2013 Legislative Proposals

The following are legislative proposals developed by various Sections and/or Committees of the State Bar for possible introduction in the California Legislature in 2013.

For information concerning these proposals contact:

  • the person(s) named on the individual proposals;
  • Saul Bercovitch, Legislative Counsel, Office of Governmental Affairs; or
  • Mark Weideman, Legislative Representative for the State Bar Sections.

Title & Brief Description Sponsor Code §§ Affected
Revisions to Update California Corporations Code to Add Emergency Powers and Bylaw Provisions
(BLS-2013-01)


Revisions to Update California Corporations Code to Add Emergency Powers and Bylaw Provisions
(BLS-2013-01)
(ADA Version)


Would provide California corporations with the power to take specific actions to continue to function during an emergency and expressly permit California corporations to adopt emergency bylaws allowing any actions not conflicting with the articles of incorporation to manage the corporation during an emergency.
Business Law Section (Corporations Committee) Amends §§ 207 and 212 of the Corporations Code
Revisions to Streamline and Update Corporations Code Provisions Relating to Actions by Written Consent of Shareholders
(BLS-2013-02)


Revisions to Streamline and Update Corporations Code Provisions Relating to Actions by Written Consent of Shareholders
(BLS-2013-02)
(ADA Version)


Would eliminate the 10-day waiting period for consummating certain corporate reorganizations that is currently required.
Business Law Section (Corporations Committee) Amends § 603 of the Corporations Code
Proposal to Enact a Safe Harbor for “Finders” in Connection with Securities Transactions
(BLS-2013-03)


Proposal to Enact a Safe Harbor for “Finders” in Connection with Securities Transactions
(BLS-2013-03)
(ADA Version)


Would create a safe harbor, which would exempt from the definition of a broker-dealer persons acting as “finders” who comply with certain specified requirements.
Business Law Section (Corporations Committee)
Amends § 25004 of the Corporations Code

Proposal to Clarify Code of Civil Procedure Section 701.680 to Explicitly State That it Does Not Affect, Limit or Eliminate the Equitable Right of Redemption
(BLS-2013-04)


Proposal to Clarify Code of Civil Procedure Section 701.680 to Explicitly State That it Does Not Affect, Limit or Eliminate the Equitable Right of Redemption
(BLS-2013-04)
(ADA Version)


Would clarify Code of Civil Procedure Section 701.680 to explicitly state that it does not affect, limit or eliminate the equitable right of redemption.
Business Law Section (Insolvency Law Committee) Amends § 701.680 of the Code of Civil Procedure
Tax Exemption under Revenue and Taxation Code Section 23701
(BLS-2013-05)


Tax Exemption under Revenue and Taxation Code Section 23701
(BLS-2013-05)
(ADA Version)


Would simplify the process for applying for a California tax exemption as an Internal Revenue Code (IRC) Section 501(c)(4), (5), (6) or (7) nonprofit organization under Revenue and Taxation Code Section 23701, just as such process has been simplified for IRC Section 501(c)(3) charitable organizations under Revenue and Taxation Code Section 23701d.
Business Law Section (Nonprofit Organizations Committee) Amends §§ 23701 and 23701d of the Revenue and Taxation Code
Proposal to Provide That California Retailers May Sell an Unregistered Pesticide That Is Lawful for Sale and Use in Another State to a Buyer for Use in That Other State
(BLS-2013-06)


Proposal to Provide That California Retailers May Sell an Unregistered Pesticide That Is Lawful for Sale and Use in Another State to a Buyer for Use in That Other State
(BLS-2013-06)
(ADA Version)


Would amend Food and Agriculture Code § 12993 to provide that California retailers may sell an unregistered pesticide that is lawful for sale and use in another state to a buyer located in that other state.
Business Law Section (Agribusiness Committee) Amends Food and Agriculture Code § 12993
Proposed New Regulatory Exemption for Negotiated Sales
(BLS-2013-07)

Proposed New Regulatory Exemption for Negotiated Sales
(BLS-2013-07)
(ADA Version)


Would adopt a new exemption to facilitate negotiated sales of franchises.
Business Law Section (Franchise Law Committee)
Amends § 310.100.2 of Title 10 of the California Code of Regulations and adds a new § 310.150 of Title 10 of the California Code of Regulations
Proposal to Expand and Add Consistency to Family Law Exceptions to Automatic Case Dismissal
(FL-2013-08)

Proposal to Expand and Add Consistency to Family Law Exceptions to Automatic Case Dismissal
(FL-2013-08)
(ADA Version)


Would amend existing exemptions to mandatory dismissal of family law cases to expand exemptions and add consistency to statutory scheme.
Family Law Section Amends § 583.161 of the Code of Civil Procedure
Proposal to Expand Court’s Ability to Protect Insurance Coverage When Issuing Orders under the Domestic Violence Prevention Act
(FL-2013-09)


Proposal to Expand Court’s Ability to Protect Insurance Coverage When Issuing Orders under the Domestic Violence Prevention Act
(FL-2013-09)
(ADA Version)


Would permit courts to protect insurance coverage when issuing orders under the Domestic Violence Prevention Act.
Family Law Section Adds § 6325.1 to the Family Code
Capacity Standard to Execute Testamentary Instruments
(T&E-2013-10)

Capacity Standard to Execute Testamentary Instruments
(T&E-2013-10)
(ADA Version)


Would establish a uniform capacity standard for determining the validity of wills, codicils, trusts, trust amendments, and nonprobate transfer instruments.
Trusts & Estates Section Adds a new §814 to the Probate Code, amends § 812 of the Probate Code and repeals; §6100.5 of the Probate Code
Revisions to Probate Code Section 6452 Concerning Intestate Succession
(T&E-2013-11)


Revisions to Probate Code Section 6452 Concerning Intestate Succession
(T&E-2013-11)
(ADA Version)


Would substantially revise Probate Code provisions relating to the disinheritance of parents and the inheritance rights of relatives of a disinherited parent.
Trusts & Estates Section Repeals §6452 of the Probate Code and adds a new §6452 to the Probate Code
Elective Administration of Decedents' Estates
(T&E-2013-12)

 Elective Administration of Decedents' Estates
(T&E-2013-12)
(ADA Version)


Would permit eligible beneficiaries to choose between "Elective Administration" and formal administration of a decedents' estate in two narrow circumstances.
Trusts & Estates Section Adds a new Article 10 to Chapter 4 of Part 2 of Division 7(sections 8600 to 8625) of the Probate Code and amends the Independent Administration of Estates Act, Part 6 of Division 7 (sections 10400 to 10592 ) of the Probate Code
Revised Probate Code Section 16350 (Uniform Principal and Interest Act)
(T&E-2013-13)


Revised Probate Code Section 16350 (Uniform Principal and Interest Act)
(T&E-2013-13)
(ADA Version)


Would bring greater clarity and fairness to the categorization of amounts received from business entities as between principal and income.
Trusts & Estates Section Amends §16350 of the Probate Code