C.R.S. Section 24-30-202.4
Collection of debts due the state

  • state agency options
  • controller’s duties
  • offsetting disbursements
  • definitions

(1)

A state agency is responsible for the collection of any debt owed to it. The controller shall advise the various state agencies concerning the collection of debts due the state through the agencies, in accordance with the fiscal rules promulgated by the controller in accordance with subsection (2) of this section, to achieve the prompt collection of debts due the agencies.

(2)

Intentionally left blank —Ed.

(a)

The controller shall promulgate fiscal rules for collection of debts due to a state agency; except that the fiscal rules do not apply to those debts under the jurisdiction of the department of revenue referred to in section 24-35-108 (1)(a). The controller shall include in the fiscal rules any requirements for a state agency to refer a debt to private counsel or a private collection agency under subsection (2)(b) of this section or to certify a debt to the department of revenue under subsection (2.5) of this section.

(b)

A state agency may refer the debt to a private counsel or private collection agency. The controller shall establish a list of private counsel or private collection agencies that a state agency may contract with for debt collection services. The controller must select the private counsel or private collection agencies included in the list of private counsel or private collection agencies through competition pursuant to the “Procurement Code”, articles 101 to 112 of this title 24.

(2.5)

A state agency may certify the amount of a debt due to the state to the department of revenue in order for the department to provide lottery offsets in accordance with section 24-30-202.7, and an offset of a state tax refund due the debtor under section 39-21-108 (3), and to the registry operator in order for the registry operator to provide limited gaming offsets in accordance with the “Gambling Payment Intercept Act”, part 6 of article 35 of this title 24.
(3)(a)(Deleted by amendment, L. 2021.)(b)(Deleted by amendment, L. 91, p. 839, § 1, effective January 1, 1992.)(c) The controller, with the consent of the state treasurer, is authorized to release or compromise any debt due the state, but only in accordance with the rules applicable thereto. Such rules may provide delegated authority and criteria for release and compromise of debts and may include provisions to prohibit the referral of debts for tax offset based on the age or amounts of debts.

(d)

Proceeds of debts collected by a state agency or by a private counsel or private collection agency are accounted for and paid into the fund from which the receivable was derived, and if the fund is no longer in existence, it is paid into the general fund.

(e)

Repealed.

(f)

and (g)(Deleted by amendment, L. 2021.)(3.5)(a)(I) The controller shall approve disbursements from state funds from the state’s central accounting system in accordance with section 24-30-202 (2). If there is an unpaid balance or debt owed, a state agency may direct the controller to withhold the amount of the disbursement that does not exceed the amount of:

(A)

Any unpaid child support debt as set forth in section 14-14-104, or child support arrearages that are the subject of enforcement services provided pursuant to section 26-13-106, as certified by the department of human services;

(B)

Any unpaid balance of tax, accrued interest, or other charges specified in article 21 of title 39, that is subject to offset under section 39-21-108 (3), and owing by the payee according to the records of the controller;

(C)

Any unpaid debt owing to the state or any agency thereof by a payee, the amount of which is found to be owing as a result of a final agency determination or the amount of which has been reduced to judgment;

(D)

Any unpaid loan due to the student loan division of the department of higher education as set forth in section 23-3.1-104 (1)(p), found to be owing to the division by a payee as a result of final agency determination; or

(E)

Any amount required to be paid to the unemployment compensation fund pursuant to articles 70 to 82 of title 8, the amount of which has been determined to be owing as a result of a final agency determination or judicial decision or that has been reduced to judgment by the division of unemployment insurance in the department of labor and employment.

(II)

Any money withheld for payment of child support debt or child support arrearages pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer for disbursement by the department of human services. For all names and amounts certified by the department of human services pursuant to section 26-13-111, the controller shall provide to the department of human services the payees’ names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(II) and any other identifying information as required by the department of human services.

(III)

Any money withheld for payment of an unpaid balance of tax, interest, or other charges specified in subsection (3.5)(a)(I) of this section and subject to offset under section 39-21-108 (3), is deposited with the state treasurer. For all names and amounts submitted by the executive director of the department of revenue pursuant to section 39-21-114 (10), the controller shall provide to the department the payees’ names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(III).

(IV)

Any money withheld for payment of an unpaid debt owing to the state pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer. For all names and amounts certified by a state agency pursuant to subsection (3.5)(a) of this section, the controller shall provide to the state agency the payees’ names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(IV).

(V)

All money withheld for payment of a student loan division debt pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer for disbursement by the state treasurer to the division. For all names and amounts certified by the division pursuant to section 23-3.1-104 (1)(q), the controller shall provide to the division the payees’ names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(V).

(VI)

The controller shall deposit with the state treasurer any money withheld for payment of unemployment compensation debt pursuant to subsection (3.5)(a)(I) of this section, and the state treasurer shall credit the money to the unemployment compensation fund. For all names and amounts certified by the division of unemployment insurance, the controller shall provide to the division the payees’ names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(VI).

(VII)

The controller shall pay any approved disbursement in excess of the unpaid balance or debt to the approved payee.

(b)

In the event that there are debts for unpaid child support, as set forth in section 26-13-111, debts for an unpaid balance of tax, interest, or other charges pursuant to article 21 of title 39, and other debts owing to the state or any agency thereof as set forth in subsection (3.5)(a)(I) of this section, the amount withheld pursuant to subsection (3.5)(a)(I) of this section is credited to the unpaid debts and is applied first to those unpaid debts in the order they appear in this subsection (3.5)(b), and any remaining amounts withheld pursuant to subsection (3.5)(a)(I) of this section is applied based on the priority determined by the controller.
(c)(Deleted by amendment, L. 2021.)(4)(Deleted by amendment, L. 99, p. 689, § 9, effective August 4, 1999.)(5)(Deleted by amendment, L. 2021.)(6) Any contract awarded to private counsel or private collection agency shall require that the contractor remain licensed under the contractor’s respective occupational licensing statutes or rules during the term of the contract. The contract shall require that a private counsel or private collection agency shall at all times act in compliance with the provisions of the “Colorado Fair Debt Collection Practices Act”, article 16 of title 5, and in compliance with any rules promulgated by the controller.
(7)(Deleted by amendment, L. 2021.)(8)(a) A collection fee for a private collection agency shall not exceed eighteen percent of the debt, and the fee for private counsel shall not exceed twenty-five percent of the debt. All fees collected and retained by a private collection agency or private counsel as payment for services collecting a debt that are not deposited in the state treasury are not subject to article 36 of title 24 or section 20 of article X of the state constitution.

(b)

The debtor is liable for repayment of the total amount of a debt due to the state, including collection fee charged by the private collection agency or private counsel, plus allowable fees and costs pursuant to subsection (8)(c) of this section and the delinquency charge pursuant to section 24-79.5-102.

(c)

If a debt due to the state is litigated and the state prevails, in addition to the collection fee, the debtor shall also be liable for the following:

(I)

Reasonable attorney fees as may be determined by the court;

(II)

Court costs as described in section 13-16-122; and

(III)

Fees incurred by the state’s attorney in processing the litigation and collection of any judgment.

(d)

If a debt due to the state is in the form of a check, draft, or order not paid upon presentment, the state agency is entitled, in addition to a collection fee, if applicable, to collect damages as specified in section 13-21-109 (1)(b)(II) and (2)(a).

(9)

and (10)(Deleted by amendment, L. 2021.)

Source: Section 24-30-202.4 — Collection of debts due the state - state agency options - controller’s duties - offsetting disbursements - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑30‑101
Department of personnel - state support services 24‑30‑102
Construction of terms 24‑30‑104
Burnham Yard rail property site - required development planning 24‑30‑201
Accounts and control - controller 24‑30‑202
Procedures - vouchers, warrants, and checks - rules - penalties - definitions 24‑30‑202.4
Collection of debts due the state - state agency options - controller’s duties - offsetting disbursements - definitions 24‑30‑202.5
Assistant state solicitors general 24‑30‑202.7
Lottery winnings offset - definitions 24‑30‑203
Refunds of money erroneously collected 24‑30‑204
Fiscal year 24‑30‑205
Duties of controller 24‑30‑207
Reports of revenue and expenditures 24‑30‑209
Statewide financial and human resources information technology systems - billing process - statewide financial information technology systems cash fund - creation 24‑30‑210
Cash fund solvency fund - creation - loans - report - legislative declaration 24‑30‑1001
Office of administrative courts - administrative courts cash fund - creation 24‑30‑1002
Appropriation of moneys 24‑30‑1003
Administrative law judges - appointment - qualifications - standards of conduct 24‑30‑1101
Legislative findings and declarations 24‑30‑1102
Definitions 24‑30‑1103
Central services 24‑30‑1104
Functions of the department - definitions - rules 24‑30‑1105
Powers of the executive director - penalties 24‑30‑1106
Appeal from decisions of director 24‑30‑1107
Existing and new equipment, personnel, applications, and systems subject to approval of director 24‑30‑1108
Revolving fund - service charges - pricing policy 24‑30‑1111
Postage meters - penalty for private use 24‑30‑1112
Permanent assignment of vehicles - state agency - verification of minimum mileage - revocation 24‑30‑1113
Assignment of vehicles to state agency officers or employees - report to legislative audit committee - definition 24‑30‑1114
Restrictions on assignment of vehicles 24‑30‑1115
Motor fleet management fund - creation 24‑30‑1117
Exclusive authority to acquire state-owned motor vehicles 24‑30‑1201
Definitions 24‑30‑1203
Purchasing requirements 24‑30‑1204
Cooperation between state agencies 24‑30‑1301
Definitions 24‑30‑1302
State buildings - transfer 24‑30‑1302.5
Office of the state architect 24‑30‑1303
Office of the state architect - responsibilities 24‑30‑1303.5
Office of the state architect to prepare and maintain inventory of state property - vacant facilities 24‑30‑1303.7
Controlled maintenance projects - flexibility in administering appropriations 24‑30‑1303.8
Governor’s mansion maintenance fund - creation - report 24‑30‑1303.9
Eligibility for state controlled maintenance funding - legislative declaration 24‑30‑1304
Life-cycle cost - legislative findings and declaration 24‑30‑1305
Life-cycle cost - application - definitions 24‑30‑1305.5
High performance standards - report - legislative declaration - definition 24‑30‑1306
Acceptance of gifts and grants 24‑30‑1307
Legislative declaration 24‑30‑1310
Funding for capital construction, controlled maintenance, or capital renewal - definitions 24‑30‑1311
Statewide planning function - responsibilities 24‑30‑1312
Accessibility signage for facilities 24‑30‑1313
Capitol complex renovation fund - created - repeal 24‑30‑1314
Capitol complex renovation - report - repeal 24‑30‑1401
Legislative declaration 24‑30‑1402
Definitions 24‑30‑1403
Professional services - listings - preliminary selections 24‑30‑1404
Contracts - definition 24‑30‑1405
Public notice 24‑30‑1406
Criminal liability 24‑30‑1407
Prior existing design plans 24‑30‑1408
Emergency contracts 24‑30‑1501
Legislative declaration 24‑30‑1502
Definitions 24‑30‑1503
Risk management system 24‑30‑1503.5
Risk management system - independent program 24‑30‑1504
Powers and duties of the department 24‑30‑1505
Powers of the executive director 24‑30‑1506
Claims investigation, claims adjustment, and support services 24‑30‑1507
Legal services 24‑30‑1508
State claims board - creation 24‑30‑1509
Powers and duties of the board 24‑30‑1510
Risk management fund - creation - authorized and unauthorized payments 24‑30‑1510.3
Risk management fund - state employee workers’ compensation account - assessment of risks to institutions of higher education 24‑30‑1510.5
Self-insured property fund - creation - authorized and unauthorized payments - executive director authorized to make payments 24‑30‑1510.7
Workers’ compensation for state employees 24‑30‑1511
State treasurer to invest funds 24‑30‑1511.5
State self-insurance funds - transfers - definition 24‑30‑1512
Risk management fund and self-insured property fund not subject to insurance laws 24‑30‑1513
State auditor - examination - report 24‑30‑1515
Compromise or settlement of claims - authority 24‑30‑1516
Rules and regulations 24‑30‑1517
Applicability 24‑30‑1519
Insurance policies 24‑30‑1520
Authorization by law to settle claims or to pay judgments 24‑30‑1801
Legislative declaration 24‑30‑1804
Institutions of higher education - statewide telecommunications network 24‑30‑2001
Definitions 24‑30‑2002
Contracts for energy analysis and recommendations 24‑30‑2003
Energy cost-savings contracts 24‑30‑2101
Short title 24‑30‑2102
Legislative declaration 24‑30‑2103
Definitions 24‑30‑2104
Address confidentiality program - creation - substitute address - uses - service by mail - application assistance centers 24‑30‑2105
Filing and certification of applications - authorization card 24‑30‑2106
Change of name, address, or telephone number 24‑30‑2107
Certification cancellation - records 24‑30‑2108
Address use by state or local government agencies 24‑30‑2109
Disclosure of actual address prohibited 24‑30‑2110
Request for disclosure 24‑30‑2111
Disclosure of address or unique identifying information in criminal and civil proceedings 24‑30‑2112
Participation in the program - orders relating to allocation of parental responsibilities or parenting time 24‑30‑2113
Rule-making authority 24‑30‑2114
Surcharge - collection and distribution - address confidentiality program surcharge fund - creation - definitions 24‑30‑2115
Address confidentiality program fund - creation - appropriations 24‑30‑2201
Short title 24‑30‑2202
Definitions 24‑30‑2203
Colorado disability funding committee 24‑30‑2204
Program to assist persons to obtain disability benefits - repeal 24‑30‑2204.5
Program to investigate, fund, and pilot projects or programs to benefit persons with disabilities 24‑30‑2205.5
Disability support fund 24‑30‑2206
License to buy and sell selected registration numbers for license plates 24‑30‑2208
Sale of registration numbers 24‑30‑2209
Creation of a private market for registration numbers - fee 24‑30‑2210
Administration 24‑30‑2211
Implementation 24‑30‑2212
Sunset review - repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 24-30-202.4’s source at colorado​.gov