Kentucky Statutes 154.12-204 – Definitions for KRS 154.12-205 to 154.12-208
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As used in KRS § 154.12-205 to KRS § 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 industry that has made application for a grant-in- aid or skills training investment credit as authorized by KRS § 154.12-205 to KRS § 154.12-
208;
(4) “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 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 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) The cost of supplies and materials used exclusively 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 program 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:
(a) Who is currently a permanent full-time employee of the qualified company; (b) Who is a resident of Kentucky, as that term is defined in KRS § 141.010; and
(c) Who is 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) “Hospital” has the same meaning as in KRS § 154.32-010;
(17) “Manufacturing” has the same meaning as in KRS § 154.32-010;
(18) “Minimum base hourly wage” means the minimum wage amount paid to an employee by a qualified company, which shall not be less than one hundred fifty percent (150%) of the federal minimum wage;
(19) “Nonretail service or technology” means the same as in KRS § 154.32-010;
(20) “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;
(21) “Program” or “program of skills training or education consistent with employment needs” means a coordinated course of instruction 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 skills, entry level training, job upgrading, retraining, and advance training;
(22) (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 trade, real estate, rental and leasing, accommodation and food services, or public administration services;
(23) “Renewable energy production” means the same as in KRS § 154.32-010;
(24) “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, and training that is designed to enhance 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;
(25) “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 this subchapter; and
(26) “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 particular program as defined herein.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 75, sec. 7, effective June 29, 2023. — Amended
2021 Ky. Acts ch. 185, sec. 102, effective June 29, 2021. — Amended 2018 Ky. Acts ch. 199, sec. 11, effective July 14, 2018. — Amended 2006 Ky. Acts ch. 149, sec.
209, effective July 12, 2006. — Amended 2000 Ky. Acts ch. 300, sec. 5, effective July 14, 2000; and ch. 526, sec. 13, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 194, sec. 17, effective July 15, 1996. — Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V., sec. 391, effective July 13, 1990. — Created 1984 Ky. Acts ch.
211, sec. 1, effective July 13, 1984.
Formerly codified as KRS § 157.710.
(2) “Alternative fuel production” has the same meaning as in KRS § 154.32-010;
Terms Used In Kentucky Statutes 154.12-204
- Business trust: includes , except when utilized in KRS Chapter 386, a "statutory trust" as organized under KRS Chapter 386A. See Kentucky Statutes 446.010
- Commonwealth: means the Commonwealth of Kentucky. See Kentucky Statutes 154.1-010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
- Person: means an individual, partnership, joint venture, military facility operated by a department or agency of the United States, profit or nonprofit corporation including a public or private college or university, limited liability company, or other entity or association of persons organized for agricultural, commercial, health care, or industrial purposes. See Kentucky Statutes 154.1-010
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- State: means the Commonwealth of Kentucky. See Kentucky Statutes 154.1-010
(3) “Applicant” means a business or industry that has made application for a grant-in- aid or skills training investment credit as authorized by KRS § 154.12-205 to KRS § 154.12-
208;
(4) “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 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 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) The cost of supplies and materials used exclusively 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 program 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:
(a) Who is currently a permanent full-time employee of the qualified company; (b) Who is a resident of Kentucky, as that term is defined in KRS § 141.010; and
(c) Who is 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) “Hospital” has the same meaning as in KRS § 154.32-010;
(17) “Manufacturing” has the same meaning as in KRS § 154.32-010;
(18) “Minimum base hourly wage” means the minimum wage amount paid to an employee by a qualified company, which shall not be less than one hundred fifty percent (150%) of the federal minimum wage;
(19) “Nonretail service or technology” means the same as in KRS § 154.32-010;
(20) “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;
(21) “Program” or “program of skills training or education consistent with employment needs” means a coordinated course of instruction 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 skills, entry level training, job upgrading, retraining, and advance training;
(22) (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 trade, real estate, rental and leasing, accommodation and food services, or public administration services;
(23) “Renewable energy production” means the same as in KRS § 154.32-010;
(24) “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, and training that is designed to enhance 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;
(25) “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 this subchapter; and
(26) “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 particular program as defined herein.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 75, sec. 7, effective June 29, 2023. — Amended
2021 Ky. Acts ch. 185, sec. 102, effective June 29, 2021. — Amended 2018 Ky. Acts ch. 199, sec. 11, effective July 14, 2018. — Amended 2006 Ky. Acts ch. 149, sec.
209, effective July 12, 2006. — Amended 2000 Ky. Acts ch. 300, sec. 5, effective July 14, 2000; and ch. 526, sec. 13, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 194, sec. 17, effective July 15, 1996. — Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V., sec. 391, effective July 13, 1990. — Created 1984 Ky. Acts ch.
211, sec. 1, effective July 13, 1984.
Formerly codified as KRS § 157.710.