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36-27-25
Section 36-27-25 Funds for assets of retirement system - Management. (a) The Board of Control
shall be the trustees of the several funds of the Employees' Retirement System created by
this article as provided in Section 36-27-24 and shall have full power to invest and reinvest
the funds, through its Secretary-Treasurer in the classes of bonds, mortgages, common and
preferred stocks, shares of investment companies or mutual funds, or other investments as
the Board of Control may approve, with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use in the conduct of an enterprise of a like character and with like
aims. Subject to like terms, conditions, limitations and restrictions, the Board of Control,
through its Secretary-Treasurer, shall have full power to hold, purchase, sell, assign, transfer,
and dispose of any investments in which the funds created in Section...
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36-27-98.1
Section 36-27-98.1 Effect of Medicaid benefits. Any person who received benefits under the
Medicaid Program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living
increase provided by this article shall not be entitled to receive the increase. Any person
who subsequently applies for benefits under the Medicaid Program and that person's eligibility
to receive benefits is impaired by the cost-of-living increase provided by this article, shall
not be entitled to receive the increase subsequent to the date that the member files application
for benefits under the Medicaid Program. (Acts 1993, No. 93-604, p. 984, §9.)...
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40-17-180
Section 40-17-180 Effect of acceptance of money on recovery of balance. The acceptance of any
money paid for the excise tax provided for in this article shall in no way preclude the collection
of the money actually due; provided, that the money actually paid shall constitute a credit
against the money actually due. In the event of the payment of an amount in excess of the
amount due, the department may credit such excess against the tax due for any subsequent monthly
period, or such excess may be refunded pursuant to the refund procedures in Chapter 2A of
this title, provided, that no credit shall be allowed unless made within the time provided
for refunds under Chapter 2A of this title. (Acts 1935, No. 194, p. 256; Code 1940, T. 51,
§640; Acts 1943, No. 472, p. 437; Acts 1951, No. 941, p. 1608, §1; Acts 1992, No. 92-186,
p. 349, §51.)...
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40-18-16
Section 40-18-16 Depreciation. (a) Basis for depreciation. The basis upon which exhaustion,
wear and tear, depreciation and obsolescence are to be allowed shall be such reasonable allowance
as may be determined by the Department of Revenue on the adjusted basis provided in Section
40-18-6 for the purpose of determining the gain or loss upon sale or other disposition of
such property. (b) Basis for depletion. (1) GENERAL RULE. The basis upon which depletion is
to be allowed shall be such reasonable allowance as may be determined by the Department of
Revenue on the adjusted basis provided in Section 40-18-6 for the purpose of determining the
gain or loss upon the sale or other disposition of such property, except as provided in subdivision
(2) of this subsection. (2) AMOUNT. In the case of oil and gas wells, the allowance for depletion
shall be 12 percent of the gross income from the property during the taxable year, excluding
from such gross income an amount equal to any rents or...
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40-18-71
Section 40-18-71 Withholding tax. (a) Every employer, as defined under the laws of the United
States in effect July 1, 1982, or as subsequently may be defined, with respect to income tax
collected at source, making payment of wages as defined under such laws to employees, shall
deduct and withhold upon such wages, reduced by the optional standard deduction provided in
subsection (b) of Section 40-18-15 and the federal income tax withheld, a tax equal to two
percent of the first $500 or less, four percent of the next $2,500 or less, five percent of
the excess over $3,000, by which the amount of such wages paid or to be paid in the calendar
year by such employer to such employee, exceeds the amount of the exemptions granted to such
employee under Section 40-18-19 as claimed on a certificate to be filed with the employer
in such form and containing such information and detail as may be prescribed by the commissioner,
pursuant to the provisions of Section 40-18-73; provided, however, that...
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40-23-68
Section 40-23-68 Seller to file returns. (a) Except as otherwise provided in subsection (f),
the tax imposed by this article shall be due and payable to the department monthly on or before
the 20th day of the month next succeeding each month during which the storage, use, or other
consumption of tangible personal property became taxable hereunder. (b) Every seller or person
engaged in making retail sales of tangible personal property for storage, use, or other consumption
in this state, who alternatively: (1) Maintains, occupies, or uses, permanently or temporarily,
directly or indirectly, or through a subsidiary, or agent by whatever name called, an office,
place of distribution, sales, or sample room or place, warehouse or storage place, or other
place of business; (2) Qualifies to do business or registers with the state to collect the
tax levied by this chapter; (3) Employs or retains under contract any representative, agent,
salesman, canvasser, solicitor, or installer operating in...
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40-23-77
Section 40-23-77 Discount; distribution and expenditure. A discount of three percent of the
taxes levied by this article due and payable to the state shall be allowed to the seller or
vendor; provided, that the taxes due by such seller are paid before same becomes delinquent,
as in this article provided. Effective June 1, 2001, the Governor may, by executive order,
authorize the Department of Revenue to provide by proper rules and regulations for the allowance
of a discount, not to exceed three percent (3%) of the taxes levied by this article due and
payable to the state by the seller or vendor; provided that the taxes due by such seller are
paid before same becomes delinquent, as in this article provided. For any taxes collected
by the seller or vendor on or after June 1, 2001, the Governor may, by executive order, authorize
the Department of Revenue to provide by proper rules and regulations for a maximum discount
amount or rate for each seller or vendor regardless of the number of...
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26-17-637
Section 26-17-637 Binding effect of determination of parentage. (a) Except as otherwise provided
in subsection (b), a determination of parentage is binding on: (1) all signatories to an acknowledgement
as provided in Article 3; and (2) all parties to an adjudication by a court acting under circumstances
that satisfy the jurisdictional requirements of Section 30-3A-201. (b) A child is not bound
by a determination of parentage under this chapter unless the child was a party or was represented
in the proceeding determining parentage by a guardian ad litem. (c) In a proceeding to dissolve
a marriage, the court is deemed to have made an adjudication of the parentage of a child if
the court acts under circumstances that satisfy the jurisdictional requirements of Section
30-3A-201, and the final order expressly identifies a child as a "child of the marriage,"
"issue of the marriage," or similar words indicating that the husband is the father
of the child. (d) Except as otherwise provided in...
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34-27A-14
Section 34-27A-14 Nonresidents; consent to service of process; eligibility for licensure; temporary
recognition. (a) Every applicant for licensure under this article, who is not a resident of
this state, shall submit with the application an irrevocable consent that service of process
to the executive director of the board as provided in Section 34-27A-7(d)(3), if, in an action
against the applicant in a court of this state arising out of the applicant's activities as
a licensed real state appraiser, the plaintiff cannot, in the exercise of due diligence, effect
personal services upon the applicant. (b) A nonresident of this state who has complied with
subsection (a) of this section may obtain a license as a licensed real estate appraiser by
conforming to all of the provisions of this article relating to the classification of real
estate appraiser for which the applicant is applying. (c) The board shall recognize on a temporary
basis the certification or license of an appraiser issued...
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40-16-11
Section 40-16-11 Transition rules for Financial Institution Excise Tax Reform Act of 2019.
This section provides for transition rules for the implementation of the Financial Institution
Excise Tax Reform Act of 2019. (1) Act 2019-284 imposes for the first time a system of prepaid
estimated tax payments patterned after the federal system and transitions the Financial Institution
Excise Tax from the current post-payment system. To account for this transition, the Department
of Revenue shall waive both penalties and interest attributable to underpayments of estimated
tax payments occurring within the first two applicable tax years and not attributable to an
intentional disregard of the law. (2) Act 2019-284's conformity of the depreciation deduction
allowed in the calculation of the tax due under this chapter with the corollary deduction
allowed for federal income tax purposes, as well as the act's express rejection of the federal
Tax Cuts and Jobs Act of 2017's (i) limitations on the...
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