reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 12 - ENFORCEMENT BY ADMINISTRATOR (§§ 38-13-1201 — 38-13-1206) › Section 38-13-1201 - Judicial action to enforce liability

(1)
If a determination under section
38-13-1011
becomes final and is not subject to administrative or judicial review, the administrator may commence an action in the district court for the city and county of Denver or in an appropriate court of another state to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property. The action must be brought not later than one year after the determination becomes final.
(2)
In an action under subsection (1) of this section, if no court in this state has jurisdiction over the defendant, the administrator may commence an action in any court having jurisdiction over the defendant.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19 -088), ch. 452, p. 452, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 12 - ENFORCEMENT BY ADMINISTRATOR (§§ 38-13-1201 — 38-13-1206) › Section 38-13-1202 - Interstate and international agreement - cooperation

(1)
Subject to subsection (2) of this section, the administrator may:
(a)
Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and
(b)
Authorize in a record another state or foreign country or a person acting on behalf of the other state or country to examine its records of a putative holder as provided in part 10 of this article 13.
(2)
An exchange or examination under subsection (1) of this section may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in part 14 of this article 13 or agrees in a record to be bound by this state's confidentiality and security requirements.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19 -088), ch. 453, p. 453, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 12 - ENFORCEMENT BY ADMINISTRATOR (§§ 38-13-1201 — 38-13-1206) › Section 38-13-1203 - Action involving another state or foreign country

(1)
The administrator may join another state or foreign country to examine and seek enforcement of this article 13 against a putative holder.
(2)
On request of another state or foreign country, the attorney general may commence an action on behalf of the other state or country to enforce, in this state, the law of the other state or country against a putative holder subject to a claim by the other state or country, if the other state or country agrees to pay costs incurred by the attorney general in the action.
(3)
The administrator may request the official authorized to enforce the unclaimed property law of another state or foreign country to commence an action to recover property in the other state or country on behalf of the administrator. This state shall pay the costs, including reasonable attorney fees and expenses, incurred by the other state or foreign country in an action under this subsection (3).
(4)
The administrator may pursue an action on behalf of this state to recover property subject to this article 13 but delivered to the custody of another state if the administrator believes the property is subject to the custody of the administrator.
(5)
The administrator may retain an attorney in this state, another state, or a foreign country to commence an action to recover property on behalf of the administrator and may agree to pay attorney fees based in whole or in part on a fixed fee, hourly fee, or percentage of the amount or value of property recovered in the action.
(6)
Expenses incurred by this state in an action under this section may be paid from property received under this article 13 or the net proceeds of the property. Expenses paid to recover property shall not be deducted from the amount that is subject to a claim under this article 13 by the owner.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19 -088), ch. 453, p. 453, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 12 - ENFORCEMENT BY ADMINISTRATOR (§§ 38-13-1201 — 38-13-1206) › Section 38-13-1204 - Interest and penalty for failure to act in timely manner

(1)
A holder that fails to report, pay, or deliver property within the time prescribed by this article 13 shall pay to the administrator interest at the annual rate specified in section
39-21-110.5
on the property or value of the property from the date the property should have been reported, paid, or delivered to the administrator until the date reported, paid, or delivered.
(2)
Except as otherwise provided in section
38-13-1205
or
38-13-1206
, the administrator may require a holder that fails to report, pay, or deliver property within the time prescribed by this article 13 to pay to the administrator, in addition to interest included under subsection (1) of this section, a civil penalty of two hundred dollars for each day the duty is not performed, up to a cumulative maximum amount of five thousand dollars.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19 -088), ch. 454, p. 454, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 12 - ENFORCEMENT BY ADMINISTRATOR (§§ 38-13-1201 — 38-13-1206) › Section 38-13-1205 - Other civil penalties

(1)
If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this article 13 or otherwise willfully fails to perform a duty imposed on the holder under this article 13, the administrator may require the holder to pay the administrator, in addition to interest as provided in section
38-13-1204 (1)
, a civil penalty of one thousand dollars for each day the obligation is evaded or the duty is not performed, up to a cumulative maximum amount of twenty-five thousand dollars, plus twenty-five percent of the amount or value of property that should have been but was not reported, paid, or delivered as a result of the evasion or failure to perform.
(2)
If a holder makes a fraudulent report under this article 13, the administrator may require the holder to pay to the administrator, in addition to interest under section
38-13-1204 (1)
, a civil penalty of one thousand dollars for each day from the date the report was made until corrected, up to a cumulative maximum amount of twenty-five thousand dollars, plus twenty-five percent of the amount or value of any property that should have been reported but was not included in the report or was underreported.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19 -088), ch. 454, p. 454, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 12 - ENFORCEMENT BY ADMINISTRATOR (§§ 38-13-1201 — 38-13-1206) › Section 38-13-1206 - Waiver of interest and penalty

The administrator shall waive a penalty under section
38-13-1204 (2)
if the administrator determines that the holder acted in good faith and without negligence.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19 -088), ch. 454, p. 454, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 13 - AGREEMENT TO LOCATE PROPERTY OF APPARENT OWNER HELD BY ADMINISTRATOR (§§ 38-13-1301 — 38-13-1304) › Section 38-13-1301 - When agreement to locate property enforceable

(1)
An agreement by an apparent owner and another person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the administrator, is enforceable only if the agreement:
(a)
Is in a record that clearly states the nature of the property and the services to be provided;
(b)
Is signed by or on behalf of the apparent owner;
(c)
States the amount or value of the property reasonably expected to be recovered, computed before and after a fee or other compensation to be paid to the person has been deducted; and
(d)
States that the apparent owner may directly file a claim for property with the administrator of a state's unclaimed property act, who in Colorado is the state treasurer, without being charged a fee by the administrator.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19 -088), ch. 454, p. 454, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 13 - AGREEMENT TO LOCATE PROPERTY OF APPARENT OWNER HELD BY ADMINISTRATOR (§§ 38-13-1301 — 38-13-1304) › Section 38-13-1302 - When agreement to locate property void - rules

(1)
Subject to subsection (2) of this section, an agreement under section
38-13-1301
is void if it is entered into during the period beginning on the date the property was paid or delivered by a holder to the administrator and ending twenty-four months after the payment or delivery.
(2)
If a provision in an agreement described in subsection (1) of this section applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part on a part of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void regardless of when the agreement was entered into.
(3)
The administrator shall adopt rules governing the maximum compensation in an agreement under subsection (1) of this section. An agreement that provides for compensation in an amount that exceeds the maximum amount established by rule is unenforceable except by the apparent owner. An apparent owner or the administrator, acting on behalf of an apparent owner, or both, may file an action in the district court for the city and county of Denver to reduce the compensation to the maximum amount. On the final determination of an action filed under this subsection (3), the court may, on application, award the plaintiff its reasonable attorney fees, costs, and expenses of litigation.
(4)
An apparent owner or the administrator may assert that an agreement described in this section is void on a ground other than it provides for payment of unconscionable compensation.
(5)
This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the administrator or to contest the administrator's denial of a claim for recovery of the property.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19 -088), ch. 455, p. 455, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 13 - AGREEMENT TO LOCATE PROPERTY OF APPARENT OWNER HELD BY ADMINISTRATOR (§§ 38-13-1301 — 38-13-1304) › Section 38-13-1303 - Right of agent of apparent owner to recover property held by administrator

(1)
An apparent owner that contracts with a person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the administrator may designate the person as the agent of the apparent owner. The designation must be in a record signed by the apparent owner.
(2)
The administrator shall give the agent of the apparent owner nonconfidential status updates. The administrator shall not provide the agent of the apparent owner with any personal information as defined in section
38-13-1401
or confidential information described in section
38-13-1402
.
(3)
If authorized by the apparent owner, the agent of the apparent owner may bring an action against the administrator on behalf of and in the name of the apparent owner.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 456, p. 456, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 13 - AGREEMENT TO LOCATE PROPERTY OF APPARENT OWNER HELD BY ADMINISTRATOR (§§ 38-13-1301 — 38-13-1304) › Section 38-13-1304 - Agreements to locate reported property - overbids from foreclosure sales

(1)
Notwithstanding any provision of section
38-13-1303
to the contrary, an agreement to pay compensation to recover or assist in recovering an unclaimed overbid transferred to the administrator under section
38-38-111
is:
(a)
Not enforceable unless entered into at least two years after the date of the transfer;
(b)
Enforceable if:
(I)
The agreement is in writing and signed by the owner, as defined in section
38-38-111 (5)
;
(II)
The agreement describes the property and the date of the foreclosure sale from which the overbid was derived;
(III)
The agreement sets forth the nature of the services to be provided;
(IV)
The compensation to be paid under the terms of the agreement does not exceed:
(A)
Twenty percent of the amount of the overbid if entered into at least two years, but not more than three years, after the date of the transfer; or
(B)
Thirty percent of the amount of the overbid if entered into more than three years after the date of the transfer; and
(V)
States that the apparent owner may directly file a claim for property with the administrator, who in Colorado is the state treasurer, without being charged a fee by the administrator.
(2)
A person who induces or attempts to induce another person to enter into an agreement described in this section that does not comply with all requirements of subsection (1) of this section commits a class 2 misdemeanor.
(3)
Nothing in subsection (1) of this section prohibits an owner from asserting, at any time, that a written, signed agreement to recover or assist in recovering an overbid is based on excessive or unjust consideration.
Amended by 2021 Ch. 462, § 681, eff. 3/1/2022.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 456, p. 456, § 1, effective 7/1/2020. L. 2021: (2) amended, (SB 21-271), ch. 3292, p. 3292, § 681, effective 3/1/2022.
(1) This section is similar to former § 38-13-128.5 as it existed prior to 2020.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 14 - CONFIDENTIALITY AND SECURITY OF INFORMATION (§§ 38-13-1401 — 38-13-1408) › Section 38-13-1401 - Definitions - applicability

(1)
In this part 14, "personal information" means:
(a)
Information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's:
(I)
Social security number or other government-issued number or identifier;
(II)
Date of birth;
(III)
Home or physical address;
(IV)
Electronic-mail address or other online contact information or internet provider address;
(V)
Financial account number or credit or debit card number;
(VI)
Biometric data, health or medical data, or insurance information; or
(VII)
Passwords or other credentials that permit access to an online or other account;
(b)
Personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law; and
(c)
Any combination of data that, if accessed, disclosed, modified, or destroyed without authorization of the owner of the data or is lost or misused, would require notice or reporting under applicable federal and state privacy and data security law, whether or not the administrator or the administrator's agent is subject to the law.
(2)
Provisions of this part 14 applicable to the administrator or the administrator's records apply to an administrator's agent.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 457, p. 457, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 14 - CONFIDENTIALITY AND SECURITY OF INFORMATION (§§ 38-13-1401 — 38-13-1408) › Section 38-13-1402 - Confidential information

(1)
Except as otherwise provided in this article 13, the following are confidential and exempt from public inspection or disclosure:
(a)
Records of the administrator and the administrator's agent related to the administration of this article 13;
(b)
Reports and records of a holder in possession of the administrator or the administrator's agent; and
(c)
Personal information and other information derived or otherwise obtained by or communicated to the administrator or the administrator's agent from an examination under this article 13 of the records of a person.
(2)
A record or other information that is confidential under the law of this state other than this article 13, another state, or the United States continues to be confidential when disclosed or delivered under this article 13 to the administrator or administrator's agent.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 458, p. 458, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 14 - CONFIDENTIALITY AND SECURITY OF INFORMATION (§§ 38-13-1401 — 38-13-1408) › Section 38-13-1403 - When confidential information may be disclosed

(1)
When reasonably necessary to enforce or implement this article 13, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to:
(a)
Another department or agency of this state or the United States;
(b)
The person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the administrator of this state and if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to the requirements of this part 14; and
(c)
A person subject to an examination as required by section
38-13-1004 (1)(f)
.
(2)
Except as otherwise provided in section
38-13-1402 (1)
, the administrator shall include in published notices and on a website or database required by section
38-13-503 (3)
the name of each apparent owner of property held by the administrator. The administrator may include in published notices, printed publications, telecommunications, the internet, or other media and on the website or in the database additional information concerning the apparent owner's property if the administrator believes the information will assist in identifying and returning property to the owner and does not disclose personal information.
(3)
The administrator and the administrator's agent shall not use confidential information provided to them or in their possession except as expressly authorized by this article 13 or required by law other than this article 13.
Amended by 2021 Ch. 32, § 5, eff. 4/15/2021.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 458, p. 458, § 1, effective 7/1/2020. L. 2021: (2) amended, (SB 21 -121), ch. 133, p. 133, § 5, effective April 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 14 - CONFIDENTIALITY AND SECURITY OF INFORMATION (§§ 38-13-1401 — 38-13-1408) › Section 38-13-1404 - Confidentiality agreement

(1)
A person to be examined under section
38-13-1002
may require, as a condition of disclosure of the records of the person to be examined, that each person having access to the records disclosed in the examination execute and deliver to the person to be examined a confidentiality agreement that:
(a)
Is in a form that is reasonably satisfactory to the administrator; and
(b)
Requires the person having access to records to comply with the provisions of this part 14 applicable to the person.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 459, p. 459, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 14 - CONFIDENTIALITY AND SECURITY OF INFORMATION (§§ 38-13-1401 — 38-13-1408) › Section 38-13-1405 - No confidential information in notice

Except as otherwise provided in sections
38-13-501
and
38-13-502
, a holder is not required under this article 13 to include confidential information in a notice the holder is required to provide to an apparent owner under this article 13.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 459, p. 459, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 14 - CONFIDENTIALITY AND SECURITY OF INFORMATION (§§ 38-13-1401 — 38-13-1408) › Section 38-13-1406 - Security of information

(1)
If a holder is required to include confidential information in a report to the administrator, the information must be provided by secure means.
(2)
If confidential information in a record is provided to and maintained by the administrator or administrator's agent as required by this article 13, the administrator or administrator's agent shall:
(a)
Implement administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the information as required by the law of this state and federal law whether or not the administrator or the administrator's agent is subject to the law;
(b)
Protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information; and
(c)
Protect against unauthorized access to or use of the information that could result in substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, and policy or contract owners and their beneficiaries.
(3)
The administrator:
(a)
After notice and comment, shall adopt and implement a security plan that identifies and assesses reasonably foreseeable internal and external risks to confidential information in the administrator's possession and seeks to mitigate the risks; and
(b)
Shall ensure that an administrator's agent adopts and implements a similar plan with respect to confidential information in the agent's possession.
(4)
The administrator and the administrator's agent shall educate and train their employees regarding the plan adopted under subsection (3) of this section.
(5)
The administrator and the administrator's agent shall in a secure manner return or destroy all confidential information no longer reasonably needed under this article 13.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 459, p. 459, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 14 - CONFIDENTIALITY AND SECURITY OF INFORMATION (§§ 38-13-1401 — 38-13-1408) › Section 38-13-1407 - Security breach

(1)
Except to the extent prohibited by law other than this article 13, the administrator or administrator's agent shall notify a holder as soon as practicable of:
(a)
Suspected loss, misuse, or unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the administrator or an administrator's agent; and
(b)
Any interference with operations in any system hosting or housing confidential information that:
(I)
Compromises the security, confidentiality, or integrity of the information; or
(II)
Creates a substantial risk of identity fraud or theft.
(2)
Except as necessary to inform an insurer, attorney, investigator, or others as required by law, the administrator and an administrator's agent shall not disclose, without the express consent in a record of the holder, an event described in subsection (1) of this section to a person whose confidential information was supplied by the holder.
(3)
If an event described in subsection (1) of this section occurs, the administrator and the administrator's agent shall:
(a)
Take action necessary for the holder to understand and minimize the effects of the event and determine its scope; and
(b)
Cooperate with the holder with respect to:
(I)
Any notification required by law concerning a data or other security breach; and
(II)
A regulatory inquiry, litigation, or similar action.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 460, p. 460, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 14 - CONFIDENTIALITY AND SECURITY OF INFORMATION (§§ 38-13-1401 — 38-13-1408) › Section 38-13-1408 - Indemnification for breach

(1)
If a claim is made or action commenced arising out of an event described in section
38-13-1407 (1)
relating to confidential information possessed by an administrator's agent, the administrator's agent shall indemnify, defend, and hold harmless a holder and the holder's affiliates, officers, directors, employees, and agents as to:
(a)
Any claim or action; and
(b)
A liability, obligation, loss, damage, cost, fee, penalty, fine, settlement, charge, or other expense, including reasonable attorney's fees and costs, established by the claim or action.
(2)
The administrator shall require an administrator's agent that will receive confidential information required under this article 13 to maintain adequate insurance for indemnification obligations of the administrator's agent under subsection (1) of this section. The agent required to maintain the insurance shall provide evidence of the insurance to:
(a)
The administrator not less frequently than annually; and
(b)
The holder on commencement of an examination and annually thereafter until all confidential information is returned or destroyed under section
38-13-1406 (5)
.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 460, p. 460, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 15 - MISCELLANEOUS PROVISIONS (§§ 38-13-1501 — 38-13-1504) › Section 38-13-1501 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 461, p. 461, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 15 - MISCELLANEOUS PROVISIONS (§§ 38-13-1501 — 38-13-1504) › Section 38-13-1502 - Relation to electronic signatures in global and national commerce act

This article 13 modifies, limits, or supersedes the "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
et seq., but does not modify, limit, or supersede section 101 (c) of that act,
15 U.S.C. sec. 7001 (c)
, or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 U.S.C. sec. 7003 (b)
.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 461, p. 461, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 15 - MISCELLANEOUS PROVISIONS (§§ 38-13-1501 — 38-13-1504) › Section 38-13-1503 - Transitional provision

(1)
An initial report filed under this article 13 for property that was not required to be reported before July 1, 2020, but that is required to be reported under this article 13, must include all items of property that would have been presumed abandoned during the five-year period preceding July 1, 2020, as if this article 13 had been in effect during that period.
(2)
This article 13 does not relieve a holder of a duty that arose before July 1, 2020, to report, pay, or deliver property. Subject to section
38-13-609
, a holder that did not comply with the law governing unclaimed property before July 1, 2020, is subject to applicable provisions for enforcement and penalties in effect before July 1, 2020.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 461, p. 461, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 15 - MISCELLANEOUS PROVISIONS (§§ 38-13-1501 — 38-13-1504) › Section 38-13-1504 - Application of article - local government - exemption - notice of property

(1)
Except as otherwise provided in this section, the provisions of this article 13 do not apply to a local government that is a holder of property if:
(a)
The local government has a local ordinance or resolution relating to the disposition of property that conflicts with this article 13;
(b)
The local ordinance or resolution described in subsection (1)(a) of this section requires the local government to hold the property for the owner for at least five years after the date it is presumed abandoned under section
38-13-201 (1)(j)
; and
(c)
The local government provides the administrator with the information described in subsection (2) of this section in the same electronic format as a holder is required to use to report unclaimed property.
(2)
To satisfy subsection (1)(c) of this section, a local government must provide the administrator with the following information on or before November 1 of each year:
(a)
An alphabetical list of the owners for whom the local government holds property that is presumed abandoned under section
38-13-201 (1)(j)
; and
(b)
The value of the abandoned property that the exempt local government holds for each owner.
(3)
The administrator shall include the information received in accordance with subsection (2) of this section, along with a statement that a person claiming to be the owner must file a claim for the property with the specific local government that has the property, as part of the website or database maintained under section
38-13-503 (3)
.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-088), ch. 461, p. 461, § 1, effective 7/1/2020.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-101 - Legislative declaration

The general assembly hereby finds and declares that the growth and maintenance of museum collections, both public and private, is a matter of general public interest to the citizens of Colorado. Because museums of all kinds depend upon loans of various articles of property to augment their collections and because uncertainty regarding title to and responsibility for loaned property is a hindrance to museums in their efforts to maintain, repair, and dispose of property in their possession, it is the purpose of this article to fairly and reasonably allocate responsibilities and to provide rules for the determination of title and financial responsibilities in certain cases.
L. 88: Entire article added, p. 1250, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Loaned property" means any property accepted by a museum which is not accompanied by a transfer of title.
(2)
"Museum" means a nonprofit or public institution which is organized and operated primarily for the purpose of collecting, cataloging, exhibiting, or archiving objects of educational, scientific, historical, or aesthetic interest and the collection of which is generally open to the public. The term includes, without limitation, historical societies, parks, monuments, and libraries.
(3)
"Owner" and "lender" mean the actual owner of loaned property or his duly authorized agent, trustee, conservator, custodian, heir, or fiduciary, whether an individual, association, trust, partnership, corporation, or any similar organization capable of having an interest in property.
(4)
"Property" means all tangible objects, animate and inanimate, collected or maintained by a museum for educational, historic, or exhibition purposes.
L. 88: Entire article added, p. 1250, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-103 - Limitations on recovery of loaned property

(1)
Subject to the contrary terms of any written agreement, no action may be brought for damages or the recovery of any loaned property when:
(a)
Seven years have passed without written contact between the museum and the lender and the lender's identity or current address is unknown to the museum; or
(b)
More than one hundred twenty days have passed since a museum has given written notice of termination of a loan pursuant to section
38-14-104
and the lender has not reclaimed the loaned property; except that no lender shall be prejudiced in this regard for want of reasonable cooperation from the museum holding his loaned property.
L. 88: Entire article added, p. 1251, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-104 - Termination of loans by museums

(1)
A museum may give written notice of termination of a loan at any time after the expiration of a loan made for a specified period or at any time if the loan is for an indefinite period. Any loan not evidenced by a writing stating the term of the loan and signed by the lender shall be deemed a loan for an indefinite period.
(2)
Notice given under this section shall contain:
(a)
A description of the loaned property sufficient to identify it;
(b)
The last-known name and address of the lender;
(c)
The date of the loan or the date the loaned property was accepted by the museum if the loan was not evidenced by a writing;
(d)
The name, address, and telephone number of the appropriate officer or official at the museum to be contacted regarding the loan;
(e)
A statement referring the lender to this article and informing him that failure to reclaim his loaned property within one hundred twenty days shall result in the loss of all rights in said property.
L. 88: Entire article added, p. 1251, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-105 - Manner of giving notice

The notice required in section
38-14-103(1)(b)
shall be sufficient when mailed by certified mail, return receipt requested, delivery restricted to owner as defined in section
38-14-102(3)
, to the last-known address of the lender as reflected in the records of the museum.
L. 88: Entire article added, p. 1251, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-106 - Notice upon accepting loaned property

On and after July 1, 1988, when a museum accepts loaned property or receives written notice of a change in ownership of loaned property, the museum shall inform the lender or new lender within thirty days, in writing, of the provisions of section
38-14-103
. Where notice is not given in accordance with this section, the provisions of section
38-14-103(1)(b)
shall not apply.
L. 88: Entire article added, p. 1251, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-107 - Responsibilities of owners of loaned property

In all cases it shall be the responsibility of the owner of loaned property to notify the museum in writing of his identity and current address. It shall be the responsibility of any new owner acquiring loaned property to notify the museum within sixty days of his name and address. Any owner of loaned property shall, upon request from a museum holding loaned property, promptly provide evidence of ownership satisfactory to the museum. This section shall apply to all changes in ownership, whether by sale, gift, devise, operation of law, or any other means. So long as a museum deals honestly and in good faith, no museum shall be prejudiced by reason of any failure to deal with the true owner of any loaned property if the owner has failed to comply with the requirements of this section.
L. 88: Entire article added, p. 1252, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-108 - Museum's lien for expenses

When the lender of loaned property is unknown, a museum shall have a lien against the value of specific loaned property for expenses reasonably necessary to protect the loaned property from ordinary decay and deterioration due to natural causes, from theft, or from vandalism.
L. 88: Entire article added, p. 1252, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-109 - Representations as to ownership

A museum shall not be liable for actions taken in reasonable reliance upon the representations of one who first transfers an item of property to the museum that he is the true owner of the loaned property.
L. 88: Entire article added, p. 1252, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-110 - Disputed ownership

In cases of disputed ownership of loaned property, a museum shall not be held liable for its refusal to surrender loaned property in its possession except in reliance upon a court order or judgment.
L. 88: Entire article added, p. 1252, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-111 - Title of property purchased from museum

When a museum which acquired title to loaned property pursuant to section
38-14-103
sells said property, the purchaser shall acquire good title free of all claims and defenses.
L. 88: Entire article added, p. 1252, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LOANED PROPERTY (§§ 38-14-101 — 38-14-112) › Article 14 - LOANS TO MUSEUMS (§§ 38-14-101 — 38-14-112) › Section 38-14-112 - Property not to escheat

Loaned property in the possession of a museum at the time of the owner's death which would otherwise escheat to the state under section
15-11-105
or
15-12-914
, C.R.S., shall not so escheat but shall become the property of the museum to which it is then loaned.
L. 88: Entire article added, p. 1252, § 1, effective April 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Customer" means any person who:
(a)
Hires a molder to fabricate, cast, or otherwise prepare a die, tool, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product; or
(b)
Provides a molder with a die, tool, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product.
(2)
"Mold" means a die, tool, mold, form, or pattern.
(3)
"Molder" means any person who fabricates, casts, or otherwise prepares or uses a die, tool, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise preparing a product. "Molder" includes, but is not limited to, a tool or die maker. A molder shall not be deemed to be a warehouse as defined in section
4-7-102(a)(13)
, C.R.S.
(3.5)
"Pet animals" means dogs, cats, or other domestic animals, except livestock as defined in section
38-20-202(6)
.
(4)
"Rent temporary shelter" or "rent temporary trailer space" means shelter or trailer space that is rented for a fee for a period of time not exceeding one month, but excluding month to month tenancies that have been in effect at least four months.
L. 71: p. 951, § 3. C.R.S. 1963: § 86-1-15. L. 98: Entire section amended, p. 363, § 1, effective September 30. L. 2005: (3.5) added, p. 637, § 1, effective May 27. L. 2006: (3) amended, p. 505, § 56, effective September 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-103 - Pet animal contract to be filed

All contracts, or copies thereof, made by the owner of any pet animal with any other person, including a feeder, for the caring for the same for pay, or on shares, or in any other manner may be filed with the county clerk and recorder of the county where the owners or either of them reside, if they reside in the state, and, if the owners or either of them do not reside in the state, the copies may be filed with the county clerk and recorder of the county in which the contract was made. When such copies are so filed they shall be notice to everyone of the contents of such contracts and of the legal effect thereof.
L. 1887: p. 417, § 1. R.S. 08: § 6381. C.L. § 6429. CSA: C. 101, § 2. CRS 53: § 86-1-2. C.R.S. 1963: § 86-1-2. L. 77: Entire section amended, p. 1709, § 2, effective May 18. L. 2005: Entire section amended, p. 638, § 3, effective May 27.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-104 - [Repealed]

L. 1889: p. 188, § 4. R.S. 08: § 3006. C.L. § 6430. L. 29: p. 441, § 2. CSA: C. 101, § 3. CRS 53: § 86-1-3. C.R.S. 1963: § 86-1-3. L. 71: p. 950, § 2. L. 75: Entire section repealed, p. 1419, § 9, effective April 24.