reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 11 - Mainstreet Program › Section 9-12-1102 - Wyoming Main Street Advisory Board.

9-12-1102. Wyoming main street advisory board.
(a) There is created a Wyoming main street advisory board. The board shall consist of seven (7) members appointed by the governor, not more than seventy-five percent (75%) of whom shall be from the same political party. Board members shall elect from their membership a chairman, vice-chairman and secretary.
(b) The governor may remove any member of the board as provided by W.S. 9-1-202.
(c) Board members shall serve a three (3) year term provided that of the initial board, two (2) members shall be appointed for a one (1) year term, two (2) members for two (2) year terms and three (3) members for three (3) year terms. Vacancies on the board shall be filled by appointment of the governor for the unexpired term.
(d) Members of the board shall receive the same per diem, expenses and travel allowance as members of the legislature while in actual attendance at meetings of the board and the performance of their duties relative thereto.
(e) The department shall provide staff services as required by the board to carry out the board's duties.
(f) The board shall meet as often as necessary to conduct business, but not less than three (3) times each year. Meetings shall be called by the chairman. A majority of members of the board shall constitute a quorum.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 11 - Mainstreet Program › Section 9-12-1103 - Duties of the Board.

9-12-1103. Duties of the board.
(a) The board shall:
(i) Assist the council in developing a plan to operate the Wyoming main street program;
(ii) Annually review the program and report findings and recommendations, including recommendations for future legislation, to the governor;
(iii) Provide a comprehensive evaluation of the Wyoming main street program annually to the joint minerals, business and economic development interim committee no later than September 1 of each year. The report shall include findings and recommendations, including recommendations for future legislation.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 11 - Mainstreet Program › Section 9-12-1104 - Duties of the Council.

9-12-1104. Duties of the council.
(a) The council shall establish and administer a Wyoming main street program to coordinate state and local participation in programs offered by the national main street center, created by the national trust for historic preservation, to assist municipalities in planning, managing and implementing programs for the revitalization of business areas.
(b) In carrying out subsection (a) of this section, the council shall:
(i) Enter into contracts to obtain business area revitalization services;
(ii) Subject to legislative authorization, employ any staff necessary to operate the Wyoming main street program;
(iii) With advice from the board, develop a plan describing the objectives of the Wyoming main street program and methods by which the council shall:
(A) Coordinate the activities of that program with private and public sector revitalizations of business areas;
(B) Solicit and use private sector funding for revitalization of business areas;
(C) Assist municipalities engaged in the revitalization of their business areas.
(iv) Coordinate with other state and local public and private entities that provide services to municipalities undertaking projects for the revitalization of business areas;
(v) Provide training, technical assistance and information on the revitalization of business areas to municipalities which do not participate in the Wyoming main street program;
(vi) Repealed By Laws 2009, Ch. 8, 2.
(c) The council shall promulgate rules necessary to carry out the provisions of this article.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 11 - Mainstreet Program › Section 9-12-1105 - Main Street Program.

9-12-1105. Main street program.
(a) The council with advice from the board shall determine the number of municipalities to participate in the Wyoming main street program. The council shall select program participants that represent different geographical regions or populations. The council shall hold at least one (1) public hearing before making selections under this subsection.
(b) In making its selection pursuant to subsection (a) of this section, the council, with the assistance of the board, shall develop criteria for use in selecting program participants which relate to at least the following issues:
(i) Private and public sector interest in and commitment to revitalization of a business area selected by the municipality;
(ii) Potential private sector investment in a business area selected by the municipality;
(iii) Local organizational and financial commitment to employ a program manager for not less than three (3) years;
(iv) Local assistance in paying for the services of a design consultant recommended by the advisory board;
(v) Local commitment to assist in training programs to direct activities related to business areas in municipalities that do not participate in the Wyoming main street program.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 12 - Wyoming Energy Performance Program › Section 9-12-1201 - Definitions.

9-12-1201. Definitions.
(a) As used in this article:
(i) "Agency" means a branch, agency, department, board, instrumentality or institution of the state of Wyoming, a county, a municipal corporation, a school district, a community college district, the University of Wyoming, the cooperative tribal governing body, the Eastern Shoshone Tribe, the Northern Arapaho Tribe, a joint powers board formed pursuant to this act or a special district specifically involved in providing facilities or functions enumerated in W.S. 16-1-104(c);
(ii) "Energy conservation measure" means an energy study, audit, improvement or equipment that is designed to provide energy, water and operational cost savings at least equivalent to the amount expended by a facility owner for such energy study, audit, improvement or equipment over a period of not more than twenty (20) years after the date such improvement or equipment is installed or becomes operational;
(iii) "Energy performance contract" means the contract that allows a facility owner to accomplish energy or water efficiency projects without upfront capital costs or capital appropriations. An energy performance contract shall not be considered to be a contract for public improvement pursuant to W.S. 15-1-113;
(iv) "Energy services company" means the contractor not organized under the auspices of a utility regulated by the public service commission with demonstrated technical, operational, financial and managerial capabilities to design and implement energy conservation measures and the ability to secure necessary financial measures to ensure related guarantees for operational cost savings and who is responsible for the audit, design, implementation, measurement, verification and guarantee of savings for individual projects;
(v) "Facility owner" means an agency or group of agencies, a public hospital or other public entity responsible for an individual facility or group of facilities;
(vi) "Investment grade energy audit" means the detailed engineering investigation and report of a facility's current energy and water consuming equipment inventory, condition, operation, maintenance and performance, energy baseline, potential energy and water efficiency upgrades, life cycle costs and risks for future performance that provides the justification for the energy performance contract project;
(vii) "Wyoming energy conservation improvement program" means the Wyoming business council state energy office program designed to enable and support development and implementation of energy performance contract projects.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 12 - Wyoming Energy Performance Program › Section 9-12-1202 - Energy Performance Contracting.

9-12-1202. Energy performance contracting.
The council shall establish a Wyoming energy conservation improvement program which provides support development and implementation of energy performance contract projects to facility owners voluntarily participating in the program. In order to participate in the program, facility owners and energy services companies shall be subject to the provisions of this article and rules adopted pursuant to this article.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 13 - Wyoming Small Business Investment Credit › Section 9-12-1303 - Certification.

9-12-1303. Certification.
(a) The Wyoming business council shall provide a form for applying for certification as a Wyoming small business investment company.
(b) An applicant to be certified as a Wyoming small business investment company shall:
(i) File an application with the council and pay a nonrefundable fee equal to the annual certification fee provided under W.S. 9-12-1308(b);
(ii) Submit as part of the application an audited balance sheet which contains an unqualified opinion of an independent certified public accountant issued not more than sixty (60) days before the application date and includes a statement that the applicant has an equity capitalization of five hundred thousand dollars ($500,000.00) or more in the form of unencumbered cash, marketable securities or other liquid assets; and
(iii) Have at least two (2) principals or persons, employed or engaged to manage the funds who each have a minimum of five (5) years of money management experience in the venture capital or private investment industry or five (5) years of experience as an officer in a commercial bank and acceptable business qualifications as determined by the council in consultation with the Wyoming state banking commissioner.
(c) The council may certify a partnership, corporation, trust or limited liability company which is organized on a for-profit basis and submits an application to be designated as a Wyoming small business investment company if:
(i) The applicant is located, headquartered and licensed or registered to conduct business in Wyoming;
(ii) The applicant has as its primary business the activity of investing cash in qualified businesses;
(iii) After a review of the organizational documents and the business history of each applicant the council determines that the officers and the board of directors, general partners, trustees, managers or members of the applicant are acquainted with the requirements of this article; and
(iv) The applicant has complied with the requirements set forth in subsection (b) of this section for a Wyoming small business investment company and is otherwise qualified pursuant to the provisions of this article.
(d) Not more than forty-five (45) days after the receipt of an application under this section, the council shall issue a certification as a Wyoming small business investment company or refuse to issue the certification and provide to the applicant the grounds for the refusal and any information that may allow the applicant to obtain certification.
(e) The council shall begin accepting applications for certification as a Wyoming small business investment company not later than January 1, 2011.
(f) The council may contract with an independent third party to review, investigate and certify that the applications under this section and requests under W.S. 9-12-1307(j) and 9-12-1310(c) comply with the provisions of this article.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 13 - Wyoming Small Business Investment Credit › Section 9-12-1304 - Requirements.

9-12-1304. Requirements.
(a) An insurance company or affiliate of an insurance company or insurer shall not, directly or indirectly:
(i) Own, whether through rights, options, convertible interest, or otherwise, fifteen percent (15%) or more of the voting securities or other voting ownership interest of a Wyoming small business investment company;
(ii) Manage a Wyoming small business investment company; or
(iii) Control the direction of investments for a Wyoming small business investment company.
(b) A Wyoming small business investment company may obtain one (1) or more guaranties, indemnities, bonds, insurance policies or other payment undertakings for the benefit of its participating investors from any entity, except that in no case shall more than one (1) participating investor of the Wyoming small business investment company, including any affiliates of the participating investor, be entitled to provide such guaranties, indemnities, bonds, insurance policies or other payment undertakings in favor of the participating investors of the Wyoming small business investment company and its affiliates.
(c) This section shall not be construed to preclude a participating investor, insurance company or other party from exercising its legal rights and remedies including, without limitation:
(i) Interim management of a Wyoming small business investment company in the event that a Wyoming small business investment company is in default of its statutory obligations or its contractual obligations to such participating investor, insurance company or other party;
(ii) Monitoring a Wyoming small business investment company to ensure its compliance with this section; or
(iii) Disallowing any investments that have not been approved by the council pursuant to this article.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 13 - Wyoming Small Business Investment Credit › Section 9-12-1308 - Wyoming Small Business Investment Company Reporting Requirements.

9-12-1308. Wyoming small business investment company reporting requirements.
(a) Each Wyoming small business investment company shall report the following to the council:
(i) As soon as practicable after the receipt of designated capital:
(A) The name of each participating investor from which the designated capital was received, including such participating investor's national association of insurance commissioners (NAIC) identification number;
(B) The amount of each participating investor's investment of designated capital; and
(C) The date on which the designated capital was received.
(ii) On or before January 31 of each year:
(A) The amount of the Wyoming small business investment company's remaining uninvested designated capital at the end of the immediately preceding fiscal year;
(B) Whether the Wyoming small business investment company has invested more than twenty percent (20%) of its total designated capital in any one (1) business;
(C) All qualified investments that the Wyoming small business investment company has made in the previous fiscal year, including the number of employees of each qualified business in which it has made investments at the time of such investment and as of December 1 of the preceding fiscal year; and
(D) For any qualified business where the Wyoming small business investment company no longer has an investment, the Wyoming small business investment company shall provide employment figures for that company as of the last day before the investment was terminated.
(iii) Any information that the council may require by rule and regulation:
(A) Which will help the council ascertain the impact of the Wyoming small business investment company program directly and indirectly on the economy of the state of Wyoming including, without limitation, the number of jobs created by qualified businesses that have received qualified investments; or
(B) Information on the operations of the Wyoming small business investment company that the council requires to determine compliance with the requirements of this article.
(iv) Within ninety (90) days of the close of its fiscal year, annual audited financial statements of the Wyoming small business investment company which shall include the opinion of an independent certified public accountant.
(b) The business council shall set annual certification fees through rule and regulation in the manner provided in W.S. 33-1-201(a). A Wyoming small business investment company shall submit to the council the annual, nonrefundable certification fee on or before April 1 of each year. The council shall transfer the fee to the state treasurer for deposit into the general fund. The annual certification fee shall not be required for the year if the payment date under this subsection is within six (6) months of the date a Wyoming small business investment company is first certified by the council under W.S. 9-12-1303.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 13 - Wyoming Small Business Investment Credit › Section 9-12-1309 - Distributions.

9-12-1309. Distributions.
(a) A Wyoming small business investment company may make a qualified distribution at any time. In order for a Wyoming small business investment company to make a distribution other than a qualified distribution to its equity holders, the cumulative amount of all qualified investments of the Wyoming small business investment company shall equal or exceed one hundred percent (100%) of its designated capital.
(b) A Wyoming small business investment company shall transfer to the state treasurer for deposit into the general fund an amount equal to ten percent (10%) of all distributions to the equity holders of the Wyoming small business investment company, other than qualified distributions and distributions of paid-in capital contributed to a Wyoming small business investment company by the equity holders. A Wyoming small business investment company shall make all contributions required under this subsection concurrently with distributions to its equity owners by payment to the Wyoming business council. The council shall upon receiving payment from the Wyoming small business investment company transmit the funds to the state treasurer for deposit into the general fund. Nothing in this subsection shall be construed to affect qualified distributions.
(c) If, more than ten (10) years after the allocation date, a Wyoming small business investment company has failed to cumulatively invest an amount equal to at least one hundred percent (100%) of its designated capital in qualified investments, the percentage of distributions that a Wyoming small business investment company is required to contribute to the state of Wyoming general fund under subsection (b) of this section shall be twenty-five percent (25%) of all distributions to the equity holders of the Wyoming small business investment company, other than qualified distributions and distributions of paid-in capital contributed to a Wyoming small business investment company by the equity holders.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 13 - Wyoming Small Business Investment Credit › Section 9-12-1310 - Decertification; Certification of Compliance.

9-12-1310. Decertification; certification of compliance.
(a) The council shall conduct an annual review of each Wyoming small business investment company to determine if each Wyoming small business investment company is abiding by the requirements of this article and to ensure that no investment has been made in violation of this article. The cost of the annual review and other determinations under this article including certifications requested under W.S. 9-12-1307(j) and subsection (c) of this section shall be paid by each Wyoming small business investment company according to a fee schedule adopted by the council sufficient to cover actual direct and indirect costs of the review or certification.
(b) Any material violation of this article, including any material misrepresentation made to the council in connection with the application process, is a basis for decertification of a Wyoming small business investment company and the disallowance of credits under W.S. 9-12-1305, provided that in all instances the council shall provide notice to the Wyoming small business investment company of the grounds of a proposed decertification and the opportunity to cure any violation of this article before the decertification becomes effective.
(c) A Wyoming small business investment company may request that the council certify that the company has invested an amount cumulatively equal to one hundred percent (100%) of its designated capital in qualified investments as provided in W.S. 9-12-1307 and has complied with all other requirements provided under this article. Upon a request under this subsection, the council shall notify a Wyoming small business investment company not later than sixty (60) days after receipt of a request under this subsection:
(i) That it has achieved certification under this subsection; or
(ii) That it has not met the requirements of this article, provide a reason for the determination that the company has been determined not to have met the requirements of this article and decertify the company if applicable under subsection (b) of this section.
(d) If the council certifies a Wyoming small business investment company under subsection (c) of this section, the company shall no longer be subject to regulation by the council and shall not be subject to the reporting requirements under W.S. 9-12-1308. If the council does not provide notification within the sixty (60) day period as required in subsection (c) of this section, the Wyoming small business investment company shall be deemed to be certified as provided in subsection (c) of this section.
(e) The council shall provide written notice of any decertification proceedings under this section to the insurance commissioner and to the address of each participating investor whose tax credit may be subject to recapture or forfeiture, using the address shown on the last filing submitted to the council.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 13 - Wyoming Small Business Investment Credit › Section 9-12-1312 - Reports to the Governor and Legislature.

9-12-1312. Reports to the governor and legislature.
(a) The council shall make an annual report to the governor, the joint appropriations interim committee and the joint minerals, business and economic development interim committee for review and comment. The report shall include:
(i) The number of Wyoming small business investment companies holding designated capital;
(ii) The amount of designated capital invested in each Wyoming small business investment company;
(iii) The cumulative amount that each Wyoming small business investment company has invested;
(iv) The cumulative amount of follow-on capital that the investments of each Wyoming small business investment company have created in terms of capital invested in qualified businesses at the same time or subsequent to investments made by a Wyoming small business investment company in such businesses by sources other than Wyoming small business investment companies;
(v) The total amount of investment tax credits applied under this article for each year;
(vi) The performance of each Wyoming small business investment company with regard to the requirements for continued certification;
(vii) The classification of the companies in which each Wyoming small business investment company has invested according to industrial sector and size of company;
(viii) The gross number of jobs created by investments made by each Wyoming small business investment company and the number of jobs retained;
(ix) The location of the companies in which each Wyoming small business investment company has invested;
(x) Those Wyoming small business investment companies that have been decertified, including the reasons for decertification; and
(xi) Other related information as necessary to evaluate the effect of this article on economic development.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 14 - Economically Needed Diversity Options for Wyoming (Endow) Executive Council › Section 9-12-1403 - Coordinator of Economic Diversification; Duties.

9-12-1403. Coordinator of economic diversification; duties.
(a) The governor shall designate a coordinator of economic diversification, who shall be a qualified elector of the state and who may be removed by the governor as provided in W.S. 9-1-202. The coordinator shall:
(i) Provide administrative support for the ENDOW executive council;
(ii) Direct and oversee the execution of Wyoming's economic diversification strategies and initiatives and the advancement of the interests of Wyoming in policy, program and project development and implementation to support diversification of the economy of Wyoming. Unless law directs a different state entity to undertake those programs and projects the coordinator may initiate or implement those programs and projects;
(iii) Coordinate activities with the Wyoming business council, community college commission, University of Wyoming, department of workforce services, Wyoming department of transportation, department of environmental quality, office of state lands and investments and other departments, boards, commissions, authorities and agencies of the state of Wyoming to assure efficient use of state resources in execution of Wyoming's economic diversification strategy;
(iv) Compile detailed information on all programs and projects undertaken for the purpose of measuring trends, development and progress in the diversification of the economy of Wyoming;
(v) Initiate, implement, sponsor, promote and coordinate policy research, policy development and economic analysis to support diversification of the economy of Wyoming;
(vi) Where appropriate and authorized by the governor, make use of the services and facilities of other departments, boards, commissions and agencies of the state of Wyoming.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 14 - Economically Needed Diversity Options for Wyoming (Endow) Executive Council › Section 9-12-1404 - Economic Diversification Account Created; Authorized Expenditures.

9-12-1404. Economic diversification account created; authorized expenditures.
(a) There is created an economic diversification account. All monies in the account are continuously appropriated to the office of the governor to be used for the purposes of this article and as otherwise specified by law, including per diem, mileage and other administrative expenses of the ENDOW executive council. Notwithstanding W.S. 9-2-1008 and 9-4-207, funds in the account or subaccounts of the account shall not lapse at the end of the fiscal period. Interest earned on funds in the account shall be deposited to the account or appropriate subaccount. Within the account shall be subaccounts. For accounting and investment purposes only all subaccounts shall be treated as separate accounts. The subaccounts are as follows:
(i) The agriculture marketing subaccount. Funds within this subaccount may be expended as requested by the Wyoming business council and approved by the governor or his designee to provide funding for purposes of W.S. 9-12-109 and as specified by law;
(ii) The broadband development subaccount. Funds within this subaccount may be expended as requested by the Wyoming business council and approved by the governor or his designee to provide funding for agreements entered into pursuant to W.S. 9-12-1501 through 9-12-1510;
(iii) The Wyoming workforce development-priority economic sector partnership subaccount. Funds within this subaccount may be expended:
(A) As approved by director of the department of workforce services for administrative costs incurred by the department of workforce services associated with administration of the Wyoming workforce development-priority economic sector partnership program under W.S. 9-2-2609 through 9-2-2611; and
(B) As approved by the governor or his designee to provide funding for agreements entered into pursuant to W.S. 9-2-2609 through 9-2-2611;
(iv) The Wyoming research and innovation subaccount. Funds within this subaccount may be expended as requested by the Wyoming business council and approved by the governor or his designee to provide funding for agreements entered into pursuant to W.S. 9-12-1405;
(v) The "startup:Wyoming" subaccount. Funds within this subaccount may be expended as requested by the Wyoming business council and approved by the governor or his designee to provide funding pursuant to W.S. 9-12-105(b) through (f).
(b) The governor may accept, and shall deposit to the account, or to the appropriate subaccount within the account, any gifts, contributions, donations, grants or federal funds specifically designated for purposes of this article or other ENDOW related program.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 14 - Economically Needed Diversity Options for Wyoming (Endow) Executive Council › Section 9-12-1405 - Wyoming Research and Innovation Program Fund Created; Authorized Expenditures From the Fund; Rulemaking.

9-12-1405. Wyoming research and innovation program fund created; authorized expenditures from the fund; rulemaking.
(a) The council shall administer a Wyoming research and innovation program under which matching funds necessary to access federal research and development grant funds or other nonstate funds may be provided as specified in this section. To be eligible to receive funding under the program an entity shall present to the council its proposal to apply for or an existing application for an externally funded grant specific to a priority economic sector identified in the approved twenty (20) year comprehensive economic diversification strategy under W.S. 9-12-1402(a)(iv). The entity shall demonstrate that further research funding from nonstate funds is likely to be provided if funding is provided under this section.
(b) The Wyoming business council, in consultation with the ENDOW executive council and the University of Wyoming shall promulgate rules necessary to carry out the provisions of this section. The rules shall include but not be limited to application procedures, eligibility requirements, the amount of funding which may be provided for any single project, provision for ensuring adequate consideration to the state in exchange for funding any project which does not solely involve a state agency or institution or political subdivision of the state, recapture of funding if the recipient of funds breaches any agreement under the program and prioritization for funding requests. In establishing provisions for adequate consideration to the state, the council may include, but is not limited to, assessment of the following:
(i) The potential for the creation of a high-growth company and number of new jobs created;
(ii) The amount of nonstate or private financing leveraged to be used by the business in Wyoming;
(iii) Potential increase in Wyoming based patents;
(iv) Increase in Wyoming higher education institutions' capacity to respond to new research developments.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 15 - Broadband Development Program › Section 9-12-1502 - Application Process.

9-12-1502. Application process.
(a) An eligible applicant shall submit an application to the council on a form prescribed by the council. The council shall develop administrative procedures governing the application and funding process by September 1, 2018. The council shall be responsible for receiving and reviewing applications, entering into contracts and authorizing the distribution of funds under this article, subject to approval by the governor or his designee.
(b) The council shall provide for funding periods not less frequently than biannually. At least thirty (30) days prior to the first day of the funding period for which applications may be submitted, the council shall publish on its official website the specific criteria and any quantitative weighting scheme or scoring system the council will use to evaluate or rank applications.
(c) Funding under this article to a public private partnership shall not require of the partnering business entity:
(i) An open access network;
(ii) Rates, terms and conditions that differ from those the provider offers in its other service areas, except as provided in W.S. 9-12-1510;
(iii) Rate regulation; or
(iv) Time constraints to build which are not technologically feasible.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 15 - Broadband Development Program › Section 9-12-1504 - Challenge Process.

9-12-1504. Challenge process.
(a) Within three (3) business days of the close of the funding application process, the council shall publish on its official website the proposed geographic broadband service area and the proposed broadband service speeds for each application submitted and shall notify each broadband provider who is listed with the council as providing broadband service in the proposed project area of the application and proposed project. The notification to each listed broadband provider shall include the shapefile or map submitted by the applicant under W.S. 9-12-1503(a)(i). An existing broadband service provider may, within fourteen (14) business days of publication of the information, submit in writing to the council a challenge to an application. A challenge shall contain information demonstrating that:
(i) The provider currently provides or has begun construction, undertaken permitting or has received, obtained approval for or won an option for other federal or state funding for a project in the proposed geographic broadband service area to provide broadband service comparable to that in the proposed project at speeds equal to or greater than the speeds proposed in the application and with other capabilities and project size comparable to the project proposed in the application; or
(ii) The provider commits to complete construction of broadband infrastructure and provide broadband service comparable to that in the proposed project at speeds equal to or greater than the speeds proposed in the application and with other capabilities and project size comparable to the project proposed in the application no later than eighteen (18) months after the funding determinations are to be made under this section for the application submitted.
(b) The council shall evaluate the information submitted in a provider's challenge under this section, and is prohibited from funding a project if the council determines the provider is currently providing broadband service or the provider's commitment to provide broadband service that meets the requirements of subsection (a) of this section in the proposed project area is credible.
(c) If the council denies funding to an applicant as a result of a broadband service provider's challenge made under this section, and the broadband service provider does not fulfill the provider's commitment to provide broadband service in the project area, the challenging provider is prohibited from applying for funding for a project under this article for the following five (5) years and the council is prohibited from denying funding to an applicant as a result of a challenge by the same broadband service provider for the following five (5) years, unless the council determines that the broadband service provider's failure to fulfill the provider's commitment was the result of factors beyond the broadband service provider's control.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 15 - Broadband Development Program › Section 9-12-1505 - Funding Determinations.

9-12-1505. Funding determinations.
(a) In evaluating applications and providing funding under this article, the council shall give highest priority to applications which the council determines are public private partnerships.
(b) In evaluating applications and entering into agreements to provide funding, the council shall give priority to applications that meet one (1) or more of the following criteria, with additional priority given for meeting multiple criteria:
(i) Offer new or substantially upgraded broadband service to important community institutions and businesses;
(ii) Serve economically distressed areas of the state, as measured by indices of unemployment, poverty or population loss that are significantly greater than the statewide average;
(iii) Include a component to actively promote the adoption of the newly available broadband services in the community;
(iv) Provide evidence of strong support for the project from citizens, government, businesses and institutions in the community;
(v) Provide access to broadband service to a greater number of unserved households and businesses;
(vi) Provide comparability to service offered in urban areas, both in speed and pricing by reference to standards published by the Federal Communications Commission;
(vii) Provide access to very high speed broadband service to business districts or other business areas and are likely to secure economic benefits for the surrounding locality;
(viii) Leverage greater amounts of funding for the project from other private and public sources;
(ix) Are for projects that are economically and technologically feasible for expanding broadband access in unserved areas of the state.
(c) The council shall endeavor to award grants under this section to qualified applicants in geographically diverse regions of the state.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 15 - Broadband Development Program › Section 9-12-1506 - Limitations.

9-12-1506. Limitations.
(a) Repealed by Laws 2021, ch. 139, 3.
(b) No single project shall exceed five million dollars ($5,000,000.00) in funding provided under this article.
(c) The council shall, by rule, adopt provisions to ensure that adequate consideration is provided for the expenditure of public funds on projects funded under this article.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 15 - Broadband Development Program › Section 9-12-1507 - Application Evaluation Report.

9-12-1507. Application evaluation report.
(a) By June 30 of each year, following adoption of the state broadband enhancement plan, the council shall publish on its website and provide to the joint minerals, business and economic development interim committee a list of all applications for funding under this article received during the previous year and, for each application:
(i) The results of any quantitative weighting scheme or scoring system the council used to fund the applications;
(ii) The amount of funding requested; and
(iii) The funding provided under this article, if any.
(b) Within ninety (90) days after a project's proposed completion date, the council shall review the project and provide in the report under subsection (a) of this section, its determination of whether the project was completed and services rendered in accordance with the agreement under this article. If the council reports that a project was not completed or services are not being rendered in accordance with an agreement, it shall report actions it has taken to enforce the agreement.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 12 - Wyoming Economic Development Act › Article 15 - Broadband Development Program › Section 9-12-1510 - Middle-Mile Broadband Projects.

9-12-1510. Middle-mile broadband projects.
(a) The council may fund middle-mile broadband projects upon receiving an application as provided under this article. The provisions of this article shall apply to middle-mile broadband projects except as otherwise provided by this section. The council shall not fund middle-mile broadband projects under this article unless:
(i) There is no middle-mile infrastructure or functional equivalent in the proposed geographic broadband service area to be served by the proposed middle-mile broadband project;
(ii) The middle-mile broadband project does not result in any overbuild of middle-mile broadband infrastructure or the functional equivalent;
(iii) The project enables broadband internet providers to provide or improve last-mile broadband internet service for end users or end user devices in unserved areas;
(iv) The broadband provider receiving funding under this article agrees to ensure that access to any infrastructure created or improved by the project is provided to other broadband providers at reasonable rates;
(v) The broadband provider agrees to:
(A) Allow the council to participate in arbitration of determining reasonable rates in the event of unsuccessful negotiations between the funding recipient and another broadband provider for access to the infrastructure; and
(B) Provide to the council upon the council's request any marketing information based on current leases to assist the council in determining reasonable rates for access to the infrastructure for the project funded under this article. Any information provided under this subparagraph shall be confidential and shall not be disclosed by the council.
(b) The council shall promulgate rules for the funding of middle-mile broadband projects as provided by this section.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 13 - Government Ethics › Article 1 - Public Officials, Members and Employees Ethics › Section 9-13-103 - Use of Title and Prestige of Public Office.

9-13-103. Use of title and prestige of public office.
(a) No public official, public member or public employee shall use his office or position for his private benefit.
(b) As used in this section, "private benefit" means the receipt by the public official, public member or public employee of a gift which resulted from his holding that office.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 13 - Government Ethics › Article 1 - Public Officials, Members and Employees Ethics › Section 9-13-104 - Nepotism.

9-13-104. Nepotism.
(a) No public official, public member or public employee shall advocate or cause the employment, appointment, promotion, transfer or advancement of a family member to an office or position of the state, a county, municipality or a school district. A public official, public member or public employee shall not supervise or manage a family member who is in an office or position of the state, a county, municipality or school district.
(b) A public official, public member or public employee, acting in his official capacity, shall not participate in his official responsibility or capacity regarding a matter relating to the employment or discipline of a family member.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 13 - Government Ethics › Article 1 - Public Officials, Members and Employees Ethics › Section 9-13-105 - Misuse of Office.

9-13-105. Misuse of office.
(a) A public official, public member or public employee shall not use public funds, time, personnel, facilities or equipment for his private benefit or that of another unless the use is authorized by law.
(b) A public official, public member or public employee shall not use public funds, time, personnel, facilities or equipment for political or campaign activity unless the use is:
(i) Authorized by law; or
(ii) Properly incidental to another activity required or authorized by law and the public official, public employee or public member allocates and reimburses the governmental entity for any additional costs incurred for that portion of the activity not required or authorized by law.
(c) A public official, public employee or public member shall not disseminate to another person official information which the public official, public employee or public member obtains through or in connection with his position, unless the information is available to the general public or unless the dissemination is authorized by law.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 13 - Government Ethics › Article 1 - Public Officials, Members and Employees Ethics › Section 9-13-106 - Official Decisions and Votes.

9-13-106. Official decisions and votes.
(a) A public official, public member or public employee shall not make an official decision or vote on an official decision if the public official, public member or public employee has a personal or private interest in the matter. In determining whether he has a personal or private interest in a matter the public official shall recognize the importance of his right to represent his constituency and shall abstain from voting only in clear cases of a personal or private interest as defined in this subsection. A public official or public member shall not vote to give money or any direct financial benefit to himself except for tax reductions affecting the general public. For the purposes of this section, a personal or private interest:
(i) Is, with respect to the public official, public employee or public member, an interest which is direct and immediate as opposed to speculative and remote; and
(ii) Is an interest that provides the public official, public employee or public member, a greater benefit or a lesser detriment than it does for a large or substantial group or class of persons who are similarly situated.
(b) A public official, public member or public employee described by subsection (a) of this section shall abstain from voting on the decision and from making any official decision in the matter. The public official's, public member's or public employee's abstention from voting must be recorded in the governmental entity's official records.
(c) This section shall not be construed to supersede W.S. 15-9-220, 16-6-118 or 16-9-203(f). Those provisions shall control to the extent inconsistent with this section.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 13 - Government Ethics › Article 1 - Public Officials, Members and Employees Ethics › Section 9-13-107 - Actions Taken While Negotiating for Employment.

9-13-107. Actions taken while negotiating for employment.
A public official, public member or public employee may not vote or take an official action in a matter affecting a person with whom the public official, public member or public employee is negotiating for prospective employment.
2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 13 - Government Ethics › Article 1 - Public Officials, Members and Employees Ethics › Section 9-13-109 - Penalties.

9-13-109. Penalties.
(a) Any person who violates this act is guilty of a misdemeanor punishable upon conviction by a fine of not more than one thousand dollars ($1,000.00).
(b) Violation of any provision of this act constitutes sufficient cause for termination of a public employee's employment or for removal of a public official or public member from his office or position.
(c) If any action is prohibited both by this act and any provision of title 6, the provisions of this act shall not apply and the provisions of title 6 shall apply.