Assembly Bill 4248 (Calvo – 1976)
Chapter 1284, Statutes of 1976 - AB 4248
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Several Civil Code, Revenue and Taxation Code, and Vehicle Code sections were enacted and amended following legislative passage of Assembly Bill 4248. (See Exhibit #1g) Assembly member Victor Calvo introduced this bill on March 24, 1976 at the request of the legislation for the Department of Motor Vehicles. (See Exhibits #1a; #7; #12, document A-1; and #13, document PE‑10)
Assembly Bill 4248 was heard by the Assembly Committee on Finance, Insurance, and Commerce and the Assembly Committee on Ways and Means. (See Exhibits #3 and #5) On the Senate side, the measure was heard before the Committee on Judiciary and the Committee on Finance. (See Exhibits #2 and #7) Assembly Bill 4248 was amended on five occasions, twice in the Assembly and three times in the Senate, before being approved by both Houses of the Legislature. (See Exhibits #1b through #1f and #2) Governor Edmund G. Brown, Jr., signed the measure on September 27th and it was recorded as Chapter 1284 of the Statutes of 1976. (See Exhibits #1g and #2)
The Third Reading analysis prepared by the Senate Republican Caucus contains the following digest of Assembly Bill 4248 as it was last amended on August 19, 1976:
DIGEST: This bill repeals and reenacts specified requirements for contracts for lease of automobiles and sets forth additional requirements, including specific working on terms, depreciation, payments, bearing of risk, warranties, and repossession. The bill also provides for civil and criminal liability for failure to comply, including civil class actions, and for enforcement by the Department of Motor Vehicles. The operative date of the bill is 23 March 1977.
This bill enacts detailed licensing provisions for lessor-retailers of vehicles as such, including provisions for issuance of licenses, probationary or temporary licenses, hearings for denial of a license bonds, and suspension, revocation or cancellation of a license for specified reasons. The bill also prescribes unlawful acts by such licensees.
This bill specifically makes the provisions now applicable to manufacturers, dealers, and dismantlers also applicable to lessor-retailers, to sales and use tax provisions.
(See Exhibit #10b, page 1)