§ 25-22.5-16-14 — Bylaws; officers; immunity

(a) The interstate commission shall, by
a majority of 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 twelve (12) months of the first
interstate commission meeting.
(b) The interstate commission shall annually elect or appoint from
among its commissioners a chairperson, vice chairperson, and
treasurer, each of whom shall have the 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) 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 the person
had a reasonable basis for believing occurred, within the scope of
interstate commission employment, duties, or responsibilities, provided
that the 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 the person. The following shall apply:
(1) The liability of the executive director and employees of the
interstate commission or representatives of the interstate
commission, acting within the scope of the person's employment
or duties for acts, errors, or omissions occurring within the
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 the
person from suit or liability for damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of the
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, the 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 the 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 the 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 the
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 the persons.

Legislative History

As added by P.L.60-2022, SEC.2.