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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