40-10-25.2.   Liability limitation for abandoned mine reclamation.
     (1) The state is not liable for any costs or damages resulting from action taken or not taken to carry out an abandoned mine reclamation plan.
     (2) (a) Subsection (1) does not preclude liability for costs or damages resulting from gross negligence or intentional misconduct by the state.
     (b) For purposes of this section, reckless, willful, or wanton misconduct constitutes gross negligence.

Enacted by Chapter 225, 1991 General Session
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Last revised: Thursday, May 28, 2009