S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7210
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Health
 
 AN  ACT  to  amend  the  public  health law, in relation to adopting the
   solemn covenant of the states to  award  prizes  for  curing  diseases
   interstate compact
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  article
 49-A to read as follows:
 
                               ARTICLE 49-A
     SOLEMN COVENANT OF THE STATES TO AWARD PRIZES FOR CURING DISEASES
 
 SECTION 4999.   DEFINITIONS.
         4999-A. ESTABLISHMENT OF THE COMMISSION; MEMBERSHIP.
         4999-B. POWERS OF THE COMMISSION.
         4999-C. MEETINGS AND VOTING.
         4999-D. BYLAWS.
         4999-E. RULES.
         4999-F. COMMITTEES.
         4999-G. FINANCE.
         4999-H. RECORDS.
         4999-I. COMPLIANCE.
         4999-H. RECORDS.
         4999-J. VENUE.
         4999-K. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.
         4999-L. COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT.
         4999-M. WITHDRAWAL, DEFAULT, AND EXPULSION.
         4999-N. SEVERABILITY AND CONSTRUCTION.
         4999-O. BINDING EFFECT OF COMPACT AND OTHER LAWS.
   § 4999. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01821-01-3
              

 A. 7210                             2
 
   1. "COMPACTING STATE" MEANS EITHER OF THE FOLLOWING:
   A.  ANY STATE THAT HAS ENACTED THE COMPACT AND WHICH HAS NOT WITHDRAWN
 OR BEEN SUSPENDED PURSUANT SECTION FORTY-NINE HUNDRED  NINETY-NINE-M  OF
 THIS ARTICLE;
   B. THE FEDERAL GOVERNMENT IN ACCORDANCE WITH THE COMMISSION'S BYLAWS.
   2.  "COMPACT"  MEANS THE SOLEMN COVENANT OF THE STATES TO AWARD PRIZES
 FOR CURING DISEASES ENACTED IN THIS ARTICLE.
   3. "NON-COMPACTING STATE" MEANS ANY STATE OR THE  FEDERAL  GOVERNMENT,
 IF IT IS NOT AT THE TIME A COMPACTING STATE.
   4.  "PUBLIC  HEALTH  EXPENSES"  MEANS  THE AMOUNT OF ALL COSTS PAID BY
 TAXPAYERS IN A  SPECIFIED  GEOGRAPHIC  AREA  RELATING  TO  A  PARTICULAR
 DISEASE.
   5.  "STATE"  MEANS  ANY  STATE,  DISTRICT,  OR TERRITORY OF THE UNITED
 STATES OF AMERICA.
   § 4999-A. ESTABLISHMENT OF THE COMMISSION; MEMBERSHIP.   1.  UPON  THE
 ENACTMENT  OF  THE  COMPACT  BY  SIX STATES, THE COMPACTING STATES SHALL
 ESTABLISH THE SOLEMN COVENANT OF STATES COMMISSION.
   2. THE COMMISSION IS A BODY CORPORATE AND POLITIC AND AN INSTRUMENTAL-
 ITY OF EACH OF THE COMPACTING STATES AND IS SOLELY RESPONSIBLE  FOR  ITS
 LIABILITIES, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THE COMPACT.
   3.  EACH  COMPACTING  STATE  SHALL  BE  REPRESENTED  BY  ONE MEMBER AS
 SELECTED BY THE COMPACTING STATE. EACH COMPACTING STATE SHALL  DETERMINE
 ITS MEMBER'S QUALIFICATIONS AND PERIOD OF SERVICE AND SHALL BE RESPONSI-
 BLE  FOR  ANY  ACTION  TO  REMOVE  OR  SUSPEND ITS MEMBER OR TO FILL THE
 MEMBER'S POSITION IF IT BECOMES VACANT. NOTHING IN THE COMPACT SHALL  BE
 CONSTRUED  TO AFFECT A COMPACTING STATE'S AUTHORITY REGARDING THE QUALI-
 FICATION, SELECTION, OR SERVICE OF ITS OWN MEMBER.
   § 4999-B. POWERS OF THE COMMISSION.   1. TO  ADOPT  BYLAWS  AND  RULES
 PURSUANT  TO  SECTIONS  FORTY-NINE  HUNDRED NINETY-NINE-D AND FORTY-NINE
 HUNDRED NINETY-NINE-C OF THIS ARTICLE, WHICH SHALL HAVE  THE  FORCE  AND
 EFFECT  OF  LAW  AND  SHALL  BE  BINDING IN THE COMPACTING STATES TO THE
 EXTENT AND IN THE MANNER PROVIDED IN THE COMPACT;
   2. TO RECEIVE AND REVIEW IN AN EXPEDITIOUS MANNER TREATMENTS AND THER-
 APEUTIC PROTOCOLS FOR THE CURE OF DISEASE SUBMITTED  TO  THE  COMMISSION
 AND TO AWARD PRIZES FOR SUBMISSIONS THAT MEET THE COMMISSION'S STANDARDS
 FOR A SUCCESSFUL CURE TREATMENT OR THERAPEUTIC PROTOCOL;
   3.  TO  MAKE WIDELY AVAILABLE A CURE TREATMENT OR THERAPEUTIC PROTOCOL
 UPON A PRIZE WINNER CLAIMING A PRIZE AND TRANSFERRING  ANY  INTELLECTUAL
 PROPERTY  NECESSARY  FOR THE MANUFACTURE AND DISTRIBUTION OF THE CURE IN
 ACCORDANCE WITH SUBDIVISION THREE OF SECTION FORTY-NINE HUNDRED  NINETY-
 NINE-E  OF  THIS  ARTICLE, INCLUDING BY ARRANGING OR CONTRACTING FOR THE
 MANUFACTURING, PRODUCTION, OR PROVISION OF ANY  DRUG,  SERUM,  OR  OTHER
 SUBSTANCE,  DEVICE,  OR  PROCESS,  PROVIDED THAT THE COMMISSION DOES NOT
 MARKET THE CURE OR CONDUCT ANY OTHER ACTIVITY  REGARDING  THE  CURE  NOT
 SPECIFICALLY AUTHORIZED IN THE COMPACT;
   4.  TO ESTABLISH A SELLING PRICE FOR THE CURE, WHICH SHALL BE NOT MORE
 THAN THE EXPENSES FOR THE CURE'S MANUFACTURING, DISTRIBUTION, LICENSING,
 AND ANY OTHER NECESSARY GOVERNMENTAL REQUIREMENTS FOR COMPACTING STATES,
 OR THOSE EXPENSES PLUS ANY ROYALTY FEES, FOR NONCOMPACTING  STATES;  THE
 PRICE SHALL NOT INCLUDE THE EXPENSES OF ANY OTHER ACTIVITIES;
   5.  IN  NON-COMPACTING  STATES AND FOREIGN COUNTRIES, TO ESTABLISH AND
 COLLECT ROYALTY FEES IMPOSED ON MANUFACTURERS, PRODUCERS, AND  PROVIDERS
 OF  ANY  DRUG,  SERUM, OR OTHER SUBSTANCE, DEVICE, OR PROCESS USED FOR A
 CURE TREATMENT OR THERAPEUTIC PROTOCOL, FOR WHICH A  PRIZE  IS  AWARDED;
 ROYALTY  FEES  MAY  BE  ADDED TO THE SALES PRICE OF THE CURE PURSUANT TO
 SUBDIVISION FOUR OF THIS SECTION; PROVIDED THAT THE ROYALTY  FEES  SHALL
 A. 7210                             3
 
 CUMULATIVELY  BE NOT MORE THAN THE ESTIMATED FIVE-YEAR SAVINGS IN PUBLIC
 HEALTH EXPENSES FOR THAT STATE OR COUNTRY, AS  CALCULATED  BY  ACTUARIES
 EMPLOYED OR CONTRACTED BY THE COMMISSION;
   6. TO DO THE FOLLOWING REGARDING THE COLLECTED ROYALTY FEES:
   A.  PAY OR REIMBURSE EXPENSES RELATED TO THE PAYMENT OF A PRIZE, WHICH
 SHALL INCLUDE EMPLOYING OR CONTRACTING  ACTUARIES  TO  CALCULATE  ANNUAL
 TAXPAYER  SAVINGS AMOUNTS IN COMPACTING STATES IN ACCORDANCE WITH SUBDI-
 VISION THREE OF SECTION FORTY-NINE HUNDRED NINETY-NINE-E OF  THIS  ARTI-
 CLE,  AND  PAYMENT  OF  INTEREST  AND  OTHER  EXPENSES RELATED TO A LOAN
 OBTAINED IN ACCORDANCE WITH  SUBDIVISION  THREE  OF  SECTION  FORTY-NINE
 HUNDRED NINETY-NINE-E OF THIS ARTICLE;
   B.  ANNUALLY  DISBURSE  ANY AMOUNTS REMAINING AFTER MAKING PAYMENTS OR
 REIMBURSEMENTS UNDER PARAGRAPH A  OF  THIS  SUBDIVISION  AS  REFUNDS  TO
 COMPACTING  STATES BASED ON THE PER CENT OF THE STATE'S PRIZE OBLIGATION
 IN RELATION TO THE TOTAL OBLIGATION AMOUNT OF ALL COMPACTING STATES;
   7. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN ITS NAME  AS
 THE COMMISSION;
   8.  TO  ISSUE  SUBPOENAS  REQUIRING  THE  ATTENDANCE  AND TESTIMONY OF
 WITNESSES AND THE PRODUCTION OF EVIDENCE;
   9. TO ESTABLISH AND MAINTAIN OFFICES;
   10. TO BORROW, ACCEPT, OR CONTRACT FOR PERSONNEL  SERVICES,  INCLUDING
 PERSONNEL SERVICES FROM EMPLOYEES OF A COMPACTING STATE;
   11.  TO  HIRE  EMPLOYEES,  PROFESSIONALS, OR SPECIALISTS, AND ELECT OR
 APPOINT OFFICERS, AND TO FIX THEIR COMPENSATION, DEFINE THEIR DUTIES AND
 GIVE THEM APPROPRIATE  AUTHORITY  TO  CARRY  OUT  THE  PURPOSES  OF  THE
 COMPACT,  AND  DETERMINE  THEIR  QUALIFICATIONS;  AND  TO  ESTABLISH THE
 COMMISSION'S PERSONNEL POLICIES AND PROGRAMS RELATING  TO,  AMONG  OTHER
 THINGS, CONFLICTS OF INTEREST, RATES OF COMPENSATION, AND QUALIFICATIONS
 OF PERSONNEL;
   12.  TO  ACCEPT ANY AND ALL APPROPRIATE DONATIONS AND GRANTS OF MONEY,
 EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES, AND TO  RECEIVE,  UTILIZE,
 AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL
 STRIVE TO AVOID ANY APPEARANCE OF IMPROPRIETY;
   13.  TO  LEASE, PURCHASE, OR ACCEPT APPROPRIATE GIFTS OR DONATIONS OF,
 OR OTHERWISE  TO  OWN,  HOLD,  IMPROVE,  OR  USE,  ANY  PROPERTY,  REAL,
 PERSONAL,  OR  MIXED;  PROVIDED,  THAT AT ALL TIMES THE COMMISSION SHALL
 STRIVE TO AVOID ANY APPEARANCE OF IMPROPRIETY;
   14. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE,  EXCHANGE,  ABANDON,  OR
 OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED;
   15.  TO MONITOR COMPACTING STATES FOR COMPLIANCE WITH THE COMMISSION'S
 BYLAWS AND RULES;
   16. TO ENFORCE COMPLIANCE BY COMPACTING STATES WITH  THE  COMMISSION'S
 BYLAWS AND RULES;
   17.  TO  PROVIDE  FOR  DISPUTE  RESOLUTION  AMONG COMPACTING STATES OR
 BETWEEN THE COMMISSION AND THOSE WHO SUBMIT TREATMENTS  AND  THERAPEUTIC
 PROTOCOLS FOR THE CURE OF DISEASE FOR CONSIDERATION;
   18. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   19. TO BORROW MONEY;
   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 MAY BE DESIGNATED BY THE COMMISSION;
   21. TO ESTABLISH ANNUAL MEMBERSHIP DUES FOR COMPACTING  STATES,  WHICH
 SHALL  BE USED FOR DAILY EXPENSES OF THE COMMISSION AND NOT FOR INTEREST
 OR PRIZE PAYMENTS;
   22. TO ADOPT AND USE A CORPORATE SEAL;
 A. 7210                             4
 
   23. TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
 TO ACHIEVE THE PURPOSES OF THIS ARTICLE.
   §  4999-C. MEETINGS AND VOTING.  1. THE COMMISSION SHALL MEET AND TAKE
 SUCH ACTIONS AS ARE CONSISTENT WITH THE COMPACT, BYLAWS, AND RULES.
   2. A MAJORITY OF THE MEMBERS OF  THE  COMMISSION  SHALL  CONSTITUTE  A
 QUORUM  NECESSARY  IN ORDER TO CONDUCT BUSINESS OR TAKE ACTIONS AT MEET-
 INGS OF THE COMMISSION.
   3. EACH MEMBER OF THE COMMISSION SHALL HAVE THE  RIGHT  AND  POWER  TO
 CAST ONE VOTE REGARDING MATTERS DETERMINED OR ACTIONS TO BE TAKEN BY THE
 COMMISSION.    EACH MEMBER SHALL HAVE THE RIGHT AND POWER TO PARTICIPATE
 IN THE BUSINESS AND AFFAIRS OF THE COMMISSION.
   4. A MEMBER SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED IN
 THE  COMMISSION'S  BYLAWS.  THE  COMMISSION'S  BYLAWS  MAY  PROVIDE  FOR
 MEMBERS' PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMU-
 NICATION.
   5.  THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD  AS  SET  FORTH  IN  THE  COMMISSION'S
 BYLAWS.
   6.  NO  DECISION  OF THE COMMISSION WITH RESPECT TO THE APPROVAL OF AN
 AWARD FOR A TREATMENT OR THERAPEUTIC PROCESS FOR THE CURE OF  A  DISEASE
 SHALL  BE  EFFECTIVE UNLESS TWO-THIRDS OF ALL THE MEMBERS OF THE COMMIS-
 SION VOTE IN FAVOR THEREOF.
   7. GUIDELINES AND VOTING REQUIREMENTS FOR ALL OTHER DECISIONS  OF  THE
 COMMISSION SHALL BE ESTABLISHED IN THE COMMISSION'S BYLAWS.
   § 4999-D. BYLAWS.  THE COMMISSION SHALL, BY A MAJORITY VOTE OF ALL THE
 MEMBERS OF THE COMMISSION, PRESCRIBE BYLAWS TO GOVERN ITS CONDUCT AS MAY
 BE  NECESSARY OR APPROPRIATE TO CARRY OUT THE PURPOSES, AND EXERCISE THE
 POWERS, OF THE COMPACT, INCLUDING, BUT NOT LIMITED TO:
   1. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
   2.  PROVIDING  REASONABLE  PROCEDURES  FOR  APPOINTING  AND   ELECTING
 MEMBERS, AS WELL AS HOLDING MEETINGS, OF THE MANAGEMENT COMMITTEE;
   3. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
   A. FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES;
   B.  GOVERNING  ANY  GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR
 FUNCTION OF THE COMMISSION; AND
   C. VOTING GUIDELINES AND PROCEDURES FOR COMMISSION DECISIONS.
   4. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEETINGS
 OF THE COMMISSION THAT SHALL CONSIST OF REQUIRING A QUORUM TO  BE  PRES-
 ENT, ENSURING REASONABLE ADVANCE NOTICE OF EACH SUCH MEETING AND PROVID-
 ING  FOR  THE RIGHT OF CITIZENS TO ATTEND EACH SUCH MEETING WITH ENUMER-
 ATED EXCEPTIONS DESIGNED  TO  PROTECT  THE  PUBLIC'S  INTEREST  AND  THE
 PRIVACY OF INDIVIDUALS.
   5.  PROVIDING A LIST OF MATTERS ABOUT WHICH THE COMMISSION MAY GO INTO
 EXECUTIVE SESSION AND REQUIRING A MAJORITY OF ALL MEMBERS OF THE COMMIS-
 SION VOTE TO ENTER INTO  SUCH  SESSION.  AS  SOON  AS  PRACTICABLE,  THE
 COMMISSION SHALL MAKE PUBLIC:
   A. A COPY OF THE VOTE TO GO INTO EXECUTIVE SESSION, REVEALING THE VOTE
 OF EACH MEMBER WITH NO PROXY VOTES ALLOWED; AND
   B.  THE  MATTER  REQUIRING  EXECUTIVE SESSION, WITHOUT IDENTIFYING THE
 ACTUAL ISSUES OR INDIVIDUALS INVOLVED.
   6. ESTABLISHING THE TITLES, DUTIES, AUTHORITY, AND  REASONABLE  PROCE-
 DURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
   7. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
 OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION.  NOTWITHSTAND-
 ING ANY CIVIL SERVICE OR OTHER SIMILAR LAWS OF ANY COMPACTING STATE, THE
 A. 7210                             5
 
 COMMISSION'S  BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND
 PROGRAMS OF THE COMMISSION;
   8. ALLOWING A MECHANISM FOR:
   A. THE FEDERAL GOVERNMENT TO JOIN AS A COMPACTING STATE; AND
   B.  FOREIGN  COUNTRIES  OR  SUBDIVISIONS OF THOSE COUNTRIES TO JOIN AS
 LIAISON MEMBERS BY ADOPTING THE COMPACT; PROVIDED  THAT  ADOPTING  COUN-
 TRIES  OR  SUBDIVISIONS SHALL NOT HAVE VOTING POWER OR THE POWER TO BIND
 THE COMMISSION IN ANY WAY.
   9. ADOPTING A CODE OF ETHICS TO  ADDRESS  PERMISSIBLE  AND  PROHIBITED
 ACTIVITIES OF MEMBERS AND EMPLOYEES;
   10.  PROVIDING  FOR  THE  MAINTENANCE  OF  THE  COMMISSION'S BOOKS AND
 RECORDS;
   11. GOVERNING THE ACCEPTANCE OF AND ACCOUNTING FOR  DONATIONS,  ANNUAL
 MEMBER  DUES,  AND OTHER SOURCES OF FUNDING AND ESTABLISHING THE PROPOR-
 TION OF THESE FUNDS TO BE ALLOCATED TO PRIZE AMOUNTS FOR TREATMENTS  AND
 THERAPEUTIC PROTOCOLS THAT CURE DISEASE;
   12.  GOVERNING  ANY FUNDRAISING EFFORTS IN WHICH THE COMMISSION WISHES
 TO ENGAGE; AND
   13. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF THE COMMIS-
 SION AND THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT  MAY  EXIST
 AFTER  THE TERMINATION OF THE COMPACT AFTER THE PAYMENT AND RESERVING OF
 ALL ITS DEBTS AND OBLIGATIONS.
   § 4999-E. RULES.   1. THE COMMISSION  SHALL  ADOPT  RULES  TO  DO  THE
 FOLLOWING:
   A. EFFECTIVELY AND EFFICIENTLY ACHIEVE THE PURPOSES OF THIS ARTICLE;
   B.  GOVERN  THE  METHODS,  PROCESSES,  AND  ANY  OTHER  ASPECT  OF THE
 RESEARCH, CREATION, AND TESTING OF A TREATMENT OR  THERAPEUTIC  PROTOCOL
 FOR EACH DISEASE FOR WHICH A PRIZE MAY BE AWARDED.
   2. THE COMMISSION SHALL ALSO ADOPT RULES ESTABLISHING THE CRITERIA FOR
 DEFINING AND CLASSIFYING THE DISEASES FOR WHICH PRIZES SHALL BE AWARDED.
 THE COMMISSION MAY DEFINE AND CLASSIFY SUBSETS OF DISEASES, FOR EXAMPLE,
 TUBULAR  CARCINOMA  OF THE BREAST. FOR PURPOSES OF PARAGRAPHS A AND C OF
 SUBDIVISION THREE OF THIS SECTION,  A  SUBSET  OF  A  DISEASE  SHALL  BE
 CONSIDERED  ONE  DISEASE.  THE  COMMISSION  MAY  CONSULT THE MOST RECENT
 EDITION OF THE INTERNATIONAL CLASSIFICATION OF DISEASE AS  PUBLISHED  BY
 THE  WORLD  HEALTH ORGANIZATION OR OTHER DEFINITIONS AGREED TO BY A TWO-
 THIRDS VOTE OF THE COMMISSION.
   3. THE COMMISSION SHALL ALSO ADOPT RULES REGARDING PRIZES  FOR  CURING
 DISEASES THAT ESTABLISH THE FOLLOWING:
   A. AT LEAST TEN MAJOR DISEASES FOR WHICH TO CREATE PRIZES, WHICH SHALL
 BE DETERMINED BASED ON THE FOLLOWING FACTORS:
   I.  THE SEVERITY OF THE DISEASE TO A HUMAN INDIVIDUAL'S OVERALL HEALTH
 AND WELL-BEING;
   II. THE SURVIVAL RATE OR SEVERITY OF IMPACT OF THE DISEASE;
   III. THE  PUBLIC  HEALTH  EXPENSES  AND  TREATMENT  EXPENSES  FOR  THE
 DISEASE.
   B. THE CRITERIA A TREATMENT OR THERAPEUTIC PROTOCOL MUST MEET IN ORDER
 TO BE CONSIDERED A CURE FOR ANY OF THE DISEASES FOR WHICH A PRIZE MAY BE
 AWARDED, WHICH SHALL INCLUDE THE FOLLOWING REQUIREMENTS:
   I.  IT MUST BE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION OR
 HAVE OTHERWISE OBTAINED LEGAL STATUS  FOR  THE  COMPACT  TO  IMMEDIATELY
 CONTRACT TO MANUFACTURE AND DISTRIBUTE IN THE UNITED STATES;
   II.  EXCEPT  AS  PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, IT MUST
 YIELD A SIGNIFICANT INCREASE IN SURVIVAL WITH RESPECT TO THE DISEASES IF
 EARLY DEATH IS THE USUAL OUTCOME;
 A. 7210                             6
 
   III. IT REQUIRES LESS THAN ONE YEAR OF THE TREATMENT  OR  PROTOCOL  TO
 COMPLETELY CURE THE DISEASE.
   C.  THE  PROCEDURE  FOR  DETERMINING  THE  DISEASES FOR WHICH TO AWARD
 PRIZES, WHICH INCLUDES THE OPTION TO AWARD  PRIZES  FOR  MORE  THAN  TEN
 DISEASES  THAT  MEET THE ABOVE CRITERIA, IF AGREED TO BY TWO-THIRDS VOTE
 OF THE COMMISSION, AND A REQUIREMENT TO  UPDATE  THE  LIST  EVERY  THREE
 YEARS.
   D.  THE SUBMISSION AND EVALUATION PROCEDURES AND GUIDELINES, INCLUDING
 FILING AND REVIEW PROCEDURES, A REQUIREMENT THAT THE  PERSON  OR  ENTITY
 SUBMITTING  THE CURE BEARS THE BURDEN OF PROOF IN DEMONSTRATING THAT THE
 TREATMENT OR THERAPEUTIC PROTOCOL MEETS THE ABOVE CRITERIA, AND  LIMITA-
 TIONS PREVENTING PUBLIC ACCESS TO TREATMENT OR PROTOCOL SUBMISSIONS.
   E.  THE  ESTIMATED  FIVE-YEAR  PUBLIC HEALTH SAVINGS THAT WOULD RESULT
 FROM A CURE, WHICH  SHALL  BE  EQUAL  TO  THE  FIVE-YEAR  PUBLIC  HEALTH
 EXPENSES  FOR  EACH DISEASE IN EACH COMPACTING STATE, AND A PROCEDURE TO
 UPDATE THESE EXPENSES EVERY THREE YEARS IN CONJUNCTION WITH THE REQUIRE-
 MENTS IN PARAGRAPH C OF THIS SUBDIVISION. THE ESTIMATED FIVE-YEAR PUBLIC
 HEALTH SAVINGS AMOUNT SHALL BE  CALCULATED,  ESTIMATED,  AND  PUBLICIZED
 EVERY THREE YEARS BY ACTUARIES EMPLOYED OR CONTRACTED BY THE COMMISSION.
   F.  THE  PRIZE  AMOUNT  WITH  RESPECT TO CURES FOR EACH DISEASE, WHICH
 SHALL BE EQUAL TO THE MOST RECENT ESTIMATED TOTAL FIVE-YEAR  SAVINGS  IN
 PUBLIC  HEALTH  EXPENSES FOR THE DISEASE AS CALCULATED IN PARAGRAPH E OF
 THIS SUBDIVISION IN ALL OF THE COMPACTING  STATES;  AMOUNTS  DONATED  BY
 CHARITIES,  INDIVIDUALS,  AND  ANY OTHER ENTITIES INTENDED FOR THE PRIZE
 UNDER THIS ARTICLE; AND ANY OTHER  FACTORS  THAT  THE  COMMISSION  DEEMS
 APPROPRIATE.
   G.  THE  PRIZE  DISTRIBUTION  PROCEDURES  AND  GUIDELINES, WHICH SHALL
 INCLUDE THE FOLLOWING REQUIREMENTS:
   I. UPON ACCEPTANCE OF A CURE, THE PRIZE WINNER SHALL TRANSFER  TO  THE
 COMMISSION  THE  PATENT  AND  ALL  RELATED INTELLECTUAL PROPERTY FOR THE
 MANUFACTURE AND DISTRIBUTION OF THE TREATMENT OR THERAPEUTIC PROTOCOL IN
 EXCHANGE FOR THE PRIZE, EXCEPT IN THE  CASE  THAT  THE  PRIZE  MONEY  IS
 CONSIDERED  BY  THE  COMMISSION  TO BE TOO LOW, AND THAT A PRIZE WILL BE
 AWARDED ONLY TO THE FIRST PERSON OR ENTITY  THAT  SUBMITS  A  SUCCESSFUL
 CURE FOR A DISEASE FOR WHICH A PRIZE MAY BE AWARDED.
   II.  DONATION  AMOUNTS INTENDED FOR THE PRIZE SHALL BE KEPT IN A SEPA-
 RATE,  INTEREST-BEARING  ACCOUNT  MAINTAINED  BY  THE  COMMISSION.  THIS
 ACCOUNT SHALL BE THE ONLY ACCOUNT IN WHICH PRIZE MONEY IS KEPT.
   III.  EACH COMPACTING STATE SHALL HAVE THE RESPONSIBILITY TO PAY ANNU-
 ALLY THE COMPACTING STATE'S ACTUAL ONE-YEAR  SAVINGS  IN  PUBLIC  HEALTH
 EXPENSES  FOR THE PARTICULAR DISEASE FOR WHICH A CURE HAS BEEN ACCEPTED.
 THE COMPACTING STATE SHALL MAKE SUCH AN  ANNUAL  PAYMENT  UNTIL  IT  HAS
 FULFILLED ITS PRIZE RESPONSIBILITY AS ESTABLISHED IN PARAGRAPH F OF THIS
 SUBDIVISION.  EACH  COMPACTING STATE'S PAYMENT RESPONSIBILITY BEGINS ONE
 YEAR AFTER THE DATE THE CURE BECOMES WIDELY  AVAILABLE.  THE  COMMISSION
 SHALL EMPLOY OR CONTRACT WITH ACTUARIES TO CALCULATE EACH STATE'S ACTUAL
 ONE-YEAR  SAVINGS  IN  PUBLIC HEALTH EXPENSES AT THE END OF EACH YEAR TO
 DETERMINE EACH STATE'S RESPONSIBILITY FOR THE SUCCEEDING YEAR.
   IV. COMPACTING STATES MAY MEET PRIZE RESPONSIBILITIES  BY  ANY  METHOD
 INCLUDING THE ISSUANCE OF BONDS OR OTHER OBLIGATIONS, WITH THE PRINCIPAL
 AND INTEREST OF THOSE BONDS OR OBLIGATIONS TO BE REPAID ONLY FROM REVEN-
 UE DERIVED FROM ESTIMATED PUBLIC HEALTH EXPENSE SAVINGS FROM A CURE TO A
 DISEASE. IF THE COMPACTING STATE DOES NOT MAKE SUCH REVENUE AVAILABLE TO
 REPAY SOME OR ALL OF THE REVENUE BONDS OR OBLIGATIONS ISSUED, THE OWNERS
 OR  HOLDERS  OF THOSE BONDS OR OBLIGATIONS HAVE NO RIGHT TO HAVE EXCISES
 A. 7210                             7
 
 OR TAXES LEVIED TO PAY THE PRINCIPAL OR INTEREST ON  THEM.  THE  REVENUE
 BONDS AND OBLIGATIONS ARE NOT A DEBT OF THE ISSUING COMPACTING STATE.
   V.  A  COMPACTING STATE MAY ISSUE BONDS OR OTHER DEBT THAT ARE GENERAL
 OBLIGATIONS, UNDER WHICH THE FULL FAITH AND CREDIT, REVENUE, AND  TAXING
 POWER  OF  THE  STATE IS PLEDGED TO PAY THE PRINCIPAL AND INTEREST UNDER
 THOSE OBLIGATIONS, ONLY IF AUTHORIZED BY THE COMPACTING STATE'S  CONSTI-
 TUTION OR, IF CONSTITUTIONAL AUTHORIZATION IS NOT REQUIRED, BY OTHER LAW
 OF THE COMPACTING STATE.
   VI. UPON ACCEPTANCE OF A CURE, THE COMMISSION SHALL OBTAIN A LOAN FROM
 A  FINANCIAL  INSTITUTION IN AN AMOUNT EQUAL TO THE MOST RECENTLY CALCU-
 LATED TOTAL ESTIMATED FIVE-YEAR PUBLIC HEALTH EXPENSES FOR  THE  DISEASE
 IN  ALL COMPACTING STATES, IN ACCORDANCE WITH PARAGRAPH F OF THIS SUBDI-
 VISION. THE COMMISSION RESERVES THE RIGHT TO CONTINUOUSLY  EVALUATE  THE
 CURE  IN  THE  INTERIM AND RESCIND A PRIZE OFFER IF THE COMMISSION FINDS
 THAT THE CURE NO LONGER MEETS THE COMMISSION'S CRITERIA.
   4. THE COMMISSION MAY AWARD A PRIZE FOR  A  TREATMENT  OR  THERAPEUTIC
 PROTOCOL  THAT  YIELDS  A SURVIVAL RATE THAT IS LESS THAN WHAT IS ESTAB-
 LISHED IN THE CURE CRITERIA THROUGH AT LEAST FIVE YEARS AFTER THE TREAT-
 MENT OR PROTOCOL HAS ENDED. IN THAT CASE, THE PRIZE AMOUNT  AWARDED  FOR
 THAT  TREATMENT  OR THERAPEUTIC PROTOCOL SHALL BE REDUCED FROM THE PRIZE
 AMOUNT ORIGINALLY DETERMINED BY THE  COMMISSION  FOR  A  CURE  FOR  THAT
 DISEASE.  THE  REDUCTION  SHALL  BE  IN  PROPORTION TO THE SURVIVAL RATE
 YIELDED BY THAT TREATMENT OR PROTOCOL AS COMPARED TO THE  SURVIVAL  RATE
 ESTABLISHED IN THE CURE CRITERIA.
   5. THE COMMISSION ALSO SHALL ADOPT RULES THAT DO THE FOLLOWING:
   A. ESTABLISH THE FOLLOWING REGARDING COMMISSION RECORDS:
   I.  CONDITIONS AND PROCEDURES FOR PUBLIC INSPECTION AND COPYING OF ITS
 INFORMATION AND OFFICIAL RECORDS, EXCEPT SUCH  INFORMATION  AND  RECORDS
 INVOLVING  THE PRIVACY OF INDIVIDUALS OR WOULD OTHERWISE VIOLATE PRIVACY
 LAWS UNDER FEDERAL LAW AND THE LAWS OF THE COMPACTING STATES;
   II. PROCEDURES FOR SHARING WITH FEDERAL AND STATE AGENCIES,  INCLUDING
 LAW  ENFORCEMENT AGENCIES, RECORDS AND INFORMATION OTHERWISE EXEMPT FROM
 DISCLOSURE;
   III. GUIDELINES FOR ENTERING INTO AGREEMENTS WITH  FEDERAL  AND  STATE
 AGENCIES  TO  RECEIVE  OR  EXCHANGE  INFORMATION  OR  RECORDS SUBJECT TO
 NONDISCLOSURE AND CONFIDENTIALITY PROVISIONS.
   B. PROVIDE A PROCESS FOR COMMISSION REVIEW OF SUBMITTED TREATMENTS AND
 THERAPEUTIC PROTOCOLS FOR CURING DISEASES THAT INCLUDES THE FOLLOWING:
   I. AN OPPORTUNITY FOR AN APPEAL, NOT LATER THAN THIRTY  DAYS  AFTER  A
 REJECTION  OF  A  TREATMENT  OR  PROTOCOL  FOR PRIZE CONSIDERATION, TO A
 REVIEW PANEL ESTABLISHED UNDER THE COMMISSION'S DISPUTE RESOLUTION PROC-
 ESS;
   II. COMMISSION MONITORING AND REVIEW OF TREATMENT AND PROTOCOL  EFFEC-
 TIVENESS CONSISTENT WITH THE CURE CRITERIA ESTABLISHED BY THE COMMISSION
 FOR THE PARTICULAR DISEASE;
   III.   COMMISSION  RECONSIDERATION,  MODIFICATION,  OR  WITHDRAWAL  OF
 APPROVAL OF A TREATMENT OR PROTOCOL FOR PRIZE CONSIDERATION FOR  FAILURE
 TO  CONTINUE TO MEET THE CURE CRITERIA ESTABLISHED BY THE COMMISSION FOR
 THE PARTICULAR DISEASE.
   C. ESTABLISH A DISPUTE RESOLUTION PROCESS TO RESOLVE DISPUTES OR OTHER
 ISSUES UNDER THE COMPACT THAT MAY ARISE BETWEEN TWO OR  MORE  COMPACTING
 STATES  OR BETWEEN THE COMMISSION AND INDIVIDUALS OR ENTITIES WHO SUBMIT
 TREATMENTS AND THERAPEUTIC PROTOCOLS TO  CURE  DISEASES,  WHICH  PROCESS
 SHALL PROVIDE FOR:
   I.  ADMINISTRATIVE  REVIEW  BY A REVIEW PANEL APPOINTED BY THE COMMIS-
 SION;
 A. 7210                             8

   II. JUDICIAL  REVIEW  OF  DECISIONS  ISSUED  AFTER  AN  ADMINISTRATIVE
 REVIEW; AND
   III.  QUALIFICATIONS  TO BE APPOINTED TO A PANEL, DUE PROCESS REQUIRE-
 MENTS, INCLUDING NOTICE AND HEARING PROCEDURES, AND ANY OTHER PROCEDURE,
 REQUIREMENT, OR STANDARD NECESSARY TO PROVIDE  ADEQUATE  DISPUTE  RESOL-
 UTION.
   D. ESTABLISH AND IMPOSE ANNUAL MEMBER DUES ON COMPACTING STATES, WHICH
 SHALL  BE  CALCULATED BASED ON THE PERCENTAGE OF EACH COMPACTING STATE'S
 POPULATION IN RELATION TO THE POPULATION OF ALL THE COMPACTING STATES.
   6. RECOGNIZING THAT THE GOAL OF THE COMPACT IS TO POOL  THE  POTENTIAL
 SAVINGS  OF  AS MANY STATES AND COUNTRIES AS POSSIBLE TO GENERATE SUFFI-
 CIENT FINANCIAL INCENTIVE TO DEVELOP A CURE FOR MANY OF THE WORLD'S MOST
 DEVASTATING DISEASES, THE COMPACT WILL RESPECT THE LAWS OF EACH  OF  THE
 UNITED  STATES  BY  ADOPTING  RULES THAT ESTABLISH ETHICAL STANDARDS FOR
 RESEARCH THAT SHALL BE FOLLOWED IN ORDER FOR A PRIZE TO BE CLAIMED.  THE
 COMPACT, IN THE RULES, SHALL ESTABLISH A COMMON SET OF ETHICAL STANDARDS
 THAT EMBODIES THE LAWS AND RESTRICTIONS IN EACH OF THE STATES SO THAT TO
 BE  ELIGIBLE  FOR CLAIMING A PRIZE THE ENTITY SUBMITTING A CURE MUST NOT
 HAVE VIOLATED ANY OF THE ETHICAL STANDARDS  IN  ANY  ONE  OF  THE  FIFTY
 STATES,  WHETHER  THE STATES HAVE JOINED THE COMPACT OR NOT. THE COMPACT
 WILL PUBLISH THESE COMMON ETHICAL  STANDARDS  ALONG  WITH  THE  SPECIFIC
 CRITERIA  FOR  A CURE FOR EACH OF THE DISEASES THE COMPACT HAS TARGETED.
 SO LONG AS A RESEARCHER FOLLOWS THE COMMON ETHICAL STANDARDS  IN  EFFECT
 AT  THE  TIME  THE RESEARCH IS DONE, AN ENTITY PRESENTING A CURE WILL BE
 DEEMED TO HAVE FOLLOWED THE STANDARDS. ON OR  BEFORE  JANUARY  FIRST  OF
 EACH YEAR, THE COMPACT SHALL REVIEW ALL STATE LAWS TO DETERMINE IF ADDI-
 TIONAL  ETHICAL  STANDARDS  HAVE BEEN ENACTED BY ANY OF THE FIFTY STATES
 AND THE FEDERAL GOVERNMENT. ANY CHANGES TO THE COMMON ETHICAL  STANDARDS
 RULES  BASED  ON  NEW  STATE  LAWS SHALL BE ADOPTED AND PUBLISHED BY THE
 COMPACT, BUT SHALL NOT TAKE EFFECT IN CURE  CRITERIA  FOR  A  PERIOD  OF
 THREE YEARS TO ALLOW FOR SUFFICIENT NOTICE TO RESEARCHERS.
   7. ALL RULES MAY BE AMENDED AS THE COMMISSION SEES NECESSARY.
   8.  ALL  RULES  SHALL BE ADOPTED PURSUANT TO A RULEMAKING PROCESS THAT
 CONFORMS TO THE MODEL STATE ADMINISTRATIVE PROCEDURE ACT OF 1981 BY  THE
 UNIFORM  LAW  COMMISSIONERS,  AS  AMENDED,  AS MAY BE APPROPRIATE TO THE
 OPERATIONS OF THE COMMISSION.
   9. IN THE EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A
 MANNER THAT IS BEYOND THE SCOPE OF THE PURPOSE OF THIS ARTICLE,  OR  THE
 POWERS  GRANTED  HEREUNDER,  THEN SUCH RULE SHALL BE INVALID AND HAVE NO
 FORCE AND EFFECT.
   § 4999-F. COMMITTEES.  A. THE COMMISSION MAY  ESTABLISH  A  MANAGEMENT
 COMMITTEE  COMPRISED  OF  NOT MORE THAN FOURTEEN MEMBERS WHEN TWENTY-SIX
 STATES ENACT THE COMPACT.
   B. THE COMMITTEE SHALL CONSIST OF THOSE MEMBERS REPRESENTING  COMPACT-
 ING  STATES WHOSE TOTAL PUBLIC HEALTH EXPENSES OF ALL OF THE ESTABLISHED
 DISEASES ARE THE HIGHEST.
   C. THE COMMITTEE SHALL HAVE SUCH AUTHORITY AND DUTIES AS  MAY  BE  SET
 FORTH IN THE COMMISSION'S BYLAWS AND RULES, INCLUDING:
   I. MANAGING AUTHORITY OVER THE DAY-TO-DAY AFFAIRS OF THE COMMISSION IN
 A  MANNER  CONSISTENT  WITH  THE  COMMISSION'S  BYLAWS AND RULES AND THE
 PURPOSES OF THE COMPACT;
   II. OVERSEEING THE OFFICES OF THE COMMISSION; AND
   III.  PLANNING,  IMPLEMENTING,  AND  COORDINATING  COMMUNICATIONS  AND
 ACTIVITIES  WITH  STATE,  FEDERAL, AND LOCAL GOVERNMENT ORGANIZATIONS IN
 ORDER TO ADVANCE THE GOALS OF THE COMPACT.
 A. 7210                             9
 
   D. THE COMMISSION ANNUALLY SHALL ELECT  OFFICERS  FOR  THE  COMMITTEE,
 WITH  EACH  HAVING  SUCH AUTHORITY AND DUTIES AS MAY BE SPECIFIED IN THE
 COMMISSION'S BYLAWS AND RULES.
   E.  THE  MANAGEMENT  COMMITTEE,  SUBJECT  TO  COMMISSION APPROVAL, MAY
 APPOINT OR RETAIN AN EXECUTIVE DIRECTOR FOR SUCH PERIOD, UPON SUCH TERMS
 AND CONDITIONS, AND FOR SUCH COMPENSATION AS THE  COMMITTEE  DETERMINES.
 THE  EXECUTIVE  DIRECTOR SHALL SERVE AS SECRETARY TO THE COMMISSION, BUT
 SHALL NOT BE A MEMBER OF THE COMMISSION. THE  EXECUTIVE  DIRECTOR  SHALL
 HIRE  AND SUPERVISE SUCH OTHER STAFF AS MAY BE AUTHORIZED BY THE COMMIT-
 TEE.
   2. THE COMMISSION MAY APPOINT ADVISORY COMMITTEES TO MONITOR ALL OPER-
 ATIONS RELATED TO THE PURPOSES OF THE COMPACT AND  MAKE  RECOMMENDATIONS
 TO THE COMMISSION; PROVIDED THAT THE MANNER OF SELECTION AND TERM OF ANY
 COMMITTEE  MEMBER  SHALL  BE AS SET FORTH IN THE COMMISSION'S BYLAWS AND
 RULES. THE COMMISSION SHALL CONSULT WITH AN ADVISORY COMMITTEE,  TO  THE
 EXTENT REQUIRED BY THE COMMISSION'S BYLAWS OR RULES, BEFORE DOING ANY OF
 THE FOLLOWING:
   A. APPROVING CURE CRITERIA;
   B. AMENDING, ENACTING, OR REPEALING ANY BYLAW OR RULE;
   C. ADOPTING THE COMMISSION'S ANNUAL BUDGET;
   D. ADDRESSING ANY OTHER SIGNIFICANT MATTER OR TAKING ANY OTHER SIGNIF-
 ICANT ACTION.
   § 4999-G. FINANCE.  1. THE COMMISSION ANNUALLY SHALL ESTABLISH A BUDG-
 ET TO PAY OR PROVIDE FOR THE PAYMENT OF ITS REASONABLE EXPENSES. TO FUND
 THE  COST OF INITIAL OPERATIONS, THE COMMISSION MAY ACCEPT CONTRIBUTIONS
 AND OTHER FORMS OF FUNDING FROM THE COMPACTING STATES AND OTHER SOURCES.
 CONTRIBUTIONS AND OTHER FORMS OF FUNDING FROM OTHER SOURCES SHALL BE  OF
 SUCH  A  NATURE  THAT  THE INDEPENDENCE OF THE COMMISSION CONCERNING THE
 PERFORMANCE OF ITS DUTIES SHALL NOT BE COMPROMISED.
   2. THE COMMISSION SHALL BE EXEMPT FROM ALL  TAXATION  IN  AND  BY  THE
 COMPACTING STATES.
   3.  THE COMMISSION SHALL KEEP COMPLETE AND ACCURATE ACCOUNTS OF ALL OF
 ITS INTERNAL RECEIPTS, INCLUDING GRANTS AND DONATIONS, AND DISBURSEMENTS
 OF ALL FUNDS UNDER ITS CONTROL. THE INTERNAL FINANCIAL ACCOUNTS  OF  THE
 COMMISSION  SHALL  BE  SUBJECT  TO THE ACCOUNTING PROCEDURES ESTABLISHED
 UNDER THE COMMISSION'S BYLAWS  OR  RULES.  THE  FINANCIAL  ACCOUNTS  AND
 REPORTS  INCLUDING THE SYSTEM OF INTERNAL CONTROLS AND PROCEDURES OF THE
 COMMISSION SHALL BE AUDITED ANNUALLY BY AN INDEPENDENT CERTIFIED  PUBLIC
 ACCOUNTANT.  UPON  THE  DETERMINATION  OF  THE  COMMISSION, BUT NOT LESS
 FREQUENTLY THAN EVERY THREE YEARS, THE REVIEW OF THE INDEPENDENT AUDITOR
 SHALL INCLUDE A MANAGEMENT AND PERFORMANCE AUDIT OF THE COMMISSION.  THE
 COMMISSION SHALL MAKE AN ANNUAL REPORT TO THE GOVERNORS AND LEGISLATURES
 OF  THE COMPACTING STATES, WHICH SHALL INCLUDE A REPORT OF THE INDEPEND-
 ENT AUDIT. THE COMMISSION'S INTERNAL ACCOUNTS SHALL NOT BE  CONFIDENTIAL
 AND  SUCH MATERIALS MAY BE SHARED WITH ANY COMPACTING STATE UPON REQUEST
 PROVIDED, HOWEVER, THAT ANY WORK PAPERS RELATED TO ANY INTERNAL OR INDE-
 PENDENT AUDIT AND ANY INFORMATION  SUBJECT  TO  THE  COMPACTING  STATES'
 PRIVACY LAWS, SHALL REMAIN CONFIDENTIAL.
   4.  NO COMPACTING STATE SHALL HAVE ANY CLAIM OR OWNERSHIP OF ANY PROP-
 ERTY HELD BY OR VESTED IN THE COMMISSION OR TO ANY COMMISSION FUNDS HELD
 PURSUANT TO THE PROVISIONS OF THE COMPACT.
   § 4999-H. RECORDS.  EXCEPT AS TO PRIVILEGED RECORDS, DATA, AND  INFOR-
 MATION,  THE  LAWS OF ANY COMPACTING STATE PERTAINING TO CONFIDENTIALITY
 OR NONDISCLOSURE SHALL NOT RELIEVE ANY MEMBER OF THE  DUTY  TO  DISCLOSE
 ANY  RELEVANT RECORDS, DATA, OR INFORMATION TO THE COMMISSION; PROVIDED,
 THAT DISCLOSURE TO THE COMMISSION SHALL NOT BE DEEMED TO WAIVE OR OTHER-
 A. 7210                            10
 
 WISE AFFECT ANY CONFIDENTIALITY REQUIREMENT; AND FURTHER PROVIDED, THAT,
 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE  COMPACT,  THE  COMMISSION
 SHALL NOT BE SUBJECT TO THE COMPACTING STATE'S LAWS PERTAINING TO CONFI-
 DENTIALITY AND NONDISCLOSURE WITH RESPECT TO RECORDS, DATA, AND INFORMA-
 TION IN ITS POSSESSION. CONFIDENTIAL INFORMATION OF THE COMMISSION SHALL
 REMAIN  CONFIDENTIAL  AFTER  SUCH INFORMATION IS PROVIDED TO ANY MEMBER.
 ALL CURE SUBMISSIONS RECEIVED BY THE COMMISSION ARE CONFIDENTIAL.
   § 4999-I. COMPLIANCE.  THE COMMISSION SHALL NOTIFY A COMPACTING  STATE
 IN  WRITING  OF ANY NONCOMPLIANCE WITH COMMISSION BYLAWS AND RULES. IF A
 COMPACTING STATE FAILS TO REMEDY ITS NONCOMPLIANCE WITHIN THE TIME SPEC-
 IFIED IN THE NOTICE, THE COMPACTING STATE  SHALL  BE  DEEMED  TO  BE  IN
 DEFAULT AS SET FORTH IN SECTION FORTY-NINE HUNDRED NINETY-NINE-M OF THIS
 ARTICLE.
   § 4999-J. VENUE.  VENUE FOR ANY JUDICIAL PROCEEDINGS BY OR AGAINST THE
 COMMISSION SHALL BE BROUGHT IN THE APPROPRIATE COURT OF COMPETENT JURIS-
 DICTION  FOR  THE GEOGRAPHICAL AREA IN WHICH THE PRINCIPAL OFFICE OF THE
 COMMISSION IS LOCATED.
   § 4999-K. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.    1.  THE
 MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES, AND REPRESENTATIVES OF
 THE   COMMISSION  SHALL  BE  IMMUNE  FROM  SUIT  AND  LIABILITY,  EITHER
 PERSONALLY OR IN THEIR 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  ANY 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 SECTION SHALL BE
 CONSTRUED TO PROTECT ANY SUCH PERSON FROM  SUIT  OR  LIABILITY  FOR  ANY
 DAMAGE,  LOSS, INJURY, OR LIABILITY CAUSED BY THE INTENTIONAL OR WILLFUL
 AND WANTON MISCONDUCT OF THAT PERSON.
   2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER,  EXECUTIVE  DIREC-
 TOR,  EMPLOYEE,  OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL ACTION
 SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL  OR  ALLEGED  ACT,
 ERROR,  OR  OMISSION  THAT  OCCURRED  WITHIN  THE  SCOPE OF THE PERSON'S
 COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES, OR THAT SUCH  PERSON
 HAD  A  REASONABLE  BASIS  FOR  BELIEVING  OCCURRED  WITHIN THE SCOPE OF
 COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED, THAT NOTH-
 ING IN THE COMPACT OR COMMISSION BYLAWS OR RULES SHALL BE  CONSTRUED  TO
 PROHIBIT THAT PERSON FROM RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED
 FURTHER,  THAT  THE  ACTUAL  OR  ALLEGED ACT, ERROR, OR OMISSION DID NOT
 RESULT FROM THAT PERSON'S INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT.
   3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER,  OFFI-
 CER,  EXECUTIVE  DIRECTOR, EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION
 FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THE PERSON
 ARISING OUT OF ANY ACTUAL  OR  ALLEGED  ACT,  ERROR,  OR  OMISSION  THAT
 OCCURRED WITHIN THE SCOPE OF THE PERSON'S COMMISSION EMPLOYMENT, DUTIES,
 OR  RESPONSIBILITIES,  OR  THAT  SUCH  PERSON HAD A REASONABLE BASIS FOR
 BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR
 RESPONSIBILITIES; PROVIDED, THAT THE ACTUAL OR ALLEGED  ACT,  ERROR,  OR
 OMISSION,  DID  NOT  RESULT  FROM  THE INTENTIONAL OR WILLFUL AND WANTON
 MISCONDUCT OF THAT PERSON.
   § 4999-L. COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT.    1.  ANY
 STATE IS ELIGIBLE TO BECOME A COMPACTING STATE.
   2.  THE  COMPACT  SHALL  BECOME EFFECTIVE AND BINDING UPON LEGISLATIVE
 ENACTMENT OF THE COMPACT INTO LAW BY TWO  COMPACTING  STATES;  PROVIDED,
 THE  COMMISSION  SHALL  ONLY  BE  ESTABLISHED  AFTER  SIX  STATES BECOME
 COMPACTING STATES. THEREAFTER, THE COMPACT SHALL  BECOME  EFFECTIVE  AND
 A. 7210                            11
 
 BINDING  AS  TO ANY OTHER COMPACTING STATE UPON ENACTMENT OF THE COMPACT
 INTO LAW BY THAT STATE.
   3.  AMENDMENTS  TO  THE  COMPACT MAY BE PROPOSED BY THE COMMISSION FOR
 ENACTMENT BY THE COMPACTING STATES. NO AMENDMENT SHALL BECOME  EFFECTIVE
 AND BINDING UNTIL ALL COMPACTING STATES ENACT THE AMENDMENT INTO LAW.
   4.  IF  FUNDING IS REQUESTED OR REQUIRED, THE LEGISLATIVE AUTHORITY OF
 EACH COMPACTING STATE SHALL BE RESPONSIBLE FOR MAKING THE APPROPRIATIONS
 IT DETERMINES NECESSARY TO PAY FOR THE COSTS OF THE  COMPACT,  INCLUDING
 ANNUAL MEMBER DUES AND PRIZE DISTRIBUTIONS.
   §  4999-M.  WITHDRAWAL, DEFAULT, AND EXPULSION.  1. A. ONCE EFFECTIVE,
 THE COMPACT SHALL CONTINUE IN FORCE AND REMAIN  BINDING  UPON  EACH  AND
 EVERY  COMPACTING  STATE; PROVIDED, THAT A COMPACTING STATE MAY WITHDRAW
 FROM THE COMPACT BY DOING BOTH OF THE FOLLOWING:
   I. REPEALING THE LAW ENACTING THE COMPACT IN THAT STATE;
   II. NOTIFYING THE COMMISSION IN WRITING OF THE INTENT TO WITHDRAW ON A
 DATE THAT IS BOTH OF THE FOLLOWING:
   A. AT LEAST THREE YEARS AFTER THE DATE THE NOTICE IS SENT;
   B. AFTER THE REPEAL TAKES EFFECT.
   B. THE EFFECTIVE DATE OF WITHDRAWAL IS THE DATE DESCRIBED IN  SUBPARA-
 GRAPH II OF PARAGRAPH A OF THIS SUBDIVISION.
   C.  THE  MEMBER  REPRESENTING  THE WITHDRAWING STATE SHALL IMMEDIATELY
 NOTIFY THE MANAGEMENT COMMITTEE IN  WRITING  UPON  THE  INTRODUCTION  OF
 LEGISLATION IN THAT STATE REPEALING THE COMPACT. IF A MANAGEMENT COMMIT-
 TEE  HAS  NOT  BEEN ESTABLISHED, THE MEMBER SHALL IMMEDIATELY NOTIFY THE
 COMMISSION.
   D. THE COMMISSION OR MANAGEMENT COMMITTEE, AS APPLICABLE, SHALL NOTIFY
 THE OTHER COMPACTING STATES OF  THE  INTRODUCTION  OF  SUCH  LEGISLATION
 WITHIN TEN DAYS AFTER ITS RECEIPT OF NOTICE THEREOF.
   E.  THE  WITHDRAWING  STATE IS RESPONSIBLE FOR ALL OBLIGATIONS, DUTIES
 AND LIABILITIES INCURRED  THROUGH  THE  EFFECTIVE  DATE  OF  WITHDRAWAL,
 INCLUDING  ANY  OBLIGATIONS,  THE PERFORMANCE OF WHICH EXTEND BEYOND THE
 EFFECTIVE DATE OF WITHDRAWAL. THE COMMISSION'S ACTIONS SHALL CONTINUE TO
 BE EFFECTIVE AND BE GIVEN FULL  FORCE  AND  EFFECT  IN  THE  WITHDRAWING
 STATE.
   F. REINSTATEMENT FOLLOWING A STATE'S WITHDRAWAL SHALL BECOME EFFECTIVE
 UPON  THE  EFFECTIVE  DATE OF THE SUBSEQUENT ENACTMENT OF THE COMPACT BY
 THAT STATE.
   2. 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 BY THIS  ARTICLE  ON  THE  DEFAULTING
 STATE  SHALL BE SUSPENDED FROM THE EFFECTIVE DATE OF DEFAULT AS FIXED BY
 THE COMMISSION. THE GROUNDS FOR DEFAULT INCLUDE FAILURE OF A  COMPACTING
 STATE  TO  PERFORM  ITS  OBLIGATIONS  OR RESPONSIBILITIES, AND ANY OTHER
 GROUNDS DESIGNATED IN COMMISSION RULES. THE COMMISSION SHALL IMMEDIATELY
 NOTIFY THE DEFAULTING STATE IN WRITING OF THE SUSPENSION PENDING CURE OF
 THE DEFAULT. THE COMMISSION SHALL STIPULATE THE CONDITIONS AND THE  TIME
 PERIOD  WITHIN WHICH THE DEFAULTING STATE SHALL CURE ITS DEFAULT. IF THE
 DEFAULTING STATE FAILS TO CURE THE DEFAULT WITHIN THE TIME PERIOD SPECI-
 FIED BY THE COMMISSION, THE DEFAULTING STATE SHALL BE EXPELLED FROM  THE
 COMPACT  AND  ALL  RIGHTS,  PRIVILEGES,  AND  BENEFITS  CONFERRED BY THE
 COMPACT SHALL BE TERMINATED FROM THE EFFECTIVE DATE  OF  THE  EXPULSION.
 ANY STATE THAT IS EXPELLED FROM THE COMPACT SHALL BE LIABLE FOR ANY CURE
 PRIZE  OR PRIZES FOR THREE YEARS AFTER ITS REMOVAL. THE COMMISSION SHALL
 ALSO TAKE APPROPRIATE LEGAL ACTION TO ENSURE THAT ANY  COMPACTING  STATE
 A. 7210                            12

 THAT  WITHDRAWS FROM THE COMPACT REMAINS LIABLE FOR PAYING ITS RESPONSI-
 BILITY TOWARDS A PRIZE FOR A CURE THAT WAS ACCEPTED WHILE THE COMPACTING
 STATE WAS A MEMBER OF THE COMMISSION.
   B.  THE  EXPELLED  STATE MUST REENACT THE COMPACT IN ORDER TO BECOME A
 COMPACTING STATE.
   3. A. THE COMPACT DISSOLVES EFFECTIVE UPON THE DATE OF EITHER  OF  THE
 FOLLOWING:
   I. THE WITHDRAWAL OR EXPULSION OF A COMPACTING STATE, WHICH WITHDRAWAL
 OR EXPULSION REDUCES MEMBERSHIP IN THE COMPACT TO ONE COMPACTING STATE;
   II. THE COMMISSION VOTES TO DISSOLVE THE COMPACT.
   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 AND ANY SURPLUS FUNDS SHALL
 BE DISTRIBUTED IN ACCORDANCE WITH  THE  COMMISSION'S  BYLAWS,  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. ANY UNAWARDED
 FUNDS DONATED TO BE A PART OF A PRIZE SHALL BE RETURNED  TO  THE  DONOR,
 ALONG WITH ANY INTEREST EARNED ON THE AMOUNT.
   §  4999-N.  SEVERABILITY  AND CONSTRUCTION.   1. THE PROVISIONS OF THE
 COMPACT SHALL BE SEVERABLE; AND IF  ANY  PHRASE,  CLAUSE,  SENTENCE,  OR
 PROVISION  IS  DEEMED  UNENFORCEABLE,  THE  REMAINING  PROVISIONS OF THE
 COMPACT SHALL BE ENFORCEABLE.
   2. THE PROVISIONS OF THE  COMPACT  SHALL  BE  LIBERALLY  CONSTRUED  TO
 EFFECTUATE ITS PURPOSES.
   § 4999-O. BINDING EFFECT OF COMPACT AND OTHER LAWS.  1. NOTHING HEREIN
 PREVENTS  THE ENFORCEMENT OF ANY OTHER LAW OF A COMPACTING STATE, EXCEPT
 AS PROVIDED IN PARAGRAPH B OF SUBDIVISION TWO OF THIS SECTION.
   2. A. ALL LAWFUL ACTIONS OF THE COMMISSION, INCLUDING  ALL  COMMISSION
 RULES, ARE BINDING UPON THE COMPACTING STATES.
   B. ALL AGREEMENTS BETWEEN THE COMMISSION AND THE COMPACTING STATES ARE
 BINDING IN ACCORDANCE WITH THEIR TERMS.
   C. EXCEPT TO THE EXTENT AUTHORIZED BY THE COMPACTING STATE'S CONSTITU-
 TION  OR,  IF CONSTITUTIONAL AUTHORIZATION IS NOT REQUIRED, BY OTHER LAW
 OF THE COMPACTING STATE, SUCH STATE, BY ENTERING INTO THE  COMPACT  DOES
 NOT:
   I.  COMMIT THE FULL FAITH AND CREDIT OR TAXING POWER OF THE COMPACTING
 STATE FOR THE PAYMENT OF PRIZES OR OTHER OBLIGATIONS UNDER THE COMPACT;
   II. MAKE PRIZE PAYMENT RESPONSIBILITIES OR OTHER OBLIGATIONS UNDER THE
 COMPACT A DEBT OF THE COMPACTING STATE.
   D. UPON THE REQUEST OF A PARTY TO  A  CONFLICT  OVER  THE  MEANING  OR
 INTERPRETATION  OF  COMMISSION  ACTIONS, AND UPON A MAJORITY VOTE OF THE
 COMPACTING STATES, THE COMMISSION MAY ISSUE ADVISORY OPINIONS  REGARDING
 THE MEANING OR INTERPRETATION IN DISPUTE.
   E.  IN  THE  EVENT  ANY PROVISION OF THE COMPACT EXCEEDS THE CONSTITU-
 TIONAL LIMITS IMPOSED ON ANY COMPACTING STATE, THE OBLIGATIONS,  DUTIES,
 POWERS OR JURISDICTION SOUGHT TO BE CONFERRED BY THAT PROVISION UPON THE
 COMMISSION  SHALL  BE INEFFECTIVE AS TO THAT COMPACTING STATE, AND THOSE
 OBLIGATIONS,  DUTIES,  POWERS,  OR  JURISDICTION  SHALL  REMAIN  IN  THE
 COMPACTING  STATE  AND SHALL BE EXERCISED BY THE AGENCY THEREOF TO WHICH
 THOSE OBLIGATIONS, DUTIES, POWERS, OR JURISDICTION ARE DELEGATED BY  LAW
 IN EFFECT AT THE TIME THE COMPACT BECOMES EFFECTIVE.
   § 2. This act shall take effect immediately.