Utah Code 63G-7-101. Title — Scope of waivers and retentions of immunity

63G-7-101. Title — Scope of waivers and retentions of immunity.

(1)	This chapter is known as the “Governmental Immunity Act of Utah.”

Terms Used In Utah Code 63G-7-101

Employee: includes :

(i)	a governmental entity's officers, employees, servants, trustees, or commissioners;

(ii)	a member of a governing body;

(iii)

a member of a government entity board;

(iv)	a member of a government entity commission;

(v)	members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102;

(vi)	a student holding a license issued by the State Board of Education;

(vii)

an educational aide;

(viii)

a student engaged in an internship under Section 53B-16-402 or 53G-7-902;

(ix)	a volunteer, as defined in Section 67-20-2; and

(x)

a tutor. See Utah Code 63G-7-102

Governmental entity: means :

(a)	the state and its political subdivisions; and

(b)

a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102

Injury: means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to the person or estate, that would be actionable if inflicted by a private person or the private person's agent. See Utah Code 63G-7-102

(2)

The scope of the waivers and retentions of immunity found in this comprehensive chapter:

(a)	applies to all functions of government, no matter how labeled; and

(b)	governs all claims against governmental entities or against their employees or agents arising out of the performance of the employee‘s duties, within the scope of employment, or under color of authority.

(3)	A governmental entity and an employee of a governmental entity retain immunity from suit unless that immunity has been expressly waived in this chapter.

(4)

A governmental entity and an employee of a governmental entity retain immunity from suit if an injury arises out of or in connection with, or results from, conduct or a condition described in Subsection 63G-7-201(3) or (4), even if immunity from suit for the injury is waived under Section 63G-7-301.

Amended by Chapter 300, 2017 General Session

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