§ 1420n. Organization and operation of the Interstate Commission
(a) The Interstate Commission shall, by a majority of the Commissioners present and voting,
adopt bylaws to govern its conduct as may be necessary or appropriate to carry out
the purposes of the Compact within 12 months of the first Interstate Commission meeting.
(b) The Interstate Commission shall elect or appoint annually from among its Commissioners
a chairperson, a vice chairperson, and a treasurer, each of whom shall have such authority
and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s
absence or disability, the vice chairperson, shall preside at all meetings of the
Interstate Commission.
(c) Officers selected in subsection (b) of this section shall serve without remuneration
from the Interstate Commission.
(d) The officers and employees of the Interstate Commission shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage
to or loss of property or personal injury or other civil liability caused or arising
out of, or relating to, an actual or alleged act, error, or omission that occurred,
or that such person had a reasonable basis for believing occurred, within the scope
of Interstate Commission employment, duties, or responsibilities; provided that such
person shall not be protected from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of such person.
(1) The liability of the executive director and employees of the Interstate Commission
or representatives of the Interstate Commission, acting within the scope of such person’s
employment or duties for acts, errors, or omissions occurring within such person’s
state, may not exceed the limits of liability set forth under the constitution and
laws of that state for state officials, employees, and agents. The Interstate Commission
is considered to be an instrumentality of the states for the purposes of any such
action. Nothing in this subsection shall be construed to protect such person from
suit or liability for damage, loss, injury, or liability caused by the intentional
or willful and wanton misconduct of such person.
(2) The Interstate Commission shall defend the executive director, its employees, and
subject to the approval of the attorney general or other appropriate legal counsel
of the member state represented by an Interstate Commission representative, shall
defend such Interstate Commission representative in any civil action seeking to impose
liability arising out of an actual or alleged act, error, or omission that occurred
within the scope of Interstate Commission employment, duties, or responsibilities,
or that the defendant had a reasonable basis for believing occurred within the scope
of Interstate Commission employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from intentional or willful
and wanton misconduct on the part of such person.
(3) To the extent not covered by the state involved, member state, or the Interstate Commission,
the representatives or employees of the Interstate Commission shall be held harmless
in the amount of a settlement or judgment, including attorney’s fees and costs, obtained
against such persons arising out of an actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment, duties, or responsibilities,
or that such persons had a reasonable basis for believing occurred within the scope
of Interstate Commission employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from intentional or willful
and wanton misconduct on the part of such persons. (Added 2017, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 2020.)