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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 589

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  589.527.  Qualified immunity, defense and indemnification. — 1.  The Members, officers, executive director and employees of the Interstate Commission shall be 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 any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; PROVIDED, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.  The Interstate Commission shall defend the Commission of a compacting state, or his or her representatives or employees, or the Interstate Commission's representatives or employees, in any civil action seeking to impose liability, arising our 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 such act, error or omission occurred within the scope of Interstate Commission employment, duties or responsibilities:

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PROVIDED, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

  2.  The Interstate Commission shall indemnify and hold the Commissioner of a compacting state, the appointed designee or employees, harmless in the amount of any settlement or judgement obtained against such persons 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 such persons had a reasonable basis for believing such act, error or omission 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 gross negligence or intentional wrongdoing on the part of such person.

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(L. 2000 H.B. 1321)

Effective 6-19-02, see § 589.548


---- end of effective   28 Aug 2000 ----

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