South Carolina H 3010: Cure Act
Status: Referred to Committee on Judiciary (as of 2025-01-14)
State: South Carolina · Session: 2025-2026 · Bill: H 3010
Sponsors: Pope
Bill Text
2025-2026 Bill 3010 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 3010 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "CURE ACT" BY ADDING CHAPTER 140 TO TITLE 44 SO AS TO PROVIDE FOR THE ENTRY OF SOUTH CAROLINA INTO A MULTISTATE COMPACT GOVERNED BY A COMMISSION THAT FACILITATES A PROCESS BY WHICH SUBSTANTIAL CASH PRIZES ARE AWARDED FOR THE CURE OF CERTAIN DISEASES; TO ESTABLISH POWERS AND DUTIES OF THE COMMISSION, INCLUDING THE DUTY TO EXPEDITIOUSLY REVIEW SUBMITTED TREATMENTS AND THERAPEUTIC PROTOCOLS FOR THE CURE OF DISEASE AND TO AWARD PRIZES FOR SUBMISSIONS THAT MEET THE COMMISSION'S STANDARDS; TO ESTABLISH COMMISSION MEETING AND VOTING REQUIREMENTS; TO REQUIRE THE COMMISSION TO ADOPT RULES; AND FOR OTHER PURPOSES. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. This act may be cited as the "Cure Act." SECTION 2. Title 44 of the S.C. Code is amended by adding: CHAPTER 140 Cure Act Section 44-140-10. For purposes of this compact: (1) "Compacting state" means: (a) any state that has enacted the compact and which has not withdrawn or been suspended pursuant to Section 44-140-140 of the compact; or (b) the federal government in accordance with the commission's bylaws. (2) "Compact" means the Cure Compact enacted in this chapter. (3) "Noncompacting 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. Section 44-140-20. (A) Upon the enactment of the compact by six states, the compacting states shall establish the Cure Compact Commission. (B) The commission is a body corporate and politic and an instrumentality of each of the compacting states and is solely responsible for its liabilities, except as otherwise specifically provided in the compact. (C) 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 responsible 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 qualification, selection, or service of its own member. Section 44-140-30. The commission has the following powers and duties: (1) to adopt bylaws and rules pursuant to Sections 44-140-50 and 44-140-60 of the compact, 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 therapeutic 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 Section 44-140-60(C)(7)(a), 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 noncompacting 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 item (4); provided that the royalty fees shall 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, w
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