(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 part, unless:
(a) the performance or nonperformance of a program assistant was manifestly outside the scope of the program assistant's duties in the program; or
(b) the program assistant acted with malicious purpose, bad faith, or in a wanton or reckless manner.
(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 commission, 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.