SECTIONS 5001-5012 - California Statutes

PUBLIC UTILITIES CODE

SECTION 5001-5012

5001. This chapter is enacted for the following purpose:
(a) Creating a special fund to administer and enforce the
commission's jurisdiction to regulate household goods carriers.
(b) This chapter shall not apply to motor carriers of property who
are required to register with the Department of Motor Vehicles under
the Motor Carriers of Property Permit Act (Division 14.85
(commencing with Section 34600) of the Vehicle Code).

5001.5. In addition to those purposes specified in Sections 5001
and 5005, the commission may utilize the funds it collects pursuant
to this chapter for the following purposes:
(a) The collection, aggregation, and analysis of data and
information on the economics of the household goods carrier industry.
(b) The implementation of statutory policies or other legislative
directives contained in law relating to the household goods carrier
industry.

5002. "Gross operating revenue" as used in this chapter includes
all revenue derived from the transportation of property having origin
and destination within this state, where the revenue is derived from
transportation performed under a permit issued by the commission.

5003.1. Every household goods carrier owning or operating motor
vehicles in the transportation of property for hire upon the public
highways under the jurisdiction of the commission shall, between the
first and 15th days of January, April, July, and October of each
year, file with the commission a statement showing the gross
operating revenue derived by that person or corporation from the
transportation of property for the preceding three calendar months,
and shall, at the time of filing the report, pay to the commission a
fee of fifteen dollars ($15) for each quarter. Five dollars ($5) from
each fifteen dollars ($15) quarterly base fee shall be allocated on
a quarterly basis to the Motor Carriers Safety Improvement Fund.
Every household goods carrier owning or operating motor vehicles in
the transportation of property for hire upon the public highways
under the jurisdiction of the commission shall, at the time of filing
the report, pay to the commission a fee equal to one-third of 1
percent of the amount of the gross operating revenue, except as
follows:
(a) For any particular fiscal year, the commission, with the
approval of the Department of Finance, may fix the fee at less than
one-third of 1 percent of that amount.
(b) The commission may increase the fee pursuant to subdivision
(b) of Section 5003.2.

5003.2. (a) Notwithstanding Section 5003.1, the commission shall
require every highway carrier otherwise subject to Section 5003.1 for
whom the commission does not establish minimum or maximum rates, or
require rates to be on file with the commission, to pay a fee equal
to one-tenth of 1 percent of the amount of gross operating revenue.
(b) When a household goods carrier pursuant to Section 5137 elects
to transport under its household goods carrier permit used office,
store, and institution furniture and fixtures, notwithstanding
Section 5003.1, the fee on the gross operating revenue derived from
transporting those items shall be one-tenth of 1 percent.
(c) The commission may raise the fee imposed by Section 5003.1
upon those persons and corporations subject to that section for whom
the commission establishes minimum or maximum rates or requires rates
to be on file, up to a maximum of seven-tenths of 1 percent of gross
operating revenue, if the commission decides this increase is
necessary to maintain adequate financing for the Transportation Rate
Fund.

5005. All fees collected under this chapter and all fees charged
and collected for copies of papers, records, transcripts of
testimony, or other documents, the cost of which is charged to the
Transportation Rate Fund, shall be deposited at least once a month in
the State Treasury to the credit of the Transportation Rate Fund,
which is continued in existence. The money in the fund shall be in
augmentation of the current appropriation for the support of the
commission, and shall be expended by the commission for the purpose
of administering and enforcing the Household Goods Carriers Act.

5006. The commission shall, within 30 days prior to commencement of
the regular session of the Legislature, submit to the Governor a
full and true report of transactions under this chapter during the
preceding biennium, including a complete statement of receipts and
expenditures during the period.

5007. If any transportation agency referred to in this chapter is
in default in the payment of the fees prescribed, other than filing
fees, for a period of 30 days or more, the commission may suspend or
revoke any certificate of public convenience and necessity, permit,
or license of such agency, and shall estimate from all available
information the gross operating revenue of such agency, and shall add
to such estimate a penalty of 25 percent for failure, neglect, or
refusal to report. The transportation agency shall be estopped from
complaining of the amount of such estimate. In no event shall such
penalty be less than one dollar ($1). Upon payment of the amount
estimated and the penalty thereon, the certificate, permit, or
license of such agency theretofore suspended in accordance with the
provisions of this section shall be reinstated.
The commission may grant a reasonable extension of such 30-day
period to any transportation agency, upon written application of the
transportation agency and proper showing thereunder of the necessity
for such extension.
Upon revocation of any operating authority issued to any
transportation agency subject to this chapter, all fees provided for
herein shall become due and payable immediately.

5008. The commission may bring an action, in its own name, or in
the name of the people of the State, in any court of competent
jurisdiction of the State, for the collection of delinquent fees
estimated under Section 5007, or for an amount due, owing, and unpaid
to it, as shown by report filed by the agency, together with a
penalty of 25 percent for such delinquency.

5009. The employees, representatives, and inspectors of the
commission may, under its order or direction, inspect and examine any
books, accounts, records, memoranda, documents, papers, and
correspondence kept or required to be kept by any transportation
agency referred to in this chapter. The provisions of this section
shall, to the extent deemed necessary by the commission, apply to
persons having direct or indirect control over, or affiliated with
any transportation agency.

5010. The commission may make refunds out of money in its
possession of the fees provided for in this chapter when it appears
that such fees were paid in error.

5011. The commission may establish such rules as it deems necessary
to carry out the provisions of this chapter.

5012. The Public Utilities Commission shall conduct an audit of the
expenditures of the funds received pursuant to this chapter each
fiscal year. The results of this audit shall be reported in writing,
on or before February 15th of each year thereafter, with respect to
the audit for the fiscal year ending on the previous June 30th, to
the appropriate policy and budget committees of the respective houses
of the Legislature.