Committee advances bill shifting decedent property duties to coroners; proceeds over $50 go to unclaimed property fund

The Labor, Health & Social Services Committee on Feb. 14 advanced Senate File 75, a bill that would move responsibility for disposing of money and personal property found on decedents from clerks of district court to coroners and direct proceeds above $50 into the state's Uniform Unclaimed Property Act fund.

The bill matters because it codifies where counties say the work already happens, adds a 180-day period for next of kin to claim property, authorizes sale by public auction or other county-adopted sale methods, requires burial expenses be paid first, and places any remaining proceeds above $50 in the custody of the state treasurer under the Uniform Unclaimed Property Act. The bill as amended takes effect July 1.

Senator Case, the bill sponsor, told the committee the proposal aligns legal responsibility with practice: coroners, not clerks, typically handle property found on decedents. "What this bill does is to provide for the, disposition of property that, is found on a decedent when there's no next of kin," Senator Case said in committee testimony. He described instances ranging from small amounts of cash to personal effects and noted that clerks of district court have not generally exercised the statutory duty to manage these items.

Amanda Sanchez, clerk of district court in Fremont County, testified in support and described property examples her office has received: earbuds, guitars, trucks and jewelry. She said clerks sometimes retain unclaimed items because there was no statutory process to move them and that placing small unclaimed amounts into the unclaimed property fund would allow claimants or heirs to recover funds later. "The hopes of this bill ... [are] to move this property from just sitting with the county," Sanchez told the committee.

Representative Yen offered an amendment requiring a "good faith" effort to locate a rightful owner before property is deposited with the state unclaimed property fund. Representative Bien said the amendment was requested by the chief executive's office to avoid hidden liability and to ensure reasonable owner-notice steps are taken. The committee approved the amendment by voice vote.

Under the engrossed language presented to the committee, if no personal representative or next of kin claims property within 180 days, the coroner must cause the property to be sold at public auction or by another sale method the county adopts. Proceeds first pay burial expenses; any remaining funds in excess of $50 are to be deposited with the state treasurer under the Uniform Unclaimed Property Act.

Committee staff called a roll-call vote after debate. The committee recorded eight votes in favor and one excuse; the amendment and the bill as amended passed the committee. Chairwoman Rodriguez Williams asked that Senator Case be notified and that committee members work with a floor sponsor to carry the bill in the full legislature.

Speakers at the committee hearing included Senator Case (bill sponsor), Amanda Sanchez (Clerk of District Court, Fremont County), Representative Yen (amendment sponsor), Representative Bien (represented the chief executive's office in explanation of the amendment), Representative Gugamos (moved the bill in committee), Representative McCann (second), Mr. Caldwell (committee staff conducting roll calls), and Chairwoman Rodriguez Williams. Questions also came from Representative Austin.

What the bill does not specify in committee testimony: whether animal care or disposition (pets or livestock) is addressed beyond the general property language. Amanda Sanchez said clerks had not received animals in her experience and that typical items have been personal effects and vehicles.

Votes at a glance: Senate File 75 (as amended) '18 yes, 0 no, 1 excused; amendment by Representative Yen passed by voice vote.

The committee record shows the bill sponsor and clerks approached the committee to align the statutory text with local practice and to add procedures for notice, sale and deposit of proceeds. As passed by committee, the bill directs counties and coroners to follow the 180-day claim window, sale options approved by the county, burial-expense priority, and placement of proceeds over $50 in the state unclaimed property fund.