Wyoming Administrative Code › Agency 085 - Business Council › Sub-Agency 0016 - Wyoming Business Relief Program › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Definitions

Current through July 13, 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.