KRS 154.12-2084: Definitions for KRS 154.12-2084 to 154.12-2089.

As used in KRS 154.12-2084 to 154.12-2089, unless the context requires otherwise:

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

occupational upgrade training program or skills upgrade training program for

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

authority to receive skills training investment credits in accordance with KRS

154.12-2084 to 154.12-2089;

(2) "Approved costs" means:

(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 instructors 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) Administrative fees charged by educational institutions in connection with

an occupational upgrade training program or skills upgrade training

program sponsored by an approved company and specifically approved

by the Bluegrass State Skills Corporation;

(c) The cost of supplies, materials, and equipment used exclusively in an

occupational upgrade training program or skills upgrade training program

sponsored by an approved company;

(d) The cost of leasing a training facility where space is unavailable at an

educational institution or at the premises of an approved company in

connection with an occupational upgrade training program or skills

upgrade training program sponsored by an approved company;

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

training program or skills upgrade training program sponsored by an

approved company; and

(f) All other costs of a nature comparable to those described in this

subsection;

(3) "Bluegrass State Skills Corporation" means the Bluegrass State Skills

Corporation created by KRS 154.12-205;

(4) "Commonwealth" means the Commonwealth of Kentucky;

(5) "Educational institution" means a public or nonpublic secondary or

postsecondary institution or an independent provider within the Commonwealth

authorized by law to provide a program of skills training or education beyond

the secondary school level or to adult persons without a high school diploma or

its equivalent;

(6) "Employee" means any person:

(a) Who is currently a permanent full-time employee of the qualified

company;

(b) Who has been employed by the qualified company for the last twelve (12)

calendar months immediately preceding the filing of the application for

skills training investment credits by the qualified company;

(c) Who is a Kentucky resident, as that term is defined in KRS 141.010; and

(d) Who receives a base hourly wage which is one hundred fifty percent

(150%) of the federal minimum wage plus employee benefits equal to at

least fifteen percent (15%) of the applicable base hourly wage, if the

qualified company is located in a county of Kentucky which has had an

average countywide rate of unemployment of fifteen percent (15%) or

greater in the most recent twelve (12) consecutive months for which

unemployment figures are available, on the basis of the final

unemployment figures calculated by the Department of Workforce

Development in the Education and Labor Cabinet.

For purposes of this subsection, a "full-time employee" means an employee

who has been employed by the qualified company for a minimum of thirty-five

(35) hours per week for more than two hundred fifty (250) work days during the

most recently ended calendar year and is subject to the tax imposed by KRS

141.020;

(7) "Occupational upgrade training" means employee training sponsored by a

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

opportunity with the qualified company;

(8) "Preliminarily approved company" means a qualified company seeking to

sponsor an occupational upgrade training program or skills upgrade training

program, which has received preliminarily approval from the authority under

KRS 154.12-2088 to receive a certain maximum amount of skills training

investment credits;

(9) "Qualified company" means any person, corporation, limited liability company,

partnership, limited partnership, sole proprietorship, firm, enterprise, franchise,

association, organization, holding company, joint stock company, professional

service corporation, or any other legal entity through which business is

conducted that has been actively engaged in any of the following qualified

activities within the Commonwealth for not less than three (3) consecutive

years: manufacturing, including the processing, assembling, production, or

warehousing of any property; processing of agricultural and forestry products;

telecommunications; health care; product research and engineering; tool and

die and machine technology; mining; tourism and operation of facilities to be

used in the entertainment, recreation, and convention industry; and

transportation in support of manufacturing. Notwithstanding the provisions of

this subsection, any company whose primary purpose is the sale of goods at

retail shall not constitute a qualified company;

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

company that is designed to provide the employee with new skills necessary to

enhance productivity, improve performance, or retain employment, including

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

designed to enhance the computer skills, communication skills, problem

solving, 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 potential for new technology; and

(11) "Skills training investment credit" means the credit against Kentucky income

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

imposed by KRS 141.0401, as provided in KRS 154.12-2086(1).