SB1059: Bill Text

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.

SB1059,,287 (e) Rules shall be adopted at a regular or special meeting of the compact commission.

SB1059,,288 (f) Prior to adoption of a proposed rule, the compact commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.

SB1059,,289 (g) Prior to adoption of a proposed rule by the compact commission, and at least 30 days in advance of the meeting at which the compact commission will hold a public hearing on the proposed rule, the compact commission shall provide a notice of proposed rule making:

SB1059,,290 1. On the website of the compact commission or other publicly accessible platform;

SB1059,,291 2. To persons who have requested notice of the compact commission’s notices of proposed rule making; and

SB1059,,292 3. In such other way as the compact commission may by rule specify.

SB1059,,293 (h) The notice of proposed rule making shall include:

SB1059,,294 1. The time, date, and location of the public hearing at which the compact commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the compact commission will consider and vote on the proposed rule;

SB1059,,295 2. If the hearing is held via telecommunication, video conference, or other means of communication, the compact commission shall include the mechanism for access to the hearing in the notice of proposed rule making;

SB1059,,296 3. The text of the proposed rule and the reason therefore;

SB1059,,297 4. A request for comments on the proposed rule from any interested person; and

SB1059,,298 5. The manner in which interested persons may submit written comments.

SB1059,,299 (i) All hearings will be recorded. A copy of the recording and all written comments and documents received by the compact commission in response to the proposed rule shall be available to the public.

SB1059,,300 (j) Nothing in this subsection shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the compact commission at hearings required by this subsection.

SB1059,,301 (k) The compact commission shall, by majority vote of all members, take final action on the proposed rule based on the rule-making record and the full text of the rule.

SB1059,,302 1. The compact commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.

SB1059,,303 2. The compact commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.

SB1059,,304 3. The compact commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in par. (L), the effective date of the rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the rule.

SB1059,,305 (L) Upon determination that an emergency exists, the compact commission may consider and adopt an emergency rule with 24 hours’ notice, with opportunity to comment, provided that the usual rule-making procedures provided in the compact and in this subsection shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

SB1059,,306 1. Meet an imminent threat to public health, safety, or welfare;

SB1059,,307 2. Prevent a loss of compact commission or member state funds;

SB1059,,308 3. Meet a deadline for the promulgation of a rule that is established by federal law or rule; or

SB1059,,309 4. Protect public health and safety.

SB1059,,310 (m) The compact commission or an authorized committee of the compact commission may direct revision to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted on the website of the compact commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the compact commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the compact commission.

SB1059,,311 (n) No member state’s rule-making requirements shall apply under this compact.

SB1059,,312 (11) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.

SB1059,,313 2. Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the compact commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the compact commission is located. The compact commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.

SB1059,,314 3. The compact commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the compact commission service of process shall render a judgment or order void as to the compact commission, this compact, or promulgated rules.

SB1059,,315 (b) Default, technical assistance, and termination. 1. If the compact commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the compact commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the compact commission may take and shall offer training and specific technical assistance regarding the default.

SB1059,,316 2. The compact commission shall provide a copy of the notice of default to the other member states.

SB1059,,317 (c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

SB1059,,318 (d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the compact commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s licensing authority, and each of the member states’ licensing authority.

SB1059,,319 (e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

SB1059,,320 (f) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all compact privileges granted pursuant to this compact for a minimum of 6 months after the date of said notice of termination.

SB1059,,321 (g) The compact commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the compact commission and the defaulting state.

SB1059,,322 (h) The defaulting state may appeal the action of the compact commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the compact commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

SB1059,,323 (i) Dispute resolution. 1. Upon request by a member state, the compact commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.

SB1059,,324 2. The compact commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

SB1059,,325 (j) Enforcement. 1. By supermajority vote, the compact commission may initiate legal action against a member state in default in the U.S. District Court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the compact commission. The compact commission may pursue any other remedies available under federal or the defaulting member state’s law.

SB1059,,326 2. A member state may initiate legal action against the compact commission in the U.S. District Court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

SB1059,,327 3. No party other than a member state shall enforce this compact against the compact commission.

SB1059,,328 (12) Effective date, withdrawal, and amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 7th member state.

SB1059,,329 1. On or after the effective date of the compact, the compact commission shall convene and review the enactment of each of the first 7 member states (“charter member states”) to determine if the statute enacted by each such charter member state is materially different than the model compact statute.

SB1059,,330 a. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in sub. (11).

SB1059,,331 b. If any member state is later found to be in default, or is terminated, or withdraws from the compact, the compact commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than 7.

SB1059,,332 2. Member states enacting the compact subsequent to the 7 initial charter member states shall be subject to the process set forth in sub. (8) (c) 21. to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.

SB1059,,333 3. All actions taken for the benefit of the compact commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the compact commission coming into existence shall be considered to be actions of the compact commission unless specifically repudiated by the compact commission.

SB1059,,334 4. Any state that joins the compact subsequent to the compact commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the compact commission shall have the full force and effect of law on the day the compact becomes law in that state.

SB1059,,335 (b) Any member state may withdraw from this compact by enacting a statute repealing the same.