2020 -- H 7394 | |
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LC003692 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - INTERSTATE COMPACT TO | |
AWARD PRIZES FOR CURING DISEASES | |
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Introduced By: Representatives Shekarchi, Phillips, Kennedy, McNamara, and Bennett | |
Date Introduced: January 31, 2020 | |
Referred To: House Health, Education & Welfare | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 32.1 |
4 | INTERSTATE COMPACT TO AWARD PRIZES FOR CURING DISEASES |
5 | 42-32.1-1. Enactment of compact. |
6 | The Solemn Covenant of the States to Award Prizes for Curing Diseases Interstate |
7 | Compact is hereby enacted and entered into with all other jurisdictions that legally join in the |
8 | compact, which is, in form, substantially as follows: |
9 | Article I |
10 | Definitions. |
11 | For purposes of this compact: |
12 | (1) "Compacting state" means either of the following: |
13 | (i) Any state that has enacted the compact and which has not withdrawn or been |
14 | suspended pursuant to Article XIV of the compact; or |
15 | (ii) The federal government in accordance with the commission's bylaws; |
16 | (2) "Compact" means the Solemn Covenant of the States to Award Prizes for Curing |
17 | Diseases enacted in this section; |
18 | (3) "Non-compacting state" means any state or the federal government, if it is not at the |
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1 | time a compacting state; |
2 | (4) "Public health expenses" means the amount of all costs paid by taxpayers in a |
3 | specified geographic area relating to a particular disease; and |
4 | (5) "State" means any state, district, or territory of the United States of America. |
5 | Article II |
6 | Establishment of the Commission Membership. |
7 | (a) Upon the enactment of the compact by six (6) states, the compacting states shall |
8 | establish the Solemn Covenant of States Commission. |
9 | (b) The commission is a body corporate and politic and an instrumentality of each of the |
10 | compacting states and is solely responsible for its liabilities, except as otherwise specifically |
11 | provided in the compact. |
12 | (c) Each compacting state shall be represented by one member as selected by the |
13 | compacting state. Each compacting state shall determine its member's qualifications and period of |
14 | service and shall be responsible for any action to remove or suspend its member or to fill the |
15 | member's position if it becomes vacant. Nothing in the compact shall be construed to affect a |
16 | compacting state's authority regarding the qualification, selection, or service of its own member. |
17 | Article III |
18 | Powers of the Commission. |
19 | The commission shall have the following powers: |
20 | (1) To adopt bylaws and rules pursuant to Articles V and VI of the compact, which shall |
21 | have the force and effect of law and shall be binding in the compacting states to the extent and in |
22 | the manner provided in the compact; |
23 | (2) To receive and review in an expeditious manner treatments and therapeutic protocols |
24 | for the cure of disease submitted to the commission and to award prizes for submissions that meet |
25 | the commission's standards for a successful cure treatment or therapeutic protocol; |
26 | (3) To make widely available a cure treatment or therapeutic protocol upon a prize |
27 | winner claiming a prize and transferring any intellectual property necessary for the manufacture |
28 | and distribution of the cure in accordance with section (c)(7)(i) of Article VI, including by |
29 | arranging or contracting for the manufacturing, production, or provision of any drug, serum, or |
30 | other substance, device, or process, provided that the commission does not market the cure or |
31 | conduct any other activity regarding the cure not specifically authorized in the compact; |
32 | (4) To establish a selling price for the cure, which shall be not more than the expenses for |
33 | the cure's manufacturing, distribution, licensing, and any other necessary governmental |
34 | requirements for compacting states, or those expenses plus any royalty fees, for noncompacting |
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1 | states; the price shall not include the expenses of any other activities; |
2 | (5) In non-compacting states and foreign countries, to establish and collect royalty fees |
3 | imposed on manufacturers, producers, and providers of any drug, serum, or other substance, |
4 | device, or process used for a cure treatment or therapeutic protocol, for which a prize is awarded; |
5 | royalty fees may be added to the sales price of the cure pursuant to section (4) of this Article; |
6 | provided that the royalty fees shall cumulatively be not more than the estimated five (5) year |
7 | savings in public health expenses for that state or country, as calculated by actuaries employed or |
8 | contracted by the commission; |
9 | (6) To do the following regarding the collected royalty fees: |
10 | (i) Pay or reimburse expenses related to the payment of a prize, which shall include |
11 | employing or contracting actuaries to calculate annual taxpayer savings amounts in compacting |
12 | states in accordance with section (c)(7)(iii) of Article VI, and payment of interest and other |
13 | expenses related to a loan obtained in accordance with section (c)(7)(vi) of Article VI; and |
14 | (ii) Annually disburse any amounts remaining after making payments or reimbursements |
15 | under section (6)(i) of this Article as refunds to compacting states based on the percentage of the |
16 | state's prize obligation in relation to the total obligation amount of all compacting states; |
17 | (7) To bring and prosecute legal proceedings or actions in its name as the commission; |
18 | (8) To issue subpoenas requiring the attendance and testimony of witnesses and the |
19 | production of evidence; |
20 | (9) To establish and maintain offices; |
21 | (10) To borrow, accept, or contract for personnel services, including personnel services |
22 | from employees of a compacting state; |
23 | (11) To hire employees, professionals, or specialists, and elect or appoint officers, and to |
24 | fix their compensation, define their duties and give them appropriate authority to carry out the |
25 | purposes of the compact, and determine their qualifications; and to establish the commission's |
26 | personnel policies and programs relating to, among other things, conflicts of interest, rates of |
27 | compensation, and qualifications of personnel; |
28 | (12) To accept any and all appropriate donations and grants of money, equipment, |
29 | supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at |
30 | all times the commission shall strive to avoid any appearance of impropriety; |
31 | (13) To lease, purchase, or accept appropriate gifts or donations of, or otherwise to own, |
32 | hold, improve, or use, any property, real, personal, or mixed; provided, that at all times the |
33 | commission shall strive to avoid any appearance of impropriety; |
34 | (14) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of |
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1 | any property, real, personal, or mixed; |
2 | (15) To monitor compacting states for compliance with the commission's bylaws and |
3 | rules; |
4 | (16) To enforce compliance by compacting states with the commission's bylaws and |
5 | rules; |
6 | (17) To provide for dispute resolution among compacting states or between the |
7 | commission and those who submit treatments and therapeutic protocols for the cure of disease for |
8 | consideration; |
9 | (18) To establish a budget and make expenditures; |
10 | (19) To borrow money; |
11 | (20) To appoint committees, including management, legislative, and advisory committees |
12 | comprised of members, state legislators or their representatives, medical professionals, and such |
13 | other interested persons as may be designated by the commission; |
14 | (21) To establish annual membership dues for compacting states which shall be used for |
15 | daily expenses of the commission and not for interest or prize payments; |
16 | (22) To adopt and use a corporate seal; and |
17 | (23) To perform such other functions as may be necessary or appropriate to achieve the |
18 | purposes of this compact. |
19 | Article IV |
20 | Meetings and Voting. |
21 | (a) The commission shall meet and take such actions as are consistent with the compact, |
22 | bylaws, and rules. |
23 | (b) A majority of the members of the commission shall constitute a quorum necessary in |
24 | order to conduct business or take actions at meetings of the commission. |
25 | (c) Each member of the commission shall have the right and power to cast one vote |
26 | regarding matters determined or actions to be taken by the commission. Each member shall have |
27 | the right and power to participate in the business and affairs of the commission. |
28 | (d) A member shall vote in person or by such other means as provided in the |
29 | commission's bylaws. The commission's bylaws may provide for members' participation in |
30 | meetings by telephone or other means of communication. |
31 | (e) The commission shall meet at least once during each calendar year. Additional |
32 | meetings shall be held as set forth in the commission's bylaws. |
33 | (f) No decision of the commission with respect to the approval of an award for a |
34 | treatment or therapeutic process for the cure of a disease shall be effective unless two-thirds (2/3) |
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1 | of all the members of the commission vote in favor thereof. |
2 | (g) Guidelines and voting requirements for all other decisions of the commission shall be |
3 | established in the commission's bylaws. |
4 | Article V |
5 | Bylaws. |
6 | The commission shall, by a majority vote of all the members of the commission, |
7 | prescribe bylaws to govern its conduct as may be necessary or appropriate to carry out the |
8 | purposes, and exercise the powers, of the compact, including, but not limited to: |
9 | (1) Establishing the fiscal year of the commission; |
10 | (2) Providing reasonable procedures for appointing and electing members, as well as |
11 | holding meetings, of the management committee; |
12 | (3) Providing reasonable standards and procedures: |
13 | (i) For the establishment and meetings of other committees; |
14 | (ii) Governing any general or specific delegation of any authority or function of the |
15 | commission; and |
16 | (iii) Voting guidelines and procedures for commission decisions; |
17 | (4) Providing reasonable procedures for calling and conducting meetings of the |
18 | commission that shall consist of requiring a quorum to be present, ensuring reasonable advance |
19 | notice of each such meeting, and providing for the right of citizens to attend each such meeting |
20 | with enumerated exceptions designed to protect the public's interest and the privacy of |
21 | individuals; |
22 | (5) Providing a list of matters about which the commission may go into executive session |
23 | and requiring a majority of all members of the commission vote to enter into such session. As |
24 | soon as practicable, the commission shall make public: |
25 | (i) A copy of the vote to go into executive session, revealing the vote of each member |
26 | with no proxy votes allowed; and |
27 | (ii) The matter requiring executive session, without identifying the actual issues or |
28 | individuals involved; |
29 | (6) Establishing the titles, duties, authority, and reasonable procedures for the election of |
30 | the officers of the commission; |
31 | (7) Providing reasonable standards and procedures for the establishment of the personnel |
32 | policies and programs of the commission. Notwithstanding any civil service or other similar laws |
33 | of any compacting state, the commission's bylaws shall exclusively govern the personnel policies |
34 | and programs of the commission; |
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1 | (8) Allowing a mechanism for: |
2 | (i) The federal government to join as a compacting state; and |
3 | (ii) Foreign countries or subdivisions of those countries to join as liaison members by |
4 | adopting the compact; provided that adopting countries or subdivisions shall not have voting |
5 | power or the power to bind the commission in any way; |
6 | (9) Adopting a code of ethics to address permissible and prohibited activities of members |
7 | and employees; |
8 | (10) Providing for the maintenance of the commission's books and records; |
9 | (11) Governing the acceptance of and accounting for donations, annual member dues, and |
10 | other sources of funding and establishing the proportion of these funds to be allocated to prize |
11 | amounts for treatments and therapeutic protocols that cure disease; |
12 | (12) Governing any fundraising efforts in which the commission wishes to engage; and |
13 | (13) Providing a mechanism for winding up the operations of the commission and the |
14 | equitable disposition of any surplus funds that may exist after the termination of the compact after |
15 | the payment and reserving of all its debts and obligations. |
16 | Article VI |
17 | Rules. |
18 | (a) The commission shall adopt rules to do the following: |
19 | (1) Effectively and efficiently achieve the purposes of this compact; |
20 | (2) Govern the methods, processes, and any other aspect of the research, creation, and |
21 | testing of a treatment or therapeutic protocol for each disease for which a prize may be awarded. |
22 | (b) The commission shall also adopt rules establishing the criteria for defining and |
23 | classifying the diseases for which prizes shall be awarded. The commission may define and |
24 | classify subsets of diseases, for example, tubular carcinoma of the breast. For purposes of |
25 | sections (c)(1) and (c)(3) of this Article, a subset of a disease shall be considered one disease. The |
26 | commission may consult the most recent edition of the international classification of disease as |
27 | published by the world health organization or other definitions agreed to by a two-thirds (2/3) |
28 | vote of the commission. |
29 | (c) The commission shall also adopt rules regarding prizes for curing diseases that |
30 | establish the following: |
31 | (1) At least ten (10) major diseases for which to create prizes, which shall be determined |
32 | based on the following factors: |
33 | (i) The severity of the disease to a human individual's overall health and well-being; |
34 | (ii) The survival rate or severity of impact of the disease; and |
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1 | (iii) The public health expenses and treatment expenses for the disease. |
2 | (2) The criteria a treatment or therapeutic protocol must meet in order to be considered a |
3 | cure for any of the diseases for which a prize may be awarded, which shall include the following |
4 | requirements: |
5 | (i) It must be approved by the Federal Food and Drug Administration or have otherwise |
6 | obtained legal status for the compact to immediately contract to manufacture and distribute in the |
7 | United States; |
8 | (ii) Except as provided in section (d) of this Article, it must yield a significant increase in |
9 | survival with respect to the diseases if early death is the usual outcome; and |
10 | (iii) It requires less than one year of the treatment or protocol to completely cure the |
11 | disease. |
12 | (3) The procedure for determining the diseases for which to award prizes, which includes |
13 | the option to award prizes for more than ten (10) diseases that meet the above criteria, if agreed to |
14 | by two-thirds (2/3) vote of the commission, and a requirement to update the list every three (3) |
15 | years. |
16 | (4) The submission and evaluation procedures and guidelines, including filing and review |
17 | procedures, a requirement that the person or entity submitting the cure bears the burden of proof |
18 | in demonstrating that the treatment or therapeutic protocol meets the above criteria, and |
19 | limitations preventing public access to treatment or protocol submissions. |
20 | (5) The estimated five (5) year public health savings that would result from a cure, which |
21 | shall be equal to the five (5) year public health expenses for each disease in each compacting |
22 | state, and a procedure to update these expenses every three (3) years in conjunction with the |
23 | requirements in section (c)(3) of this Article. The estimated five (5) year public health savings |
24 | amount shall be calculated, estimated, and publicized every three (3) years by actuaries employed |
25 | or contracted by the commission. |
26 | (6) The prize amount with respect to cures for each disease, which shall be equal to the |
27 | most recent estimated total five (5) year savings in public health expenses for the disease as |
28 | calculated in section (c)(5) of this Article in all of the compacting states; amounts donated by |
29 | charities, individuals, and any other entities intended for the prize under Article I of the compact; |
30 | and any other factors that the commission deems appropriate. |
31 | (7) The prize distribution procedures and guidelines, which shall include the following |
32 | requirements: |
33 | (i) Upon acceptance of a cure, the prize winner shall transfer to the commission the patent |
34 | and all related intellectual property for the treatment or therapeutic protocol in exchange for the |
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1 | prize, except in the case that the prize money is considered by the commission to be too low, and |
2 | that a prize will be awarded only to the first person or entity that submits a successful cure for a |
3 | disease for which a prize may be awarded; |
4 | (ii) Donation amounts intended for the prize shall be kept in a separate, interest-bearing |
5 | account maintained by the commission. This account shall be the only account in which prize |
6 | money is kept; |
7 | (iii) Each compacting state shall have the responsibility to pay annually the compacting |
8 | state's actual one year savings in public health expenses for the particular disease for which a cure |
9 | has been accepted. The compacting state shall make such an annual payment until it has fulfilled |
10 | its prize responsibility as established in section (c)(6) of this Article. Each compacting state's |
11 | payment responsibility begins one year after the date the cure becomes widely available. The |
12 | commission shall employ or contract with actuaries to calculate each state's actual one year |
13 | savings in public health expenses at the end of each year to determine each state's responsibility |
14 | for the succeeding year; |
15 | (iv) Compacting states may meet prize responsibilities by any method, including the |
16 | issuance of bonds or other obligations, with the principal and interest of those bonds or |
17 | obligations to be repaid only from revenue derived from estimated public health expense savings |
18 | from a cure to a disease. If the compacting state does not make such revenue available to repay |
19 | some or all of the revenue bonds or obligations issued, the owners or holders of those bonds or |
20 | obligations have no right to have excises or taxes levied to pay the principal or interest on them. |
21 | The revenue bonds and obligations are not a debt of the issuing compacting state; |
22 | (v) A compacting state may issue bonds or other debt that are general obligations, under |
23 | which the full faith and credit, revenue, and taxing power of the state is pledged to pay the |
24 | principal and interest under those obligations, only if authorized by the compacting state's |
25 | constitution or, if constitutional authorization is not required, by other law of the compacting |
26 | state; and |
27 | (vi) Upon acceptance of a cure, the commission shall obtain a loan from a financial |
28 | institution in an amount equal to the most recently calculated total estimated five (5) year public |
29 | health expenses for the disease in all compacting states, in accordance with section (c)(6) of this |
30 | Article. The commission reserves the right to continuously evaluate the cure in the interim and |
31 | rescind a prize offer if the commission finds that the cure no longer meets the commission's |
32 | criteria. |
33 | (d) The commission may award a prize for a treatment or therapeutic protocol that yields |
34 | a survival rate that is less than what is established in the cure criteria through at least five (5) |
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1 | years after the treatment or protocol has ended. In that case, the prize amount awarded for that |
2 | treatment or therapeutic protocol shall be reduced from the prize amount originally determined by |
3 | the commission for a cure for that disease. The reduction shall be in proportion to the survival |
4 | rate yielded by that treatment or protocol as compared to the survival rate established in the cure |
5 | criteria. |
6 | (e) The commission also shall adopt rules that do the following: |
7 | (1) Establish the following regarding commission records: |
8 | (i) Conditions and procedures for public inspection and copying of its information and |
9 | official records, except such information and records involving the privacy of individuals or |
10 | would otherwise violate privacy laws under federal law and the laws of the compacting states; |
11 | (ii) Procedures for sharing with federal and state agencies, including law enforcement |
12 | agencies, records and information otherwise exempt from disclosure; and |
13 | (iii) Guidelines for entering into agreements with federal and state agencies to receive or |
14 | exchange information or records subject to nondisclosure and confidentiality provisions; |
15 | (2) Provide a process for commission review of submitted treatments and therapeutic |
16 | protocols for curing diseases that includes the following: |
17 | (i) An opportunity for an appeal, not later than thirty (30) days after a rejection of a |
18 | treatment or protocol for prize consideration, to a review panel established under the |
19 | commission's dispute resolution process; |
20 | (ii) Commission monitoring and review of treatment and protocol effectiveness consistent |
21 | with the cure criteria established by the commission for the particular disease; and |
22 | (iii) Commission reconsideration, modification, or withdrawal of approval of a treatment |
23 | or protocol for prize consideration for failure to continue to meet the cure criteria established by |
24 | the commission for the particular disease; |
25 | (3) Establish a dispute resolution process to resolve disputes or other issues under the |
26 | compact that may arise between two (2) or more compacting states or between the commission |
27 | and individuals or entities who submit treatments and therapeutic protocols to cure diseases, |
28 | which process shall provide for: |
29 | (i) Administrative review by a review panel appointed by the commission; |
30 | (ii) Judicial review of decisions issued after an administrative review; and |
31 | (iii) Qualifications to be appointed to a panel, due process requirements, including notice |
32 | and hearing procedures, and any other procedure, requirement, or standard necessary to provide |
33 | adequate dispute resolution; |
34 | (4) Establish and impose annual member dues on compacting states, which shall be |
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1 | calculated based on the percentage of each compacting state's population in relation to the |
2 | population of all the compacting states. |
3 | (f) Recognizing that the goal of the compact is to pool the potential savings of as many |
4 | states and countries as possible to generate sufficient financial incentive to develop a cure for |
5 | many of the world's most devastating diseases, the compact will respect the laws of each of these |
6 | United States by adopting rules that establish ethical standards for research that shall be followed |
7 | in order for a prize to be claimed. The compact, in the rules, shall establish a common set of |
8 | ethical standards that embodies the laws and restrictions in each of the states so that to be eligible |
9 | for claiming a prize the entity submitting a cure must not have violated any of the ethical |
10 | standards in any one of the fifty (50) states, whether the states have joined the compact or not. |
11 | The compact will publish these common ethical standards along with the specific criteria for a |
12 | cure for each of the diseases the compact has targeted. So long as a researcher follows the |
13 | common ethical standards in effect at the time the research is done, an entity presenting a cure |
14 | will be deemed to have followed the standards. On or before January 1 of each year, the compact |
15 | shall review all state laws to determine if additional ethical standards have been enacted by any of |
16 | the fifty (50) states and the federal government. Any changes to the common ethical standards |
17 | rules based on new state laws shall be adopted and published by the compact, but shall not take |
18 | effect in cure criteria for a period of three (3) years to allow for sufficient notice to researchers. |
19 | (g) All rules may be amended as the commission sees necessary. |
20 | (h) All rules shall be adopted pursuant to a rulemaking process that conforms to the |
21 | model state administrative procedure act of 1981 by the uniform law commissioners, as amended, |
22 | as may be appropriate to the operations of the commission. |
23 | (i) In the event the commission exercises its rulemaking authority in a manner that is |
24 | beyond the scope of the purpose of this compact, or the powers granted hereunder, then such rule |
25 | shall be invalid and have no force and effect. |
26 | Article VII |
27 | Committees. |
28 | (a) Management Committee. |
29 | (1) The commission may establish a management committee comprised of not more than |
30 | fourteen (14) members when twenty-six (26) states enact the compact. |
31 | (2) The committee shall consist of those members representing compacting states whose |
32 | total public health expenses of all of the established diseases are the highest. |
33 | (3) The committee shall have such authority and duties as may be set forth in the |
34 | commission's bylaws and rules, including: |
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1 | (i) Managing authority over the day-to-day affairs of the commission in a manner |
2 | consistent with the commission's bylaws and rules and the purposes of the compact; |
3 | (ii) Overseeing the offices of the commission; and |
4 | (iii) Planning, implementing, and coordinating communications and activities with state, |
5 | federal, and local government organizations in order to advance the goals of the compact. |
6 | (4) The commission annually shall elect officers for the committee, with each having |
7 | such authority and duties as maybe specified in the commission's bylaws and rules. |
8 | (5) The management committee, subject to commission approval, may appoint or retain |
9 | an executive director for such period, upon such terms and conditions, and for such compensation |
10 | as the committee determines. The executive director shall serve as secretary to the commission, |
11 | but shall not be a member of the commission. The executive director shall hire and supervise such |
12 | other staff as may be authorized by the committee. |
13 | (b) Advisory Committees. The commission may appoint advisory committees to monitor |
14 | all operations related to the purposes of the compact and make recommendations to the |
15 | commission; provided that the manner of selection and term of any committee member shall be as |
16 | set forth in the commission's bylaws and rules. The commission shall consult with an advisory |
17 | committee, to the extent required by the commission's bylaws or rules, before doing any of the |
18 | following: |
19 | (1) Approving cure criteria; |
20 | (2) Amending, enacting, or repealing any bylaw or rule; |
21 | (3) Adopting the commission's annual budget; and |
22 | (4) Addressing any other significant matter or taking any other significant action. |
23 | Article VIII |
24 | Finance. |
25 | (a) The commission annually shall establish a budget to pay or provide for the payment |
26 | of its reasonable expenses. To fund the cost of initial operations, the commission may accept |
27 | contributions and other forms of funding from the compacting states and other sources. |
28 | Contributions and other forms of funding from other sources shall be of such a nature that the |
29 | independence of the commission concerning the performance of its duties shall not be |
30 | compromised. |
31 | (b) The commission shall be exempt from all taxation in and by the compacting states. |
32 | (c) The commission shall keep complete and accurate accounts of all of its internal |
33 | receipts, including grants and donations, and disbursements of all funds under its control. The |
34 | internal financial accounts of the commission shall be subject to the accounting procedures |
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1 | established under the commission's bylaws or rules. The financial accounts and reports, including |
2 | the system of internal controls and procedures of the commission, shall be audited annually by an |
3 | independent certified public accountant. Upon the determination of the commission, but not less |
4 | frequently than every three (3) years, the review of the independent auditor shall include a |
5 | management and performance audit of the commission. The commission shall make an annual |
6 | report to the governors and legislatures of the compacting states, which shall include a report of |
7 | the independent audit. The commission's internal accounts shall not be confidential and such |
8 | materials may be shared with any compacting state upon request; provided, however, that any |
9 | work papers related to any internal or independent audit and any information subject to the |
10 | compacting states' privacy laws, shall remain confidential. |
11 | (d) No compacting state shall have any claim or ownership of any property held by or |
12 | vested in the commission or to any commission funds held pursuant to the provisions of the |
13 | compact. |
14 | Article IX |
15 | Records. |
16 | Except as to privileged records, data, and information, the laws of any compacting state |
17 | pertaining to confidentiality or nondisclosure shall not relieve any member of the duty to disclose |
18 | any relevant records, data, or information to the commission; provided, that disclosure to the |
19 | commission shall not be deemed to waive or otherwise affect any confidentiality requirement; |
20 | and further provided, that, except as otherwise expressly provided in the compact, the |
21 | commission shall not be subject to the compacting state's laws pertaining to confidentiality and |
22 | nondisclosure with respect to records, data, and information in its possession. Confidential |
23 | information of the commission shall remain confidential after such information is provided to any |
24 | member. All cure submissions received by the commission are confidential. |
25 | Article X |
26 | Compliance. |
27 | The commission shall notify a compacting state in writing of any noncompliance with |
28 | commission bylaws and rules. If a compacting state fails to remedy its noncompliance within the |
29 | time specified in the notice, the compacting state shall be deemed to be in default as set forth in |
30 | Article XIV. |
31 | Article XI |
32 | Venue. |
33 | Venue for any judicial proceedings by or against the commission shall be brought in the |
34 | appropriate court of competent jurisdiction for the geographical area in which the principal office |
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1 | of the commission is located. |
2 | Article XII |
3 | Qualified Immunity, Defense, and Indemnification. |
4 | (a) The members, officers, executive director, employees, and representatives of the |
5 | commission shall be immune from suit and liability, either personally or in their official capacity, |
6 | for any claim for damage to or loss of property or personal injury or other civil liability caused by |
7 | or arising out of any actual or alleged act, error, or omission that occurred, or that such person |
8 | had a reasonable basis for believing occurred within the scope of the person's commission |
9 | employment, duties, or responsibilities; provided, that nothing in section (a) of this Article shall |
10 | be construed to protect any such person from suit or liability for any damage, loss, injury, or |
11 | liability caused by the intentional or willful and wanton misconduct of that person. |
12 | (b) The commission shall defend any member, officer, executive director, employee, or |
13 | representative of the commission in any civil action seeking to impose liability arising out of any |
14 | actual or alleged act, error, or omission that occurred within the scope of the person's commission |
15 | employment, duties, or responsibilities, or that such person had a reasonable basis for believing |
16 | occurred within the scope of commission employment, duties, or responsibilities; provided, that |
17 | nothing in the compact or commission bylaws or rules shall be construed to prohibit that person |
18 | from retaining his or her own counsel; and provided further, that the actual or alleged act, error, |
19 | or omission did not result from that person's intentional or willful and wanton misconduct. |
20 | (c) The commission shall indemnify and hold harmless any member, officer, executive |
21 | director, employee, or representative of the commission for the amount of any settlement or |
22 | judgment obtained against the person arising out of any actual or alleged act, error, or omission |
23 | that occurred within the scope of the person's commission employment, duties, or responsibilities, |
24 | or that such person had a reasonable basis for believing occurred within the scope of commission |
25 | employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission |
26 | did not result from the intentional or willful and wanton misconduct of that person. |
27 | Article XIII |
28 | Compacting States, Effective Date, and Amendment. |
29 | (a) Any state is eligible to become a compacting state. |
30 | (b) The compact shall become effective and binding upon legislative enactment of the |
31 | compact into law by two (2) compacting states; provided, the commission shall only be |
32 | established after six (6) states become compacting states. Thereafter, the compact shall become |
33 | effective and binding as to any other compacting state upon enactment of the compact into law by |
34 | that state. |
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1 | (c) Amendments to the compact may be proposed by the commission for enactment by |
2 | the compacting states. No amendment shall become effective and binding until all compacting |
3 | states enact the amendment into law. |
4 | (d) If funding is requested or required, the legislative authority of each compacting state |
5 | shall be responsible for making the appropriations it determines necessary to pay for the costs of |
6 | the compact, including annual member dues and prize distributions. |
7 | Article XIV |
8 | Withdrawal, Default, and Expulsion. |
9 | (a) Withdrawal. |
10 | (1) Once effective, the compact shall continue in force and remain binding upon each and |
11 | every compacting state; provided, that a compacting state may withdraw from the compact by |
12 | doing both of the following: |
13 | (i) Repealing the law enacting the compact in that state; and |
14 | (ii) Notifying the commission in writing of the intent to withdraw on a date that is both of |
15 | the following: |
16 | (A) At least three (3) years after the date the notice is sent; and |
17 | (B) After the repeal takes effect. |
18 | (2) The effective date of withdrawal is the date described in section (a)(1)(ii) of this |
19 | Article. |
20 | (3) The member representing the withdrawing state shall immediately notify the |
21 | management committee in writing upon the introduction of legislation in that state repealing the |
22 | compact. If a management committee has not been established, the member shall immediately |
23 | notify the commission. |
24 | (4) The commission or management committee, as applicable, shall notify the other |
25 | compacting states of the introduction of such legislation within ten (10) days after its receipt of |
26 | notice thereof. |
27 | (5) The withdrawing state is responsible for all obligations, duties, and liabilities incurred |
28 | through the effective date of withdrawal, including any obligations, the performance of which |
29 | extend beyond the effective date of withdrawal. The commission's actions shall continue to be |
30 | effective and be given full force and effect in the withdrawing state. |
31 | (6) Reinstatement following a state's withdrawal shall become effective upon the |
32 | effective date of the subsequent enactment of the compact by that state. |
33 | (b) Default. |
34 | (1) If the commission determines that any compacting state has at any time defaulted in |
| LC003692 - Page 14 of 17 |
1 | the performance of any of its obligations or responsibilities under the compact or the |
2 | commission's bylaws or rules, then, after notice and hearing as set forth in the bylaws, all rights, |
3 | privileges, and benefits conferred by this compact on the defaulting state shall be suspended from |
4 | the effective date of default as fixed by the commission. The grounds for default include failure |
5 | of a compacting state to perform its obligations or responsibilities, and any other grounds |
6 | designated in commission rules. The commission shall immediately notify the defaulting state in |
7 | writing of the suspension pending cure of the default. The commission shall stipulate the |
8 | conditions and the time period within which the defaulting state shall cure its default. If the |
9 | defaulting state fails to cure the default within the time period specified by the commission, the |
10 | defaulting state shall be expelled from the compact and all rights, privileges, and benefits |
11 | conferred by the compact shall be terminated from the effective date of the expulsion. Any state |
12 | that is expelled from the compact shall be liable for any cure prize or prizes for three (3) years |
13 | after its removal. The commission shall also take appropriate legal action to ensure that any |
14 | compacting state that withdraws from the compact remains liable for paying its responsibility |
15 | towards a prize for a cure that was accepted while the compacting state was a member of the |
16 | commission. |
17 | (2) The expelled state must reenact the compact in order to become a compacting state. |
18 | (c) Dissolution of Compact. |
19 | (1) The compact dissolves effective upon the date of either of the following: |
20 | (i) The withdrawal or expulsion of a compacting state, which withdrawal or expulsion |
21 | reduces membership in the compact to one compacting state; and |
22 | (ii) The commission votes to dissolve the compact. |
23 | (2) Upon the dissolution of the compact, the compact becomes null and void and shall be |
24 | of no further force or effect, and the business and affairs of the commission shall be wound up |
25 | and any surplus funds shall be distributed in accordance with the commission's bylaws; provided, |
26 | that the commission shall pay all outstanding prizes awarded before the dissolution of the |
27 | compact, as well as any other outstanding debts and obligations incurred during the existence of |
28 | the compact. Any unawarded funds donated to be a part of a prize shall be returned to the donor, |
29 | along with any interest earned on the amount. |
30 | Article XV |
31 | Severability and Construction. |
32 | (a) The provisions of the compact shall be severable; and if any phrase, clause, sentence, |
33 | or provision is deemed unenforceable, the remaining provisions of the compact shall be |
34 | enforceable. |
| LC003692 - Page 15 of 17 |
1 | (b) The provisions of the compact shall be liberally construed to effectuate its purposes. |
2 | Article XVI |
3 | Binding Effect of Compact and Other Laws. |
4 | (a) Other Laws: Nothing herein prevents the enforcement of any other law of a |
5 | compacting state, except as provided in section (b)(2) of this Article. |
6 | (b) Binding Effect of the Compact. |
7 | (1) All lawful actions of the commission, including all commission rules, are binding |
8 | upon the compacting states. |
9 | (2) All agreements between the commission and the compacting states are binding in |
10 | accordance with their terms. |
11 | (3) Except to the extent authorized by the compacting state's constitution or, if |
12 | constitutional authorization is not required, by other law of the compacting state, such state, by |
13 | entering into the compact does not: |
14 | (i) Commit the full faith and credit or taxing power of the compacting state for the |
15 | payment of prizes or other obligations under the compact; and |
16 | (ii) Make prize payment responsibilities or other obligations under the compact a debt of |
17 | the compacting state. |
18 | (4) Upon the request of a party to a conflict over the meaning or interpretation of |
19 | commission actions, and upon a majority vote of the compacting states, the commission may |
20 | issue advisory opinions regarding the meaning or interpretation in dispute. |
21 | (5) In the event any provision of the compact exceeds the constitutional limits imposed |
22 | on any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by |
23 | that provision upon the commission shall be ineffective as to that compacting state, and those |
24 | obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be |
25 | exercised by the agency thereof to which those obligations, duties, powers, or jurisdiction are |
26 | delegated by law in effect at the time the compact becomes effective. |
27 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - INTERSTATE COMPACT TO | |
AWARD PRIZES FOR CURING DISEASES | |
*** | |
1 | This act would adopt the Interstate Compact to Award Prizes for Curing Diseases. The |
2 | act would also provide that upon enactment by six (6) states, a commission would be established. |
3 | The Commission may award prizes for successful cures for diseases. |
4 | This act would take effect upon passage. |
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