District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0358 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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8		-	AN ACT
9		-
10		-	_____________
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	______________________________
15		-
16		-
17		-	To amend, on a temporary basis, Chapter 38 of Title 28 of the District of Columbia Official
18		-	Code to require credit reporting agencies to accept a personal statement from a consumer
19		-	indicating the consumer experienced financial hardship resulting from a public health
20		-	emergency; to prohibit users of credit reports from taking into consideration adverse
21		-	information in a report that was the result of the consumer’s action or inaction that
22		-	occurred during the public health emergency, to require credit reporting agencies to
23		-	notify residents of the right to request a personal statement, and to provide for civil action
24		-	for such violations.
25		-
26		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
27		-	act may be cited as the “Public Health Emergency Credit Alert Temporary Amendment Act of
28		-	2023”.
29		-
30		-	Sec. 2. Chapter 38 of Title 28 of the District of Columbia Official Code is amended as
31		-	follows:
32		-	(a) The table of contents for Chapter 38 is amended by adding a new subchapter
33		-	designation to read as follows:
34		-	“Subchapter IV. Public Health Emergency Credit Alert.
35		-	“28-3871. Public health emergency credit alert.”.
36		-	(b) A new section 28-3871 is added to read as follows:
37		-	“§ 28-3871. COVID-19 Emergency credit alert.
38		-	“(a)(1) If a consumer reports in good faith that the consumer has experienced financial
39		-	hardship resulting directly or indirectly from the public health emergency declared by the Mayor
40		-	(Mayor’s Order 2020-046) on March 11, 2020, , a credit reporting agency maintaining a file on
41		-	the consumer shall accept and include in that file a personal statement furnished by the consumer
42		-	indicating that the consumer has been financially impacted by the COVID-19 emergency.
43		-	“(2) A credit reporting agency shall provide that personal statement along with
44		-	any credit report provided by the agency, beginning on the date the credit reporting agency
45		-	receives the personal statement, unless the consumer requests that the personal statement be
46		-	removed. ENROLLED ORIGINAL
	8	+	A BILL 1
	9	+	2
	10	+	25-358 3
	11	+	4
	12	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	13	+	6
	14	+	________________ 7
	15	+	8
	16	+	9
	17	+	To amend, on a temporary basis, Chapter 38 of Title 28 of the District of Columbia Official 10
	18	+	Code to require credit reporting agencies to accept a personal statement from a consumer 11
	19	+	indicating the consumer experienced financial hardship resulting from a public health 12
	20	+	emergency; to prohibit users of credit reports from taking into consideration adverse 13
	21	+	information in a report that was the result of the consumer’s action or inaction that 14
	22	+	occurred during the public health emergency; to require credit reporting agencies to 15
	23	+	notify residents of the right to request a personal statement; and to provide for civil action 16
	24	+	for violations of this section. 17
	25	+	18
	26	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
	27	+	act may be cited as the “Public Health Emergency Credit Alert Temporary Amendment Act of 20
	28	+	2023”. 21
	29	+	Sec. 2. Title 28 of the District of Columbia Official Code is amended as follows: 22
	30	+	(a) The table of contents for Chapter 38 is amended by adding a new subchapter 23
	31	+	designation to read as follows: 24
	32	+	“Subchapter IV. Public Health Emergency Credit Alert. 25
	33	+	“28-3871. Public health emergency credit alert.”. 26
	34	+	(b) A new section 28-3871 is added to read as follows: 27
	35	+	“§ 28-3871. COVID-19 Emergency credit alert. 28 ENGROSSED ORIGINAL
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53		-	“(b) This section shall not apply to a federal credit union, as defined by 12 U.S.C. §
54		-	1752(1), a national bank, as defined by 12 U.S.C. § 25b(a)(1), or a federal savings association, as
55		-	defined by 12 U.S.C. § 1462(3); except, that an exception granted by this subsection shall not
56		-	apply to any entity to which the savings clause at 12 U.S.C. § 25b(b)(2) applies.
57		-	“(c) No user of a credit report shall consider adverse information in a report that was the
58		-	result of an action or inaction by a consumer that occurred during, and was directly or indirectly
59		-	the result of, the public health emergency declared by the Mayor (Mayor’s Order 2020-046) on
60		-	March 11, 2020, , if the credit report includes a personal statement pursuant to subsection (a) of
61		-	this section.
62		-	“(d) When a District resident requests a copy of a credit report pursuant to 15 U.S.C. §
63		-	1681j, the entity providing the credit report must notify the resident of the right to request a
64		-	personal statement to accompany the credit report.
65		-	“(e) If a credit reporting agency violates this section, the affected consumer may bring a
66		-	civil action consistent with 15 U.S.C. § 1681n.
67		-	“(f)(1) The Attorney General may petition the Superior Court of the District of Columbia
68		-	for temporary or permanent injunctive relief for, and for an award of damages for property loss
69		-	or harm suffered by a consumer as a consequence of, a violation of this section, or fraudulent or
70		-	deceptive conduct in violation of this section that harms a District resident.
71		-	“(2) In an action under this section, the Attorney General may recover:
72		-	“(A) A civil penalty not to exceed $1,000 for each violation; and
73		-	“(B) Reasonable attorney’s fees and costs of the action.
74		-	“(g) The following terms shall have the same meaning as defined in § 28-3861:
75		-	“(1) Consumer;
76		-	“(2) Credit report; and
77		-	“(3) Credit reporting agency.
78		-	“(h) This section shall not be construed in a manner inconsistent with 15 U.S.C. § 1681 et
79		-	seq., or any other federal law or regulation.”.
80		-
81		-	Sec. 3. Applicability.
82		-	This act shall apply as of February 3, 2022.
83		-
84		-	Sec. 4. Fiscal impact statement.
85		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
86		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
87		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
88		-
89		-
90		-
91		-	ENROLLED ORIGINAL
	42	+	“(a)(1) If a consumer reports in good faith that the consumer has experienced financial 29
	43	+	hardship resulting directly or indirectly from the public health emergency declared pursuant to 30
	44	+	section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 31
	45	+	(D.C. Law 14-194; D.C. Official Code § 7-2304.01), a credit reporting agency maintaining a file 32
	46	+	on the consumer shall accept and include in that file a personal statement furnished by the 33
	47	+	consumer indicating that the consumer has been financially impacted by the COVID-19 34
	48	+	emergency. 35
	49	+	“(2) A credit reporting agency shall provide that personal statement along with 36
	50	+	any credit report provided by the agency, beginning on the date the credit reporting agency 37
	51	+	receives the personal statement, unless the consumer requests that the personal statement be 38
	52	+	removed. 39
	53	+	“(b) This section shall not apply to a federal credit union, as defined by 12 U.S.C. § 40
	54	+	1752(1), a national bank, as defined by 12 U.S.C. § 25b(a)(1), or a federal savings association, as 41
	55	+	defined by 12 U.S.C. § 1462(3); except, that an exception granted by this subsection shall not 42
	56	+	apply to any entity to which the savings clause at 12 U.S.C. § 25b(b)(2) applies. 43
	57	+	“(c)(1) No user of a credit report shall consider adverse information in a report that was 44
	58	+	the result of an action or inaction by a consumer that occurred during, and was directly or 45
	59	+	indirectly the result of, a public health emergency declared pursuant to section 5a of the District 46
	60	+	of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. 47 ENGROSSED ORIGINAL
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98		-	Sec. 5. Effective date.
99		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
100		-	the Mayor, action by the Council to override the veto), a 30-day period of congressional review
101		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
102		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
103		-	Columbia Register.
104		-	(b) This act shall expire after 225 days of its having taken effect.
	67	+	Official Code § 7-2304.01), if the credit report includes a personal statement pursuant to 48
	68	+	subsection (a) of this section.” 49
	69	+	“(d) When a District resident requests a copy of a credit report pursuant to 15 U.S.C. § 50
	70	+	1681j, the entity providing the credit report must notify the resident of the right to request a 51
	71	+	personal statement to accompany the credit report. 52
	72	+	“(e) If a credit reporting agency violates this section, the affected consumer may bring a 53
	73	+	civil action consistent with 15 U.S.C. § 1681n. 54
	74	+	“(f)(1) The Attorney General may petition the Superior Court of the District of Columbia 55
	75	+	for temporary or permanent injunctive relief for, and for an award of damages for property loss 56
	76	+	or harm suffered by a consumer as a consequence of, a violation of this section, or fraudulent or 57
	77	+	deceptive conduct in violation of this section that harms a District resident. 58
	78	+	“(2) In an action under this section, the Attorney General may recover: 59
	79	+	“(A) A civil penalty not to exceed $1,000 for each violation; and 60
	80	+	“(B) Reasonable attorney’s fees and costs of the action. 61
	81	+	“(g) The following terms shall have the same meaning as defined in § 28-3861: 62
	82	+	“(1) “Consumer;” 63
	83	+	“(2) “Credit report;” and 64
	84	+	“(3) “Credit reporting agency”. 65
	85	+	“(h) This section shall not be construed in a manner inconsistent with the Fair Credit 66
	86	+	Reporting Act, (15 U.S.C. § 1681 et seq.), or any other federal law or regulation.”. 67 ENGROSSED ORIGINAL
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109		-	______________________________
110		-	Chairman
111		-	Council of the District of Columbia
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113		-
114		-
115		-
116		-
117		-	_________________________________
118		-	Mayor
119		-	District of Columbia
120		-
121		-
122		-
	93	+	Sec. 3. Fiscal impact. 68
	94	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 69
	95	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 70
	96	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 71
	97	+	Sec. 4. Effective date. 72
	98	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 73
	99	+	the Mayor, action by the Council to override the veto), a 30-day period of congressional review 74
	100	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 75
	101	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 76
	102	+	Columbia Register. 77
	103	+	(b) This act shall expire after 225 days of its having taken effect. 78