North Carolina SB 82: Compact to Award Prizes for Curing Disease.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 82

Short Title: Compact to Award Prizes for Curing Disease. (Public)
Sponsors: Senator Burgin (Primary Sponsor).
Referred to: Rules and Operations of the Senate
February 12, 2025
*S82-v-1*
A BILL TO BE ENTITLED 1
AN ACT ENACTING A COMPACT TO AWARD PRIZES FOR CURING DISEASES. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article 4
to read: 5
"Article 23B. 6
"Compact to Award Prizes for the Cure of Diseases. 7
"§ 90-326. Definitions. 8
As used in this Article, the following definitions have the following meanings: 9
(1) Compact. – The Solemn Covenant of the States to Award Prizes for Curing 10
Diseases enacted in this Article. 11
(2) Compacting state. – Either of the following: 12
a. Any state that has enacted the compact and has not withdrawn or been 13
suspended pursuant to G.S. 90-326.14. 14
b. The federal government in accordance with the Commission's bylaws. 15
(3) Non-compacting state. – Any state or the federal government if it is not at the 16
time a compacting state. 17
(4) Public health expenses. – The amount of all costs paid by taxpayers in a 18
specified geographic area relating to a particular disease. 19
(5) State. – Any state, district, or territory of the United States of America. 20
"§ 90-326.1. Establishment of the Commission; membership. 21
(1) Upon the enactment of the compact by six states, the compacting states shall 22
establish the Solemn Covenant of States Commission. 23
(2) The Commission is a body corporate and politic and an instrumentality of each 24
of the compacting states and is solely responsible for its liabilities, except as 25
otherwise specifically provided in the compact. 26
(3) Each compacting state shall be represented by one member as selected by the 27
compacting state. Each compacting state shall determine its member's 28
qualifications and period of service and shall be responsible for any action to 29
remove or suspend its member or to fill the member's position if it becomes 30
vacant. Nothing in the compact shall be construed to affect a compacting 31
state's authority regarding the qualification, selection, or service of its own 32
member. 33
"§ 90-326.2. Powers of the Commission. 34

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 82-First Edition
(1) To adopt bylaws and rules pursuant to G.S. 90-326.4 and G.S. 90-326.5, 1
which shall have the force and effect of law and shall be binding in the 2
compacting states to the extent and in the manner provided in the compact. 3
(2) To receive and review in an expeditious manner treatments and therapeutic 4
protocols for the cure of disease submitted to the Commission and to award 5
prizes for submissions that meet the Commission's standards for a successful 6
cure treatment or therapeutic protocol. 7
(3) To make widely available a cure treatment or therapeutic protocol upon a prize 8
winner claiming a prize and transferring any intellectual property necessary 9
for the manufacture and distribution of the cure in accordance with 10
G.S. 90-326.5(a)(4)g.1., including by arranging or contracting for the 11
manufacturing, production, or provision of any drug, serum, or other 12
substance, device, or process, provided that the Commission does not market 13
the cure or conduct any other activity regarding the cure not specifically 14
authorized in the compact. 15
(4) To establish a selling price for the cure, which shall be not more than the 16
expenses for the cure's manufacturing, distribution, licensing, and any other 17
necessary governmental requirements for compacting states, or those 18
expenses plus any royalty fees, for non-compacting states; the price shall not 19
include the expenses of any other activities. 20
(5) In non-compacting states and foreign countries, to establish and collect royalty 21
fees imposed on manufacturers, producers, and providers of any drug, serum, 22
or other substance, device, or process used for a cure treatment or therapeutic 23
protocol, for which a prize is awarded; royalty fees may be added to the sales 24
price of the cure pursuant to subdivision (4) of this section; provided that the 25
royalty fees shall cumulatively be not more than the estimated five-year 26
savings in public health expenses for that state or country, as calculated by 27
actuaries employed or contracted by the Commission. 28
(6) To do the following regarding the collected royalty fees: 29
a. Pay or reimburse expenses related to the payment of a prize, which 30
shall include employing or contracting actuaries to calculate annual 31
taxpayer savings amounts in compacting states in accordance with 32
G.S. 90-326.5(a)(4)g.3., and payment of interest and other expenses 33
related to a loan obtained in accordance with G.S. 90-326.5(a)(4)g.6. 34
b. Annually disburse any amounts remaining after making payments or 35
reimbursements under sub-subdivision a. of