CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 224Introduced by Assembly Member DalyJanuary 11, 2021 An act to amend Section 19225.5 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 224, as introduced, 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 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 of Title 49 of the United States Code, that 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 described in 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.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 224Introduced by Assembly Member DalyJanuary 11, 2021 An act to amend Section 19225.5 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 224, as introduced, 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 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 224
Introduced by Assembly Member DalyJanuary 11, 2021
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.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 224, as introduced, 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 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.
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 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.
## Digest Key
## Bill Text
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 of Title 49 of the United States Code, that 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 described in 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.
The people of the State of California do enact as follows:
## 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 of Title 49 of the United States Code, that 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 described in 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.
SECTION 1. Section 19225.5 of the Business and Professions Code is amended to read:
### SECTION 1.
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 of Title 49 of the United States Code, that 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 described in 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.
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 of Title 49 of the United States Code, that 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 described in 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.
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 of Title 49 of the United States Code, that 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 described in 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.
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 of Title 49 of the United States Code, that 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 described in 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.