2009 Kansas Code
Chapter 74 STATE BOARDS, COMMISSIONS AND AUTHORITIES
Article 50 DEPARTMENT OF COMMERCE
74-50,212. Qualified company; eligibility requirements; benefits.

74-50,212

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

      74-50,212.   Qualified company; eligibility requirements; benefits. (a) In order to qualify for benefits under this act a qualified company shall relocate an existing business facility, office, department or other operation located outside the state of Kansas, whether located in a foreign country or another state, and locate the jobs from such business facility, office, department or other operation to Kansas. A qualified company may contract with an unrelated third party to perform services whereby the third party serves as the legal employer of the new employees providing services to the qualified company and such services are performed in Kansas and the third party and the new employees are subject to Kansas state withholding.

      (b)   Any qualified company that locates its business operation in a metropolitan county and will hire at least 10 new employees within two years from the date the qualified company enters into an agreement with the secretary pursuant to K.S.A. 2009 Supp. 74-50,213, and amendments thereto, or any qualified company that locates its business operation in a non-metropolitan county and will hire at least five new employees within two years from the date the qualified company enters into an agreement with the secretary pursuant to K.S.A. 2009 Supp. 74-50,213, and amendments thereto, shall be eligible to retain 95% of the qualified company's Kansas payroll withholding taxes for such new employees for a period of:

      (1)   Five years if the new employees are compensated at a rate equal to at least 100% of the county average wage;

      (2)   six years if the new employees are compensated at a rate equal to at least 110% of the county average wage; or

      (3)   seven years if the new employees are compensated at a rate equal to at least 120% of the county average wage.

      (c)   Any qualified company that engages in a high-impact project whereby the qualified company will hire at least 100 new employees within five years from the date the qualified company enters into an agreement with the secretary pursuant to K.S.A. 2009 Supp. 74-50,213, and amendments thereto, shall be eligible to retain 95% of the qualified company's Kansas payroll withholding taxes for such new employees for a period of:

      (1)   Seven years if the new employees are compensated at a rate equal to at least 100% of the county average wage;

      (2)   eight years if the new employees are compensated at a rate equal to at least 110% of the county average wage;

      (3)   nine years if the new employees are compensated at a rate equal to at least 120% of the county average wage; or

      (4)   ten years if the new employees are compensated at a rate equal to at least 140% of the county average wage.

      (d)   In the event that a qualified company contracts with a third party as described in paragraphs (a)(3) and (4), the third party shall remit payments equal to the amount of Kansas payroll withholding taxes the qualified company is eligible to retain under this section to the qualified company, and report such amount to the department of revenue as required pursuant to subsection (a) of K.S.A. 2009 Supp. 74-50,214, and amendments thereto.

      History:   L. 2009, ch. 104, § 3; July 1.