North Dakota Code 52-02.1-01 – Definitions
When used in this chapter, unless the context otherwise requires:
Terms Used In North Dakota Code 52-02.1-01
- 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.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Primary sector business: means an individual, corporation, limited liability company, partnership, or association certified by the department of commerce division of economic development and finance which through the employment of knowledge or labor adds value to a product, process, or service which results in the creation of new wealth. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Agreement” is the agreement between an employer and job service North Dakota concerning a project.
2. “Base employment level” means the number of full-time jobs an employer employs prior to the date of the commencement of the project.
3. “Community” means the city or county in which an eligible primary sector business is or will be located or a local development corporation, community organization, institution of higher education that is assigned primary responsibility for workforce training under section 52-08-08, or any other group the interest of which is in the economic growth of the area.
4. “Date of commencement of the project” means the date of the agreement.
5. “Department” means the department of commerce.
6. “Employee” means the individual employed in a new job.
7. “Employer” means the individual, corporation, partnership, or association providing new jobs and entering into an agreement.
8. “New job” means a job in a new or expanding primary sector business. The term does not include recalled workers returning to positions they previously held, replacement workers, including workers newly hired as a result of a labor dispute, or other jobs that formerly existed within the employment of the employer in the state.
9. “New jobs credit from withholding” means the credit as provided in section 52-02.1-03.
10. “New jobs training program” or “program” means the project or projects established by job service North Dakota to provide workers with education and training required for jobs in new or expanding primary sector businesses in the state.
11. “Primary sector business” has the meaning provided in section 1-01-49. For purposes of this subsection, a primary sector business must also be an employer, excluding an employer engaged in production agriculture, which meets the following eligibility criteria:
a. An employer entering into an agreement, and increasing its base employment level by at least one employee, or in the case of an employer without an established base employment level in this state creating at least five employees, within the time set in the agreement, is entitled to the new jobs credit from withholding.
b. An employer must have an economically productive and socially desirable purpose within the state.
c. An employer must not be closing or reducing its operation in one area of the state and relocating substantially the same operation in another area.
12. “Program costs” means all necessary and incidental costs of providing program services. The term does not include the cost of purchase of equipment to be owned or utilized by the training or educational institution or service.
13. “Program services” means training and education specifically directed to the new jobs, including the following:
a. All direct training costs, such as:
(1) Program promotion; (2) Instructor wages, per diem, and travel; (3) Curriculum development and training materials; (4) Lease of training equipment and training space; (5) Miscellaneous direct training costs; (6) Administrative costs; and
(7) Assessment and testing. b. In-house or on-the-job training.
c. Subcontracted services with institutions governed by the state board of higher education, private colleges or universities, federal, state, or local agencies, or other private training or educational services.
14. “Project” means a training arrangement that is the subject of an agreement entered into between job service North Dakota and an employer to provide program services.