A. The commission is an instrumentality of the compact states.   [PL 2023, c. 310, §1 (NEW).]

B. Venue is proper, and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.   [PL 2023, c. 310, §1 (NEW).]

C. This compact may not be construed to be a waiver of sovereign immunity.   [PL 2023, c. 310, §1 (NEW).]

A. Each member state has 2 delegates selected by that member state's licensing board.   [PL 2023, c. 310, §1 (NEW).]

B. A delegate under paragraph A must be a current member of the member state's licensing board, and one delegate must be an audiologist and one delegate must be a speech-language pathologist.   [PL 2023, c. 310, §1 (NEW).]

C. A member state's delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.   [PL 2023, c. 310, §1 (NEW).]

D. A member state's licensing board shall fill any vacancy occurring in the commission within 90 days.   [PL 2023, c. 310, §1 (NEW).]

E. Each delegate is entitled to one vote with regard to the promulgation of rules and creation of bylaws and must otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.   [PL 2023, c. 310, §1 (NEW).]

F. The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws.   [PL 2023, c. 310, §1 (NEW).]

A. Establish a code of ethics for the commission;   [PL 2023, c. 310, §1 (NEW).]

B. Establish the fiscal year of the commission;   [PL 2023, c. 310, §1 (NEW).]

C. Establish bylaws;   [PL 2023, c. 310, §1 (NEW).]

D. Maintain the commission's financial records in accordance with the bylaws;   [PL 2023, c. 310, §1 (NEW).]

E. Meet and take such actions as are consistent with the provisions of this compact and the bylaws;   [PL 2023, c. 310, §1 (NEW).]

F. Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules have the force and effect of law and are binding in all member states;   [PL 2023, c. 310, §1 (NEW).]

G. Bring and prosecute legal proceedings or actions in the name of the commission, except that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law is not affected;   [PL 2023, c. 310, §1 (NEW).]

H. Purchase and maintain insurance and bonds;   [PL 2023, c. 310, §1 (NEW).]

I. Borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state;   [PL 2023, c. 310, §1 (NEW).]

J. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;   [PL 2023, c. 310, §1 (NEW).]

K. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services and receive, use and dispose of the same, as long as at all times the commission avoids any appearance of impropriety or conflict of interest;   [PL 2023, c. 310, §1 (NEW).]

L. Lease, purchase, accept appropriate gifts or donations of or otherwise own, hold, improve or use any property, real, personal or mixed, as long as at all times the commission avoids any appearance of impropriety;   [PL 2023, c. 310, §1 (NEW).]

M. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;   [PL 2023, c. 310, §1 (NEW).]

N. Establish a budget and make expenditures;   [PL 2023, c. 310, §1 (NEW).]

O. Borrow money;   [PL 2023, c. 310, §1 (NEW).]

P. Appoint committees, including standing committees, composed of members and other interested persons as may be designated in this compact and the bylaws;   [PL 2023, c. 310, §1 (NEW).]

Q. Provide and receive information from, and cooperate with, law enforcement agencies;   [PL 2023, c. 310, §1 (NEW).]

R. Establish and elect an executive committee; and   [PL 2023, c. 310, §1 (NEW).]

S. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.   [PL 2023, c. 310, §1 (NEW).]

A. The executive committee is composed of the following 10 members:  

B. The ex officio members under paragraph A must be selected by their respective organizations.   [PL 2023, c. 310, §1 (NEW).]

C. The commission may remove any member of the executive committee as provided in the bylaws.   [PL 2023, c. 310, §1 (NEW).]

D. The executive committee shall meet at least annually.   [PL 2023, c. 310, §1 (NEW).]

E. The executive committee shall:  

A. All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rule-making provisions in section 17510.   [PL 2023, c. 310, §1 (NEW).]

B. The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss:  

C. If a meeting, or portion of a meeting, is closed pursuant to this subsection, the commission's legal counsel or legal counsel's designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.   [PL 2023, c. 310, §1 (NEW).]

D. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons for those actions, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.   [PL 2023, c. 310, §1 (NEW).]

A. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.   [PL 2023, c. 310, §1 (NEW).]

B. The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.   [PL 2023, c. 310, §1 (NEW).]

C. The commission may levy on and collect from each member state an annual assessment or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.   [PL 2023, c. 310, §1 (NEW).]

D. The commission may not incur obligations of any kind prior to securing the funds adequate to meet the obligations, and the commission may not pledge the credit of any of the member states, except by and with the authority of the member state.   [PL 2023, c. 310, §1 (NEW).]

E. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission.   [PL 2023, c. 310, §1 (NEW).]

A. The members, officers, executive director, employees and representatives of the commission 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 by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, except that 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 or wanton misconduct of that person.   [PL 2023, c. 310, §1 (NEW).]

B. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct and except that nothing in this paragraph may be construed to prohibit that person from retaining that person's own counsel.   [PL 2023, c. 310, §1 (NEW).]

C. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.   [PL 2023, c. 310, §1 (NEW).]