Bill Text: CA AB2460 | 2019-2020 | Regular Session | Amended

California Assembly Bill 2460 (Prior Session Legislation)

Bill Title: Department of Consumer Affairs: Bureau of Household Goods and Services: household movers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-01 - Referred to Com. on B., P. & E.D. [AB2460 Detail]

Download: California-2019-AB2460-Amended.html

Amended IN Assembly May 18, 2020

Amended IN Assembly May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2460

Introduced by Assembly Member Daly

February 19, 2020

An act to amend Section 19225.5 of the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL'S DIGEST

AB 2460, as amended, Daly. Department of Consumer Affairs: Bureau of Household Goods and Services: household movers.

Existing law establishes the Bureau of Household Goods and Services within the Department of Consumer Affairs. Existing law establishes the Division of Household Movers within the bureau and makes it responsible for the licensure and regulation of household movers. Existing law, the Household Movers Act, defines terms for its purposes, including “household mover,” which includes every corporation or person, as specified, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state.

Existing federal law regulating motor carrier transportation excludes from the definition of “household goods motor carrier” a motor carrier that provides transportation of household goods in containers or trailers that are entirely loaded and unloaded by an individual other than an employee or agent of the motor carrier, known as a “limited service exclusion.”

This bill would exclude from the definition of “household mover” a motor carrier that ~~falls under the federal limited service exclusion or a broker utilizing motor carriers operating under the limited service exclusion.~~ provides transportation of household goods in containers or trailers where the household goods are entirely loaded and unloaded by an individual other than an employee or agent of the motor carrier and a broker that utilizes the services of that motor carrier and does not otherwise advertise, solicit, offer, or arrange for the full service moving of used household goods by motor carrier for compensation.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 19225.5 of the Business and Professions Code is amended to read:

19225.5.

For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply:

(a) “Broker” means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee.

(b) “Bureau” refers to the Bureau of Household Goods and Services, as established in Section 9810.

(d) “Corporation” includes a corporation, a company, an association, and a joint stock association.

(e) “Department” refers to the Department of Consumer Affairs.

(f) “Director” refers to the Director of Consumer Affairs.

(g) “Fund” means the Household Movers Fund established pursuant to Section 19229.

(h) (1) “Household mover” includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. A broker, as defined in subdivision (a), shall be considered a household mover. The Legislature intends “household mover” to have the same meaning as “household goods carrier” in former Section 5109 of the Public Utilities Code, as that section read on June 30, 2018. ~~“Household~~

(2) “Household mover” does not include a either of the following:

(A) A motor carrier that ~~meets the requirements of the limited service exclusion in Section 13102 of Title 49 of the United States Code or a broker utilizing motor carriers operating under the limited service exclusion.~~ provides transportation of household goods in containers or trailers where the household goods are entirely loaded and unloaded by an individual other than an employee or agent of the motor carrier.

(B) A broker that utilizes the services of a motor carrier that meets subparagraph (A) and does not otherwise advertise, solicit, offer, or arrange for the full service moving of used household goods by motor carrier for compensation.

(i) “Inspector” refers to an inspector either employed by, or under contract to, the bureau.

(j) “Motor vehicle” means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby.

(k) “Owner,” with respect to a motor vehicle used in the transportation of property for compensation by a household mover, means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement.

(l) “Person” includes an individual, a firm, or a copartnership.

(m) “Public highway” includes every public street, road, or highway in this state.