Terms Used In Kansas Statutes 74-50,211

  • Act: means the provisions of Kan. See Kansas Statutes 74-50,211
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Code: means the internal revenue code of 1986. See Kansas Statutes 74-5059
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • department: means the department of commerce;

    (4) "entrepreneur" means an individual creating a new business, service or product;

    (5) "region" means multi-county areas as defined by the secretary of commerce;

    (6) "regional business development fund" means an authorized and audited fund that is created by taxpayer contributions, interest income and investment income and is managed by the regional foundation board of directors for the purposes of economic and leadership development in the region;

    (7) "regional foundation" means any organization in Kansas that demonstrates capacity to provide economic development services to regions as defined by this act, and: (A) Has obtained a ruling from the internal revenue service of the United States department of treasury that such organization is exempt from income taxation under the provisions of section 501(c)(3) or 501(c)(6) of the federal internal revenue code;

    (B) has been designated as a certified development company by the United States small business administration;

    (C) has been designated as an economic development district by the United States department of commerce's economic development administration;

    (D) has been organized as a regional planning commission under Kan. See Kansas Statutes 74-50,154

  • metropolitan county: means the county of Douglas, Johnson, Leavenworth, Sedgwick, Shawnee or Wyandotte;

    (d) "neighborhood revitalization organization" means any group organized for the purpose of encouraging economic development in a blighted area of a metropolitan county; and

    (e) "nonmetropolitan county" means any county which is not a metropolitan county. See Kansas Statutes 74-5093

  • NAICS: means the North American industry classification system. See Kansas Statutes 74-50,211
  • New business: means a facility, plant, division, office, department, production line, production shift or other business operations of a company that was not doing business in Kansas prior to the submission of an application for benefits under this act and that provides documentation of such to the satisfaction of the secretary. See Kansas Statutes 74-50,211
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Qualified company: means any for-profit corporation, partnership or other entity making available to its full-time employees adequate health insurance coverage and paying at least 50% of the premium for such health insurance, which meets the requirements of Kan. See Kansas Statutes 74-50,211
  • Secretary: means the secretary of commerce. See Kansas Statutes 74-5059
  • State: means the state of Kansas. See Kansas Statutes 74-5059

As used in this act, unless the context otherwise requires:

(a) “Act” means the provisions of Kan. Stat. Ann. § 74-50,210 through 74-50,219, and amendments thereto.

(b) “County median wage” means the median wage paid to employees located in the county where the qualified company intends to employ new employees as reported by the department of labor in its annual report for the previous year.

(c) “Department” means the department of commerce.

(d) “Expanding business” means the expansion of an existing business facility, office, department or other operation located in the state of Kansas and locating in Kansas the jobs directly related to such business facility, office, department or other operation.

(e) “High-impact project” means a business development project for which the qualified company shall meet the requirements of subsection (c) of Kan. Stat. Ann. § 74-50,212, and amendments thereto.

(f) “Metropolitan county” means the county of Douglas, Johnson, Leavenworth, Sedgwick, Shawnee or Wyandotte.

(g) “NAICS” means the North American industry classification system.

(h) “NAICS code industry average wage” means the average wage paid to employees of companies classified in the same NAICS code as the qualified company for the region in which the qualified company intends to employ new employees as reported by the department of labor in its annual report for the previous year.

(i) “New business” means a facility, plant, division, office, department, production line, production shift or other business operations of a company that was not doing business in Kansas prior to the submission of an application for benefits under this act and that provides documentation of such to the satisfaction of the secretary.

(j) “New employee” means a person newly employed by the qualified company in the qualified company’s business operating in Kansas during the taxable year for which benefits are sought under Kan. Stat. Ann. § 74-50,212, and amendments thereto. A person shall be deemed to be so engaged if such person performs duties in Kansas in connection with the operation of the Kansas business on: (1) A regular, full-time basis; or (2) a part-time basis, provided such person is customarily performing such duties at least 20 hours per week throughout the taxable year. Employees performing functions directly related to a relocating, expanding, or new business facility, office, department or other operation shall be considered new employees.

(k) “Non-metropolitan county” means any county that is not a metropolitan county.

(l) (1) (A) “Qualified company” means any for-profit corporation, partnership or other entity making available to its full-time employees adequate health insurance coverage and paying at least 50% of the premium for such health insurance, which meets the requirements of Kan. Stat. Ann. § 74-50,212, and amendments thereto, and submits an application for benefits meeting requirements established by the secretary.

(B) “Qualified company” also includes any not-for-profit corporation which locates within the state of Kansas a regional, national or international headquarters and which meets the requirements of subparagraph (A).

(2) “Qualified company” shall not include any corporation, partnership or other entity: (A) Which is identified by any of the following NAICS code groups, sectors or subsectors:

(i) Industry group 7132 or 8131;

(ii) sectors 44, 45, 61, 92 or 221 (including water and sewer services); or

(iii) subsector 722;

(B) which is a bioscience company, as defined in Kan. Stat. Ann. § 74-99b33, and amendments thereto;

(C) which is delinquent in the payment of any nonprotested taxes or any other amounts due to the federal government, the state of Kansas or any other political taxing subdivision; or

(D) which has filed for or has publicly announced its intention to file for bankruptcy protection.

(3) Notwithstanding any provision of this subsection, except for paragraphs (2)(B), (C) and (D), a company may be deemed a qualified company if such company’s headquarters or administrative offices located in this state serve an international or multi-state territory and such company meets the requirements of Kan. Stat. Ann. § 74-50,212, and amendments thereto.

(m) “Retained job” means an existing job which will be lost without participation by the employer under the provisions of the promoting employment across Kansas act.

(n) “Secretary” means the secretary of the department of commerce.

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