District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0089 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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6	2		1
7		-	AN ACT
8		-
9		-	_________________
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11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	__________________________
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16		-	To amend, on an emergency basis, section 28- 3814 of the District of Columbia Official Code to
17		-	provide a definition of the term public utility to ensure that public utilities can continue to
18		-	engage in certain practices related to customer contact and posting of notices for
19		-	disconnection of service pursuant to Chapter 3 of Title 15 of the District of Columbia
20		-	Municipal Regulations.
21		-
22		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23		-	act may be cited as the “ Protecting Consumers from Unjust Debt Collection Practices Technical
24		-	Clarification Emergency Amendment Act of 2023 ”.
25		-
26		-	Sec. 2. Section 28- 3814 of the District of Columbia Official Code is amended as follows:
27		-	(a) Subsection (a) is amended to read as follows:
28		-	“(a)(1) This section applies to conduct and practices in connection with the collection of
29		-	obligations arising from any consumer debt (other than a loan directly secured on real estate or a
30		-	direct motor vehicle installment loan covered by Chapter 36 of this title).
31		-	“(2) This section shall apply to public utilities as of May 2, 2023.”.
32		-	(b) Subsection (b) is amended by adding a new paragraph (9) to read as follows:
33		-	“(9) “Public utility” shall have the same meaning as set forth in § 34–214.”.
34		-	(c) Subsection (d)(5) is amended to read as follows:
35		-	“(5) visiting or threatening to visit the household of a consumer at any time for
36		-	the purpose of collecting a debt, other than for the purpose of serving process in a lawsuit or for
37		-	the purpose of a public utility contacting a utility customer pursuant to 15 DCMR § 312; and ”.
38		-	(d) Subsection (e)(2) is amended to read as follows:
39		-	“(2) the disclosure, publication, or communication of information relating to a
40		-	consumer’s indebtedness to any relative, family member, friend, or neighbor of the consumer,
41		-	except:
42		-	“(A) through proper legal action or process;
43		-	“(B) in connection with a matter related to a deceased consumer’s estate;
44		-	“(C) in connection with a public utility posting a notice pursuant to 15
45		-	DCMR § 312 or 15 DCMR § 314; or ENROLLED ORIGINAL
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	3	+	1
	4	+	Chairman Phil Mendelson 2
	5	+	3
	6	+	4
	7	+	A BILL 5
	8	+	6
	9	+	_________________ 7
	10	+	8
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
	12	+	10
	13	+	______________ 11
	14	+	12
	15	+	To amend, on an emergency basis, section 28-3814 of the District of Columbia Official Code to 13
	16	+	provide a definition of the term public utility, to ensure that public utilities can continue 14
	17	+	to engage in certain practices related to customer contact and posting of notices for 15
	18	+	disconnection of service pursuant to Chapter 3 of Title 15 of the District of Columbia 16
	19	+	Municipal Regulations. 17
	20	+	18
	21	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
	22	+	act may be cited as the “Protecting Consumers from Unjust Debt Collection Practices Technical 20
	23	+	Clarification Emergency Amendment Act of 2023”. 21
	24	+	Sec. 2. Section 28-3814 of the District of Columbia Official Code is amended as follows: 22
	25	+	(a) Subsection (b) is amended by adding a new paragraph (9) to read as follows: 23
	26	+	“(9) “Public utility” shall have the same meaning as set forth in § 34–214.”. 24
	27	+	(b) Subsection (d)(5) is amended to read as follows: 25
	28	+	“(5) visiting or threatening to visit the household of a consumer at any time for 26
	29	+	the purpose of collecting a debt, other than for the purpose of serving process in a lawsuit or for 27
	30	+	the purpose of a public utility contacting a utility customer pursuant to 15 DCMR § 312; and”. 28
	31	+	(c) Subsection (e)(2) is amended to read as follows: 29
	32	+	“(2) the disclosure, publication, or communication of information relating to a 30
	33	+	consumer’s indebtedness to any relative, family member, friend, or neighbor of the consumer, 31
	34	+	except: 32
50	35		2
51		-	“(D) at the express and unsolicited request of the relative or family
52		-	member;”.
53		-	(e) Subsection (n)(1) is amended to read as follows:
54		-	“(n)(1) A debt collector who enters into a payment schedule or an agreement on terms to
55		-	resolve consumer debt shall send a written copy of the payment schedule or settlement agreement to the consumer within 7 days; except, that the requirement to send a written copy of
56		-	the payment schedule or settlement agreement to the consumer shall not apply to a deferred
57		-	payment agreement entered into between a public utility and a utility customer pursuant to 15 DCMR § 306.”.
58		-	Sec. 3. Applicability.
59		-	This act shall apply as of January 1, 2023.
60		-	Sec. 4. Fiscal impact statement.
61		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
62		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
63		-	Sec. 5. Effective date.
64		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
65		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section
66		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12(a)).
67		-
68		-
69		-	______________________________
70		-	Chairman
71		-	Council of the District of Columbia
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73		-
74		-
75		-
76		-
77		-	_________________________________
78		-	Mayor
79		-	District of Columbia
	36	+	“(A) through proper legal action or process; 33
	37	+	“(B) in connection with a matter related to a deceased consumer’s estate; 34
	38	+	“(C) in connection with a public utility posting a notice pursuant to 15 35
	39	+	DCMR § 312 or 15 DCMR § 314; or 36
	40	+	“(D) at the express and unsolicited request of the relative or family 37
	41	+	member;”. 38
	42	+	(d) Subsection (n)(1) is amended to read as follows: 39
	43	+	“(n)(1) A debt collector who enters into a payment schedule or an agreement on terms to 40
	44	+	resolve consumer debt shall send a written copy of the payment schedule or settlement 41
	45	+	agreement to the consumer within 7 days; except, that the requirement to send a written copy of 42
	46	+	the payment schedule or settlement agreement to the consumer shall not apply to a deferred 43
	47	+	payment agreement entered into between a public utility and a utility customer pursuant to 15 44
	48	+	DCMR § 306.”. 45
	49	+	Sec. 3. Applicability date. 46
	50	+	This act shall apply as of January 1, 2023. 47
	51	+	Sec. 4. Fiscal impact statement. 48
	52	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 49
	53	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 50
	54	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 51
	55	+	Sec. 5. Effective date. 52
	56	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 53
	57	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 54
	58	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 55
	59	+	3
	60	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 56
	61	+	D.C. Official Code § 1-204.12(a)). 57