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Assembly Bill 2475 (Fenton 1980)

Chapter 423, Statutes of 1980

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Numerous sections related to foreclosure in the Business and Professions Code and the Civil Code were affected in 1980 following legislative approval of Assembly Bill 2475.  (See Exhibit #1h)  This bill was introduced on February 25, 1980 by Assembly member Jack Fenton, serving as chair of the Assembly Judiciary Committee at this time, which was the first legislative committee to review Assembly Bill 2475.  (See Exhibits #1a and #3)  He carried this bill for the California Savings and Loan League, the California Land Title Association, and the California bankers Association.  (See Exhibit #11, document PE-7)

 

Assembly Bill 2475 was assigned to both the Assembly and Senate Committees on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3 and #5)  Five amendments were made to Assembly Bill 2475 but the Assembly rejected the last amendments proposed by the Senate.  (See Exhibits #1b through #1f and #2)  A Conference Committee was thus formed. The purpose of a Conference Committee is to bring together six legislators, three from each House, in an attempt to reach a compromise on a bill’s language which is acceptable to both the Senate and the Assembly.

 

The Conference Committee on Assembly Bill 2475 made amendments to the bill in a conference report on June 26th and 27th 1980, which were accepted by the Legislature. (See Exhibits #1g)  Subsequent to legislative approval, Governor Edmund G. Brown, Jr., signed the bill on July 11, 1980 and it was recorded by the Secretary of State on that day as Chapter 423 of the Statutes of 1980.  (See Exhibits #1h and #2)

 

Assembly Bill 2475 contained an urgency clause which caused the bill to go into immediate effect.  The reason for this urgency can be found in section 22 of Chapter 423.  (See Exhibit #1h)

 

An Enrolled Bill Memorandum to the Governor prepared by the Legislative Secretary described this bill as follows:

 

This bill would modify and clarify provisions enacted in 1979 dealing with the subject of lien contracts, foreclosure practices and indirect home improvement financing.

(See Exhibit #11, document PE-1)