Bill Summary for S 396 (2023-2024)

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Summary date: 

Mar 29 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 396 (Public) Filed Wednesday, March 29, 2023
AN ACT ENACTING A COMPACT TO AWARD PRIZES FOR CURING DISEASES.
Intro. by Burgin, Krawiec, Corbin.

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Bill summary

Enacts Article 23B, Compact to Award Prizes for the Cure of Diseases, to GS Chapter 90, as follows. Sets forth defined terms. Establishes the Solemn Covenant of States Commission (Commission) upon the enactment of the Solemn Covenant of the States to Award Prizes for Curing Diseases (Compact) by six states. Provides for each compacting state to be represented by one member whose qualification, selection and service is determined by each compacting state. Establishes the Commission as a body corporate and politic. Enumerates 23 powers of the Commission, including (1) to receive and review treatments and therapeutic protocols for the cure of diseases submitted to the Commission and to award prizes for submission that meet the Commission's standards for a successful cure treatment or therapeutic protocol, (2) to make successful cure treatments and therapeutic protocols widely available upon prizes claimed by transferring intellectual property necessary for the manufacture and distribution of the cure, and setting a selling price for the cure, (3) to collect royalty fees, (4) to acquire and dispose of property, (5) to monitor and enforce compliance of compacting states, and (6) to take on debt obligations. 

Provides for Commission meetings; voting; bylaws; rulemaking; financing; recordkeeping; qualified immunity, defense, and indemnification; and compacting state withdrawal, default, expulsion, and reinstatement. 

Sets forth extensive rulemaking requirements and parameters. Requires the Commission to establish at least 10 major diseases for which to create prizes, determined based on the severity, survival rate, and public heath and treatment expense of the disease. Directs the Commission to establish qualifying criteria for treatments and protocol to be deemed a cure, including approval by the FDA, a significant increase in survival, with treatment term requiring less than a year to cure. Among other rules the Commission is required to adopt, requires adoption of parameters for defining and classifying diseases; treatment and protocol submission and evaluation; prize amounts for each disease; prize distribution procedures; dispute resolution process; and ethical standards. Provides for rulemaking procedure, amendments, and overreach. Allows for awards on a pro rata basis when awarding for a survival rate that is less than what is established in the cure criteria. 

Authorizes the Commission to establish a management committee, and sets forth its membership and authorities. Authorizes the Commission to appoint an advisory committee to advise the Commission prior to approving cure criteria, taking action regarding bylaws or rules, adopting the annual budget, or other significant matters. 

Sets forth notice and default procedures for noncompliance of compacting states. Establishes venue for proceedings by or against the Commission in the jurisdiction in which the Commission's principal office is located. 

Deems the Compact effective upon legislative enactment by two compacting states, provided that the Commission cannot be established until six states have adopted the Compact. Provides for Compact amendment and funding. Details Compact dissolution procedures and effect. 

Includes a severability clause. Details the effect of the Compact on compacting states and other laws. Provides that the act is effective upon the enactment of the compact into law by at least two compacting states.