Section § 19225

Explanation

This part of the law is officially known as the "Household Movers Act."

This chapter may be cited as the “Household Movers Act.”

Section § 19225.5

Explanation

This law defines key terms related to the transportation of used household goods in California by motor vehicles. It explains who is considered a 'broker' and a 'household mover', highlighting that a broker arranges transport for others and is also a type of household mover. The 'Bureau' responsible for regulating these activities is the Bureau of Household Goods and Services, and the 'Fund' used is the Household Goods and Services Fund. The law clarifies what 'motor vehicle', 'public highway', and 'owner' mean in the context of transporting goods, including vehicles like trucks and trailers. It also establishes the roles of the 'Department' and 'Director' of Consumer Affairs, as well as 'inspectors' who ensure compliance.

For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply:
(a)CA Business & Professions Code § 19225.5(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)CA Business & Professions Code § 19225.5(b) “Bureau” refers to the Bureau of Household Goods and Services, as established in Section 9810.
(c)CA Business & Professions Code § 19225.5(c) “Chief” refers to the chief of the bureau.
(d)CA Business & Professions Code § 19225.5(d) “Corporation” includes a corporation, a company, a limited liability company, an association, and a joint stock association.
(e)CA Business & Professions Code § 19225.5(e) “Department” refers to the Department of Consumer Affairs.
(f)CA Business & Professions Code § 19225.5(f) “Director” refers to the Director of Consumer Affairs.
(g)CA Business & Professions Code § 19225.5(g) “Fund” means the Household Goods and Services Fund established pursuant to Section 9870.
(h)CA Business & Professions Code § 19225.5(h) “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.
(i)CA Business & Professions Code § 19225.5(i) “Inspector” refers to an inspector either employed by, or under contract to, the bureau.
(j)CA Business & Professions Code § 19225.5(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)CA Business & Professions Code § 19225.5(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)CA Business & Professions Code § 19225.5(l) “Person” includes an individual, a firm, or a partnership.
(m)CA Business & Professions Code § 19225.5(m) “Public highway” includes every public street, road, or highway in this state.

Section § 19225.7

Explanation

This law says that if an employee does something wrong or fails to do something while doing their job, it's as if the employer or company did it. Basically, companies are responsible for the actions of their employees when they're on the job.

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.

Section § 19225.9

Explanation

This law section says that the director's powers and responsibilities can be carried out by their deputy, assistant director, or chief, as long as any conditions or limits set by the director are followed.

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.

Section § 19226

Explanation

This law section states that the rules for transporting used household goods and personal belongings in vehicles on public roads in California are governed solely by the regulations in this specific chapter. If there are any conflicting rules in the Public Utilities Code, those do not apply to companies or individuals that move household goods.

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 mover.

Section § 19227

Explanation

This law states that transporting household goods and personal items for money using trucks or trailers is a unique kind of truck service that needs specific rules. The rules in this chapter are only for this type of service and aren't meant to apply or influence rules for any other trucking services.

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.

Section § 19228

Explanation

This section states that until new regulations are put in place, any powers and duties that used to belong to the Public Utilities Commission related to household movers are now in the hands of the director. The current rules and orders, including the Maximum Rate Tariff 4, from before July 1, 2018, will stay in effect and be managed by the director. Household movers must follow these existing guidelines, and breaking them could lead to discipline.

(a)CA Business & Professions Code § 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.
(b)CA Business & Professions Code § 19228(b) All rules, regulations, general orders, forms, and Maximum Rate Tariff 4, as most recently amended as of July 1, 2018, by the Public Utilities Commission, adopted, administered, or enforced by the Public Utilities Commission for purposes of implementing and administering the former Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code, that are in effect immediately preceding July 1, 2018, shall remain in effect and shall be administered and enforced by the director, until the operative date of regulations adopted by the director to implement this chapter.
(c)CA Business & Professions Code § 19228(c) Until the operative date of regulations implementing this chapter, household movers shall observe the rules, regulations, general orders, and Maximum Rate Tariff 4, as most recently amended as of July 1, 2018, by the Public Utilities Commission, that are administered and enforced by the director pursuant to this chapter. A violation of those rules, regulations, general orders, or tariff may be grounds for discipline.

Section § 19229

Explanation

This section explains how money collected under this chapter, including fines or penalties, is managed. The funds are used by the bureau for overseeing the chapter's rules and operations, but only if the Legislature approves the spending. All money collected goes into a specific fund unless otherwise specified in this chapter.

(a)CA Business & Professions Code § 19229(a) Moneys in the fund shall be used, upon appropriation by the Legislature, by the bureau for the administration of this chapter.
(b)CA Business & Professions Code § 19229(b) Except as otherwise provided in this chapter, all moneys, including fines or penalties imposed under this chapter, collected pursuant to this chapter shall be deposited into the fund.

Section § 19229.1

Explanation

This law is about managing the business of moving household goods over public highways. It aims to balance public highway use with commerce needs while ensuring fair prices and ethical practices by movers. The bureau must efficiently process applications and complaints, enable electronic services, and tackle illegal operations. The law emphasizes working with law enforcement and trade groups to ensure reliable and fair moving services.

(a)CA Business & Professions Code § 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:
(1)CA Business & Professions Code § 19229.1(a)(1) Preserve for the public the full benefit and use of public highways consistent with the needs of commerce without unnecessary congestion or wear and tear upon those highways.
(2)CA Business & Professions Code § 19229.1(a)(2) Secure to the people just, reasonable, and nondiscriminatory rates for transportation by household movers operating upon the highways.
(3)CA Business & Professions Code § 19229.1(a)(3) Secure full and unrestricted flow of traffic by motor carriers over the highways that will adequately meet reasonable public demands by providing for the regulation of rates of all household movers so that adequate and dependable service by all necessary household movers is maintained and the full use of the highways is preserved to the public.
(4)CA Business & Professions Code § 19229.1(a)(4) Promote fair dealing and ethical conduct in the rendition of services involving or incident to the transportation of household goods and personal effects.
(b)CA Business & Professions Code § 19229.1(b) To achieve the purposes of subdivision (a), the bureau shall do all of the following:
(1)CA Business & Professions Code § 19229.1(b)(1) Prioritize the timely processing of applications and hold application workshops for potential applicants around the state.
(2)CA Business & Professions Code § 19229.1(b)(2) Enable electronic filing of applications, reports, and fee payments.
(3)CA Business & Professions Code § 19229.1(b)(3) Dedicate staff to answering telephone calls, mailings, and electronic inquiries from household movers.
(4)CA Business & Professions Code § 19229.1(b)(4) Prioritize the timely processing of consumer complaints.
(5)CA Business & Professions Code § 19229.1(b)(5) Implement electronic case tracking of complaints and their disposition.
(6)CA Business & Professions Code § 19229.1(b)(6) Implement a process for appropriate and timely enforcement against illegally operating household movers, including performing staff-driven investigations and enforcement through sting operations and other forms of presence in the field.
(7)CA Business & Professions Code § 19229.1(b)(7) Maintain relationships with, and implement outreach and education programs to, local law enforcement, district attorneys, and airports, and coordinate with law enforcement agencies pursuant to subdivision (d) of Section 19283.1.
(8)CA Business & Professions Code § 19229.1(b)(8) Meet with household mover trade associations at least annually.
(9)CA Business & Professions Code § 19229.1(b)(9) Implement a consolidated case tracking system that integrates each of the transportation program core functions and data collection, administrative compliance details, complaints, and investigations.

Section § 19229.5

Explanation

By July 1, 2026, all the money from the Household Movers Fund needs to be moved to a new fund called the Household Goods and Services Fund. After this transfer, the Household Movers Fund will no longer exist. This law is only valid until December 31, 2026, after which it will be repealed.

(a)CA Business & Professions Code § 19229.5(a) All moneys in the Household Movers Fund shall be transferred to the Household Goods and Services Fund by July 1, 2026. On July 1, 2026, the Household Movers Fund shall be abolished.
(b)CA Business & Professions Code § 19229.5(b) This section shall remain in effect only until December 31, 2026, and as of that date is repealed.

Section § 19233

Explanation

This law states that the chapter doesn't regulate trade with other countries or between states unless it's allowed by the U.S. Constitution and Congress.

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.

Section § 19234

Explanation

This law allows the director to hire and set the pay for various staff members like clerical workers, inspectors, investigators, and auditors, along with a deputy chief, to help implement the rules of this chapter. All these staff members will work under the guidance and supervision of the chief.

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.

Section § 19234.1

Explanation

This law states that the most important responsibility of the bureau is to protect the public. Anytime this goal conflicts with other goals, protecting the public should always come first.

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.