Chapter 2

Business Interruption Stipend Program

 

Emergency rules are in effect no longer than 120 days after filing with the Registrar of Rules

 

Section 1.  Authority. These emergency rules are adopted by the Wyoming Business Council ("WBC") pursuant to 2020 Spec. Session 1, HEA 001, Section 2(d);

 

Section 2. Purpose.  These rules are promulgated for the purpose of providing a regulatory framework for the issuance of stipends to Wyoming businesses who have experienced business interruptions caused by required closures due to COVID-19 pandemic.

 

Section 3. Eligible Applicants. 

 

(a) In addition to the General Provisions in Chapter 1 and the requirements set forth in HEA 01, an Applicant must be an eligible business and must have incurred actual losses as a result of business interruptions due to the COVID-19 health emergency and required closure; and;              

 

(b)Tribal government-owned businesses are not eligible to apply for the Business Interruption Stipend Program;

 

(c)Any government-owned entity is not eligible to apply for the Business Interruption Stipend Program;

 

(d) Non-profit entities of any kind are not eligible to apply for the Business Interruption Stipend Program;             

 

(e) Receipt of stipends under this chapter shall not disqualify a business from receiving other COVID-19 related state or federal grants or stipends, including the Coronavirus Business Relief Stipend program and the Coronavirus Mitigation Stipend program.

 

Section 4. Application Process.   

 

(a)Prioritization criteria.

 

(i)The Council shall prioritize stipends under this chapter based on the following criteria:

 

(A)The Council will give preference to those Applicants 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 and/or were required to be closed by applicable public health orders. These businesses will receive preference in funding.  The preference will be applied through the timing of when applications are received and processed by the Council. The Council will establish and publish the timing for all applications. The priority preference will go in the following order:

 

(I)Applicants that did not receive Paycheck Protection Program funding and were specified in the following health orders;

 

(1.)The following businesses are deemed "required to be closed" for priority purposes:  theaters, bars, nightclubs, coffee shops, employee cafeterias, self-serve buffets, salad bars, unpackaged self-serve food service, gyms, conference rooms, museums, restaurants, nail salons, hair salons, barber shops, massage therapy services, tattoo, body art and piercing shops, and cosmetology, electrology, and esthetic services.  

 

(II) Applicants that may have received funding from the Paycheck Protection Program, but were specified in the preceding health orders and/or applicants that were not specified in the preceding health orders, but did not receive funding from the Paycheck Protection Program;

 

(III)   Any Applicant;

 

(b)Application.

 

(i)The Council shall provide a "Business Interruption Stipend Program" application online that includes a requirement to provide information relevant for funding decisions, including but not limited to:

 

(A)Information that establishes the applicant's eligibility and prioritization criteria listed under Section 2(a) and Section 3(a) of this Chapter.             

(B)Certification of cost of business interruption due to/caused by the COVID-19 health emergency and required closure(s).             

 

(ii)Each applicant shall file its application for "Business Interruption Stipend Program" funds with the Council online at a website provided by the Council.

 

(iii)Applicants must report the amount of federal loans, grants, or aid provided for COVID-19 related purposes, including from the CARES Act, or other similarly purposed federal act, including funds from the Wyoming Community Development Authority funded by the CARES Act for which the applicant:

 

(A)             Believes they are eligible;

 

(B)              Has applied; or

 

(C)              Has received.

 

Section 5.Amount of award.

(a)The amount of award is the amount to reimburse the business for the cost of business interruption.  This amount is determined by calculating lost revenue and COVID-19 related expense and subtracting from that amount the businesses Cost Saving Realized and any federal or state funding that the business has received to compensate for these same losses, including Paycheck Protection Program funds the business received and expects to be forgiven.

 

(b)Cost of business interruption must have occurred after March 13, 2020; 

 

(c)In no event shall an Applicant's award exceed fifty thousand dollars ($50,000.00).

 

Section 6.Review and Recommendation.

 

(a)Applications are received on a rolling basis until funds have been expended and will be reviewed in the following manner:

 

(i)Council staff reviews to ensure accuracy, eligibility, and completeness, with consideration to Section 4(a);

 

(ii)Each Application will be assigned a unique identifying number and be given prioritization, if applicable, according to Section 4(a);

 

(iii)Monies will be expended on a first come, first served basis, with the exception of the consideration to the preference in Section 4(a);

 

(iv)Monies will be disbursed either via electronic funds transfer or by paper check from the Wyoming State Auditor's Office;

 

Section 7.Certification.Applicants shall certify that:

 

(a)The statements contained in the application are true, complete and accurate to the best of applicant's knowledge;

 

(b)The funds will only be used for purposes allowed under the program; and

 

(c)The funds are requested to reimburse costs of business interruptions caused by COVID-19. Applicant understands and acknowledges that failure to comply with these terms and certifications may result in the WBC requiring a total or partial refund of the grant funds.

 

Section 8.Program Administration and Audit. 

 

Council staff may conduct and contract for random audits of eligible businesses receiving awards under this section to ensure awarded funds are expended in compliance with state and federal law.  By accepting an award under this Chapter, the Applicant agrees to assist and provide the information requested by the auditors.