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AB-224 Department of Consumer Affairs: Bureau of Household Goods and Services: household movers.(2021-2022)

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Date Published: 04/08/2021 09:00 PM
AB224:v97#DOCUMENT

Amended  IN  Assembly  April 08, 2021
Amended  IN  Assembly  March 26, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 224


Introduced by Assembly Member Daly

January 11, 2021


An act to amend Section 19225.5 of the Business and Professions Code, relating to professions and vocations, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 224, 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.
This bill would exclude from the definition of “household mover” a motor carrier, as defined, that only provides transportation of household goods in containers or trailers where when the household goods are entirely loaded and unloaded by an individual other than who is not an employee or agent of the motor carrier and does not otherwise advertise as a permitted household mover, as specified. The bill would also exclude from the definition of “household mover” a broker that broker, as defined, that, pursuant to a broker registration issued by the United States Department of Transportation, only 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. advertise as a permitted household mover, as specified.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   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.
(c) “Chief” refers to the chief of the bureau.
(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.
(2) “Household mover” does not include either of the following:
(A) A motor carrier, as that term is defined in Section 13102 34601 of Title 49 of the United States the Vehicle Code, including a motor carrier registered under the federal Unified Carrier Registration Act, pursuant to Section 14504a of Title 49 of the United States Code, that provides meets both of the following:
(i) The motor carrier only provides transportation of household goods in containers or trailers where when the household goods are entirely loaded and unloaded by an individual other than who is not an employee or agent of the motor carrier.
(ii) The motor carrier does not otherwise advertise as a permitted household mover in compliance with Section 19279.3. This clause shall not be construed to prohibit the advertisement or offer of the services described under clause (i).
(B) A broker, as defined under Section 13102(2) of Title 49 of the United States Code, that meets both of the following:

(B)A broker that

(i) The broker, pursuant to a broker registration issued by the United States Department of Transportation, only utilizes the services of a motor carrier described in that meets the requirements of 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. (A).
(ii) The broker does not otherwise advertise as a permitted household mover in compliance with Section 19279.3. This clause shall not be construed to prohibit the advertisement or offer of the services described under clause (i) of subparagraph (A).
(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.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect more Californians from losing their jobs during a pandemic and preserve an industry that promotes social distancing options for California consumers, it is necessary that this measure take effect immediately.