Bill Text: CA SB624 | 2013-2014 | Regular Session | Amended
Bill Title: International commercial disputes: representation and assistance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB624 Detail]
Download: California-2013-SB624-Amended.html
BILL NUMBER: SB 624 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 6, 2013
INTRODUCED BY Senator Steinberg
FEBRUARY 22, 2013
An act to amend Section 17020.3 of the Revenue and
Taxation Code, relating to taxation. An act to add
Section 1297.18 to the Code of Civil Procedure, relating to
international commercial disputes.
LEGISLATIVE COUNSEL'S DIGEST
SB 624, as amended, Steinberg. Personal income tax.
International commercial disputes: representation and
assistance.
Existing law includes provisions that govern arbitration and
conciliation proceedings for international commercial disputes.
Existing law authorizes the parties in a conciliation proceeding to
appear in person or be represented or assisted by any person of their
choice, and provides that a person representing or assisting a party
is not required to be a member of the legal profession or licensed
to practice law in California.
This bill would make these provisions regarding representation and
assistance of parties applicable to any arbitration or conciliation
proceeding conducted pursuant to the statutory provisions that govern
arbitration and conciliation of international commercial disputes
The bill would encourage the Judicial Council and the State Bar of
California to revise specified rules to conform to these provisions.
The bill also would encourage the State Bar to form a California
International Commercial Dispute Resolution Council to perform
certain promotional and informational functions, and would prohibit
the State Bar from using annual membership fees or other state funds
for this purpose.
The Personal Income Tax Law conforms, with modification, to the
federal definition of exchanged basis property.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1297.18 is added to the
Code of Civil Procedure , immediately following
Section 1297.17 , to read:
1297.18. In any proceeding or procedure conducted pursuant to
this title, the parties may appear in person or be represented or
assisted by any person of their choice. A person representing or
assisting a party need not be a member of the legal profession or
licensed to practice law in California.
SEC. 2. (a) The Legislature
encourages the Judicial Council to revise California Rule of Court
9.43 and the State Bar of California to revise its rules regarding
out-of-state attorney arbitration counsel to provide that these rules
do not apply to arbitration or conciliation proceedings pursuant to
Title 9.3 (commencing with Section 1297.11) of the Code of Civil
Procedure.
(b) The Legislature encourages the State Bar of California to form
a California International Commercial Dispute Resolution Council to
actively promote California as a center for international commercial
arbitration and conciliation and to inform the international
community that California law allows the parties to international
commercial dispute arbitration proceedings to be represented or
assisted by any person of their choice and that the State of
California positively encourages the growth of international
arbitration in California. The State Bar of California shall not use
annual membership fees or other state funds for purposes of this
subdivision.
SECTION 1. Section 17020.3 of the Revenue and
Taxation Code is amended to read:
17020.3. For purposes of this part, the term "exchanged basis
property" has the same meaning given to that term by Section 7701(a)
(44) of the Internal Revenue Code, except that reference to Subtitle
A shall instead be a reference to this part.
