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74-50,317. Reimbursement of training and education expense of new employees; eligibility; amount; agreement with secretary of commerce; annual showing of eligibility required; attracting powerful economic expansion new employee training; certification required for reimbursement; breach of agreement, repayment. (a) On and after July 1, 2022, a qualified firm or a qualified supplier that meets the requirements of K.S.A. 2023 Supp. 74-50,312, and amendments thereto, and this section and that has entered into an agreement with the secretary, as provided by K.S.A. 2023 Supp. 74-50,312, and amendments thereto, may be eligible for reimbursement of up to 50% of training and education eligible expenses for training or education completed for new employees in each year for up to five successive years, as determined by the secretary and as provided by this section. The maximum amount of reimbursement paid to a qualified supplier shall be $250,000 per year. The maximum amount of reimbursement paid to a qualified firm shall be $5,000,000 per year. In determining the percentage, the number of successive years and the maximum annual amount as limited by this subsection, the secretary shall, at a minimum, consider the factors set forth in K.S.A. 2023 Supp.74-50,313(b) and (d), and amendments thereto, as applicable.

(b) (1) Qualified firms shall be eligible commencing with the year in which the qualified firm enters into an agreement with the secretary, as provided in K.S.A. 2023 Supp. 74-50,312, and amendments thereto, commences construction of the qualified business facility or commences commercial operations at the qualified business facility, as determined by the secretary.

(2) Qualified suppliers shall be eligible commencing with the year in which the qualified firm selected the qualified supplier for benefit eligibility pursuant to K.S.A. 2023 Supp. 74-50,312, and amendments thereto. Only training and education expenses for new employees employed at a qualified business facility of the qualified supplier that is located and operating in Kansas shall be eligible for reimbursement. A qualified supplier shall not be awarded such benefits until the qualified business facility of the qualified firm commences commercial operations.

(c) The qualified firm or qualified supplier shall submit an application to the secretary in the form and manner required by the secretary and provide all information requested by the secretary, as provided by K.S.A. 2023 Supp. 74-50,312, and amendments thereto. If approved by the secretary, the qualified firm or qualified supplier shall enter into an agreement with the secretary with such terms and conditions as may be required by the secretary and commitments required by this act, as provided pursuant to K.S.A. 2023 Supp. 74-50,312, and amendments thereto. The agreement shall set forth the maximum amount of the incentive that may be received each year, as limited by subsection (a), and shall require an annual showing of eligibility, including evidence showing the number of new hires and amount of eligible training and education expense, for each year the incentive is claimed.

(d) Subject to appropriations therefor, reimbursement in the amount approved by the secretary and pursuant to the terms of the agreement and the limitations of subsection (a) shall be made by the secretary from the attracting powerful economic expansion new employee training and education fund established in K.S.A. 2023 Supp. 74-50,318, and amendments thereto, in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.

(e) No reimbursement shall be issued unless the qualified firm or the qualified supplier has been certified by the secretary, as provided in K.S.A. 2023 Supp. 74-50,312, and amendments thereto, as meeting all requirements of this act, any rules and regulations of the secretary and the agreement executed pursuant to K.S.A. 2023 Supp. 74-50,312, and amendments thereto.

(f) If the qualified firm or qualified supplier breaches the terms and conditions of the agreement pursuant to K.S.A. 2023 Supp. 74-50,312, and amendments thereto, reimbursements shall be repaid to the state as provided by K.S.A. 2023 Supp. 74-50,312, and amendments thereto.

History: L. 2022, ch. 3, § 7; February 10.