Section 47-2862 - Prohibition against issuance of license or permit

Prohibition against issuance of license or permit

(a) Notwithstanding any other provision of law, the District government shall not issue or reissue a license or permit to any applicant for a license or permit if the applicant:

(1) Owes the District more than $100 in outstanding fines, penalties, or interest assessed pursuant to the following acts or any regulations promulgated under the authority of the following acts, the:

(A) Litter Control Administrative Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.) [Chapter 8 of Title 8];

(B) Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-901 et seq.) [Chapter 9 of Title 8];

(C) District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.01 et seq.) [Chapter 23 of Title 50];

(D) Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.) [Chapter 18 of Title 2];

(E) District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301 et seq.) [subchapter I of Chapter 3 of Title 50]; or

(F) The Compulsory/No-Fault Motor Vehicle Insurance Act of 1982, effective September 18, 1982 (D.C. Law 4-155; D.C. Official Code § 31-2401 et seq.) [Chapter 24 of Title 31];

(2) Owes the District more than $100 in past due taxes;

(3) Owes fines assessed to car dealers pursuant to section 2(i) of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 680; D.C. Official Code § 50-1501.02(i));

(4) Owes parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District;

(5) Owes past due District of Columbia Water and Sewer Authority service charges or fees; or

(6) Owes a vehicle conveyance fee, as that term is defined in § 50-2302.01(9).

(b) For purposes of this section, if: (A) the amount of outstanding debt over $100 is subject to dispute, (B) the applicant has properly and timely appealed the infraction, assessment, tax, or basis for the alleged debt, and (C) the appeal is pending, then the outstanding debt shall not be cause for the District government to deny the issuance or reissuance of any license or permit pursuant to subsection (a) of this section. Nothing in this section shall be construed as allowing the nonpayment of any tax, fee, fine, penalty, or any other debt owed to the District government for which payment is required by other law.

(c) A license or permit shall not be denied pursuant to subsection (a) of this section if the applicant has agreed to a payment schedule to eliminate the outstanding debt, the payment schedule has been agreed to by the District government, the applicant is complying with the payment schedule, and the payment schedule is otherwise permitted by law.

CREDIT(S)

(May 11, 1996, D.C. Law 11-118, § 3, 43 DCR 1191; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 24, 1998, D.C. Law 12-81, § 59(j), 45 DCR 745; Oct. 21, 2000, D.C. Law 13-183, § 2(c), 47 DCR 7062; Apr. 27, 2001, D.C. Law 13-289, § 601, 48 DCR 2057; Apr. 8, 2005, D.C. Law 15-307, § 201, 52 DCR 1700; Mar. 2, 2007, D.C. Law 16-191, §§ 81, 94, 53 DCR 6794; Mar. 2, 2007, D.C. Law 16-192, §§ 1011(c), 1013, 53 DCR 6899; Mar. 14, 2007, D.C. Law 16-279, § 209(b), 54 DCR 1086; Mar. 20, 2009, D.C. Law 17-303, § 2, 55 DCR 12803; Mar. 25, 2009, D.C. Law 17-353, § 164(a)(1), 56 DCR 1117.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 47-2862.
Effect of Amendments
D.C. Law 13-183 added par. (5).
D.C. Law 13-289, in subsec. (a), added par. (6).
D.C. Law 15-307, in subsec. (a), added pars. (7), (8), and (9).
D.C. Law 16-191, in subsec. (a), validated previously made technical corrections in pars. (5) to (7), and inserted “or” at the end of par. (8), and repealed par. (9) which had read as follows:
“(9) Fines assessed to pursuant to the Taxicab and Limousine Commission Establishment Amendment Act of 2004, as approved by the Committee on Public Works and the Environment on December 6, 2004 (Committee print of Bill 15-1085).”
D.C. Law 16-192, in subsec. (a), substituted “Notwithstanding any other provision of law except § 25-301(b), the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant has failed to file required District tax returns or” for “Notwithstanding any other provision of law, the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant”.
D.C. Law 16-279 rewrote subsec. (a), which formerly read:
“(a) Notwithstanding any other provision of law, the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant owes more than $100 in outstanding debt to the District as a result of:
“(1) Fines, penalties, or interest assessed pursuant to Chapter 8 of Title 8;
“(2) Fines or penalties assessed pursuant to Chapter 9 of Title 8;
“(3) Fines, penalties, or interest assessed pursuant to Chapter 18 of Title 2;
“(4) Past due taxes;
“(5) Past due District of Columbia Water and Sewer Authority service fees;
“(6) Fines or penalties assessed pursuant to Chapter 23 of Title 50;
“(7) Parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District;
“(8) Fines assessed to car dealers pursuant to [§ 50-1501.02(i)];
“(9) Fines assessed to pursuant to the Taxicab and Limousine Commission Establishment Amendment Act of 2004, as approved by the Committee on Public Works and the Environment on December 6, 2004 (Committee print of Bill 15-1085).”
D.C. Law 17-303, in subsec. (a), deleted “or” from the end of par. (4), substituted “; or” for a period at the end of par. (5), and added par. (6).
D.C. Law 17-353, in subsec. (a)(1)(F), inserted a semicolon at the end.
Emergency Act Amendments
For temporary (90 day) amendment of section, see §§ 1011(c), 1013 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) amendment of section, see § 1011(c), 1013 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) amendment of section, see §§ 13 and 20 of Finance and Revenue Technical Amendments Second Emergency Amendment Act of 2006 (D.C. Act 16-585, December 28, 2006, 54 DCR 340).
For temporary (90 day) amendment of section, see §§ 1011(c), 1013 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
For temporary (90 day) amendment of section, see § 1054(b)(1) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) amendment of section, see § 1054(b)(1) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
For legislative history of D.C. Law 11-118, see Historical and Statutory Notes following § 47-2861.
Law 12-81, the “Technical Amendments Act of 1998,” was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.
For Law 13-183, see notes following § 47-2851.11.
Law 13-289, the “Motor Vehicle and Safe Driving Amendment Act of 2000”, was introduced in Council and assigned Bill No. 13-828, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on January 22, 2001, it was assigned Act No. 13-592 and transmitted to both Houses of Congress for its review. D.C. Law 13-289 became effective on April 27, 2001.
Law 15-307, the “Department of Motor Vehicles Reform Amendment Act of 2004”, was introduced in Council and assigned Bill No. 15-1011, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on November 9, 2004, and December 7, 2004, respectively. Signed by the Mayor on December 29, 2004, it was assigned Act No. 15-704 and transmitted to both Houses of Congress for its review. D.C. Law 15-307 became effective on April 8, 2005.
For Law 16-191, see notes following § 47-2425.
For Law 16-192, see notes following § 47-2608.
For Law 16-279, see notes following § 47-2829.
Law 17-303, the “District of Columbia Vehicle Towing, Storage, and Conveyance Fee Act of 2008”, was introduced in Council and assigned Bill No. 17-394 which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on October 7, 2008, and November 18, 2008, respectively. Signed by the Mayor on December 9, 2008, it was assigned Act No. 17-591 and transmitted to both Houses of Congress for its review. D.C. Law 17-303 became effective on March 20, 2009.
For Law 17-353, see notes following § 47-308.
References in Text
The Taxicab and Limousine Commission Establishment Amendment Act of 2004 (Bill 15-1085), referred to in subsec. (a)(9), was never approved by the committee and after December 31, 2004, has no possibility of enactment.

Current through September 13, 2012