Wyoming Administrative Code
Agency 085 - Business Council
Sub-Agency 0016 - Wyoming Business Relief Program
Chapter 1 - GENERAL PROVISIONS
Section 1-3 - Definitions
Universal Citation: WY Code of Rules 1-3
Current through September 21, 2024
(a) As used in these programs:
(i) "Council" means the
Wyoming Business Council Board of Directors.
(ii) "Council Staff" means the staff of the
Wyoming Business Council.
(iii)
"Eligible business" means a business that:
(A)
Was established on or before the date of enactment of any applicable public
health order issued by the state or any local government of Wyoming that
required closures of businesses in response to the COVID-19 pandemic;
and
(B) Is independently owned and
operated; and
(C) Is headquartered
in Wyoming or has its principal operations located in Wyoming; and
(D) As of March 31, 2020, had employed fifty
(50) full-time employees or less for applicants requesting Business
Interruption Stipend Program funds; or
(E) As of March 31, 2020, had employed one
hundred (100) full-time employees or less for applicants requesting Coronavirus
Business Relief Stipend Program funds. Upon a finding of good cause, the
Council may grant a stipend to a business that on March 31, 2020, employed one
hundred ten (110) or fewer employees.
(iv) "Full-time employee" means any employee
who works thirty (30) hours or more per week.
(v) "Applicant" means an eligible business
who applies for funding under the Wyoming Business Recovery Project programs;
(A) An applicant may only submit one (1)
application per program.
(vi) "Awardee" means an eligible business who
has been awarded funding under the Wyoming Business Recovery Project programs;
(A) Receipt of stipends under this chapter
shall not disqualify a business from receiving other COVID-19 related state or
federal grants or stipends, including those established in HB 1004 Section
2, HB1004
Section 3, or HB1004 Section
4.
(vii) "Required closure" means the closure of
a business that was ordered by the state or any local government of Wyoming in
an order issued or in effect beginning on the date of enactment of any
applicable public health order in response to the COVID-19 pandemic, or the
interruption of a business's normal business as a result of any closures or
state or local public health orders associated with the COVID-19
pandemic.
(viii) "COVID-related
expenses" means actual expenses incurred in Wyoming for the health and safety
of Wyoming employees and expenses incurred by Wyoming employers to comply with
public health guidelines for the health and safety of Wyoming employees as a
result of the COVID-19 pandemic and includes cleaning products, sanitizers,
personal protection equipment, other safety equipment, expenses related to
training and implement necessary and required protocols to continue operating
the business, expenses related to the hiring and paying of employees necessary
to implement protocols associated with screening, safety, security, cleaning,
and sanitizing business premises.
(ix) "Independently owned and operated" means
a business is privately or publicly owned. This excludes governmental entities
and government-owned entities.
(x)
"Headquartered in Wyoming" means a business's principal place of business is
located in Wyoming.
(xi) "Principal
operations in Wyoming" means more than fifty percent (50%) of a company's
primary work is located in Wyoming and,
(A) At least sixty percent (60%) of the
organization's employees are employed in Wyoming; or
(B) At least sixty percent (60%) of the
business payroll is paid to individuals living in Wyoming.
(xii) "Business Interruption" means any
interruption to a business as a result of the COVID-19 health emergency and
resulting closures. Interruptions may include those inside and outside Wyoming.
These may include, but are not limited to:
(A)
Supply chain disruptions;
(B)
Decreased demand for products or services;
(C) Required closures; and/or
(D) Regulatory requirements that make
operating unprofitable
(xiii) "Intend to maintain a meaningful nexus
to the state of Wyoming" means a company remains headquartered in Wyoming or
its principal operations remain in Wyoming for not less than three (3) years
after receiving a stipend.
(xiv)
"Costs of business interruption" means lost business revenue due to required
closures, plus additional expenses incurred due to required closures, less cost
savings realized as a result of required closures and any Paycheck Protection
Program funds received.
(xv) "Lost
business revenue" means substantiated revenue that would have been earned in
the absence of required closures, including but not limited to actual revenue,
accounts receivable or contracts for work. Applicants must be able to
substantiate their lost business revenue.
(xvi) "COVID-19 related expenses" means
actual expenses that the business incurred that it would not have incurred in
the absence of the COVID-19 health emergency, including but not limited to
expenses for personal protective equipment, signage and cleaning.
(xvii) "Cost savings realized" means costs
the business did not incur, that it would normally incur as a result of the
COVID-19 emergency, including but not limited to costs of supplies, inventory,
and labor.
(xviii) "Preference"
means eligible businesses that have not received any funding from the paycheck
protection program established by the Coronavirus Aid, Relief, and Economic
Security (CARES) Act, P.L. No. 116-136 will have primary consideration as
determined by the Council from the implementation date of the Business
Interruption Stipend Program.
(xix)
"Payroll Costs" means business expenses during the COVID-19 emergency that may
include but are not limited to:
(A) Salaries,
wages, or commissions;
(B)
Vacation, parental, family, medical, and/or sick leave;
(C) Allowance for separation or
dismissal;
(D) Payments for the
provisions of group health care benefits including insurance
premiums;
(E) Payment of any
retirement benefit;
(F) Payroll
taxes;
(G) For a sole proprietor or
independent contractor: wages, commissions, income, or net earnings from
self-employment.
(xx)
"Business Supplies" means items needed to operate the eligible business, these
may include but are not limited to office supplies, serving supplies, and other
supplies needed to maintain normal business operations.
(xxi) "Business Equipment" means equipment
necessary to resuming normal business operations and equipment necessary to
modify business operations including but not limited to computers and equipment
for telework, protective barriers, telephones, food serving equipment, and
thermometers.
(xxii) "Other
business expenses" means other expenses necessary to maintain business
operations during the COVID-19 emergency. Other business expenses could
include; mortgage/rent expenses, utility expenses, and other operational
costs.
(xxiii) "Any other
expenditure or expense" means any actual expenditure or expenses that occurred
during the COVID-19 emergency.
(xxiv) "Primary activity/purpose" means fifty
percent (50%) or more of the eligible business' time is devoted to the said
activity/purpose.
Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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