Colorado § 40-8-101 - Undistributed overcharges turned over to municipality.

§ 40-8-101. Undistributed overcharges turned over to municipality.

(1) Except as provided in subsection (2) of this section, in all cases where there has been an overcharge by a public utility for any commodity or service on account of which rights to refunds have accrued to any municipality or the inhabitants thereof by reason of services or commodities received through the use of the streets of such municipality, with or without a franchise, and a refund of the amount overcharged has been directed by any court or other authorized governmental tribunal, and a part of such refund has not been made because of inability to find the persons entitled thereto within the time limit fixed by such court or tribunal, the court or tribunal shall direct that any such undistributed balance shall be turned over to the municipality.

(2) For gas, electric, and steam utilities, the public utilities commission may order that all or part of the undistributed balance of a refund be paid by the utility in an equitable manner to the general body of utility customers, and the public utilities commission may order a gas or electric utility to pay up to ninety percent of the undistributed balance of a refund into the fund established by the legislative commission on low-income energy and water assistance pursuant to section 40-8.5-104.

Source: L. 47: p. 704, § 1. CSA: C. 137, § 69. CRS 53: § 115-8-1. C.R.S. 1963: § 115-8-1. L. 69: p. 954, § 52. L. 90: Entire section amended, p. 1760, § 2, effective May 31. L. 92: (2) amended, p. 2137, § 1, effective May 27. L. 2021: (2) amended, (HB 21-1105), ch. 488, p. 3507, § 17, effective September 7.

ANNOTATION

This section is not a special law within the contemplation of § 25, art. V, Colo. Const., which provides that, where a general law can be made applicable, no special law shall be enacted. Sections 40-8-101 through 40-8-104 and § 15-3-614 are escheat statutes of equal dignity, each dealing with a specific kind of property. People ex rel. Dunbar v. People ex rel. City & County of Denver, 141 Colo. 459, 349 P.2d 142 (1960).

The general escheat statute, § 15-3-614, and this section must both be given effect by interpretation. Both being included in the revised statutes, both are to be given effect and are deemed to be complementary rather than conflicting. People ex rel. Dunbar v. People ex rel. City & County of Denver, 141 Colo. 459, 349 P.2d 142 (1960).

This section sets up a class based on reasonableness, and all persons or units of government coming within this class receive treatment free from any discrimination. People ex rel. Dunbar v. People ex rel. City & County of Denver, 141 Colo. 459, 349 P.2d 142 (1960).

Administrative proceeding not equated with equity action. An administrative proceeding before the public utilities commission, a quasi-judicial, regulatory agency is not to be equated with an historical equity action. Ephraim Freightways, Inc. v. Red Ball Motor Freight, Inc., 376 F.2d 40 (10th Cir. 1967).