Except as provided in Subsection (2), no volunteer providing services for a nonprofit organization incurs any legal liability for any act or omission of the volunteer while providing services for the nonprofit organization and no volunteer incurs any personal financial liability for any tort claim or other action seeking damage for an injury arising from any act or omission of the volunteer while providing services for the nonprofit organization if:
Terms Used In Utah Code 78B-4-102
Damage or injury: includes physical, nonphysical, economic, and noneconomic damage. See Utah Code 78B-4-101
Financially secure source of recovery: means that, at the time of the incident, a nonprofit organization:
(a)
has an insurance policy in effect that covers the activities of the volunteer and has an insurance limit of not less than the limits established under the Governmental Immunity Act of Utah in Section 63G-7-604; or
(b)
has established a qualified trust with a value not less than the combined limits for property damage and single occurrence liability established under the Governmental Immunity Act of Utah in Section 63G-7-604. See Utah Code 78B-4-101
Nonprofit organization: means any organization, other than a public entity, described in Section 501 (c) of the Internal Revenue Code of 1986 and exempt from tax under Section 501 (a) of that code. See Utah Code 78B-4-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
Volunteer: includes a volunteer serving as a director, officer, trustee, or direct service volunteer. See Utah Code 78B-4-101
(a)
the individual was acting in good faith and reasonably believed he was acting within the scope of his official functions and duties with the nonprofit organization; and
(b)
the damage or injury was not caused by an intentional or knowing act by the volunteer which constitutes illegal, willful, or wanton misconduct.
(2)
The protection against volunteer liability provided by this section does not apply:
(a)
to injuries resulting from a volunteer’s operation of a motor vehicle, a vessel, aircraft or other vehicle for which a pilot or operator’s license is required;
(b)
when a suit is brought by an authorized officer of a state or local government to enforce a federal, state, or local law; or
(c)
where the nonprofit organization for which the volunteer is working fails to provide a financially secure source of recovery for individuals who suffer injuries as a result of actions taken by the volunteer on behalf of the nonprofit organization.
(3)
Nothing in this section shall bar an action by a volunteer against an organization, its officers, or other persons who intentionally or knowingly misrepresent that a financially secure source of recovery does or will exist during a period when such a source does not or will not in fact exist.
(4)
Nothing in this section shall be construed to place a duty upon a nonprofit organization to provide a financially secure source of recovery.
(5)
The granting of immunity from liability to a volunteer under this section does not affect the liability of the nonprofit organization providing the financially secure source of recovery.
