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28-3-196
Section 28-3-196 Revenue loss phase-out system. (a) When used in this section and in Section
28-3-195(b) and Section 28-3-197, the following words and phrases shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) BEER TAX ESCROW
FUND, or FUND. A fund established with the Alcoholic Beverage Control Board as escrow agent
funded by payments made by wholesale beer licensees collecting the tax imposed by this article,
such payments being made from the discount provided by Section 28-3-190(b). From the fund,
the board shall pay to each eligible county the amount or amounts provided by this section
for the purpose of phasing out the net revenue loss which would be experienced by eligible
counties. (2) ELIGIBLE COUNTY. Any wet county in which was imposed, as of November 1, 1981,
a combined local tax rate on beer in that county which exceeded the uniform tax levied on
beer by this article and which would, as a result thereof, experience a decrease...
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28-3-197
Section 28-3-197 Supplemental revenue loss phase-out system. (a) When used in this section,
the following words and phrases shall have the following meanings, respectively, unless the
context clearly indicates otherwise: (1) SUPPLEMENT BEER TAX ESCROW FUND. A fund established
with the Alcoholic Beverage Control Board as escrow agent funded by payments made by wholesale
beer licensees collecting the tax imposed by this article, such payments being made from the
discount provided by Section 28-3-190(b). From the fund, the board shall pay to each supplement
eligible county the amount or amounts provided by this section for the purpose of phasing
out the supplement net revenue loss, if any, which would be experienced by supplement eligible
counties. (2) SUPPLEMENT ELIGIBLE COUNTY. Any eligible county which would, as a result of
the uniform tax levied on beer by this article, continue to experience a decrease in its net
local tax revenue collected on beer beyond the end of the subsidy...
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28-3-281
Section 28-3-281 Collection and distribution of proceeds. (a) The Alcoholic Beverage Control
Board shall collect the revenues generated by this article in the same manner as other taxes
and fees collected by it. The sales taxes as collected by the Alcoholic Beverage Control Board
on retail sales shall be paid to the Department of Revenue. The Department of Revenue shall
redistribute the proceeds therefrom in the following manner unless distribution is otherwise
provided by local act: (1) The department shall withhold any reasonable charges incurred by
the department in handling such taxes which charges shall be prorated on the basis of the
sum collected; provided, however, such charges shall not exceed a sum equal to five percent
of the amount collected; (2) An amount equal to 25 percent of the tax proceeds shall be distributed
to the respective counties in which the taxes are collected, less costs as provided in subdivision
(1) above; and (3) An amount equal to 75 percent of the tax...
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40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of property
at request of owner; legislative intent; applicability of section; method of valuation; factors
considered in appraisal; rules and regulations of Department of Revenue; hearing objections.
(a) For ad valorem tax years beginning on and after October 1, 1978, with respect to taxable
property defined in Section 40-8-1, as amended, as Class III property and upon request by
the owner of such property as hereinafter provided, the assessor shall base his appraisal
of the value of such property on its current use on October 1 in any taxable year and not
on its fair and reasonable market value. Failure of an owner of Class III property to request
appraisal at current use value shall mean that the property shall be valued on its fair and
reasonable market value as otherwise provided in this title until such time as the owner thereof
shall request valuation on the basis of current use value. As used in...
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12-17-67
Section 12-17-67 Filling of vacancies. (a) In the event that a vacancy occurs in the judicial
office of the district court, until such vacancy has been filled by appointment as provided
by the Constitution, the presiding judge of the circuit shall designate a district or circuit
judge, including himself, within the circuit to serve as the district court judge for the
duration of such vacancy. (b) If a judge, who filed a request pursuant to subsection (b) of
Section 12-17-66 and has been designated to receive a commissioned term, or has been elected
as provided in this article, dies or becomes disqualified prior to January 16, 1977, or is
otherwise unable to assume office and such death, disability or refusal to serve occurs at
such a time that the judicial office created in Section 12-17-61 cannot be filled prior to
January 16, 1977, a vacancy shall be created in each such case. Any vacancy which exists on
January 16, 1977, shall be filled as provided by law. (Acts 1975, No. 1205, p....
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13A-6-158
Section 13A-6-158 Limitation period. (a)(1) Except as provided in subsection (c), an action
for an offense defined by this article where the victim is not a minor shall be brought within
five years from the date the victim was removed or escaped from the human trafficking situation.
(2) Any statute of limitations that would otherwise preclude prosecution for an offense involving
the trafficking of a minor, or the physical or sexual abuse of a minor, shall be tolled until
such time as the victim has reached the age of 19 years. (3) The running of the statute of
limitations shall be suspended where a person entitled to bring a claim of an offense defined
by this article could not have reasonably discovered the crime due to circumstances resulting
from the human trafficking situation, such as psychological trauma, cultural and linguistic
isolation, and the inability to access services. (b) Any statute of limitation period imposed
for the filing of a civil action under this article will...
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13A-6-60
Section 13A-6-60 Definitions. The following definitions apply in this article: (1) FORCIBLE
COMPULSION. Use or threatened use, whether express or implied, of physical force, violence,
confinement, restraint, physical injury, or death to the threatened person or to another person.
Factors to be considered in determining an implied threat include, but are not limited to,
the respective ages and sizes of the victim and the accused; the respective mental and physical
conditions of the victim and the accused; the atmosphere and physical setting in which the
incident was alleged to have taken place; the extent to which the accused may have been in
a position of authority, domination, or custodial control over the victim; or whether the
victim was under duress. Forcible compulsion does not require proof of resistance by the victim.
(2) INCAPACITATED. The term includes any of the following: a. A person who suffers from a
mental or developmental disease or disability which renders the person...
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15-22-43
Section 15-22-43 Special medical parole docket; implementation; factors considered; annual
report. (a)(1) The Board of Pardons and Paroles shall establish a special medical parole docket
and adopt the rules for implementation pursuant to Section 15-22-24(e). For each person considered
for medical parole, the board shall determine whether the person is a geriatric inmate, permanently
incapacitated inmate, or terminally ill inmate for purposes of placing the person on a special
medical parole docket to be considered for parole by the board. An open public hearing shall
be held, pursuant to Section 15-22-23, to consider the medical parole of the inmate. Notices
of the hearing shall be sent pursuant to Sections 15-22-23 and 15-22-36. The notice shall
clearly state the inmate is being considered for a medical parole. (2) The Department of Corrections
shall immediately provide, upon request from the board, a list of geriatric, permanently incapacitated,
and terminally ill inmates who are...
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16-25A-12
Section 16-25A-12 Employees may elect not to participate; full state funding; subsequent election
to participate. (a) Any board of education, institution, or other employer with employees
as defined by Section 16-25A-1, may, upon a majority vote of its employees, elect not to participate
in the basic medical plan authorized by the provisions of this article; provided, however,
that for any fiscal year ending September 30 the Legislature appropriates the full amount
certified pursuant to Section 16-25A-8(b), the board shall declare the plan of insurance coverage
to be fully state-funded whereupon all employees of any board of education, institution, or
other employer as defined hereinabove shall for that fiscal year and all subsequent fiscal
years be declared members of the Public Education Employees' Health Insurance Plan. (b) Any
employer electing not to participate in the basic medical plan shall certify to the board
the names of their employees otherwise electing hospital/medical...
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9-13-120
Section 9-13-120 Definitions. As used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PERSON. An individual, partnership, corporation, company, society or association. (2)
FOREST TREES. Only those trees which are a part of and constitute a stand of potential, immature
or mature commercial timber trees; provided, however, that such term shall be deemed to include
shade trees of any species around houses, along highways and within cities and towns if the
same constitute an insect or disease menace to nearby timber trees or timber stands. (3) FORESTLAND.
Land on which forest trees occur. (4) CONTROL ZONE. An area of potential or actual infestation
or infection, the boundaries of which are fixed and clearly described in a manner definitely
identifying the zone. (5) INFESTATION. Infestation by means of any insect which is dangerously
injurious to forest trees; such term shall mean infection...
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