Bill Text: CA SB19 | 2017-2018 | Regular Session | Amended
Bill Title: Public Utilities Commission: duties and responsibilities: governance.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-10-02 - Chaptered by Secretary of State. Chapter 421, Statutes of 2017. [SB19 Detail]
Download: California-2017-SB19-Amended.html
Amended
IN
Assembly
June 22, 2017 |
Amended
IN
Senate
May 26, 2017 |
Amended
IN
Senate
March 14, 2017 |
Senate Bill | No. 19 |
Introduced by Senator Hill |
December 05, 2016 |
LEGISLATIVE COUNSEL'S DIGEST
(1)
(2)
(3)
(4)
(5)
(6)
(7)The Nuclear Facility Decommissioning Act of 1985 requires the commission to undertake certain steps relative to the decommissioning of a nuclear powerplant by an electrical corporation.
This bill would require the commission to advocate before the relevant federal entities, including the Department of Energy and the Nuclear Regulatory Commission, for expedited identification of an independent offsite spent fuel storage installation for any spent fuel stored in the state.
(8)Existing law establishes the Transportation Agency under the supervision of the Secretary of Transportation.
This bill would make legislative findings and declarations relative to
the administration working with the commission to develop a reorganization plan to transfer those duties and responsibilities of the commission over transportation-related entities that will be better performed by departments within the state’s Transportation Agency. The bill would require the Secretary of Transportation to report to the Governor and to the relevant committees of the Legislature, by February 1 of each year statistical information regarding application, permit, and enforcement activities undertaken by the agency in its administration of duties and responsibilities transferred to the agency from the commission and to include in the report an analysis of the agency’s performance in discharging those duties and responsibilities transferred to the agency from the commission.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the California Public Utilities Commission Governance, Accountability,SEC. 2.
The Legislature finds and declares that in his September 29, 2016, signing message for Senate Bills 62, 215, 512, and 661 (Chapters 806, 807, 808, and 809 of the Statutes of 2016), Governor Edmund G. Brown directed his administration to work with the Public Utilities Commission to develop a reorganization plan to transfer those duties and responsibilities of the commission over transportation-related entities that will be better performed by departments within the state’s Transportation Agency.By February 1 of each year, the secretary shall report to the Governor and to the relevant committees of the Legislature statistical information regarding application, permit, and enforcement activities undertaken by the agency in its administration of duties and responsibilities transferred to the agency from the Public Utilities Commission. The secretary shall include in the report an analysis of the agency’s performance in discharging those duties and responsibilities transferred to the agency from the Public Utilities Commission.
SEC. 3.
(a) The receiving departments or local jurisdictions described in Sections 8, 9, 34, 37, 40, 42, 45, and 46 of this act succeed to and are vested with all the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the Public Utilities Commission, its predecessors, and its officers for the purposes of those transfers of authority.SEC. 4.
Section 205 of the Business and Professions Code, as added by Section 2 of Chapter 395 of the Statutes of 2015, is amended to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:SEC. 5.
Section 205 of the Business and Professions Code, as added by Section 2 of Chapter 428 of the Statutes of 2015, is amended to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:SEC. 6.
Section 205 of the Business and Professions Code, as amended by Section 1 of Chapter 800 of the Statutes of 2016, is amended to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:SEC. 7.
Section 9810 of the Business and Professions Code is amended to read:9810.
(a) There is in the Department of Consumer Affairs a Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter and Chapter 3 (commencing with Section 19000)SEC. 8.
Chapter 3.1 (commencing with Section 19225) is added to Division 8 of the Business and Professions Code, to read:CHAPTER 3.1. Household Goods Carriers Act
Article 1. General Provisions and Definitions
19225.
This chapter may be cited as the “Household Goods Carriers Act.”19225.5.
For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply:19225.7.
In construing and enforcing the provisions of this chapter relating to citations and discipline, the act, omission, or failure of any officer, agent, or employee of any person or corporation, acting within the scope of his or her official duties or employment, is the act, omission, or failure of the employing person or corporation.19225.9.
Every power granted to or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.19226.
The regulation of the transportation of used household goods and personal effects in a motor vehicle or motor vehicles over any public highway in this state shall be exclusively as provided in this chapter. Any provision of the Public Utilities Code in conflict with the provisions of this chapter does not apply to a household goods carrier.19227.
The transportation of used household goods and personal effects in any truck or trailer for compensation over any public highway in this state is a highly specialized type of truck transportation. This chapter is enacted for the limited purpose of providing necessary regulation for this specialized type of truck transportation only, and is not to be construed for any purpose as a precedent for the extension of that regulation to any other type of truck transportation not presently so restricted.19228.
(a) Notwithstanding any other law, and until the time the director adopts regulations implementing this chapter, powers granted to, or duties imposed on, the Public Utilities Commission pursuant to the former Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code are transferred to, and may be exercised by, the director in administering this chapter.19229.
(a) The Household Goods Carriers Fund is hereby established within the State Treasury. Moneys in the fund shall be used, upon appropriation by the Legislature, by the bureau for the administration of the bureau and this chapter.19229.1.
(a) The use of the public highways for the transportation of used household goods and personal effects for compensation is a business affected with a public interest. It is the purpose of this chapter to do all of the following:19233.
This chapter shall not be construed as a regulation of commerce with foreign nations or among the several states, except insofar as those regulations are not prohibited under the provisions of the United States Constitution and the acts of the Congress of the United States.19234.
The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of clerical, inspection, investigation, and auditing personnel, as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.19234.1.
Protection of the public shall be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.Article 2. Regulation of Household Goods Carriers
19235.
A household goods carrier shall not engage in the business of transportation of used household goods and personal effects for compensation by motor vehicle over any public highway in this state, except in accordance with the provisions of this chapter, which is enacted under the power of the state to regulate the use of public highways.19236.
(a) Each household goods carrier shall display on each vehicle operated by it an identification symbol in the form and in accordance with rules and regulations prescribed by the bureau. The identifying symbols displayed by carriers subject to the Interstate Commerce Commission Order Ex Parte No. MC-41, Identification of Motor Carrier Vehicles, November 17, 1954, effective January 3, 1955, shall serve in lieu of the display requirements of this section, if the identifying symbols have been recorded by the household goods carrier with the bureau.19237.
(a) A household goods carrier shall not engage, or attempt to engage, in the business of the transportation of used household goods and personal effects by motor vehicle over any public highway in this state, including by any means or media, advertising, soliciting, offering, arranging as a broker, or entering into an agreement regarding the transportation of used household goods and personal effects, unless both of the following are satisfied:19238.
(a) To obtain an original permit, an applicant shall submit to the bureau an application in writing, on a form containing information prescribed by the bureau, which is verified under oath, and accompanied by proof of service upon those interested parties, as required by the bureau. The bureau shall require the applicant to attest in the application to facts demonstrating that the applicant is not barred by law or court order from acting as a household goods carrier.19239.
(a) Before a permit is issued, the bureau shall require the applicant to establish ability and reasonable financial responsibility to initiate the proposed operations. The bureau shall require the applicant to establish his or her knowledge and ability to engage in business as a household goods carrier by examination. The examination may be written or oral, or in the form of a demonstration of skill, or any combination of these, and any investigation of character, experience, and any tests of technical knowledge and manual skill that the bureau determines to be appropriate may be employed. In any examination, the qualification of the applicant shall be determined by an appraisal made by a member of the bureau’s staff. The criteria used by the bureau staff in making the required appraisal to determine whether the applicant has met the qualifications shall be established by the bureau by rule or regulation, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An applicant who has been determined to be unqualified may establish his or her qualifications through a subsequent examination, but no subsequent examination shall be taken prior to 30 days from the date when the applicant was found to be unqualified. If the staff member determines that the applicant is not qualified and denies the application, the bureau shall notify the applicant in writing. Within 30 days of service of the notice, the applicant may file a written request with the bureau for a hearing on the denial. Upon receipt of a timely filed request, the bureau shall request that the matter be set for a hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. If the staff member determines that the applicant is qualified, the bureau may issue a permit without a hearing.19239.1.
(a) Except as provided for in subdivision (b), every household goods carrier, as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, shall have on file with the bureau a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance in the applicant’s or licensee’s business name. A Certificate of Workers’ Compensation Insurance shall be issued and filed, electronically or otherwise, by an insurer duly licensed to write workers’ compensation insurance in this state. If reciprocity conditions exist, as provided in Section 3600.5 of the Labor Code, the bureau shall require the information deemed necessary to ensure compliance with this section.19239.2.
(a) The bureau shall accept a certificate required by Section 19239.1 as of the effective date shown on the certificate, if the certificate is received by the bureau within 90 days after that date, and shall reinstate the license to which the certificate pertains, if otherwise eligible, retroactive to the effective date of the certificate.19239.3.
The bureau shall not issue or authorize the transfer of any permit under this chapter to any person or corporation against whom a final judgment has been entered and whose name has been transmitted to the bureau pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.19239.4.
(a) The failure of a licensee to obtain or maintain workers’ compensation insurance coverage, if required under this chapter, shall result in the suspension of the license by operation of law in accordance with the provisions of this section, but this suspension shall not affect, alter, or limit the status of the licensee as an employer for purposes of Section 3716 of the Labor Code.19240.
(a) Each original application for issuance of a permit under this chapter shall be accompanied by the applicable fee specified in Section 19288.19241.
(a) A household goods carrier, under its permit, may also transport used office, store, and institution furniture and fixtures. The bureau shall not regulate the service, routes, or prices charged for the transportation of used office, store, and institution furniture and fixtures by a household goods carrier. The bureau shall do nothing under this section that is in conflict with federal law as contained in Section 14501 of Title 49 of the United States Code.19242.
The bureau shall establish rules and regulations governing the notification to shippers of any delay in the delivery of goods beyond the date agreed to by the carrier and the shipper, if any, at the time the service was undertaken. All household goods carriers shall observe such rules and regulations and the failure so to do is unlawful.19243.
(a) The bureau may establish rules for the performance of any service of the character furnished or supplied by household goods carriers. Every household goods carrier shall observe these rules. Failure to do so is unlawful. A violation of the chapter or the bureau’s rules may be grounds for discipline.19244.
It is unlawful for the owner of a household goods carrier motor vehicle employing or otherwise directing the driver of the vehicle to permit the operation of the vehicle upon any public highway for compensation without first having obtained from the bureau a permit pursuant to this chapter or without first having complied with the vehicle identification requirements of Section 19236 or with the accident liability protection requirements of Section 19248.19245.
(a) Except as provided in Section 19237, a household goods carrier in compliance with this chapter has a lien on used household goods and personal effects to secure payment of the amount specified in subdivision (b) for transportation and additional services ordered by the consignor. A lien does not attach to food, medicine, or medical devices, items used to treat or assist an individual with a disability, or items used for the care of a minor child.19246.
(a) For purposes of this section, the following terms have the following meanings:“IMPORTANT NOTICE ABOUT YOUR MOVE
____________________________________________________________
____________________________________________________________
___________________________________________________________.
“If you request additional or different services at the time of the move, you may be asked to complete a Change Order which will set forth your agreement to pay for additional fees for those newly requested services. If you agree to the additional charges on that Change Order, those charges may be added to the “NOT TO EXCEED” amount set forth above. If you do not agree to the amounts listed in the Change Order, you should not sign it and may refuse the mover’s services.
_____
Insert toll-free number
_____
. | |
“I have completed this form and provided the consumer (shipper) with a copy of this notice. “Signed ________________________ Dated __________________ | |
“I have been provided with a copy of this form. “Signed ________________________ Dated _________________” |
19247.
Every household goods carrier shall add a prominent link to its Internet Web site that immediately directs all consumers to the bureau’s Internet Web site.Article 3. Accident Liability Protection
19248.
(a) The bureau, in granting permits pursuant to this chapter, shall require the household goods carrier to procure, and continue in effect during the life of the permit, adequate protection against liability imposed by law upon carriers for the payment of damages for personal bodily injuries, including death resulting therefrom, and property damage in the following amounts:19249.
The protection required under this article shall be evidenced by the deposit of any of the following with the bureau covering each vehicle used or to be used under the permit applied for:19250.
With the consent of the bureau a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic copy of the policy, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the bureau in lieu of the original or a duplicate or counterpart of the policy.19251.
The protection against liability shall be continued in effect during the active life of the permit. The policy of insurance or surety bond shall not be cancelable on less than 30 days’ written notice to the bureau.19252.
The bureau may establish such rules and regulations as are necessary to enforce this article.Article 4. Rates
19253.
(a) The bureau shall establish or approve maximum or minimum or maximum and minimum rates to be charged by household goods carriers for the transportation of used household goods and personal effects and for accessorial service performed in connection with the transportation.19253.1.
A household goods carrier shall not advertise, quote, or charge a rate or an amount for the transportation of used household goods and personal effects that is based on the amount of cubic feet or other volumetric unit measurement of those household goods and effects. In addition to any other remedy, a household goods carrier that violates this section shall not be entitled to any compensation for the transportation of the household goods and effects and shall make restitution to the shipper of any compensation collected.19253.2.
The bureau may establish procedures by which any household goods carrier may charge or collect a greater rate than the maximum rate established under this chapter.19253.3.
The bureau shall make any rules that are necessary to the application and enforcement of the rates established or approved pursuant to this chapter.19254.
A household goods carrier shall not directly or indirectly pay any commission to a shipper, consignee, or the employee thereof, or to the payer of the transportation charges, or refund, or remit to those persons, in any manner or by any device any portion of the rates or charges so specified, except upon authority of the bureau.19255.
No household goods carrier, no officer or agent of a household goods carrier, and no person acting for or employed by a household goods carrier shall, by means of known false billing, classification, weight, weighing or report of weight, or by any other device, assist, suffer, or permit any corporation or person to obtain transportation for any property between points within this state at rates less than the minimum rates or more than the maximum rates then established, approved, or administered by the bureau.19256.
No person, no corporation, and no officer, agent, or employee of a corporation shall, by means of false billing, false or incorrect classification, false weight or weighing, false representation as to the content or substance of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of a household goods carrier, or any of its officers, agents, or employees, seek to obtain or obtain transportation for property at less than the minimum rates or charges or more than the maximum rates or charges established, approved, or administered by the bureau.19257.
No person, no corporation, and no officer, agent, or employee of a corporation, shall knowingly, directly or indirectly by any false statement or representation as to cost or value or the nature or extent of damage, or by the use of any false billing, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, or upon any false, fictitious, or fraudulent statement or entry, obtain or attempt to obtain any allowance, rebate, or payment for damage in connection with or growing out of the transportation of property subject to this chapter, or an agreement to transport property subject to this chapter, whether with or without the consent or connivance of a household goods carrier, or any of its officers, agents, or employees. No household goods carrier and no officer, agent, or employee of a household goods carrier shall knowingly pay or offer to pay any such allowance, rebate, or claim for damage.Article 5. Reports, Records, and Inspections
19258.
(a) Each household goods carrier maintaining an office or place of business within this state and offering intrastate service shall keep in that office or place of business all books, accounts, papers, and records required by the bureau to be kept within this state. Those books, accounts, papers, or records shall not be, at any time, removed from the state except upon such conditions as the bureau prescribes. Carriers performing intrastate service as household goods carriers that do not maintain an office or place of business within this state shall make books, accounts, papers, and records pertaining to the intrastate service available to the bureau at its request at a place designated within this state for examination by the bureau, or in the alternative reimburse the bureau for the actual expense of examining those books, accounts, papers, or records at the place outside of the state where those records are kept.19259.
The bureau may require any household goods carrier to file with it a true copy of any contract, agreement, or arrangement between the carrier and any other carrier in relation to any traffic affected by this chapter.19260.
The bureau may prescribe the forms of any accounts, records, and memoranda, including those pertaining to the movement of traffic and the receipt or expenditure of money, to be kept by household goods carriers, and the length of time the accounts, records, and memoranda shall be preserved.19260.1.
If the bureau has prescribed the forms of accounts, records, and memoranda to be kept by a household goods carrier for any of its business, it is unlawful for any household goods carrier to keep any accounts, records, or memoranda for that business other than those so prescribed or those prescribed by or under the authority of any other state or of the United States, excepting those accounts, records, or memoranda that are explanatory of and supplemental to the accounts, records, or memoranda prescribed by the bureau.19260.2.
The bureau and its authorized employees, representatives, and inspectors shall at all times have access to all lands, buildings, and equipment of household goods carriers used in connection with the operation of their businesses as household goods carriers in this state, and also all accounts, records, and memoranda, including all documents, books, papers, and correspondence kept or required to be kept by household goods carriers, and may photocopy or electrostatically or photostatically reproduce at the bureau’s expense any of these accounts, records, memoranda, documents, books, papers, and correspondence at either the premises of the carrier or the offices of the bureau. A carrier may determine whether the copying or reproduction is done at its premises or at the offices of the bureau, and if copying or reproduction expenses are incurred by the carrier, the bureau shall, upon request, reimburse the carrier for the expenses.19260.3.
The employees, representatives, and inspectors of the bureau may inspect and examine any lands, buildings, equipment, accounts, books, records, and memoranda, including all documents, papers, and correspondence kept or required to be kept by household goods carriers.19261.
Sections 19258 to 19260.3, inclusive, shall, to the extent deemed necessary by the bureau, apply to persons having control, direct or indirect, over or persons affiliated with any household goods carrier.19262.
Any employee of the bureau who divulges any fact or information that comes to his or her knowledge during the course of the examination of the accounts, records, and memoranda of household goods carriers, except as he or she is authorized or directed by the bureau or by a court of competent jurisdiction or a judge of the court, is guilty of a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than three months, or both.19263.
(a) Every household goods carrier shall furnish to the bureau annually, as specified by the bureau, a list, prepared under oath, of all vehicles used in transportation for compensation during the preceding year. The bureau shall furnish a copy of this list to the Department of the California Highway Patrol and to the carrier’s insurer, if the carrier’s accident liability protection is provided by a policy of insurance.Article 5.3. Delivery and Claims
19265.
A claim against a household goods carrier for loss or damage of goods shall not be denied solely because the lost or damaged goods were not noted at the time of delivery. Whenever a household goods carrier requires a signed statement acknowledging delivery and receipt of goods, the statement shall not include any representation that the goods were delivered in satisfactory condition, but shall include a notice that the shipper may file a claim with the carrier for lost or damaged goods.Article 5.4. Subhauling Agreements
19266.
A household goods carrier shall not transport household goods under a subhauling agreement unless each of the following occurs:19266.1.
The bureau shall adopt any rules and regulations it determines to be necessary to enforce the requirements of this article.19266.2.
This article does not apply to a subhauling agreement when the subhauler is not otherwise subject to this chapter for activity related to the subhauling agreement.Article 5.5. Estimates
19267.
The bureau shall establish rules and regulations controlling the estimates given by a household goods carrier to a shipper of the charges the carrier would make to perform services covered by this chapter. All household goods carriers shall observe those rules and regulations and the failure so to do is unlawful. The bureau shall make such rules and regulations as are necessary to the application and enforcement of rules and regulations established pursuant to this section.Article 6. Proceedings
19268.
(a) Except as otherwise provided in this chapter, all proceedings under this chapter to deny, suspend, amend, revoke, or place on probation a permit or license shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.19269.
Whenever the bureau determines that any household goods carrier or any officer, director, or agent of any household goods carrier is failing or omitting, or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, regulation, direction, or requirement administered by the bureau, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, in violation of law or of any order, decision, rule, regulation, direction, or requirement administered by the bureau, the bureau may request the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state to make an application to the superior court in and for the county, or city and county, in which the cause or some part of the cause arose, or in which the corporation complained of has its principal place of business, or in which the person complained of resides for the purpose of having the violations or threatened violations stopped and prevented, either by mandamus or injunction, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carrier’s expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle. Any action or proceeding brought pursuant to this section by the Attorney General, or a district attorney, county counsel, city attorney, or city prosecutor, as applicable, shall be brought in the name of the people of the State of California, by petition to the superior court, alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction.19269.1.
(a) Whenever the bureau determines that any household goods carrier or any officer, director, or agent of any household goods carrier has abandoned, or is abandoning, stored household goods or property of any shippers under contract with the carrier or carriers, it may request the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state to commence a proceeding in superior court for the purpose of having the court appoint either a receiver or bureau staff to identify the stored items of property, to take possession of the property, and to arrange the return of the property to its owners in accordance with the orders of the court and with regard for the protection of all property rights involved.19270.
Upon the filing of such a petition, the court shall specify a time, not exceeding 20 days after the service of the copy of the petition, within which the household goods carrier complained of shall answer the petition, and in the meantime the carrier may be restrained. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances of the case. Those corporations or persons that the court deems necessary or proper to be joined as parties, in order to make its judgment, order, or writ effective, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief.Article 7. Suspension and Revocation of Permits
19271.
The bureau may, at the request of any household goods carrier, suspend the operating permit of the carrier for a definite time during which it is unlawful for the carrier to conduct any operations as a household goods carrier.19272.
Upon the suspension of a permit, the bureau shall require the removal from any vehicle operated under the permit of any identifying symbols that have been placed on the vehicle.19273.
Upon the termination of the period of suspension, the bureau shall restore the permit and the carrier shall again place on all vehicles the identifying symbols removed pursuant to the suspension.19274.
A permit shall remain in effect until suspended or terminated as provided in this chapter. Any permit not exercised for a period of one year, inclusive of all periods of suspension, shall lapse and terminate.19274.1.
(a) The bureau shall only authorize a sale, lease, assignment or other transfer of a permit to a transferee who has qualified in the manner provided by Section 19239.19275.
(a) The bureau may suspend the permit of any household goods carrier after notice and an opportunity to be heard, if the carrier knowingly and willfully files a false report with the bureau.19275.1.
(a) Upon receipt of a stop order issued by the Director of Industrial Relations pursuant to Section 3710.1 of the Labor Code, the bureau shall investigate to determine whether the household goods carrier has filed a false statement relative to workers’ compensation insurance coverage, in violation of statute, or of rules or orders administered by the bureau. If, after notice and an opportunity to be heard, the bureau determines that there has been a violation of statute, or of rules or orders administered by the bureau, the bureau shall impose appropriate penalties, which may include a fine and suspension of operating authority for a violation.19275.2.
(a) (1) Upon receipt of a written recommendation from the Department of the California Highway Patrol that the permit of a household goods carrier be suspended for any of the following, the bureau, pending a hearing in the matter pursuant to subdivision (d), shall initiate proceedings to suspend the carrier’s permit:19276.
After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a household goods carrier to conduct any operations as a household goods carrier. The bureau may either grant or deny an application for a new permit whenever it appears that a prior permit of the applicant has been canceled or revoked pursuant to Section 19275, or whenever it appears, after a hearing, that as a prior permit holder, the applicant engaged in any of the unlawful activities set forth in Section 19275 for which its permit might have been canceled or revoked.Article 8. Fines and Penalties
19277.
(a) Every household goods carrier and every officer, director, agent, or employee of any household goods carrier who violates or who fails to comply with, or who procures, aids, or abets any violation by any household goods carrier of any provision of this chapter or any rule or regulation administered by the bureau pursuant to this chapter, or of any operating permit issued to any household goods carrier, or who procures, aids, or abets any household goods carrier in its failure to obey, observe, or comply with any such rule, regulation, or operating permit, is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500) or by imprisonment in the county jail for not more than three months, or both. If a violation is willful, each willful violation is punishable by a fine of not more than ten thousand dollars ($10,000) or by imprisonment in the county jail for not more than one year, or both. If the violation involves operating or holding oneself out as a household goods carrier without a permit, the fine shall be not less than one thousand dollars ($1,000).19277.1.
Every household goods carrier, and every officer, director, agent, or employee of a household goods carrier, who displays on any vehicle any identifying symbol other than the symbol prescribed by the bureau pursuant to Section 19236 or who fails to remove an identifying symbol when required by the bureau, is guilty of a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in the county jail for not more than one year, or both.19278.
Every corporation or person other than a household goods carrier, who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a corporation, copartnership, or any other person other than a household goods carrier, violates any provision of this chapter or fails to observe, obey, or comply with any rule, regulation, or requirement administered by the bureau pursuant to this chapter, or who procures, aids, or abets any household goods carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any such rule, regulation, or requirement, is guilty of a misdemeanor, and is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than three months, or both.19279.
Except as otherwise provided in this chapter, every household goods carrier and every officer, director, agent, or employee of any household goods carrier who violates or who fails to comply with, or who procures, aids, or abets, any violation by any household goods carrier of any provision of this chapter, or who fails to obey, observe, or comply with any rule, regulation, or requirement administered by the bureau pursuant to this chapter, or with any operating permit issued to any household goods carrier, or who procures, aids, or abets any household goods carrier in its failure to obey, observe, or comply with any such rule, regulation, requirement, or operating permit, is subject to a citation and fine of not more than five hundred dollars ($500) for each offense. This section does not prohibit the bureau from seeking to deny, suspend, revoke, or place on probation an operating permit, in lieu of issuing a citation and fine.19279.1.
Whenever the bureau finds that any person or corporation is operating as a household goods carrier without a valid permit, or is holding itself out as such a carrier without a valid permit in contravention of Section 19279.3, the bureau may issue a citation and fine of not more than five thousand dollars ($5,000) for each violation. The bureau may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the bureau.19279.2.
Every corporation or person other than a household goods carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a corporation, copartnership, or any other person other than a household goods carrier, violates any provision of this chapter or fails to observe, obey, or comply with any order, decision, rule, regulation, direction, demand, or requirement administered by the bureau pursuant to this chapter, or who procures, aids, or abets any household goods carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any such order, decision, rule, regulation, direction, demand, or requirement, is subject to a citation and fine of not more than five hundred dollars ($500) for each offense.19279.3.
Every corporation or person who knowingly and willfully issues, publishes, or affixes, or causes or permits the issuance, publishing, or affixing, of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the corporation or person is in operation as a household goods carrier without having a valid permit issued under this chapter is guilty of a misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500).19280.
Every household goods carrier that falsifies permit status, membership in an association, or location is subject to a citation and fine of not more than two thousand five hundred dollars ($2,500) per day that the carrier is in violation of this section.19281.
Every violation of the provisions of this chapter or of any order, decision, decree, rule, regulation, direction, demand, or requirement administered by the bureau pursuant to this chapter by any household goods carrier, any corporation, or any person is a separate and distinct offense, and in case of a continuing violation, each day’s continuance thereof is a separate and distinct offense.19282.
All remedies and penalties accruing under this chapter are cumulative to each other and to the remedies and penalties available under any other law, and a suit for the recovery of one remedy or penalty does not bar or affect the recovery of any other remedy, penalty, or forfeiture or bar any criminal prosecution against any person or corporation, or any officer, director, agent, or employee thereof, or any other corporation or person.19283.
Fines not paid to the bureau within the specified time period for a violation of this chapter or any order, decision, rule, regulation, direction, demand, tariff, or requirement administered by the bureau pursuant to this chapter shall be cause to deny the renewal of a permit or to suspend, revoke, or place it on probation.19283.1.
(a) The bureau shall ensure that this chapter is enforced and obeyed, and that violations thereof are promptly prosecuted and that moneys due to the state are recovered and collected.19283.2.
All fines recovered by the bureau pursuant to this chapter, together with the costs thereof, shall be paid into the Enforcement Proceeds Account within the fund19284.
(a) Whenever a written notice to appear has been mailed to the owner of a household goods carrier motor vehicle, an exact and legible duplicate copy of the notice, when filed with the magistrate in lieu of a verified complaint, is a complaint to which the defendant may plead guilty.Article 9. Household Goods Carriers Uniform Business License Fee Act
19285.
This article may be cited as the Household Goods Carriers Uniform Business License Fee Act.19286.
An adequate transportation system is essential to the welfare of the state, and an important part of that system is service rendered by household goods carriers.19287.
On and after the effective date of this article, a city, county, or a city and county shall not assess, levy, or collect an excise or license tax of any kind, character, or description whatever upon the intercity transportation business conducted on or after the effective date of this article, by any household goods carriers, or person or corporation, owning or operating motor vehicles in the transportation of property for hire upon the public highways, under the jurisdiction of the bureau. For purposes of this article, intercity transportation business includes every service performed in the connection with transportation of property by transportation companies where both the origin point and the destination point of the transported property are not within the exterior boundaries of a single city or city and county.19288.
(a) On and after the effective date of this article, there is imposed upon every household goods carrier, and every person or corporation, owning or operating motor vehicles in the transportation of property for hire upon the public highways, under the jurisdiction of the bureau, a permit fee that shall be paid to the bureau, and shall be payable on the issuance, the biennial renewal, and reinstatement of each permit granted under this chapter.Fee Type | Fee Amount |
Original application | $500.00 |
Biennial license fee | $5,000.00 |
Renewal license fee | $3,000.00 |
Reinstatement after suspension - license not expired | $3,000.00 |
Reinstatement after suspension - license expired | $5,000.00 |
Reinstatement after cancellation or revocation | $5,500.00 |
Reinstatement after reinspection | $125.00 |
Delinquency fee for failure to file timely reports | $25.00 |
Transporter fee for carriers electing to transport used office, store, and institution furniture and fixtures | $150.00 |
Permit transfer fee | $150.00 |
Permit transfer fee for deceased permittee | $25.00 |
19289.
(a) Any person who submits to the bureau a check for fees that is returned unpaid shall pay all subsequent required fees by cashier’s check or money order.19290.
(a) Permits issued under this chapter expire two years from the date of issuance. To renew a permit, a permittee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the chief, and pay the fees prescribed in Section 19288. Notwithstanding Section 163.5, if a permittee fails to renew the permit before its expiration, a delinquency fee of 20 percent shall be added to the renewal fee. If the renewal fee and delinquency fee are not paid within 90 days after expiration of a license, the permittee shall be assessed an additional fee of 30 percent of the renewal fee.19292.
The employees, representatives, auditors, and inspectors of the bureau may, under its order or direction, inspect and examine any books, accounts, records, memoranda, documents, papers, and correspondence kept by any person, corporation, or person having direct or indirect control over a person or corporation subject to this chapter. A permittee’s failure to allow an inspection pursuant to this section is grounds for suspension or revocation of the permit.19293.
(a) The bureau may establish rules and regulations as it deems necessary to carry out this article.Article 10. Operative Date
19294.
This chapter shall become operative on July 1, 2018.SEC. 9.
Article 2.9 (commencing with Section 759) is added to Chapter 5 of Division 3 of the Harbors and Navigation Code, to read:Article 2.9. Accident Liability Protection for Vessels
759.
For purposes of this article, the following provisions shall apply:759.2.
The division shall require every for-hire vessel company to procure, and continue in effect so long as the for-hire vessel company continues to offer its services for compensation, adequate protection against liability imposed by law upon a for-hire vessel company for the payment of damages for personal bodily injuries, including death resulting from those services, and property damage as a result of an accident.759.4.
The division shall, after a public hearing, set the amount of liability insurance, required by Section 759.2, that is reasonably necessary to provide adequate compensation for damage incurred through an accident involving a for-hire vessel company. This amount shall be subject to periodic adjustment pursuant to the process described in this article.759.6.
The protection required under Section 759.2 shall be evidenced by deposit with the division, covering each vessel used or to be used in for-hire vessel operations for compensation, of any of the following:759.8.
With the consent of the division, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the division in lieu of the original or a duplicate or counterpart of the policy.759.10.
The protection against liability shall be continued in effect so long as the for-hire vessel company continues to offer its services for compensation. The policy of insurance or surety bond shall not be cancelable on less than 30 days’ written notice to the department, except in the event of cessation of operations as a for-hire vessel company.759.12.
The division may establish rules as are necessary to enforce this article.759.14.
Any for-hire vessel company that knowingly refuses or fails to procure protection against liability, as required by Section 759.2, is guilty of a misdemeanor.759.16.
Following an administrative hearing, the division may impose a penalty of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) upon any for-hire vessel company that violates any provision of this article or that fails to obey, observe, or comply with any rule established by the division pursuant to Section 759.12.759.18.
(a) Upon filing of the evidence of liability protection pursuant to Section 759.2, the division shall provide a certificate of filing to the for-hire vessel company. The certificate shall be no larger than 8 ½ by 11 inches in size. The for-hire vessel company shall post the certificate of filing on the vessel in a prominent location that is visible to the passengers.759.20.
Upon receiving notification of impending cancellation of liability protection pertaining to a for-hire vessel company, the department shall, effective upon the date of the cancellation, revoke the certificate provided to the company pursuant to Section 759.18 and shall notify the company of this revocation. The company shall return the revoked certificate to the division.759.22.
Rules and regulations adopted by the Public Utilities Commission pursuant to its prior authority over insurance of for-hire vessel companies shall remain in effect until revised or repealed by the division.759.24.
This article shall become operative on July 1, 2018.SEC. 10.
Section 212 of the Public Utilities Code is amended to read:212.
(a) “Common carrier” shall not include:(a)
(b)
(c)
(d)
(e)
SEC. 11.
Section 212 is added to the Public Utilities Code, to read:212.
(a) “Common carrier” shall not include:SEC. 4.SEC. 12.
Section 303 of the Public Utilities Code is amended to read:303.
(a) A public utilities commissioner may not hold an official relation to, nor have a financial interest in, a person or corporation subject to regulation by the commission. If any commissioner acquires a financial interest in a corporation or person subject to regulation by the commission other than voluntarily, his or her office shall become vacant unless within a reasonable time he or she divests himself or herself of the interest.SEC. 5.SEC. 13.
Section 307.2 is added to the Public Utilities Code, to read:307.2.
There is within the legal division of the commission an ethics officer who shall be appointed by the commission. The ethics officer shall be responsible for both of the following:SEC. 6.SEC. 14.
Section 307.5 is added to the Public Utilities Code, to read:307.5.
(a) The commission shall appoint a chief administrative law judge, who shall hold office at the pleasure of the commission.SEC. 7.SEC. 15.
Section 307.6 is added to the Public Utilities Code, to read:307.6.
(a) The commission shall appoint a chief internal auditor, who shall hold office at the pleasure of the commission.SEC. 8.SEC. 16.
Section 308 of the Public Utilities Code is amended to read:308.
(a) The commission shall appoint an executive director, who shall hold office during its pleasure. The executive director shall be responsible for the commission’s executive and administrative duties and shall organize, coordinate, supervise, and direct the operations and affairs of the commission and expedite all matters within the commission’s jurisdiction.SEC. 9.SEC. 17.
Section 309 of the Public Utilities Code is amended to read:309.
(a) The executive director may employ such officers, administrative law judges, experts, engineers, statisticians, accountants, inspectors, clerks, and employees as the executive director deems necessary to carry out the provisions of this part or to perform the duties and exercise the powers conferred upon the commission by law. All officers and employees shall receive such compensation as is fixed by the commission.SEC. 10.SEC. 18.
Section 314.6 is added to the Public Utilities Code, to read:314.6.
(a) The commission may conduct financial and performance audits of any entity or program created by any order, decision, motion, settlement, or other action of the commission.SEC. 11.SEC. 19.
Section 321 of the Public Utilities Code is amended to read:321.
(a) The commission shall appoint a public advisor and establish an office of the public advisor, including a separate office in the Los Angeles office of the commission. The commission may employ staff as necessary to carry out the duties of the office of the public advisor. The office of the public advisor shall assist members of the public and ratepayers who desire to testify before or present information to the commission in any hearing or proceeding of the commission. The public advisor shall advise the commission on procedural matters relating to public participation in proceedings of the commission.SEC. 12.SEC. 20.
Section 632 of the Public Utilities Code is amended to read:632.
For purposes of entering into contracts for consultant or advisory services, including contracting for legal services by attorneys who are not employees of the commission, the requirements of Sections 11042 and 14615 of the Government Code and Sections 10295 and 10318 of the Public Contract Code apply to the activities of the commission, except when the commission makes a finding that extraordinary circumstances justify expedited contracting for consultant or advisory services. The written consent of the Attorney General is required before the commission may contract for legal services by attorneys who are not employees of the commission.SEC. 13.SEC. 21.
Section 912.3 is added to the Public Utilities Code, to read:912.3.
Immediately upon completion of an audit of any entity or program created by any order, decision, motion, settlement, or other action by the commission conducted pursuant to Section 314.6, the commission shall transmit a copy of the audit report to the Legislature, including to the appropriate policy and fiscal committees or subcommittees of the Legislature, and to the Governor. The audit report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.SEC. 22.
Section 1044 of the Public Utilities Code is amended to read:1044.
(a) When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carrier’s expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.SEC. 23.
Section 1044 is added to the Public Utilities Code, to read:1044.
(a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle.SEC. 14.SEC. 24.
Section 1759 of the Public Utilities Code is amended to read:1759.
(a) No court of this state, except the Supreme Court and the court of appeal, to the extent specified in this article, shall have jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties, as provided by law and the rules of court.The commission shall advocate before the relevant federal entities, including the Department of Energy and the Nuclear Regulatory Commission, for expedited identification of an independent offsite spent fuel storage installation for any spent fuel stored at nuclear powerplants in this state.
SEC. 25.
Article 6 (commencing with Section 4025) is added to Chapter 2.5 of Division 2 of the Public Utilities Code, to read:Article 6. Repeal
4025.
This chapter shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.SEC. 26.
Article 2 (commencing with Section 4675) is added to Chapter 4.5 of Division 2 of the Public Utilities Code, to read:Article 2. Repeal
4675.
This chapter shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.SEC. 27.
Article 10 (commencing with Section 5340) is added to Chapter 7 of Division 2 of the Public Utilities Code, to read:Article 10. Repeal
5340.
This chapter shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.SEC. 28.
Section 5415.4 is added to the Public Utilities Code, to read:5415.4.
The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle.SEC. 29.
Section 5503 of the Public Utilities Code is amended to read:5503.
(a) The Public Utilities Commission shall require every commercial air operator to procure, and continue in effect so long as the commercial air operator continues to offer his services for compensation, adequate protection against liability imposed by law upon a commercial air operator and also upon any person using, operating or renting an aircraft with the permission, expressed or implied, of a commercial air operator for the payment of damages for personal bodily injuries, including death resulting therefrom, and property damage as a result of an accident.SEC. 30.
Section 5503 is added to the Public Utilities Code, to read:5503.
(a) All commercial air operators shall maintain in force at least one million dollars ($1,000,000) of liability insurance for personal injury, wrongful death, and property damage resulting from the operation of an aircraft pursuant to this article, with additional liability coverage of one hundred thousand dollars ($100,000) for each passenger for any aircraft covered by this article.SEC. 31.
Section 5503.5 of the Public Utilities Code is amended to read:5503.5.
(a) Notwithstanding the provisions of Section 5503, the commission shall require less accident insurance than that required of commercial air operators pursuant to Section(a)
(b)
(c)
(d)
(e)
(f)
(g)
SEC. 32.
Section 5505 of the Public Utilities Code is amended to read:5505.
(a) The commission shall, after a public hearing, set the amount of liability insurance, required by Section 5503, which is reasonably necessary to provide adequate compensation for damage incurred through an accident involving a commercial air operator.SEC. 33.
Section 5506 of the Public Utilities Code is amended to read:5506.
(a) The protection required under Section 5503 shall be evidenced either by the deposit with the commission, covering each aircraft used or to be used in commercial operations for compensation,(a)
(b)
(c)