California Senate Bill SB624 Amended / Bill

 BILL NUMBER: SB 624AMENDED 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.