Bill Text: CA AB2460 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Consumer Affairs: Bureau of Household Goods and Services: household movers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-01 - Referred to Com. on B., P. & E.D. [AB2460 Detail]

Download: California-2019-AB2460-Amended.html

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Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2460

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Introduced by Assembly Member Daly

February 19, 2020

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An act to amend Section 464 19225.5 of the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL'S DIGEST

AB 2460, as amended, Daly. Department of Consumer Affairs: retired category licenses. 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.

Existing federal law regulating motor carrier transportation excludes from the definition of “household goods motor carrier” a motor carrier that provides transportation of household goods in containers or trailers that are entirely loaded and unloaded by an individual other than an employee or agent of the motor carrier, known as a “limited service exclusion.”

This bill would exclude from the definition of “household mover” a motor carrier that falls under the federal limited service exclusion or a broker utilizing motor carriers operating under the limited service exclusion.

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes any of the boards or commissions within the department, except as specified, to establish by regulation a system for a retired category of license for persons who are not actively engaged in the practice of their profession or vocation.

This bill would additionally require a board that offers a retired category of licensure to disclose that information on its internet website.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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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) “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. “Household mover” does not include a motor carrier that meets the requirements of the limited service exclusion in Section 13102 of Title 49 of the United States Code or a broker utilizing motor carriers operating under the limited service exclusion.

(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 464 of the Business and Professions Code is amended to read:

464.

(a)(1)Any of the boards within the department may establish, by regulation, a system for a retired category of licensure for persons who are not actively engaged in the practice of their profession or vocation.

(2)A board that offers a retired category of licensure shall disclose that information on its internet website.

(b)The regulation shall contain the following:

(1)A retired license shall be issued to a person with either an active license or an inactive license that was not placed on inactive status for disciplinary reasons.

(2)The holder of a retired license issued pursuant to this section shall not engage in any activity for which a license is required, unless the board, by regulation, specifies the criteria for a retired licensee to practice their profession or vocation.

(3)The holder of a retired license shall not be required to renew that license.

(4)The board shall establish an appropriate application fee for a retired license to cover the reasonable regulatory cost of issuing a retired license.

(5)In order for the holder of a retired license issued pursuant to this section to restore their license to an active status, the holder of that license shall meet all the following:

(A)Pay a fee established by statute or regulation.

(B)Certify, in a manner satisfactory to the board, that the holder of the license has not committed an act or crime constituting grounds for denial of licensure.

(C)Comply with the fingerprint submission requirements established by regulation.

(D)If the board requires completion of continuing education for renewal of an active license, complete continuing education equivalent to that required for renewal of an active license, unless a different requirement is specified by the board.

(E)Complete any other requirements as specified by the board by regulation.

(c)A board may upon its own determination, and shall upon receipt of a complaint from any person, investigate the actions of any licensee, including a person with a license that either restricts or prohibits the practice of that person in their profession or vocation, including, but not limited to, a license that is retired, inactive, canceled, revoked, or suspended.

(d)Subdivisions (a) and (b) shall not apply to a board that has other statutory authority to establish a retired license.