1. (1) A program assistant, or a program assistant's employer, is immune from liability in a civil action or proceeding involving the performance or nonperformance of a duty under this chapter, unless:

   1. (a) the performance or nonperformance of a program assistant was manifestly outside the scope of the program assistant's duties in the program; or
   2. (b) the program assistant acted with malicious purpose, bad faith, or in a wanton or reckless manner.
2. (2) In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, or any other governmental immunity provided by law, the department, the state, and the political subdivisions of the state are immune from liability in a civil action or proceeding involving the performance or nonperformance of a duty under the program.

Renumbered and Amended by Chapter 291, 2026 General Session