District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0148 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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3		-
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5	3		1
	4	+	Chairman Phil Mendelson 2
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	10	+	A BILL 8
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	14	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12
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	17	+	15
	18	+	To amend, on an emergency basis due to congressional review, Chapter 39 of Title 28 of the 16
	19	+	District of Columbia Official Code to clarify that the District government is not a 17
	20	+	merchant under the District’s consumer protection law, except with respect to the 18
	21	+	application of that chapter’s landlord-tenant relations provisions to the District of 19
	22	+	Columbia Housing Authority. 20
	23	+	21
	24	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22
	25	+	act may be cited as the “Consumer Protection Clarification Congressional Review Emergency 23
	26	+	Amendment Act of 2025”. 24
	27	+	Sec. 2. Section 28-3901 of the District of Columbia Official Code is amended as follows: 25
	28	+	(a) Subsection (a)(3) is amended to read as follows: 26
	29	+	“(3)(A) “merchant” means a person, whether organized or operating for 27
	30	+	profit or for a nonprofit purpose, who in the ordinary course of business does or would sell, lease 28
	31	+	(to), or transfer, either directly or indirectly, consumer goods or services, or a person who in the 29
	32	+	ordinary course of business does or would supply the goods or services which are or would be 30
	33	+	the subject matter of a trade practice. 31 2
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7		-	AN ACT
8		-
9		-	___________
10		-
11		-
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 39 of Title 28 of the
18		-	District of Columbia Official Code to clarify that the District government is not a
19		-	merchant under the District’s consumer protection law except with respect to the
20		-	application of that chapter’s landlord- tenant relations provisions to the District of
21		-	Columbia Housing Authority.
22		-
23		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
24		-	act may be cited as the “Consumer Protection Clarification Congressional Review Emergency
25		-	Amendment Act of 2025”.
26		-
27		-	Sec. 2. Section 28- 3901 of the District of Columbia Official Code is amended as follows:
28		-	(a) Subsection (a)(3) is amended to read as follows:
29		-	“(3)(A) “merchant” means a person, whether organized or operating for profit or
30		-	for a nonprofit purpose, who in the ordinary course of business does or would sell, lease, or
31		-	transfer, either directly or indirectly, consumer goods or services, or a person who in the ordinary
32		-	course of business does or would supply the goods or services which are or would be the subject
33		-	matter of a trade practice.
34		-	“(B) Except as provided in subsection (e) of this section, “merchant” does
35		-	not include the District of Columbia, its agencies or instrumentalities, or any employee thereof
36		-	acting within the scope of the employee’s official duties;”.
37		-	(b) Subsection (e) is amended to read as follows:
38		-	“(e) Notwithstanding any other provision of this chapter, this chapter’s application to
39		-	landlord- tenant relations shall include the District of Columbia Housing Authority’s activities as
40		-	a landlord; except , that this chapter shall not be construed to otherwise apply to the District of
41		-	Columbia, its agencies or instrumentalities, or any employee thereof acting within the scope of
42		-	the employee’s official duties.”.
43		-
44		-	Sec. 3. Applicability.
45		-	(a) Section 2(a) shall apply as of June 12, 2007. ENROLLED ORIGINAL
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47		-
48		-
49		-	2
50		-
51		-	(b) Section 2(b) shall apply as of November 3, 2022.
52		-
53		-	Sec. 4. Fiscal impact statement.
54		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
55		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
56		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
57		-
58		-	Sec. 5. Effective date.
59		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
60		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
61		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
62		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
63		-	D.C. Official Code § 1-204.12(a)).
64		-
65		-
66		-
67		-
68		-
69		-	___________________________________
70		-	Chairman
71		-	Council of the District of Columbia
72		-
73		-
74		-
75		-
76		-
77		-	_________________________________
78		-	Mayor
79		-	District of Columbia
	35	+	“(B) Except as provided in subsection (e) of this section, 32
	36	+	“merchant” shall not include the District of Columbia, its agencies or instrumentalities, or any 33
	37	+	employee thereof acting within the scope of the employee’s official duties;”. 34
	38	+	(b) Subsection (e) is amended to read as follows: 35
	39	+	“(e) Notwithstanding any other provision of this chapter, this chapter’s application to 36
	40	+	landlord-tenant relations shall include the District of Columbia Housing Authority’s activities as 37
	41	+	a landlord; provided, that this chapter shall not be construed to otherwise apply to the District of 38
	42	+	Columbia, its agencies or instrumentalities, or any employee thereof acting within the scope of 39
	43	+	the employee’s official duties.”. 40
	44	+	Sec. 3. Applicability. 41
	45	+	(a) Section 2(a) shall apply as of June 12, 2007. 42
	46	+	(b) Section 2(b) shall apply as of November 3, 2022. 43
	47	+	Sec. 4. Fiscal impact statement. 44
	48	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 45
	49	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 46
	50	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 47
	51	+	Sec. 5. Effective date. 48
	52	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 49
	53	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 50
	54	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 51
	55	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 52
	56	+	D.C. Official Code § 1-204.12(a)). 53