2009 Kansas Code
Chapter 74 STATE BOARDS, COMMISSIONS AND AUTHORITIES
Article 50 DEPARTMENT OF COMMERCE
74-50,211. Definitions.

74-50,211

Chapter 74.--STATE BOARDS, COMMISSIONS AND AUTHORITIES Article 50.--DEPARTMENT OF COMMERCE

      74-50,211.   Definitions. As used in this act, unless the context otherwise requires:

      (a)   "Act" means the provisions of K.S.A. 2009 Supp. 74-50,210 through 74-50,216, and amendments thereto.

      (b)   "County average wage" means the average 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)   "High-impact project" means a business development project for which the qualified company shall meet the requirements of subsection (c) of K.S.A. 2009 Supp. 74-50,212, and amendments thereto.

      (e)   "NAICS" means the North American industry classification system.

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

      (g)   "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 K.S.A. 2009 Supp. 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 acquired or relocated to Kansas from another state through an expansion or relocation of a business operation to Kansas from another state shall be considered as new employees.

      (h)   "Non-metropolitan county" means any county that is not a metropolitan county.

      (i) (1)   "Qualified company" means any corporation, partnership or other entity, organized for profit 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 K.S.A. 2009 Supp. 74-50,212, and amendments thereto.

      (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 K.S.A. 2009 Supp. 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 K.S.A. 2009 Supp. 74-50,212, and amendments thereto.

      (j)   "Secretary" means the secretary of the department of commerce.

      History:   L. 2009, ch. 104, § 2; July 1.