California Business and Professions Code Section 19288

CA Bus & Prof Code § 19288 (2017)  

(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) (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) 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) 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) 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) 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.

(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 19294.)

Last modified: October 25, 2018