KRS 154.12-204: Definitions for KRS 154.12-205 to 154.12-208.

As used in KRS 154.12-205 to 154.12-208, unless the context requires otherwise:

(1) "Agribusiness" has the same meaning as in KRS 154.32-010;

(2) "Alternative fuel production" has the same meaning as in KRS 154.32-010;

(3) "Applicant" means a business or i ndustry that has made application for a grant -in-

aid or skills training investment credit as authorized by KRS 154.12 -205 to 154.12-

208;

(4) "Approved company" means any qualified company seeking to sponsor an

occupational upgrade training program or skill s upgrade training program for the

benefit of one (1) or more of its employees, which is approved by the corporation to

receive grant -in-aid or skills training investment credits as provided by KRS

154.12-205 to 154.12-208;

(5) "Approved costs" means costs confirmed as eligible by the corporation, including:

(a) Fees or salaries required to be paid to instructors who are employees of the

approved company, instructors who are full -time, part -time, or adjunct

instructors with an educational institution, and i nstructors who are consultants

on contract with an approved company in connection with an occupational

upgrade training program or skills upgrade training program sponsored by an

approved company;

(b) The cost of supplies, equipment, and materials used exc lusively in an

occupational upgrade training program or skills upgrade training program

sponsored by an approved company;

(c) Employee wages to be paid in connection with an occupational upgrade

training program or skills upgrade training program sponsored by an approved

company; and

(d) All other costs of a nature comparable to those described in this subsection;

(6) "Board" means the board of directors of the Bluegrass State Skills Corporation;

(7) "Carbon dioxide or hydrogen transmission pipeline" has the same meaning as in

KRS 154.32-010;

(8) "Coal severing and processing" has the same meaning as in KRS 154.32-010;

(9) "Corporation" means the Bluegrass State Skills Corporation, or BSSC;

(10) "Educational institution" means a public or nonpublic secondary or postsecondary

institution or an independent provider within the Commonwealth authorized by law

to provide a pro gram of skills training or education beyond the secondary school

level or to adult persons without a high school diploma or its equivalent;

(11) "Employee" means any person who is:

(a) Currently a permanent full-time employee of the qualified company;

(b) Subject to the tax imposed by KRS 141.020; and

(c) Paid the minimum base hourly wage plus employee benefits equal to or

greater than fifteen percent (15%) of the minimum base hourly wage. If the

qualified company does not provide employee benefits equal to at least fifteen

percent (15%) of the minimum base hourly wage, the qualified company may

still qualify if it provides the full -time employee total hourly compensation

equal to or greater than one hundred fifteen percent (115%) of the minimum

base hourly wage through increased hourly wages combined with at least one

(1) company-paid employee benefit;

(12) "Energy-efficient alternative fuel production" has the same meaning as in KRS

154.32-010;

(13) "Gasification production" has the same meaning as in KRS 154.32-010;

(14) "Grant-in-aid" means funding that is provided to qualified companies by the BSSC

for the development or expansion of a program as provided in this chapter;

(15) "Headquarters" has the same meaning as in KRS 154.32-010;

(16) "Heritage county" means a county where the county population ranking determined

by the cabinet under KRS 154.21 -017 scores greater than or equal to ninety -seven

(97);

(17) "Hospital" has the same meaning as in KRS 154.32-010;

(18) "Manufacturing" has the same meaning as in KRS 154.32-010;

(19) "Minimum base hourly wage" means the minimum wage amount paid to an

employee by a qualified company, which shall not be less than:

(a) Two hundred percent (200%) of the federal minimum wage for a company

located in a heritage county; or

(b) Three hundred percent (300%) of the federal minimum wage for a company

located in any other county;

(20) "Nonretail service or technology" has the same meaning as in KRS 154.32-010;

(21) "Occupational upgrade training" means employee training spons ored by a qualified

company that is designed to qualify the employee for a promotional opportunity

with the qualified company;

(22) "Program" or "program of skills training or education consistent with employment

needs" means a coordinated course of instru ction which is designed to prepare

individuals for employment in a specific trade, occupation, or profession. Such

instruction may include:

(a) Classroom instruction;

(b) Classroom-related field, shop, factory, office, or laboratory work; and

(c) Basic ski lls, entry level training, job upgrading, retraining, and advance

training;

(23) (a) "Qualified company" means any corporation, limited liability company,

partnership, limited partnership, sole proprietorship, business trust, or any

other legal entity through which business is conducted that is engaged in or is

planning to be engaged in one (1) or more of the following activities within

the Commonwealth:

1. Manufacturing;

2. Agribusiness;

3. Nonretail service or technology;

4. Headquarter operations, regardless of the underlying business activity of

the company;

5. Alternative fuel, gasification, energy -efficient alternative fuel, or

renewable energy production;

6. Carbon dioxide or hydrogen transmission pipeline;

7. Coal severing and processing; or

8. Hospital operations.

(b) "Qualified company" does not include companies where the primary activity

to be conducted within the Commonwealth is forestry, fishing, the provision

of utilities, construction, wholesale trade, retail trad e, real estate, rental and

leasing, accommodation and food services, or public administration services;

(24) "Renewable energy production" means the same as in KRS 154.32-010;

(25) "Skills training investment credit" means the credit against Kentucky incom e tax

imposed by KRS 141.020 or 141.040, and the limited liability entity tax imposed by

KRS 141.0401, as provided in this subchapter;

(26) "Skills upgrade training" means employee training sponsored by a qualified

company that is designed to provide the e mployee with new skills necessary to

enhance productivity, improve performance, or retain employment, including but

not limited to technical and interpersonal skills, and training that is designed to

enhance computer skills, communication skills, problem s olving, reading, writing,

or math skills of employees who are unable to function effectively on the job due to

deficiencies in these areas, are unable to advance on the job, or who risk

displacement because their skill deficiencies inhibit their training p otential for new

technology; and

(27) "Technical assistance" means professional and any other assistance provided by

qualified companies to an educational institution, which is reasonably calculated to

support directly the development and expansion of a pa rticular program as defined

herein.