154.12.2084 Definitions for KRS 154.12-2084 to 154.12-2089.
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<![CDATA[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: <br>(1) "Approved company" means any qualified company seeking to sponsor an occupational upgrade training program or skills upgrade training program for the <br>benefit of one (1) or more of its employees, which is approved by the authority to <br>receive skills training investment credits in accordance with KRS 154.12-2084 to <br>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 <br>instructors with an educational institution, and instructors who are consultants <br>on contract with an approved company in connection with an occupational <br>upgrade training program or skills upgrade training program sponsored by an <br>approved company; (b) Administrative fees charged by educational institutions in connection with an occupational upgrade training program or skills upgrade training program <br>sponsored by an approved company and specifically approved by the <br>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 <br>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 <br>connection with an occupational upgrade training program or skills upgrade <br>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 <br>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; <br>(5) "Educational institution" means a public or nonpublic secondary or postsecondary institution or an independent provider within the Commonwealth authorized by law <br>to provide a program of skills training or education beyond the secondary school <br>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; <br>(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 <br>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 <br>percent (15%) of the applicable base hourly wage, if the qualified company is <br>located in a county of Kentucky which has had an average countywide rate of <br>unemployment of fifteen percent (15%) or greater in the most recent twelve <br>(12) consecutive months for which unemployment figures are available, on the <br>basis of the final unemployment figures calculated by the Office of <br>Employment and Training within the Department of Workforce Investment in <br>the Education and Workforce Development Cabinet. For purposes of this subsection, a "full-time employee" means an employee who has <br>been employed by the qualified company for a minimum of thirty-five (35) hours <br>per week for more than two hundred fifty (250) work days during the most recently <br>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 <br>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 <br>has received preliminarily approval from the authority under KRS 154.12-2088 to <br>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, <br>association, organization, holding company, joint stock company, professional <br>service corporation, or any other legal entity through which business is conducted <br>that has been actively engaged in any of the following qualified activities within the <br>Commonwealth for not less than three (3) consecutive years: manufacturing, <br>including the processing, assembling, production, or warehousing of any property; <br>processing of agricultural and forestry products; telecommunications; health care; <br>product research and engineering; tool and die and machine technology; mining; <br>tourism and operation of facilities to be used in the entertainment, recreation, and <br>convention industry; and transportation in support of manufacturing. <br>Notwithstanding the provisions of this subsection, any company whose primary <br>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 <br>enhance productivity, improve performance, or retain employment, including but <br>not limited to technical and interpersonal skills training, and training that is <br>designed to enhance the computer skills, communication skills, problem solving, <br>reading, writing, or math skills of employees who are unable to function effectively <br>on the job due to deficiencies in these areas, are unable to advance on the job, or <br>who risk displacement because their skill deficiencies inhibit their training potential <br>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 <br>KRS 141.0401, as provided in KRS 154.12-2086(1). Effective: June 25, 2009 <br>History: Amended 2009 Ky. Acts ch. 11, sec. 34, effective June 25, 2009. -- Amended 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 40, effective June 28, 2006. -- Amended <br>2006 Ky. Acts ch. 149, sec. 210, effective July 12, 2006; and ch. 211, sec. 66, <br>effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 65, sec. 3, effective July 15, <br>2002. -- Amended 2000 Ky. Acts ch. 466, sec. 2, effective April 21, 2000; and <br>ch. 526, sec. 14, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 499, sec. 1, <br>effective July 15, 1998. Legislative Research Commission Note (6/28/2006). 2006 (1st Extra Sess.) Ky. Acts ch. 2, sec. 73, provides that "unless a provision of this Act specifically applies to an <br>earlier tax year, the provisions of this Act shall apply to taxable years beginning on or <br>after January 1, 2007." ]]>