C.R.S. tit. 24, art. 79.5 — Delinquency Charges Imposed by the State | Colorado Revised Statutes (2024 edition) — Colorado

C.R.S. § 24-79.5-101 Definitions

24-79.5-101. Definitions. As used in this article 79.5, unless the context otherwise requires: (1) "Amount due" means the amount of a fee, fine, penalty, or other separate charge due and owing to the state. (2) "Delinquency charge" means a separate fee, fine, or penalty levied as a result of the late payment of an amount due. For purposes of this article 79.5, a delinquency charge shall not include any fee, fine, or other penalty imposed: (a) In accordance with the express terms of a written contractual provision; (b) As a result of the late payment of a tax; (c) By a state, county, municipal, or other court; (d) As a result of a check, draft, or order for the payment of money that is not paid upon presentment; (e) In connection with the unlawful stopping, standing, or parking of a motor vehicle; (f) By a public library upon overdue, damaged, or destroyed materials; and (g) By a local liquor licensing authority pursuant to article 3 of title 44. (3) "State" shall have the same meaning as defined in section 11-54-102 (12), C.R.S.

C.R.S. § 24-79.5-102 Delinquency charges

24-79.5-102. Delinquency charges. (1) Notwithstanding any other provision to the contrary, the state shall not impose a delinquency charge except as provided in this section. (2) No delinquency charge may be collected by the state on any amount due that is paid in full within five days after the scheduled due date. (3) No delinquency charge shall exceed fifteen dollars or up to five percent per month, or fraction thereof, not to exceed a total of twenty-five percent of the amount due, whichever is greater. (4) No more than the amount set forth in subsection (3) of this section shall be collected by the state on any amount due regardless of the period of time during which the amount due remains in default. (5) In the event that an amount due is one of a series of payments to be made toward the satisfaction of a single fee, fine, penalty, or other charge assessed by the state, no more than the amount set forth in subsection (3) of this section shall be collected by the state on any one of such payments regardless of the period of time during which the payment remains in default. (6) No interest shall be assessed on a delinquency charge. (7) Nothing in this section shall be construed to prohibit the state from charging interest on an amount due. In no event shall such interest be charged upon a delinquency charge or any amount other than the amount due. In no event shall any such interest charge exceed an annual percentage rate of eighteen percent or the equivalent for a longer or shorter period of time. (8) Nothing in this section shall be construed to prohibit the state from recovering the costs of collection, including but not limited to disconnection or reconnection fees or penalties assessed where fraud is involved.