As used in the IMPACT act unless the context clearly requires otherwise:

(a) “Act” means the Kansas investments in major projects and comprehensive training act.

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(b) “Agreement” means the agreement among an employer, an educational institution and the secretary of commerce concerning a SKILL project or a combined SKILL project and major project investment and the agreement between an employer and the secretary of commerce concerning a major project investment.

(c) “Bond” means a public purpose bond issued for IMPACT projects by the Kansas development finance authority.

(d) “Date of commencement of the project” means the date of the agreement.

(e) “Educational institution” means a community college, as defined by Kan. Stat. Ann. § 71-701, and amendments thereto, an area vocational school or area vocational-technical school, as defined by Kan. Stat. Ann. § 74-32,407, and amendments thereto, a university, as defined by Kan. Stat. Ann. § 13-13a40, and amendments thereto, a state educational institution, as defined by Kan. Stat. Ann. § 76-711, and amendments thereto, or a technical college as established by Kan. Stat. Ann. § 72-4468 [*], and amendments thereto.

(f) “Employee” means a person employed in a new or retained job.

(g) “Employer” means a Kansas basic enterprise providing new jobs or retaining existing jobs in conjunction with a project.

(h) “IMPACT program” or “program” means the major project investments and SKILL projects undertaken by the department of commerce in accordance with the provisions of this act for a new or expanding Kansas basic enterprise.

(i) “IMPACT project” or “project” means a SKILL project, major project investment or a combination of the two.

(j) “Kansas basic enterprise” means any enterprise:

(1) Which is located or principally based in Kansas; and

(2) which can provide demonstrable evidence that:

(A) It is primarily engaged in any one or more of the Kansas basic industries; or

(B) it is primarily engaged in the development or production of goods or the provision of services for out-of-state sale; or

(C) it is primarily engaged in the production of goods or the provision of services which will attract out-of-state buyers or consumers into the state; or

(D) it is primarily engaged in the production of raw materials, ingredients, or components for other enterprises which export the majority of their products from the state; or

(E) it is a national or regional enterprise which is primarily engaged in interstate commerce or an affiliated management company of such an enterprise; or

(F) it is primarily engaged in the production of goods or the provision of services which will supplant goods or services which would be imported into the state; or

(G) it is the corporate or regional headquarters of a multistate enterprise which is primarily engaged in out-of-state industrial activities.

(k) “Kansas basic industry” means:

(1) Agriculture;

(2) mining;

(3) manufacturing;

(4) interstate transportation;

(5) wholesale trade which is primarily multistate in activity or which has a major import supplanting effect within the state;

(6) financial services which are provided primarily for interstate or international transactions;

(7) business services which are provided primarily in out-of-state markets;

(8) research and development of new products, processes, or technologies; or

(9) tourism activities which are primarily engaged in for the purpose of attracting out-of-state tourists.

(l) “Major project investment” or “investment” means financial assistance to an employer to defray business costs including, but not limited to, relocation expenses, building and equipment purchases, labor recruitment and job retention.

(m) “New job” means a job in a new or expanding Kansas basic enterprise not including jobs of recalled workers, or existing jobs that are vacant or other jobs that formerly existed in the Kansas basic enterprise in Kansas.

(n) “Primarily engaged” means engagement in an activity by an enterprise to the extent that not less than 51% of the gross income of the enterprise is derived from such engagement.

(o) “Program costs” means all necessary and incidental costs of providing program services, except that program costs shall not include: (1) Any costs for purchase or lease of training equipment that exceed 50% of total program costs for the project, (2) any costs for administrative expenses that exceed 10% of total program costs for the project, and (3) any costs for direct investments in education and related workforce development institutions, for improvements to workforce development, human capital, training expertise and infrastructure that exceed 10% of total program costs.

(p) “Program services” means:

(1) New jobs training, including training development costs, except that the actual training period for any new job shall not exceed 36 months from the date the job is first filled by an employee;

(2) adult basic education and job-related instruction;

(3) vocational and skill-assessment services and testing;

(4) training equipment for education institutions;

(5) material and supplies;

(6) administrative expenses of educational institutions for new jobs training programs;

(7) subcontracted services with other educational institutions, private colleges or universities or other federal, state or local agencies;

(8) contracted or professional service;

(9) major project investments;

(10) direct investments in educational and related workforce development institutions, for improvements to workforce development, human capital, training expertise and infrastructure;

(11) independent evaluation of the effectiveness of economic development incentives, including analysis of the return on investment at both the state and local levels, as determined necessary by the secretary of commerce after consultation with the secretary of revenue; and

(12) economic impact and economic incentive program analysis and related services as determined necessary by the secretary of commerce.

(q) “Retained job” means an existing job which will be lost without participation by the employer under the provisions of the IMPACT program.

(r) “Secretary” means the secretary of commerce.

(s) “SKILL project” means a training arrangement which is the subject of an agreement entered into between the educational institution and an employer to provide program services.