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.