AB 2118 — Household goods carriers.

Summary

(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including transportation companies. Under existing law, the Household Goods Carriers Act, household goods carriers, as defined, are subject to the jurisdiction and control of the commission. The act prohibits a household goods carrier from engaging, or attempting to engage, in the business of the transportation of used household goods and personal effects, by motor vehicle over any public highway in the state, including advertising, soliciting, offering, or entering into an agreement, without a permit issued by the commission authorizing transportation entirely within the state, or a valid operating authority issued by the Federal Motor Carrier Safety Administration, for interstate transportation. The act declares that it is not to be construed as a regulation of interstate or foreign commerce, except as permitted under the United States Constitution and the acts of Congress. This bill would expand the definition of a household goods carrier to include a household goods carrier that engages 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. The bill would require a broker, as defined, to be considered a household goods carrier. The bill would additionally prohibit a household goods carrier from arranging, by any means or media, as a broker for the transportation of used household goods and personal effects. The bill would require the commission to establish rules permitting electronic transactions, as specified and would authorize specified documents to be in electronic form, if agreed upon by the carrier and the customer. The bill would require a household goods carrier to add a prominent link to the carrier's Internet Web site that directs consumers to an Internet Web site hosted by the commission that promotes consumer rights and protection. (2) Existing law requires telephone companies and related entities, as specified, upon demand and the order of a magistrate, to provide the commission, or an authorized official of the commission, access to the name and address of the subscriber to a telephone number being used by an unlicensed household goods carrier. Existing law prescribes the circumstances under which telephone corporations may release information regarding residential subscribers without their written consent. This bill would require telephone companies, as prescribed, to provide this access to the commission as specified above, without the written consent of the subscriber. (3) Under the act, every household goods carrier and every officer, director, agent, or employee of any household goods carrier who violates or who fails to comply with, or who procures, aids, or abets any violation by any household goods carrier of the act, or who fails to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement of the commission, or of any operating permit issued to any household goods carrier, or who procures, aids, or abets any household goods carrier in its failure to obey, observe, or comply with any such order, decision, rule, regulation, direction, demand, requirement, or operating permit, is guilty of a misdemeanor, and if the violation is not willful, is punishable by a fine of not more than $1,000 or by imprisonment in the county jail, as prescribed, or both. This bill would provide that the fine for this misdemeanor is instead not more than $2,500. The bill would also provide that a fine shall be not less than $1,000 for a violation involving operating or holding one's self as a household goods carrier without a permit. This bill also would provide that a household goods carrier that falsifies permit status, membership in an association, or location is liable for a civil penalty of not more than $2,500 per day of violation. Because a violation of the act or an order of the commission is a crime, this bill would impose a state-mandated local program by expanding the scope of a crime. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/25/12 - Chaptered Current pdf September 25, 2012
• Enrolled 08/31/12 - Enrolled pdf August 31, 2012
• Amended 08/06/12 - Amended Senate pdf August 06, 2012
• Amended 06/12/12 - Amended Senate pdf June 12, 2012
• Amended 05/01/12 - Amended Assembly pdf May 01, 2012
• Introduced 02/23/12 - Introduced pdf February 23, 2012
• AB2118 View text html

Action History

1. September 25, 2012

   Chaptered by Secretary of State - Chapter 544, Statutes of 2012.

2. September 25, 2012

   Approved by the Governor.

3. September 10, 2012

   Enrolled and presented to the Governor at 11:25 a.m.

4. August 27, 2012

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6371.).

5. August 27, 2012

   Assembly Rule 77 suspended. (Page 6357.)

6. August 24, 2012

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

7. August 23, 2012

   Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4784.).

8. August 15, 2012

   Ordered to special consent calendar.

9. August 08, 2012

   Read second time. Ordered to third reading.

10. August 07, 2012

    From committee: Do pass. (Ayes 7. Noes 0.) (August 6).

11. August 06, 2012

    Read second time and amended. Re-referred to Com. on APPR.

12. August 06, 2012

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 25).

13. June 19, 2012

    In committee: Set, first hearing. Hearing canceled at the request of author.

14. June 12, 2012

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C.

15. June 07, 2012

    Referred to Com. on E., U. & C.

16. May 25, 2012

    In Senate. Read first time. To Com. on RLS. for assignment.

17. May 25, 2012

    Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 4985.)

18. May 17, 2012

    Read second time. Ordered to consent calendar.

19. May 16, 2012

    From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 16).

20. May 02, 2012

    Re-referred to Com. on APPR.

21. May 01, 2012

    Read second time and amended.

22. April 30, 2012

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 23).

23. April 16, 2012

    In committee: Set, first hearing. Hearing canceled at the request of author.

24. March 12, 2012

    Re-referred to Com. on U. & C. pursuant to Assembly Rule 96(a).

25. March 08, 2012

    Referred to Com. on TRANS.

26. February 24, 2012

    From printer. May be heard in committee March 25.

27. February 23, 2012

    Read first time. To print.

Sponsors

• Butler · Primary

Votes

Subjects