55-12-105 - Article 5 -- Organization and operation of the Interstate Commission.
55-12-105. Article 5 -- Organization and operation of the Interstate Commission.
(1) Section A. By-laws
The Interstate Commission shall, by a majority of the members present and voting, within12 months after the first commission meeting, adopt by-laws to govern its conduct as may benecessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(a) establishing the fiscal year of the commission;
(b) establishing an executive committee and any other committees as necessary;
(c) providing for the establishment of committees governing any general or specificdelegation of any authority or function of the commission;
(d) providing reasonable procedures for calling and conducting meetings of thecommission, and ensuring reasonable notice of each meeting;
(e) establishing the titles and responsibilities of the officers of the commission;
(f) providing a mechanism for concluding the operations of the commission and thereturn of any surplus funds that may exist upon the termination of the compact after the paymentand reserving of all of its debts and obligations;
(g) providing "start-up" rules for initial administration of the compact; and
(h) establishing standards and procedures for compliance and technical assistance incarrying out the compact.
(2) Section B. Officers and Staff
(a) The Interstate Commission shall, by a majority of the members, elect annually fromamong its members a chairperson and a vice chairperson, each of whom shall have the authorityand duties specified in the by-laws. The chairperson or, in the chairperson's absence or disability,the vice chairperson shall preside at all meetings of the commission.
(b) The officers shall serve without compensation or remuneration from the commission,provided that, subject to the availability of budgeted funds, the officers shall be reimbursed forany ordinary and necessary costs and expenses incurred by them in the performance of theirduties and responsibilities as officers of the commission.
(c) The commission shall, through its executive committee, appoint or retain anexecutive director for any time period, upon any terms and conditions, and for any compensationas the commission may consider appropriate. The executive director shall serve as secretary tothe commission, but may not be a member and shall hire and supervise other staff as authorizedby the commission.
(3) Section C. Qualified Immunity, Defense, and Indemnification
(a) The Interstate Commission's executive director and employees shall be immune fromsuit and liability, either personally or in their official capacity, for any claim for damage to or lossof property or personal injury or other civil liability caused or arising out of or relating to anyactual or alleged act, error, or omission that occurred, or that the person had a reasonable basisfor believing occurred within the scope of commission employment, duties, or responsibilities;provided, that a person may not be protected from suit or liability for any damage, loss, injury, orliability caused by the intentional or willful and wanton misconduct of the person.
(b) The liability of any commissioner, or the employee or agent of a commissioner,acting within the scope of the person's employment or duties for acts, errors, or omissionsoccurring within the person's state may not exceed the limits of liability set forth under theconstitution and laws of that state for state officials, employees, and agents. Nothing in thisSubsection (3) shall be construed to protect any person from suit or liability for any damage, loss,
injury, or liability caused by the intentional or willful and wanton misconduct of the person.
(c) The commission shall defend the executive director or the employees orrepresentatives of the commission and, subject to the approval of the attorney general of the staterepresented by any commissioner of a compacting state, shall defend the commissioner or thecommissioner's representatives or employees in any civil action seeking to impose liabilityarising out of any actual or alleged act, error, or omission that occurred within the scope ofcommission employment, duties, or responsibilities, or that the defendant had a reasonable basisfor believing occurred within the scope of commission employment, duties, or responsibilities,provided that the actual or alleged act, error, or omission did not result from intentional or willfuland wanton misconduct on the part of the person.
(d) The commission shall indemnify and hold the commissioner of a compacting state, the commissioner's representatives or employees, or the commission's representatives oremployees harmless in the amount of any settlement or judgment obtained against the personsarising out of any actual or alleged act, error, or omission that occurred within the scope ofcommission employment, duties, or responsibilities, or that the persons had a reasonable basis forbelieving occurred within the scope of commission employment, duties, or responsibilities,provided that the actual or alleged act, error, or omission did not result from intentional or willfuland wanton misconduct on the part of the persons.
Enacted by Chapter 155, 2005 General Session