LD 1323
pg. 9
Page 8 of 16 An Act To Adopt an Interstate Compact for Juveniles on Probation and Parole ... Page 10 of 16
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LR 1359
Item 1

 
following provisions govern qualified immunity, defense and
indemnification.

 
A.__The interstate commission's executive director and
employees are immune from suit and liability, either
personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or
other civil liability caused or arising out of 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.__Nothing in this paragraph may
be construed to protect any such person from suit or
liability for any damage, loss, injury or liability caused
by the intentional or willful and wanton misconduct of any
such person.

 
B.__The liability of a commissioner or employee or agent
of a commissioner, acting within the scope of such peron'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.__Nothing in this paragraph may be construed to
protect any such person from suit or liability for any
damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of any such
person.

 
C.__The interstate commission shall defend the executive
director or the employees or representatives of the
interstate commission and, subject to the approval of the
attorney general of the state represented by any
commissioner of a compacting state, shall defend such
commissioner or the commissioner's representatives or
employees in a civil action seeking to impose liability,
arising out of any 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, if the actual or
alleged act, error or omission did not result from
intentional or willful and wanton misconduct on the part
of such person.

 
D.__The interstate commission shall indemnify and hold the
commissioner of a compacting state, or the commissioner
representative or employee, or the interstate commission
respresentative or employee, harmless in the amount of any
settlement or judgment obtained against such persons arising
out of any actual or alleged act, error or omission that


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