9-2-2610. Definitions.

(a) As used in this act:

(i) "Applicant" means an employer seeking funding under this act;

(ii) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity;

(iii) "Department" means the department of workforce services created in W.S. 9-2-2018;

(iv) "ENDOW council" means the economically needed diversity options for Wyoming executive council;

(v) "Eligible training provider" means:

(A) The University of Wyoming;

(B) A Wyoming community college district;

(C) An entity operated by a tribal government of either the Northern Arapaho or Eastern Shoshone tribes on the Wind River Indian Reservation;

(D) An entity approved to provide workforce training that is included on the eligible training provider list.

(vi) "Eligible training provider list" means the list maintained by the department of those eligible training providers who may be used to provide workforce training under this act;

(vii) "Employee" means an individual employed in a new job;

(viii) "Employer" means an individual or business entity providing new jobs and entering into a contract under this act;

(ix) "Full-time job" means a predominantly year-round position requiring an average of at least thirty-five (35) hours of work each week;

(x) "New job" means a newly created full-time or part-time job in a priority economic sector business. The term does not include:

(A) Jobs for recalled employees returning to positions held previously, for replacement employees, or for employees newly hired as a result of a labor dispute, seasonal jobs, or other jobs that previously existed within the employment of the employer in the state; or

(B) Jobs created by an employer as the result of an acquisition of a Wyoming entity if those jobs previously existed in the state of Wyoming in the acquired company or entity unless it is demonstrated that the jobs:

(I) Are substantially different as a result of the acquisition; and

(II) Will require new training for the employee to meet new job requirements.

(xi) "Part-time job" means a predominantly year-round position requiring an average of twenty-five (25) to thirty-four (34) hours of work each week;

(xii) "Priority economic sector business" means an employer engaged in establishing or expanding operations within a priority economic sector identified in the twenty (20) year comprehensive economic diversification strategy approved by the governor pursuant to W.S. 9-12-1402 in Wyoming that through the employment of knowledge or labor add value to a product, process or export service that results in the creation of new wealth;

(xiii) "Program" means a workforce training program implemented in accordance with the provisions of this act;

(xiv) "Program costs" means all necessary and incidental costs of providing program services. The term does not include the cost of equipment to be owned or used by the eligible training provider beyond the term of the contract with the department unless the eligible training provider is an entity specified in subparagraphs (v)(A) through (C) of this subsection and the department determines the equipment likely will be used to provide subsequent training in a priority economic sector program under this act or other program funded by the department;

(xv) "Program services" means training and education specifically directed to the new jobs, including:

(A) All direct training costs, such as:

(I) Program promotion;

(II) Instructor wages, per diem and travel;

(III) Curriculum development and training materials;

(IV) Lease of training equipment and training space;

(V) Purchase of training equipment subject to the limitations provided in paragraph (xiv) of this subsection;

(VI) Miscellaneous direct training costs;

(VII) Administrative costs; and

(VIII) Assessment and testing.

(B) In-house or on-the-job training; and

(C) Subcontracted services with eligible training providers.

(xvi) "Wyoming workforce development-priority economic sector partnership subaccount" or "subaccount" means the subaccount created in W.S. 9-12-1404(a)(iii);

(xvii) "Wyoming workforce development-priority economic sector partnership program" means the workforce training program authorized by this act;

(xviii) "This act" means W.S. 9-2-2609 through 9-2-2611.