Senate Bill 616 (Seymour – 1985)
Chapter 270, Statutes of 1985, SB 616
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Civil Code sections 1695.8 and 2945.7 were amended in 1985 following legislative approval of Senate Bill 616, which affected these two sections only. (See Exhibit #1b) This bill was introduced on February 26, 1985 by Senator John Seymour. (See Exhibit #1a) He carried this bill for an “individual constituent.” (See Exhibit #4, document SP-1)
Senate Bill 616 was assigned to the Senate Committee on Judiciary and the Assembly Committee on Public Safety where policy issues raised by the bill were considered. (See Exhibits #3 and #10) The fiscal ramifications of the bill were considered by the Senate Committee on Appropriations and the Assembly Committee on Ways and Means. (See Exhibit #2) No amendments were made to Senate Bill 616. (See Exhibit #2) Subsequent to legislative approval, Governor George Deukmejian signed Senate Bill 616 on July 26, 1985, and it was recorded by the Secretary of State on that day as Chapter 270 of the Statutes of 1985. (See Exhibits #1b and #2)
In its letter to the chair of the Senate Judiciary Committee, the Department of Real Estate described the proposals in Senate Bill 616 as follows:
The bill would modify the criminal penalties for violations of provisions regulating the conduct of persons who purchase equity interest in owner-occupied residential property (equity purchaser) and persons who act as foreclosure consultants on behalf of owners of properties in foreclosure, by making the offense punishable within the discretion of the court as a felony or a misdemeanor.
(See Exhibit #4, document SP-8)