California Household Movers Act

California has a number of formal acts in statute. Business and Professions Code Division 8, Chapter 3.1, Article 9 provides the Household Movers Uniform Business Permit Fee Act, which is contained in Sections 19285 to 19293. Article 9 was added in 2017 by Chapter 421. Section 19285 provides the Act’s name.

Section 19286 provides that 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 prohibits a city, county, or a city and county from assessing, levying, or collecting 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.

Section 19288 provides that 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 must be paid to the bureau.

In addition, the bureau is required to engage in public workshops and a formal rulemaking 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 cannot exceed the reasonable costs of regulation.

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.

Section 19288.1 provides that, until the adoption of fees by the bureau, every household mover is required to pay to the bureau the fees required. It is the intent of the Legislature that the fees imposed by this section be equivalent to the fees collected by the Public Utilities Commission.

Section 19288.2 provides that, 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 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.

Section 19289 provides that any person who submits to the bureau a check for fees that is returned unpaid must pay all subsequent required fees by cashier’s check or money order. Section 19290 specifies that permits issued under this chapter expire two years from the date of issuance. 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.

Section 19292 provides that 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.

Section 19293 authorizes the bureau to establish rules and regulations as it deems necessary to carry out this article. This section does not prohibit the imposition by any city, county, or city and county of any excise or license tax.