§ 9-2-2611 — 9-2-2611. Priority economic sector business workforce training programs; eligibility

(a) The department, in consultation with the coordinator
of economic diversification shall administer the Wyoming
workforce development-priority economic sector partnership
program. Using available monies within the Wyoming workforce
development-priority economic sector partnership subaccount, the
department may contract to provide training funds for education
or skills based training for employees for priority economic
sector businesses in new jobs. The funds shall be provided to
eligible training providers in accordance with contracts between
the department, priority economic sector business employers and
eligible training providers, for the purpose of providing
employees with education and training required for jobs in new
or expanding priority economic sector businesses in the state.
(b) To be eligible for funding under the Wyoming
employer-workforce partnership program, an applicant shall
demonstrate that it is a priority economic sector business.
(c) An applicant shall provide a match of at least one
dollar ($1.00) for every one dollar ($1.00) requested from the
subaccount. The match may include new loans and investments and
expenditures for direct project related costs such as new
equipment and buildings. The department may consider recent
purchases of fixed assets directly related to the proposal on a
case-by-case basis. A purchase of fixed assets directly related
to the proposed training activities that have been made within
ninety (90) days after submission of the application may be
considered eligible by the department.
(d) Except as provided in subsection (e) of this section,
funding provided under this section may not exceed five thousand
dollars ($5,000.00) for each full-time position and two thousand
five hundred dollars ($2,500.00) for each part-time position for
which an employee is being trained. Funding may be provided only
for a new job that has an average weekly wage that meets or
exceeds the current average weekly wage of the county in which
the employees are to be principally employed, provided minimum
wage requirements are met. The department may consider the
value of employee benefits in calculating the expected annual
wage.
(e) The department may, in exceptional circumstances,
consider a higher funding ceiling for jobs that will pay high
wages and benefits if the need for higher training costs is
documented in the application.
(f) Funding under this section shall be proportional to
the number of jobs provided, the expected average annual wage of
all jobs provided, and the underlying economic indicators of the
region where the majority of the jobs will be created.
(g) Funding ceilings shall be determined by the
availability of funding, the cost for each job and the quality
of the priority economic sector business proposal.
(h) The funding application, at a minimum, shall contain:
(i) A business plan containing information that is
sufficient for the department to obtain an adequate
understanding of the business to be assisted, including the
products or services offered, estimated market potential,
management experience of principals, current financial position,
and details of the proposed venture. In lieu of a business plan,
the department may consider a copy of the current loan
application to entities such as the federal business and
industry guarantee program or the small business administration;
(ii) Financial statements and projections for the two
(2) most recent years of operation and projections for each of
the two (2) years following the distribution of funds, including
but not limited to balance sheets, profit and loss statements,
and cash flow statements. A business operating for less than two
(2) years shall provide all available financial statements.
Information provided under this paragraph shall be considered
confidential and not subject to inspection as provided by W.S.
16-4-203(a)(i);
(iii) A hiring and training plan, which shall
include:
(A) A breakdown of the jobs to be created or
retained, including the number and type of jobs that are
full-time, part-time, skilled, semiskilled or unskilled
positions;
(B) A timetable for creating the positions and
the total number of employees to be hired;
(C) An assurance that the business will comply
with equal opportunity and nondiscrimination laws;
(D) Procedures for outreach, recruitment,
screening, training and placement of employees;
(E) A description of the training curriculum and
resources;
(F) Written commitments from any agency or
organization participating in the implementation of the hiring
plan; and
(G) A description of the type and method of
training to be provided to employees, the starting wage and
wages to be paid after training for each position, the job
benefits to be paid or provided, and any payment to eligible
training providers.
(j) A contract under this act shall contain provisions:
(i) Certifying that the amount of the funding already
expended, together with interest at a rate of four percent (4%)
per annum compounded annually from the date the matching funds
were provided, will be reimbursed in the event that the priority
economic sector business ceases operation in the state of
Wyoming within the funding contract period, which may be up to
two (2) years;
(ii) Specifying that funding will be provided over
the contract period only upon the department verifying the
creation of eligible jobs, the hiring of employees for the jobs
or the incurring of eligible training expenses; and
(iii) Providing the department with annual reports
and a final closeout report that documents the wages paid to an
employee upon completion of the training.
(k) The contract shall be signed by the person in the
priority economic sector business who is assigned the duties and
responsibilities for training and the overall success of the
program and by the business's chief executive.
(m) The Wyoming business council shall assist the
department with review of information provided under paragraphs
(h)(i) and (ii) of this section, as requested by the department.
If the department determines that an applicant meets the
criteria established in this section and has complied with the
applicable procedures and review processes established by the
department, the department may recommend funding for a priority
economic sector business workforce development program and the
disbursement of funds under contract to the eligible training
provider. The recipient eligible training provider shall use
funds received under the program in accordance with the
provisions of the contract. No funding shall be provided for
any program without the written opinion of the attorney general
certifying the legality of the transaction and all documents
connected therein. Upon recommendation of the department,
certification by the attorney general, and approval by the
governor or his designee, funding from the Wyoming workforce
development-priority economic sector partnership subaccount may
be distributed to the eligible training provider.
(n) The department shall provide employers assistance in
accessing workforce and education services outside the scope of
this act for which employees may be eligible. These additional
services shall not be used to replace funding provided under
this act after the contract has been finalized.
(o) The department shall:
(i) Adopt rules to implement this act. At minimum the
rules shall establish application procedures, requirements and
qualifications for funding under this act. The rules may include
provisions for agreements as the department determines
consistent with this act and appropriate or necessary to ensure
adequate consideration is provided to the state for funding
under this act;
(ii) Report annually to the joint appropriations
committee on the expenditures made from the Wyoming workforce
development-priority economic sector partnership subaccount in
the preceding fiscal year and the results of each partnership
project's activities.