Agenda item 4 of 4
Item No. 3 - MEMO - Unclaimed Property
Aaron McCauley of the state treasurer's office has written to advise of a state statute govering unclaimed property. A copy of his letter is attached. The statute referenced is the Colorado Revised Uniform Unclaimed Property Act, CRS 38-13-101 et seq. (the “Act’). The Act generally requires holders of unclaimed property, such as the City, to disburse unclaimed cash and cash instruments to the state treasurer. I conclude the City may exempt itself from the Act, but only if it has adopted a local ordinance concerning unclaimed property which conflicts with the Act.
The Act codifies a common law rule that unclaimed property escheats (is forfeited to) the state. The focus of the Act is unclaimed money, in all of its various forms, including cash, checks, deposits, gameplay cards, currency, financial loyalty cards, gift cards, money orders, mineral lease royalties, etc. The sole exception is in the definition of tangible property: exclusively to the contents of an abandoned or unclaimed safe deposit box. Clearly, the state does not want unclaimed motor vehicles, bicycles, furniture, or any other form of abandoned property. The state treasurer only wants cash or cash equivalents.
Files
Item No. 3 - MEMO - Unclaimed Property
( 0.27 MB )
Public Comments
Commenting on this item has ended.
Online comments closed at 12:00 PM MST 12/2/24.
No comments were received.
Contents