SB 396 — Compact to Award Prizes for Curing Diseases.

FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA MarSESSION 29, 2023 S.B.S 1 SENATE BILL 396 Short Title:

396 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS35106-MG-102 Short Title:

Rules and Operations of the Senate March 30, 2023 A BILL TO BE ENTITLED AN ACT ENACTING A COMPACT TO AWARD PRIZES FOR CURING DISEASES.

Chapter 90 of the General Statutes is amended bybyadding adding a new Article to read:

*DRS35106-MG-102**S396-v-1* General Assembly Of North Carolina Session 2023 (1) To adopt bylaws and rules pursuant to G.S.

(3) TomakewidelyTomakewidelyavailableacuretreatmentortherapeuticprotocol availableacuretreatmentortherapeuticprotocoluponaprizeuponaprize winner claiming a prize and transferring any intellectual property necessary for the manufacture and distribution of the cure in accordance with G.S.

and to establish the Commission's personnel policies and Page 2 DRS35106-MG-102Senate Bill 396-First Edition General Assembly Of North Carolina Session 2023 programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.

(20) To appoint committees, including management, legislative, and advisory committees comprised of members, state legislators or their representatives, medical professionals, and such other interested persons as maymaybe be designated by the Commission.

DRS35106-MG-102Senate Bill 396-First Edition Page 3 General Assembly Of North Carolina Session 2023 "§ 90-326.4.

(2) ProvidingProvidingreasonableprocedures reasonableproceduresforappointingandelectingmembers,as forappointing andelectingmembers,as well as holding meetings, of the management committee.

(5) Providing alist ofmatters about whichthe Commission may go intoexecutiveinto executive session and requiring a majority of all members of the Commission to vote to enter into such session.

(11) Governing the acceptance of and accounting for donations, annual member dues, and other sources of funding and establishing the proportion of these fundsto be allocatedto prizeamounts fortreatments andtherapeuticand therapeutic protocols that cure disease.

Page 4 DRS35106-MG-102Senate Bill 396-First Edition General Assembly Of North Carolina Session 2023 (a) The Commission shall adopt rules to do the following:

(2) Govern the methods, processes, and anyanyother other aspect of the research, creation, and testing of a treatment or therapeutic protocol for each disease for which a prize may be awarded.

The submission and evaluation procedures and guidelines, including filing and review procedures, a requirement that the person or entity submittingsubmittingthe the cure bears the burden of proof in demonstratingdemonstratingthat that the treatment or therapeutic protocol meets the above criteria, and limitations preventing public access to treatment or protocol submissions.

DRS35106-MG-102Senate Bill 396-First Edition Page 5 General Assembly Of North Carolina Session 2023 f.

amounts donated by charities, individuals, and anyanyother other entities intended for the prize;

Each compactingstate'spaymentresponsibilitybeginsoneyearaftercompactingstate'spaymentresponsibilitybeginsone yearafter the date the cure becomes widely available.

Page 6 DRS35106-MG-102Senate Bill 396-First Edition General Assembly Of North Carolina Session 2023 6.

DRS35106-MG-102Senate Bill 396-First Edition Page 7 General Assembly Of North Carolina Session 2023 (b) The Commission maymayaward award a prize for a treatment or therapeutic protocol that yields a survival rate that is less than what is established in the cure criteria through at least five years afterthetreatmentorprotocolhasended.Inthatcase,theprizeamountawardedforthattreatment or therapeutic protocol shall be reduced from the prize amount originally determined by the Commission for a cure for that disease.

(c) Recognizing that the goal of the compact is to pool the potential savings of as many states and countries as possible to generate sufficient financial incentive to develop a cure for many of the world's most devastating diseases, the compact will respect the laws of each of these United States bybyadopting adopting rules that establish ethical standards for research that shall be followed in order for a prize to be claimed.

(3) Planning,implementing,andcoordinatingcommunicationsandactivitieswithPlanning,implementing, andcoordinatingcommunicationsand activitieswith state, federal, and local government organizations in order to advance the goals of the compact.

Page 8 DRS35106-MG-102Senate Bill 396-First Edition General Assembly Of North Carolina Session 2023 "§ 90-326.7.

Except as to privileged records, data, and information, the laws of any compacting state pertaining to confidentialityconfidentialityor or nondisclosure shall not relieve anyanymember member of the dutydutyto to disclose any relevant records, data, or information to the Commission;

DRS35106-MG-102Senate Bill 396-First Edition Page 9 General Assembly Of North Carolina Session 2023 Venue for any judicial proceedings by or against the Commission shall be brought in the appropriate court of competent jurisdiction for the geographical area in which the principal office of the Commission is located.

(a) The members, officers, executive director, employees, and representatives of the Commissionshallbeimmunefromsuitandliability,eitherpersonallyorin theirofficialtheir official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of anyanyactual actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of the person's Commission employment, duties, or responsibilities;

provided, that nothing in this subsection shall be construed to protect anyanysuch such person from suit or liabilityliabilityfor foranydamage, any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that person.

– The compact shall become effective and binding upon legislative enactment of the compact into law bybytwo twocompactingstates; compacting states;

Page 10 DRS35106-MG-102Senate Bill 396-First Edition General Assembly Of North Carolina Session 2023 (b) The effective date of withdrawal is the date described in subdivision (2) of subsection (a) of this section.

(a) If the Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under the compact or the Commission's bylaws or rules, then, after notice and hearing as set forth in the bylaws, all rights, privileges, and benefits conferred bybythis this compact on the defaulting state shall be suspended from the effective date of default as fixed by the Commission.

(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Commission shall be wound up, andanysurplusfundsshallbedistributedinaccordancewiththeCommission'sbylaws,provided,andanysurplusfundsshallbedistributedinaccordancewith theCommission'sbylaws,provided, that the Commission shall pay all outstanding prizes awarded before the dissolution of the compact, as well as any other outstanding debts and obligations incurred during the existence of the compact.

DRS35106-MG-102Senate Bill 396-First Edition Page 11 General Assembly Of North Carolina Session 2023 (b) The provisions of the compact shall be liberally construed to effectuate its purposes.

Page 12 DRS35106-MG-102Senate Bill 396-First Edition