(1) Notwithstanding any other provision to the contrary, the state shall not impose a delinquency charge except as provided in this section.
No delinquency charge may be collected by the state on any amount due that is paidin full within five days after the scheduled due date.
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.
No more than the amount set forth in subsection (3) of this section shall be collectedby the state on any amount due regardless of the period of time during which the amount due remains in default.
In the event that an amount due is one of a series of payments to be made toward thesatisfaction 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.
No interest shall be assessed on a delinquency charge.
Nothing in this section shall be construed to prohibit the state from charging intereston 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.
Nothing in this section shall be construed to prohibit the state from recovering thecosts of collection, including but not limited to disconnection or reconnection fees or penalties assessed where fraud is involved.
Source: L. 99: Entire article added, p. 1333, § 2, effective January 1, 2000.
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