12001-12009
REVENUE AND TAXATION CODE
SECTION 12001-12009
12001. Unless the context otherwise requires, the definitions set
forth in this article govern the construction of this part.
12002. "Ocean marine insurance" means insurance written within this
state upon hulls, freights, or disbursements, or upon goods, wares,
merchandise, and all other personal property and interests therein,
in course of exportation from, importation into any country, or
transportation coastwise, including transportation by land or water
from point of origin to final destination in respect to, appertaining
to, or in connection with, any and all risks or perils of
navigation, transit or transportation, any portion of which
exportation, importation, transportation, navigation, transit, or
shipment is upon any ocean, and upon the property while being
prepared for and while awaiting shipment, and during any delays,
storage, transshipment or reshipment incident to or in connection
with the shipment or transportation. "Ocean marine insurance"
includes marine builders and war-risk insurance.
"Ocean marine insurance" does not, for the purpose of taxation of
such insurance as provided in subdivision (g) of Section 28 of
Article XIII of the Constitution, include insurance written upon:
(a) A hull, which is not a documented vessel registered with the
Transportation Department of the United States; or
(b) Anything carried in, attached to, used in transportation of or
any risk written in connection with any hull defined in (a) above,
unless:
The insurance is upon a customary ocean marine form and such hull
and the risks mentioned in (b) above are covered for one who is in
the business of:
(1) Renting or chartering boats;
(2) Using boats himself for commercial purposes; or
(3) Building or repairing boats.
Insurance not included in "ocean marine insurance" by this section
shall be taxed in accordance with the other provisions of
subdivision (g) of Section 28 of Article XIII of the Constitution.
The 1969 amendment of this section shall be construed as a
restatement and continuation of the law existing prior to such
amendment.
12003. "Insurer" as used in this part includes each of the
following:
(a) Insurance companies or associations.
(b) Reciprocal or interinsurance exchanges, together with their
corporate or other attorneys in fact considered as a single unit.
(c) The State Compensation Insurance Fund.
As used in this section, "companies" includes persons,
partnerships, joint stock associations, companies and corporations.
12004. "Marine insurer" means an insurer transacting ocean marine
insurance.
12005. "Taxes" means the taxes assessed and levied, or which may be
assessed and levied, under the provisions of Section 28 of Article
XIII of the State Constitution and of this part.
12006. "Board" means the State Board of Equalization.
12007. "Commissioner" means the State Insurance Commissioner.
12008. "Controller" means the State Controller.
12009. (a) "Medi-Cal managed care plan" or "plan" means any
individual, organization, or entity, other than an insurer as
described in Section 12003 or a dental managed care plan as described
in Section 14087.46 of the Welfare and Institutions Code, that
enters into a contract with the State Department of Health Care
Services pursuant to Article 2.7 (commencing with Section 14087.3),
Article 2.8 (commencing with Section 14087.5), Article 2.81
(commencing with Section 14087.96), Article 2.9 (commencing with
Section 14088), or Article 2.91 (commencing with Section 14089) of
Chapter 7 of, or pursuant to Article 1 (commencing with Section
14200) or Article 7 (commencing with Section 14490) of Chapter 8 of,
Part 3 of Division 9 of the Welfare and Institutions Code.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.