SB 624,
as amended, Steinberg. begin deletePersonal income tax. end deletebegin insertInternational commercial disputes: representation and assistance.end insert
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.
end insertbegin insertThis 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.
end insertThe Personal Income Tax Law conforms, with modification, to the federal definition of exchanged basis property.
end deleteThis bill would make a technical, nonsubstantive change to that provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 1297.18 is added to the end insertbegin insertCode of Civil
2Procedureend insertbegin insert, end insertimmediately following Section 1297.17begin insert, to read:end insert
In any proceeding or procedure conducted pursuant
4to this title, the parties may appear in person or be represented
5or assisted by any person of their choice. A person representing
6or assisting a party need not be a member of the legal profession
7or licensed to practice law in California.
begin insert(a)end insertbegin insert end insertbegin insertThe Legislature encourages the Judicial Council
9to revise California Rule of Court 9.43 and the State Bar of
10California to revise its rules regarding out-of-state attorney
11arbitration counsel to provide that these rules do not apply to
12arbitration or conciliation proceedings pursuant to Title 9.3
13(commencing with Section 1297.11) of the Code of Civil Procedure.end insert
14(b) The Legislature encourages the State Bar of
California to
15form a California International Commercial Dispute Resolution
16Council to actively promote California as a center for international
17commercial arbitration and conciliation and to inform the
18international community that California law allows the parties to
19international commercial dispute arbitration proceedings to be
20represented or assisted by any person of their choice and that the
21State of California positively encourages the growth of
22international arbitration in California. The State Bar of California
23shall not use annual membership fees or other state funds for
24purposes of this subdivision.
Section 17020.3 of the Revenue and Taxation
26Code is amended to read:
For purposes of this part, the term “exchanged basis
28property” has the same meaning given to that term by Section
297701(a)(44) of the Internal Revenue Code, except that reference
30to Subtitle A shall instead be a reference to this part.
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