"Distressed area" means a county in which:

1. (1) the average annualized unemployment rate in each of the two
2. (2) calendar years immediately preceding the current calendar year exceeded the statewide average annualized unemployment rate for each of the same calendar years by at least two percent (2%); or

3. (2) the average annualized unemployment rate in the immediately preceding calendar year was at least double the statewide average annualized unemployment rate for the same period;

   as determined by the department of workforce development.

As added by P.L.224-2003, SEC.273. Amended by P.L.1-2007, SEC.7.