District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0550 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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8		-	AN ACT
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10		-	______________
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12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	_____________________________
15		-
16		-
17		-	To amend, on an emergency basis due to congressional review, Chapter 38 of Title 28 of the
18		-	District of Columbia Official Code to require credit reporting agencies to accept a
19		-	personal statement from a consumer indicating the consumer experienced financial
20		-	hardship resulting from a public health emergency; to prohibit users of credit reports
21		-	from taking into consideration adverse information in a report that was the result of the
22		-	consumer’s action or inaction that occurred during the public health emergency; to
23		-	require credit reporting agencies to notify residents of the right to request a personal
24		-	statement; and to provide for civil action 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 Congressional Review
28		-	Emergency Amendment Act of 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 is amended by adding a new subchapter designation to read as
33		-	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
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48		-
49		-
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	4	+	______________________________ 1
	5	+	Councilmember Robert C. White, Jr. 2
	6	+	3
	7	+	4
	8	+	5
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	12	+	9
	13	+	A BILL 10
	14	+	11
	15	+	______________ 12
	16	+	13
	17	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14
	18	+	15
	19	+	________________ 16
	20	+	17
	21	+	18
	22	+	To amend, on an emergency basis due to congressional review, Chapter 38 of Title 28 of the 19
	23	+	District of Columbia Official Code to require credit reporting agencies to accept a 20
	24	+	personal statement from a consumer indicating the consumer experienced financial 21
	25	+	hardship resulting from a public health emergency; to prohibit users of credit reports 22
	26	+	from taking into consideration adverse information in a report that was the result of the 23
	27	+	consumer’s action or inaction that occurred during the public health emergency; to 24
	28	+	require credit reporting agencies to notify residents of the right to request a personal 25
	29	+	statement; and to provide for civil action for violations of this section. 26
	30	+	27
	31	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28
	32	+	act may be cited as the “Public Health Emergency Credit Alert Congressional Review 29
	33	+	Emergency Amendment Act of 2023”. 30
	34	+	Sec. 2. Title 28 of the District of Columbia Official Code is amended as follows: 31
	35	+	(a) The table of contents for Chapter 38 is amended by adding a new subchapter 32
	36	+	designation to read as follows: 33
	37	+	“Subchapter IV. Public Health Emergency Credit Alert. 34
	38	+	“28-3871. Public health emergency credit alert.”. 35
	39	+	(b) A new section 28-3871 is added to read as follows: 36
	40	+	“§ 28-3871. COVID-19 Emergency credit alert. 37
51	41		2
52	42
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 October 29, 2023.
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		-	Sec. 5. Effective date.
90		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
91		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than ENROLLED ORIGINAL
92		-
93		-
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95		-
	43	+	“(a)(1) If a consumer reports in good faith that the consumer has experienced financial 38
	44	+	hardship resulting directly or indirectly from the public health emergency declared pursuant to 39
	45	+	section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 40
	46	+	(D.C. Law 14-194; D.C. Official Code § 7-2304.01), a credit reporting agency maintaining a file 41
	47	+	on the consumer shall accept and include in that file a personal statement furnished by the 42
	48	+	consumer indicating that the consumer has been financially impacted by the COVID-19 43
	49	+	emergency. 44
	50	+	“(2) A credit reporting agency shall provide that personal statement along with 45
	51	+	any credit report provided by the agency, beginning on the date the credit reporting agency 46
	52	+	receives the personal statement, unless the consumer requests that the personal statement be 47
	53	+	removed. 48
	54	+	“(b) This section shall not apply to a federal credit union, as defined by 12 U.S.C. § 49
	55	+	1752(1), a national bank, as defined by 12 U.S.C. § 25b(a)(1), or a federal savings association, as 50
	56	+	defined by 12 U.S.C. § 1462(3); except, that an exception granted by this subsection shall not 51
	57	+	apply to any entity to which the savings clause at 12 U.S.C. § 25b(b)(2) applies. 52
	58	+	“(c)(1) No user of a credit report shall consider adverse information in a report that was 53
	59	+	the result of an action or inaction by a consumer that occurred during, and was directly or 54
	60	+	indirectly the result of, a public health emergency declared pursuant to section 5a of the District 55
	61	+	of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. 56
	62	+	Official Code § 7-2304.01), if the credit report includes a personal statement pursuant to 57
	63	+	subsection (a) of this section.” 58
	64	+	59
96	65		3
97	66
98		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
99		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
100		-	D.C. Official Code § 1-204.12(a)).
	67	+	“(d) When a District resident requests a copy of a credit report pursuant to 15 U.S.C. § 60
	68	+	1681j, the entity providing the credit report must notify the resident of the right to request a 61
	69	+	personal statement to accompany the credit report. 62
	70	+	“(e) If a credit reporting agency violates this section, the affected consumer may bring a 63
	71	+	civil action consistent with 15 U.S.C. § 1681n. 64
	72	+	“(f)(1) The Attorney General may petition the Superior Court of the District of Columbia 65
	73	+	for temporary or permanent injunctive relief for, and for an award of damages for property loss 66
	74	+	or harm suffered by a consumer as a consequence of, a violation of this section, or fraudulent or 67
	75	+	deceptive conduct in violation of this section that harms a District resident. 68
	76	+	“(2) In an action under this section, the Attorney General may recover: 69
	77	+	“(A) A civil penalty not to exceed $1,000 for each violation; and 70
	78	+	“(B) Reasonable attorney’s fees and costs of the action. 71
	79	+	“(g) The following terms shall have the same meaning as defined in § 28-3861: 72
	80	+	“(1) “Consumer;” 73
	81	+	“(2) “Credit report;” and 74
	82	+	“(3) “Credit reporting agency”. 75
	83	+	“(h) This section shall not be construed in a manner inconsistent with the Fair Credit 76
	84	+	Reporting Act, (15 U.S.C. § 1681 et seq.), or any other federal law or regulation.”. 77
	85	+	Sec. 3. Applicability. 78
	86	+	This act shall apply as of October 29, 2023. 79
	87	+	Sec. 4. Fiscal impact. 80
	88	+	4
101	89
102		-
103		-
104		-
105		-	______________________________
106		-	Chairman
107		-	Council of the District of Columbia
108		-
109		-
110		-
111		-
112		-
113		-	_________________________________
114		-	Mayor
115		-	District of Columbia
116		-
	90	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 81
	91	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 82
	92	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 83
	93	+	Sec. 5. Effective date. 84
	94	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 85
	95	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 86
	96	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 87
	97	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 88
	98	+	D.C. Official Code § 1-204.12(a)). 89