SB1059: Bill Text

SB1059,,198 3. Establish and amend rules and bylaws;

SB1059,,199 4. Maintain its financial records in accordance with the bylaws;

SB1059,,200 5. Meet and take such actions as are consistent with the provisions of this compact, the compact commission’s rules, and the bylaws;

SB1059,,201 6. Initiate and conclude legal proceedings or actions in the name of the compact commission, provided that the standing of any licensing authority to sue or be sued under applicable law shall not be affected;

SB1059,,202 7. Maintain and certify records and information provided to a member state as the authenticated business records of the compact commission, and designate an agent to do so on the compact commission’s behalf;

SB1059,,203 8. Purchase and maintain insurance and bonds;

SB1059,,204 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

SB1059,,205 10. Conduct an annual financial review;

SB1059,,206 11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the compact commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

SB1059,,207 12. Assess and collect fees;

SB1059,,208 13. Accept any and all appropriate donations, grants of money, other sources of revenue, equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the same; provided that at all times the compact commission shall avoid any actual or appearance of impropriety or conflict of interest;

SB1059,,209 14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

SB1059,,210 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

SB1059,,211 16. Establish a budget and make expenditures;

SB1059,,212 17. Borrow money;

SB1059,,213 18. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact or the bylaws;

SB1059,,214 19. Provide and receive information from, and cooperate with, law enforcement agencies;

SB1059,,215 20. Establish and elect an executive committee, including a chair and a vice chair;

SB1059,,216 21. Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and

SB1059,,217 22. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

SB1059,,218 (d) The executive committee. 1. The executive committee shall have the power to act on behalf of the compact commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:

SB1059,,219 a. Oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its rules and bylaws, and other such duties as deemed necessary;

SB1059,,220 b. Recommend to the compact commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;

SB1059,,221 c. Ensure compact administration services are appropriately provided, including by contract;

SB1059,,222 d. Prepare and recommend the budget;

SB1059,,223 e. Maintain financial records on behalf of the compact commission;

SB1059,,224 f. Monitor compact compliance of member states and provide compliance reports to the compact commission;

SB1059,,225 g. Establish additional committees as necessary;

SB1059,,226 h. Exercise the powers and duties of the compact commission during the interim between compact commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the compact commission by rule or bylaw; and

SB1059,,227 i. Other duties as provided in the rules or bylaws of the compact commission.

SB1059,,228 2. The executive committee shall be composed of nine members:

SB1059,,229 a. The chair and vice chair of the compact commission shall be voting members of the executive committee;

SB1059,,230 b. Five voting members from the current membership of the compact commission, elected by the compact commission;

SB1059,,231 c. One ex officio, nonvoting member from a recognized professional association representing dietitians; and

SB1059,,232 d. One ex officio, nonvoting member from a recognized national credentialing organization for dietitians.

SB1059,,233 3. The compact commission may remove any member of the executive committee as provided in the compact commission’s bylaws.

SB1059,,234 4. The executive committee shall meet at least annually.

SB1059,,235 a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in par. (f) 2.

SB1059,,236 b. The executive committee shall give 30 days’ notice of its meetings, posted on the website of the compact commission and as determined to provide notice to persons with an interest in the business of the compact commission.

SB1059,,237 c. The executive committee may hold a special meeting in accordance with par. (f) 1. b.

SB1059,,238 (e) The compact commission shall adopt and provide to the member states an annual report.

SB1059,,239 (f) Meetings of the compact commission. 1. All meetings shall be open to the public, except that the compact commission may meet in a closed, nonpublic meeting as provided in subd. 2.

SB1059,,240 a. Public notice for all meetings of the full compact commission shall be given in the same manner as required under the rule-making provisions in sub. (10), except that the compact commission may hold a special meeting as provided in subd. 1. b.

SB1059,,241 b. The compact commission may hold a special meeting when it must meet to conduct emergency business by giving 24 hours’ notice to all member states, on the compact commission’s website, and other means as provided in the compact commission’s rules. The compact commission’s legal counsel shall certify that the compact commission’s need to meet qualifies as an emergency.

SB1059,,242 2. The compact commission or the executive committee or other committees of the compact commission may convene in a closed, nonpublic meeting for the compact commission or executive committee or other committees of the compact commission to receive legal advice or to discuss:

SB1059,,243 a. Noncompliance of a member state with its obligations under the compact;

SB1059,,244 b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees;

SB1059,,245 c. Current or threatened discipline of a licensee by the compact commission or by a member state’s licensing authority;

SB1059,,246 d. Current, threatened, or reasonably anticipated litigation;

SB1059,,247 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

SB1059,,248 f. Accusing any person of a crime or formally censuring any person;

SB1059,,249 g. Trade secrets or commercial or financial information that is privileged or confidential;

SB1059,,250 h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

SB1059,,251 i. Investigative records compiled for law enforcement purposes;

SB1059,,252 j. Information related to any investigative reports prepared by or on behalf of or for use of the compact commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact;

SB1059,,253 k. Matters specifically exempted from disclosure by federal or member state law; or

SB1059,,254 L. Other matters as specified in the rules of the compact commission.

SB1059,,255 3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.

SB1059,,256 4. The compact commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the compact commission or order of a court of competent jurisdiction.

SB1059,,257 (g) Financing of the compact commission. 1. The compact commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

SB1059,,258 2. The compact commission may accept any and all appropriate revenue sources as provided in par. (c) 13.

SB1059,,259 3. The compact commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a compact privilege to cover the cost of the operations and activities of the compact commission and its staff, which must, in a total amount, be sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the compact commission shall promulgate by rule.

SB1059,,260 4. The compact commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the compact commission pledge the credit of any of the member states, except by and with the authority of the member state.

SB1059,,261 5. The compact commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the compact commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the compact commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the compact commission.

SB1059,,262 (h) Qualified immunity, defense, and indemnification. 1. The members, officers, executive director, employees and representatives of the compact commission shall be immune from suit and liability, both personally and 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 the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities; provided that nothing in this subdivision 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 or wanton misconduct of that person. The procurement of insurance of any type by the compact commission shall not in any way compromise or limit the immunity granted hereunder.

SB1059,,263 2. The compact commission shall defend any member, officer, executive director, employee, and representative of the compact 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 compact commission employment, duties, or responsibilities, or as determined by the compact commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

SB1059,,264 3. The compact commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the compact commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of compact commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SB1059,,265 4. Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

SB1059,,266 5. Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.

SB1059,,267 6. Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the compact commission.

SB1059,,268 (9) Data system. (a) The compact commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.

SB1059,,269 (b) The compact commission shall assign each applicant for a compact privilege a unique identifier, as determined by the rules.

SB1059,,270 (c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the compact commission, including:

SB1059,,271 1. Identifying information;

SB1059,,272 2. Licensure data;

SB1059,,273 3. Adverse actions against a license or compact privilege and information related thereto;

SB1059,,274 4. Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law;

SB1059,,275 5. Any denial of application for licensure, and the reason for such denial;

SB1059,,276 6. The presence of current significant investigative information; and

SB1059,,277 7. Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the compact commission.

SB1059,,278 (d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the compact commission or an agent thereof, shall constitute the authenticated business records of the compact commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.

SB1059,,279 (e) Current significant investigative information pertaining to a licensee in any member state will only be available to other member states.

SB1059,,280 (f) It is the responsibility of the member states to report any adverse action against a licensee and to monitor the data system to determine whether any adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

SB1059,,281 (g) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

SB1059,,282 (h) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.

SB1059,,283 (10) Rule making. (a) The compact commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the compact commission exercised its rule-making authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.

SB1059,,284 (b) The rules of the compact commission shall have the force of law in each member state, provided however that where the rules conflict with the laws or regulations of a member state that relate to the procedures, actions, and processes a licensed dietitian is permitted to undertake in that state and the circumstances under which they may do so, as held by a court of competent jurisdiction, the rules of the compact commission shall be ineffective in that state to the extent of the conflict.

SB1059,,285 (c) The compact commission shall exercise its rule-making powers pursuant to the criteria set forth in this subsection and the rules adopted thereunder. Rules shall become binding on the day following adoption or as of the date specified in the rule or amendment, whichever is later.

SB1059,,286 (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.