteen hundred and ninety-two is hereby repealed.

SECTION 2. The commissioner of capital asset management and maintenance is hereby authorized, subject to the provisions of sections 40E to 40J, inclusive, of chapter seven of the General Laws, to sell and convey by deed approved as to form by the attorney general, certain permanent sewer easements, or any interest therein, located in the towns of Groton and Pepperell, to the town of Groton subject to the requirements of sections two, three, and four and to such terms and conditions as the commissioner may prescribe in consultation with the department of environmental management, said property being two easements, described as Easement I and Easement II, be located within the boundaries of two sections of an abandoned railroad right of way, formerly known as the Hollis Branch of the Boston and Maine Railroad.
EASEMENT I is shown on a plan entitled: “Proposed Sewer Easement I in Groton, Mass. on land owned by the Commonwealth of Massachusetts — Department of Environmental Management,” dated June 29, 1998, prepared for the Town of Groton by Whitman and Bingham Associates, Leominster, MA.
EASEMENT II is shown on a plan entitled: “Proposed Sewer Easement II in Groton & Pepperell, Mass. on land owned by the Commonwealth of Massachusetts — Department of Environmental Management,” dated June 30, 1998; prepared for the Town of Groton by Whitman and Bingham Associates, Leominster, MA. Said plans are on file in the office of the town clerk of the Town of Groton.

Floor Number: 612

ELDERLY HOUSING STUDY COMMISSION

Mr. Panagiotakos of Lowell moves to amend the bill by inserting, after Section 84, the following new Section:-

“SECTION ____. Whereas the 2000 U.S. census figures and other demographic data indicate that the elderly population in the commonwealth is estimated to increase by 500,000 by the year 2020 and whereas the elderly represent the fastest growing homeless population in Massachusetts and whereas the current supply of elderly public housing and affordable housing as defined by the United States Department of Housing and Urban Development is not sufficient to meet said demand, there is hereby established a special commission charged with determining: The number of public housing and affordable units that need to be constructed in each region of the commonwealth by 2020 to meet said demand; an estimate of the total cost of meeting said demand; an estimate of total costs to the commonwealth to meet said demand;

The duties of the commission shall also include: identification of existing programs that can be used to facilitate state funding for said housing; recommendations for new state programs if existing programs are not sufficient to meet demand; recommendations on how the commonwealth can meet best meet the estimated state costs. Said commission shall be comprised of three members of the Senate, to be appointed by the Senate President, one of whom shall be the Senate Co-chairman of the Housing and Urban Development Committee and one of whom shall be a member of the minority party; three members of the House, to be appointed by the Speaker of the House, one of whom shall be the Co-Chair of the Housing and Urban Development Committee and one of whom shall be a member of the minority party; and 9 members, appointed by the Governor, one of whom shall be the director of the Massachusetts Department of Housing and Community Development or his/her designee; one of whom shall be the Secretary of Elder Affairs or his/her designee; one of whom shall be a representative from MA NAHRO; one of whom shall be a representative from the MA Association of Regional Planning Councils; one of whom shall be the Executive Director of the Massachusetts Housing Finance Agency or his/her designee; one of whom shall be a representative from the Home Builders Association of Massachusetts, Inc.; one of whom shall be the Director of the Massachusetts Institute for Social and Economic Research or his/her designee; one of whom shall be the Executive Director of Elder Services of the Merrimack Valley or his/her designee; one of whom shall be the executive director of the Committee to End Elder homelessness; and one of whom shall be the Executive Director of the Massachusetts Housing and Shelter Alliance. The commission shall be co-chaired by the Senate and House Co-chairs of the legislature’s Joint Committee on Housing and Urban Development.

Said commission shall file a report of its findings and recommendations with the House and Senate Committees on Ways and Means and the Executive Office of Administration and Finance no later than July 1, 2003.”