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| 1 | + | Amended IN Assembly March 26, 2021 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. vocations, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 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 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.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: MAJORITY2/3 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.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. | |
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| 3 | + | Amended IN Assembly March 26, 2021 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. vocations, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 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 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.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | + | Amended IN Assembly March 26, 2021 | |
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| 7 | - | Amended IN Assembly April 08, 2021 | |
| 8 | 7 | Amended IN Assembly March 26, 2021 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 224 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member DalyJanuary 11, 2021 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Daly | |
| 19 | 18 | January 11, 2021 | |
| 20 | 19 | ||
| 21 | - | 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. | |
| 20 | + | An act to amend Section 19225.5 of the Business and Professions Code, relating to professions and vocations. vocations, and declaring the urgency thereof, to take effect immediately. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 224, as amended, Daly. Department of Consumer Affairs: Bureau of Household Goods and Services: household movers. | |
| 28 | 27 | ||
| 29 | - | 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 | |
| 28 | + | 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.This bill would declare that it is to take effect immediately as an urgency statute. | |
| 30 | 29 | ||
| 31 | 30 | 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. | |
| 32 | 31 | ||
| 33 | - | This bill would exclude from the definition of household mover a motor carrier, as defined, that | |
| 32 | + | 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. | |
| 34 | 33 | ||
| 35 | 34 | This bill would declare that it is to take effect immediately as an urgency statute. | |
| 36 | 35 | ||
| 37 | 36 | ## Digest Key | |
| 38 | 37 | ||
| 39 | 38 | ## Bill Text | |
| 40 | 39 | ||
| 41 | - | 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 | |
| 40 | + | 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.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. | |
| 42 | 41 | ||
| 43 | 42 | The people of the State of California do enact as follows: | |
| 44 | 43 | ||
| 45 | 44 | ## The people of the State of California do enact as follows: | |
| 46 | 45 | ||
| 47 | - | 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 | |
| 46 | + | 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. | |
| 48 | 47 | ||
| 49 | 48 | SECTION 1. Section 19225.5 of the Business and Professions Code is amended to read: | |
| 50 | 49 | ||
| 51 | 50 | ### SECTION 1. | |
| 52 | 51 | ||
| 53 | - | 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 | |
| 52 | + | 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. | |
| 54 | 53 | ||
| 55 | - | 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 | |
| 54 | + | 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. | |
| 56 | 55 | ||
| 57 | - | 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 | |
| 56 | + | 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. | |
| 58 | 57 | ||
| 59 | 58 | ||
| 60 | 59 | ||
| 61 | 60 | 19225.5. For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply: | |
| 62 | 61 | ||
| 63 | 62 | (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. | |
| 64 | 63 | ||
| 65 | 64 | (b) Bureau refers to the Bureau of Household Goods and Services, as established in Section 9810. | |
| 66 | 65 | ||
| 67 | 66 | (c) Chief refers to the chief of the bureau. | |
| 68 | 67 | ||
| 69 | 68 | (d) Corporation includes a corporation, a company, an association, and a joint stock association. | |
| 70 | 69 | ||
| 71 | 70 | (e) Department refers to the Department of Consumer Affairs. | |
| 72 | 71 | ||
| 73 | 72 | (f) Director refers to the Director of Consumer Affairs. | |
| 74 | 73 | ||
| 75 | 74 | (g) Fund means the Household Movers Fund established pursuant to Section 19229. | |
| 76 | 75 | ||
| 77 | 76 | (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. | |
| 78 | 77 | ||
| 79 | 78 | (2) Household mover does not include either of the following: | |
| 80 | 79 | ||
| 81 | - | (A) A motor carrier, as that term is defined in Section 13102 | |
| 80 | + | (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. | |
| 82 | 81 | ||
| 83 | - | (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. | |
| 84 | - | ||
| 85 | - | (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). | |
| 86 | - | ||
| 87 | - | (B) A broker, as defined under Section 13102(2) of Title 49 of the United States Code, that meets both of the following: | |
| 88 | - | ||
| 89 | - | (B)A broker that | |
| 90 | - | ||
| 91 | - | ||
| 92 | - | ||
| 93 | - | (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). | |
| 94 | - | ||
| 95 | - | (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). | |
| 82 | + | (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. | |
| 96 | 83 | ||
| 97 | 84 | (i) Inspector refers to an inspector either employed by, or under contract to, the bureau. | |
| 98 | 85 | ||
| 99 | 86 | (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. | |
| 100 | 87 | ||
| 101 | 88 | (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. | |
| 102 | 89 | ||
| 103 | 90 | (l) Person includes an individual, a firm, or a copartnership. | |
| 104 | 91 | ||
| 105 | 92 | (m) Public highway includes every public street, road, or highway in this state. | |
| 106 | 93 | ||
| 107 | 94 | 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. | |
| 108 | 95 | ||
| 109 | 96 | 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. | |
| 110 | 97 | ||
| 111 | 98 | 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: | |
| 112 | 99 | ||
| 113 | 100 | ### SEC. 2. | |
| 114 | 101 | ||
| 115 | 102 | 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. |