Section § 19285

Explanation

This law is named the Household Movers Uniform Business Permit Fee Act.

This article may be cited as the Household Movers Uniform Business Permit Fee Act.

Section § 19286

Explanation

This law highlights the importance of an effective transportation system for the state's well-being, emphasizing that household moving services play a vital role in this system.

An adequate transportation system is essential to the welfare of the state, and an important part of that system is service rendered by household movers.

Section § 19287

Explanation

This law states that, starting from its effective date, no local government (city or county) in California can impose any kind of tax or fee on businesses that operate vehicles for transporting goods between cities. This rule applies to companies or individuals in the intercity transport business, meaning transporting goods where the starting and ending points aren't in the same city. The law specifically affects those under the bureau's jurisdiction.

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 fee or 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 movers, 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.

Section § 19288

Explanation

This law outlines that anyone using motor vehicles to transport goods for hire on public highways must pay a permit fee to the bureau. The bureau will hold workshops and create formal rules to set up a fee schedule by January 2023. Until new fees are decided, a temporary fee based on revenue will be applied. These fees replace any local taxes for this transport business. However, cities can still impose certain taxes as allowed by other laws. The Public Utilities Commission must share its database on goods carriers with the department for free.

(a)CA Business & Professions Code § 19288(a) On and after the effective date of this article, there is imposed upon every household mover, 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.
(b)Copy CA Business & Professions Code § 19288(b)
(1)Copy CA Business & Professions Code § 19288(b)(1) On or before January 1, 2023, the bureau shall engage in public workshops and a formal rulemaking pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, for the purpose of adopting and implementing a fee schedule that may increase or decrease the fees set forth in this chapter, or may impose alternate fees from the fees set forth in this chapter, provided that any alternate fees shall not exceed the reasonable costs of regulation for purposes of this chapter. The fees adopted by the bureau may include application fees, permit fees, reinstatement fees, delinquency fees, transfer fees, and other fees, as determined by the bureau. The fees adopted by the bureau pursuant to this paragraph shall supersede the fees otherwise set forth in this chapter, and upon the adoption of fees by the bureau pursuant to this paragraph, the fees prescribed in this chapter shall have no effect.
(2)CA Business & Professions Code § 19288(b)(2) Until the adoption of fees by the bureau pursuant to paragraph (1), every household mover, 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, shall pay to the bureau a permit fee equal to one-tenth of 1 percent of gross operating revenue, which shall be payable to the bureau in the manner and at the times provided for the payment of the fee provided in Section 5003.1 of the Public Utilities Code. For purposes of this paragraph, “gross operating revenue” shall be the gross operating revenue defined in Section 5002 of the Public Utilities Code. It is the intent of the Legislature that the fee imposed by this paragraph will be equivalent to the fee imposed pursuant to Section 5328 of the Public Utilities Code as of June 30, 2018.
(c)CA Business & Professions Code § 19288(c) The fees imposed by this section are in lieu of all city, county, or city and county excise or license fees or taxes of any kind, character, or description whatever, upon the intercity transportation business of any household mover, 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.
(d)CA Business & Professions Code § 19288(d) This section does not prohibit the imposition by a city, county, or city and county, of any excise or license tax authorized under Division 2 (commencing with Section 6001) of the Revenue and Taxation Code.
(e)CA Business & Professions Code § 19288(e) The Public Utilities Commission shall enter into a no-cost memorandum of understanding with the department for the purpose of providing the department with access to the Public Utilities Commission’s database relating to household goods carriers. The Public Utilities Commission shall supply the department with the information and data that the department requests relating to household goods carriers.

Section § 19288.1

Explanation

Household movers must pay certain fees to the bureau until new fees are set. These fees are similar to what the Public Utilities Commission charged as of September 1, 2017. Movers must pay these fees in addition to another specific fee detailed in a related section.

Until the adoption of fees by the bureau pursuant to Section 19288, every household mover shall pay to the bureau the fees required pursuant to, and in the manner specified in, Sections 5003.1 and 5003.2 of the Public Utilities Code. It is the intent of the Legislature that the fees imposed by this section shall be equivalent to the fees collected by the Public Utilities Commission, and imposed pursuant to Sections 5003.1 and 5003.2 of the Public Utilities Code, as of September 1, 2017. The fees to be paid by household movers as specified in this section are in addition to the fee specified in paragraph (2) of subdivision (b) of Section 19288.

Section § 19288.2

Explanation

This law states that if a household moving company doesn't pay the required fees on time, their permit can be suspended or revoked. If late, they must pay their estimated fee plus a 25% penalty, but not less than $1, to get their permit back. Companies can request more time to pay if needed. If a permit is revoked, all fees must be paid immediately.

(a)CA Business & Professions Code § 19288.2(a) If a household mover is in default on the payment of the fees prescribed by this chapter for a period of 30 days or more, the bureau may suspend or revoke the household mover’s permit. The bureau shall estimate from all available information the gross operating revenue of that household mover, compute the fee for which the household mover is in default, and impose a penalty of 25 percent of that amount for failure, neglect, or refusal to report. In no event shall the amount of the penalty be less than one dollar ($1). Upon payment of the estimated fee and the penalty, the permit shall be reinstated.
(b)CA Business & Professions Code § 19288.2(b) The bureau may grant a reasonable extension of the 30-day period to any household mover, upon written application of the household mover and showing of the necessity for the extension.
(c)CA Business & Professions Code § 19288.2(c) Upon the revocation of any permit issued to a household mover subject to this chapter, all fees provided for by this chapter shall become due and payable immediately.

Section § 19289

Explanation

If someone pays a fee to a bureau with a check that bounces, they have to use a cashier's check or money order for future payments. Additionally, they will be charged a processing fee set by the bureau for the returned check.

(a)CA Business & Professions Code § 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.
(b)CA Business & Professions Code § 19289(b) Any person who submits to the bureau a check for fees that is returned unpaid shall be assessed an additional processing fee as determined by the bureau.

Section § 19290

Explanation

This section outlines the rules for renewing certain permits. A permit is valid for two years, and you must apply for renewal before it expires using a specific form and continuing to pay the required fees. If you miss the renewal deadline, you'll be charged an extra 20% fee. If you still don't pay within 90 days, there's an additional 30% fee. You can renew an expired permit within two years by paying all back fees, but after two years, you must start over with a new application and pay all past fees. The bureau may also set specific conditions on permits issued this way.

(a)CA Business & Professions Code § 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 continue to pay the fees prescribed in Sections 19288 and 19288.1. Notwithstanding Section 163.5, if a permittee fails to renew the permit before its expiration, a delinquency fee of 20 percent of the most recent fee paid to the bureau pursuant to Sections 19288 and 19288.1 shall be added to the amount due to the bureau at the next fee interval. If the renewal fee and delinquency fee are not paid within 90 days after expiration of a permit, the permittee shall be assessed an additional fee of 30 percent of the most recent fee paid to the bureau pursuant to Sections 19288 and 19288.1.
(b)CA Business & Professions Code § 19290(b) Except as otherwise provided in this chapter, a permittee may renew an expired permit within two years after expiration of the permit by filing an application for renewal on a form prescribed by the bureau, and paying all accrued fees.
(c)CA Business & Professions Code § 19290(c) A permit that is not renewed within two years of its expiration shall not be renewed, restored, reinstated, or reissued, but the holder of the expired permit may apply for and obtain a new permit as provided in this chapter, upon payment of all fees that accrued since the date the permit was last renewed.
(d)CA Business & Professions Code § 19290(d) The bureau may impose conditions on any permit issued pursuant to subdivision (c).

Section § 19292

Explanation

This law says that certain authorized people working for a government bureau can check all kinds of business-related documents and records of anyone who directly or indirectly controls a business covered by this law. If a company or person doesn't let them do this, they can lose their permit.

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.

Section § 19293

Explanation

This law says that a specific bureau can create rules it thinks are needed to implement the article it's part of. It also clarifies that cities or counties are still allowed to impose certain taxes related to this, as outlined in a different part of the law.

(a)CA Business & Professions Code § 19293(a) The bureau may establish rules and regulations as it deems necessary to carry out this article.
(b)CA Business & Professions Code § 19293(b) This section does not prohibit the imposition by any city, county, or city and county of any excise or license tax authorized under Division 2 (commencing with Section 6001).