74-50,213. Application process; agreement with secretary of commerce; participation in other programs; limitation on total amount of benefits. (a) Any qualified company meeting the requirements of K.S.A. 74-50,212, and amendments thereto, may apply to the secretary for benefits under this act. The application shall be submitted on a form and in a manner prescribed by the secretary, and shall include: (1) Evidence that the applicant is a qualified company; and (2) evidence that the applicant meets the requirements of K.S.A. 74-50,212, and amendments thereto.
(b) The secretary may either approve or disapprove the application. Any qualified company whose application is approved shall be eligible to receive benefits under this act as of the date such qualified company enters into an agreement with the secretary in accordance with this section.
(c) Upon approval of an application for benefits under this act, the secretary may enter into an agreement with the qualified company for benefits under this act. If necessary, the secretary may also enter into an agreement with any third party described in subsection (a) of K.S.A. 74-50,212, and amendments thereto, or such third party may be a party to the agreement between the qualified company and the secretary. The agreement shall commit the secretary to certify to the secretary of revenue: (1) That the qualified company is eligible to receive benefits under this act; (2) the number of new employees hired by the qualified company; and (3) the amount of gross wages being paid to each new employee.
(d) The agreement between the qualified company and the secretary shall be entered into before any benefits may be provided under this act, and shall specify that should the qualified company fail to comply with the terms and conditions set forth in the agreement, or fails to comply with the provisions set forth in this act, the secretary may terminate the agreement, and the qualified company shall not be entitled to any further benefits provided under this act and shall be required to remit to the state an amount equal to the aggregate Kansas payroll withholding taxes retained by the qualified company, or remitted to the qualified company by a third party, pursuant to this act as of the date the agreement is terminated.
(e) A qualified company that is already receiving benefits pursuant to this act may apply to the secretary for additional benefits if the qualified company meets the requirements of K.S.A. 74-50,212, and amendments thereto.
(f) A qualified company seeking benefits shall be allowed to participate in the IMPACT program pursuant to K.S.A. 74-50,102 et seq., and amendments thereto, but shall not be allowed to participate in any other program in which any portion of such qualified company's Kansas payroll withholding taxes have been pledged to finance indebtedness or transferred to or for the benefit of such company. A qualified company shall not be allowed to claim any credits under K.S.A. 79-32,153, 79-32,160a or 79-32,182b, and amendments thereto, if such credits would otherwise be earned for the hiring of new employees and the qualified company has retained any Kansas payroll withholding taxes from wages of such employees. A qualified company shall not be eligible to receive benefits under K.S.A. 74-50,212, and amendments thereto, and under K.S.A. 74-50,102 et seq., and amendments thereto, for the same new employees.
(g) (1) Under no circumstances shall the total amount of benefits received by the aggregate of all expanding businesses, as such term is defined in K.S.A. 74-50,211, and amendments thereto, under this act exceed $4,800,000 in the fiscal year commencing on July 1, 2011, $6,000,000 in the fiscal year commencing on July 1, 2012, $12,000,000 in the fiscal year commencing on July 1, 2013, $18,000,000 in the fiscal year commencing on July 1, 2014, $24,000,000 in the fiscal year commencing on July 1, 2015, $30,000,000 in the fiscal year commencing on July 1, 2016, $36,000,000 in the fiscal year commencing on July 1, 2017, and $42,000,000 in any fiscal year commencing on or after July 1, 2018.
(2) Under no circumstances shall the total amount of benefits received by the aggregate of businesses under subsections (e) or (f) of K.S.A. 74-50,212, and amendments thereto, exceed $1,200,000 in the fiscal year commencing on July 1, 2012, $2,400,000 in the fiscal year commencing on July 1, 2013, $1,200,000 in the fiscal year commencing on July 1, 2014, $1,200,000 in the fiscal year commencing on July 1, 2015, $1,200,000 in the fiscal year commencing on July 1, 2016, and $1,200,000 in the fiscal year commencing on July 1, 2017.
(h) The secretary shall adopt rules and regulations necessary to implement and administer the provisions of this act.
History: L. 2009, ch. 104, § 4; L. 2010, ch. 144, § 5; L. 2011, ch. 115, § 12; L. 2014, ch. 136, § 2; July 1.
Structure Kansas Statutes
Chapter 74 - State Boards, Commissions And Authorities
Article 50 - Department Of Commerce
74-5001a Purpose of department.
74-5002 Declaration of necessity and public policy.
74-5002c Successors and continuation of department and secretary of economic development.
74-5002d Rules and regulations, orders and directives continued in effect until superseded.
74-5002e Application of documentary references and designations.
74-5002m Rights preserved in legal actions and proceedings.
74-5002o Organization of department; policies governing administration.
74-5002q Rules and regulations to provide objective scoring matrix for awarding housing tax credits.
74-5002r Rules and regulations.
74-5002w Rights preserved in legal actions and proceedings.
74-5002x Transfer of officers and employees; rights and benefits preserved.
74-5002y Authorization to contract for data processing services and training.
74-5005 Powers and duties of department.
74-5007a Purpose and powers of business development division.
74-5009 Division of community development; powers.
74-5011 Same; duties; cooperation by political subdivisions.
74-5012 Same; authorization to enter into certain agreements.
74-5015 Officers and employees, retention of benefits and rights.
74-5016 Property, records and unexpended balances of appropriations transferred.
74-5017 Resolution of conflicts by governor.
74-5018 Rights saved in legal actions and proceedings.
74-5020 Department and office of secretary of economic development abolished.
74-5021 Community resource act; citation.
74-5022 Same; legislative findings and declaration; purpose of act.
74-5025 Same; training and technical assistance; contracts.
74-5026 Same; application for grants; form, manner, time; approval; certified budget.
74-5027 Same; contents of application.
74-5028 Same; grants; amounts; limitations; allocation; reports.
74-5029 Declaration of public policy; development of agricultural products.
74-5033 Contracts for promotional advertising services; bidding exemption.
74-5038 Same; determination of forms to be filed; maintenance of file.
74-5039 "State agency" defined.
74-5048 Division of trade development; powers.
74-5058 Kansas private activity bond allocation act; citation.
74-5062 Same; review of allocation; assistance of advisory committee.
74-5068 Cooperation and assistance required of certain state agencies.
74-5096 Grant administration by department.
74-5098 Authorized uses of grant proceeds; limitations.
74-5099 Cooperative undertakings by city-county economic development organizations.
74-50,100 Authority to award grants terminated.
74-50,101 Evaluation of plans by secretary; report to governor and legislature.
74-50,106 Review and approval of proposed agreements by secretary of commerce; eligibility.
74-50,111 Annual report of IMPACT program activities.
74-50,113 Kansas enterprise zone act.
74-50,115 Same; sales tax exemption; requirements.
74-50,116 Nonmetropolitan regional business program; criteria.
74-50,117 Quarterly list of designated nonmetropolitan regions to revenue.
74-50,118 Nonmetropolitan regions; annual report.
74-50,119 Same; rules and regulations.
74-50,131 Definitions; qualifications; certification of eligibility; rules and regulations.
74-50,132 Tax credits for qualified firms.
74-50,163 Agriculture marketing and promotions advisory board; members; duties.
74-50,181 Title and citation of act.
74-50,183 Athletic commission, established; members, qualifications; terms; compensation.
74-50,184 Same; background investigations.
74-50,185 Inspectors, agents and other personnel; rules and regulations.
74-50,187 Rules and regulations.
74-50,189 Licenses; conditions of issuance.
74-50,190 Sports contests; three judges.
74-50,191 Medical suspensions; medical retirement.
74-50,192 Unlicensed regulated sports; injunctions, restraining or other orders.
74-50,193 Complaints against licensees; suspension, revocation or refusal to issue license, grounds.
74-50,194 Contestants, license required.
74-50,195 Certain sports exempt from regulation under act.
74-50,196 Liability insurance, surety bond or indemnity coverage.
74-50,201 Individual development account program act.
74-50,204 Same; account holder; purposes for withdrawal of moneys.
74-50,205 Same; establishment of account by financial institution; duties; deposits, limitations.
74-50,208 Same; income tax credit for contributions by program contributors.
74-50,209 Qualified older Kansan; access to workforce training; strategic plan required.
74-50,210 Title and intent of act.
74-50,212 Qualified company; eligibility requirements; benefits; retention incentives.
74-50,214 Documentation submitted to department of revenue; rules and regulations.
74-50,215 Annual review of qualified company; books and records; audits.
74-50,220 Recovery zone bonds; allocation; rules and regulations.
74-50,221 Qualified energy conservation bonds; allocation; rules and regulations.
74-50,222 Rural opportunity zones; definitions.
74-50,224 Job creation program fund; expenditures; purposes; annual report.
74-50,225 Economic development incentive programs; application fees; rules and regulations.
74-50,226 Economic development incentive program information database; definitions.
74-50,228 Same; presentations by secretary to legislative committees.