District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0090 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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7		-	AN ACT
8		-
9		-	_____________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	_______________________
14		-
15		-	To amend, on a temporary basis, section 28- 3814 of the District of Columbia Official Code to
16		-	provide a definition of the term public utility and to ensure that public utilities can
17		-	continue to engage in certain practices related to customer contact and posting of notices for disconnection of service pursuant to Chapter 3 of Title 15 of the District of Columbia Municipal Regulations.
18		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
19		-	act may be cited as the “ Protecting Consumers from Unjust Debt Collection Practices Technical
20		-	Clarification Temporary Amendment Act of 2023 ”.
21		-
22		-	Sec. 2. Section 28- 3814 of the District of Columbia Official Code is amended as follows:
23		-	(a) Subsection (a) is amended to read as follows:
24		-	“(a)(1) This section applies to conduct and practices in connection with the collection of
25		-	obligations arising from any consumer debt (other than a loan directly secured on real estate or a direct motor vehicle installment loan covered by Chapter 36 of this title).
26		-	“(2) This section shall apply to public utilities as of May 2, 2023.”.
27		-	(b) Subsection (b) is amended by adding a new paragraph (9) to read as follows:
28		-	“(9) “Public utility” shall have the same meaning as set forth in § 34–214.”.
29		-	(c) Subsection (d)(5) is amended to read as follows:
30		-	“(5) visiting or threatening to visit the household of a consumer at any time for
31		-	the purpose of collecting a debt, other than for the purpose of serving process in a lawsuit or for the purpose of a public utility contacting a utility customer pursuant to 15 DCMR § 312; and”.
32		-	(d) Subsection (e)(2) is amended to read as follows:
33		-	“(2) the disclosure, publication, or communication of information relating to a
34		-	consumer’s indebtedness to any relative, family member, friend, or neighbor of the consumer, except:
35		-	“(A) through proper legal action or process;
36		-	“(B) in connection with a matter related to a deceased consumer’s estate;
37		-	“(C) in connection with a public utility posting a notice pursuant to 15
38		-	DCMR § 312 or 15 DCMR § 314; or ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	25-90 3
	10	+	4
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	12	+	6
	13	+	_______________________ 7
	14	+	8
	15	+	9
	16	+	To amend, on a temporary basis, section 28- 3814 of the District of Columbia Official Code to 10
	17	+	provide a definition of the term public utility, to ensure that public utilities can continue 11
	18	+	to engage in certain practices related to customer contact and posting of notices for 12
	19	+	disconnection of service pursuant to Chapter 3 of Title 15 of the District of Columbia 13
	20	+	Municipal Regulations. 14
	21	+	15
	22	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
	23	+	act may be cited as the “ Protecting Consumers from Unjust Debt Collection Practices Technical 17
	24	+	Clarification Temporary Amendment Act of 2023 ”. 18
	25	+	Sec. 2. Section 28- 3814 of the District of Columbia Official Code is amended as follows: 19
	26	+	(a) Subsection (a) is amended to read as follows: 20
	27	+	“(a)(1) This section applies to conduct and practices in connection with the collection of 21
	28	+	obligations arising from any consumer debt (other than a loan directly secured on real estate or a 22
	29	+	direct motor vehicle installment loan covered by Chapter 36 of this title) 23
	30	+	“(2) This section shall apply to public utilities as of May 2, 2023.”. 24
	31	+	(a-1) Subsection (b) is amended by adding a new paragraph (9) to read as follows: 25
	32	+	“(9) “Public utility” shall have the same meaning as set forth in § 34–214.”. 26
	33	+	(b) Subsection (d)(5) is amended to read as follows: 27 ENGROSSED ORIGINAL
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40	35
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43	38		2
44		-	“(D) at the express and unsolicited request of the relative or family
45		-	member;”.
46		-	(e) Subsection (n)(1) is amended to read as follows:
47		-	“(n)(1) A debt collector who enters into a payment schedule or an agreement on terms to
48		-	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
49		-	the payment schedule or settlement agreement to the consumer shall not apply to a deferred
50		-	payment agreement entered into between a public utility and a utility customer pursuant to 15
51		-	DCMR § 306.”.
52		-
53		-	Sec. 3. Applicability.
54		-	This act shall apply as of January 1, 2023.
55		-
56		-	Sec. 4. Fiscal impact statement.
57		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
58		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
59		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
60		-
61		-	Sec. 5. Effective date.
62		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
63		-	the Mayor, action by the Council to override the veto), a 30- day period of congressional review
64		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
65		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of
66		-	Columbia Register.
67		-	(b) This act shall expire after 225 days of its having taken effect.
68		-
69		-
70		-	______________________________
71		-	Chairman
72		-	Council of the District of Columbia
	39	+	“(5) visiting or threatening to visit the household of a consumer at any time for 28
	40	+	the purpose of collecting a debt, other than for the purpose of serving process in a lawsuit or for 29
	41	+	the purpose of a public utility contacting a utility customer pursuant to 15 DCMR § 312; and”. 30
	42	+	(c) Subsection (e)(2) is amended to read as follows: 31
	43	+	“(2) the disclosure, publication, or communication of information relating to a 32
	44	+	consumer’s indebtedness to any relative, family member, friend, or neighbor of the consumer, 33
	45	+	except: 34
	46	+	“(A) through proper legal action or process; 35
	47	+	“(B) in connection with a matter related to a deceased consumer’s estate; 36
	48	+	“(C) in connection with a public utility posting a notice pursuant to 15 37
	49	+	DCMR § 312 or 15 DCMR § 314; or 38
	50	+	“(D) at the express and unsolicited request of the relative or family 39
	51	+	member;”. 40
	52	+	(d) Subsection (n)(1) is amended to read as follows: 41
	53	+	“(n)(1) A debt collector who enters into a payment schedule or an agreement on terms to 42
	54	+	resolve consumer debt shall send a written copy of the payment schedule or settlement 43
	55	+	agreement to the consumer within 7 days; except, that the requirement to send a written copy of 44
	56	+	the payment schedule or settlement agreement to the consumer shall not apply to a deferred 45
	57	+	payment agreement entered into between a public utility and a utility customer pursuant to 15 46
	58	+	DCMR § 306.”. 47 ENGROSSED ORIGINAL
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77		-
78		-	_________________________________
79		-	Mayor
80		-	District of Columbia
	63	+	3
	64	+	Sec. 3. Fiscal impact statement. 48
	65	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 49
	66	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 50
	67	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
	68	+	51
	69	+	Sec. 4. Effective date. 52
	70	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 53
	71	+	the Mayor, action by the Council to override the veto), a 30- day period of congressional review 54
	72	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 55
	73	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 56
	74	+	Columbia Register. 57
	75	+	(b) This act shall expire after 225 days of its having taken effect. 58