§ 78B-2-116. Statute of limitations -- Asbestos damages -- Action by state or governmental entity.

(1)

(a) A statute of limitations or repose may not bar an action by the state or other governmental entity to recover damages from any manufacturer of any construction materials containing asbestos, when the action arises out of the manufacturer's providing the materials, directly or through other persons, to the state or other governmental entity or to a contractor on behalf of the state or other governmental entity.

(b) Subsection (1)(a) provides for actions not yet barred, and also acts retroactively to permit actions under this section that are otherwise barred.

(2) As used in this section, "asbestos" means asbestiform varieties of:

(a) chrysotile (serpentine);

(b) crocidolite (riebeckite);

(c) amosite (cummingtonite-grunerite);

(d) anthophyllite;

(e) tremolite; or

(f) actinolite.

Renumbered and Amended by Chapter 3, 2008 General Session