ARTICLE 2P. OFFICE OF ENTREPRENEURSHIP.

§5B-2P-1. Definitions; Office of Entrepreneurship; duties; information; response to inquiries; annual report.

(a) Definitions:

(1) "Business" means any company, cooperative, corporation, partnership, sole proprietorship, or other legal entity organized or operating for pecuniary or nonpecuniary benefit.

(2) "Entrepreneur" means an individual who initiates or leads the formation or growth of a business.

(3) "Entrepreneurial support organization" means an entity, including public, private, and academic institutions, that is established, in whole or in part, to provide funding, mentorship, programming, resources, support, or training to entrepreneurs, startups, or scale-ups.

(4) "Scale-up" means a startup business that has changed scale to achieve more growth, innovation, and drive job creation, after demonstrating long-term viability of a proven business model evidenced by one or more of the following factors: Substantially increased revenues, an established cash flow, a streamlined marketing and sales operation, or a growth rate of at least 20 percent over a three-year period.

(5) "Startup" means a business that has been organized for five years or less.

(6) "State agency" means an agency of West Virginia including, but not limited to, a board, bureau, commission, department, institution, office, and any other government entity or public body in West Virginia. This term excludes the legislative and judicial branches of state government.

(b) There is created the Office of Entrepreneurship within the Office of the Secretary of State. Employees of the Office of Entrepreneurship report to the Secretary of State.

(c) The Office of Entrepreneurship shall:

(1) Serve as the liaison between entrepreneurs, startups, scale-ups, state agencies, and organizations that support entrepreneurship, to facilitate the navigation and coordination between government requirements and processes, referrals to the appropriate state agencies, and identifying systemic barriers and intergovernmental solutions for purposes set forth in this article;

(2) Coordinate with entrepreneurs, startups, and scale-ups to facilitate the efficient completion of state agency prerequisites to starting, conducting, and growing a business in West Virginia;

(3) Foster working relationships between government and non-government entities including, but not limited to, the Small Business Development Center, the Department of Commerce, the Economic Development Authority, and entrepreneurial support organizations, when appropriate, to establish a growth-positive foundation for business growth and financial stability;

(4) Support the growth of entrepreneurship in the state, including across demographic segments and geographic areas, through the creation of programs, policies, and events; and

(5) Be knowledgeable of and make available to entrepreneurs, startups, and scale-ups resources, programs, and opportunities from state agencies and non-governmental entities to support economic growth and business viability.

(d) State agencies are authorized to and may provide the Office of Entrepreneurship with data, information, and materials, including, but not limited to, educational information, limited system access, records, reports, resources, statistics, and any other necessary access, information, or materials to fulfil the duties and functions of the Office of Entrepreneurship.

(1) A state agency may require a confidentiality agreement between the state agency and the Office of the Secretary of State prior to fulfilling a request by the Office of Entrepreneurship, upon such terms and conditions as the state agency requires.

(2) All such data, reports, records, resources, educational items, and other information or materials obtained by the Office of Entrepreneurship under this section shall be exempt from public disclosure under §29B-1-4(a)(5): Provided, That such exemption is intended to balance confidentiality with accountability and entrepreneurial utility by exempting proprietary or sensitive information but allowing publication of de-identified data in materials, reports, and statistics.

(3) Reports, summaries, statistics, and materials developed by the Office of Entrepreneurship in whole or in part with data, reports, records, resources, educational items, and other information or materials provided to the Office of Entrepreneurship may be made available to entrepreneurs, startups, scale-ups, state agencies, and entrepreneurial support organizations for the purposes set forth in this article.

(e) Once established, the Office of Entrepreneurship shall provide entrepreneurs, startups, and scale-ups with a response to inquiries or requests for assistance within its purview no later than 48 hours of receipt, or by the close of the next business day therefrom: Provided, That for inquiries or requests for assistance that objectively require a longer response time due to complexity or subject matter, the office shall provide an initial response with an estimate of the delivery date for the final response.

(f) A state agency may designate an individual as the point of contact for all inquiries by the Office of Entrepreneurship, along with that individual’s name, email address, and direct phone number.

(g) On or before November 1 of each year beginning two years after the creation of the Office of Entrepreneurship, and annually thereafter, the Office of Entrepreneurship shall provide a report to the Joint Standing Committee on Economic Development that includes:

(1) A summary of work accomplished in support of growing entrepreneurship in the state, which shall include a report on where West Virginia falls in national entrepreneurial and startup rankings, a comparison of peer states based on population and geography, and identification of drivers of performance;

(2) A summary of events hosted and attended to promote entrepreneurship and business growth in collaboration with state agencies and entrepreneurial support organizations;

(3) The number of startups and other relevant business organizations with associated data regarding their operations, activities, and likelihood of viability in the state;

(4) Policy recommendations for improving entrepreneurship in the state, including identifying regional challenges to entrepreneurship and solutions to increase the viability of startups in the state in coordination with state agencies and entrepreneurial support organizations; and

(5) Any additional information deemed necessary to provide an accurate depiction of the condition of entrepreneurship in the state.

(h) The Office of Entrepreneurship shall develop a first-year implementation plan outlining the intake, referral, and tracking processes with the assistance of government and non-government entities including, but not limited to, the Small Business Development Center, West Virginia One Stop Business Center, and entrepreneurial support organizations.

(i) The Office of Entrepreneurship created herein is intended to fulfill a complimentary role to existing state agencies and nothing in this article shall be construed to duplicate or supplant existing statutory duties or responsibilities of any state agency.

§5B-2P-2. Office of Entrepreneurship Fund; appropriations; revenue generation; rule-making authorization.

(a) There is created in the State Treasury a special revenue account to be designated the West Virginia Office of Entrepreneurship Fund administered by the Secretary of State. Expenditures from the fund are to be made in accordance with the purposes provided in this article.

(b) The Office of Entrepreneurship is authorized to design and offer events, publications, products, programs, and services at reasonable fees to generate revenue to fund the activities of the Office of Entrepreneurship: Provided, That government liaison services shall remain available to all entrepreneurs, startups, and scale-ups at no cost.

(c) The Secretary of State may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this article.

§5B-2P-3. Recharge West Virginia Program established.

(a) There is hereby created the Recharge West Virginia Program, to be administered by the Division of Economic Development, to facilitate the upskilling of West Virginia workers; support companies that invest in upskilling their workforces; and recognize and reward companies that train, retain, and advance talent from within.

(b) In any fiscal year in which the Legislature appropriates money for the program, the division may, in accordance with the provisions of this article, reimburse a qualifying employer for the costs of providing upskilling training to an eligible employee who obtains an upskill credential and receives a qualifying wage increase: Provided, That a qualifying employer may not be reimbursed more than $10,000 for training provided to any individual employee: Provided, however, That no qualifying employer may receive more than $100,000 in any fiscal year pursuant to the provisions of this article.

(c) The division shall design an application form for qualifying employers to apply for an award for reimbursement. The application form shall contain all information that the division deems necessary to fulfill the provisions of this article.

(d) A qualified employer shall complete and submit the application form to be eligible for reimbursement. Each applicant shall include with its application the following:

(1) A proposed upskilling training plan;

(2) A detailed job description and salary range for the position targeted for training;

(3) Proof of the employee’s eligibility;

(4) Proof of the eligible employee’s current base wage;

(5) The anticipated average gross weekly wage the employee would receive upon completing the proposed upskilling training and obtaining an upskill credential; and

(6) Any other information or documents required by the division.

(e) An employer may participate in and receive reimbursements under both this program and the West Virginia Guaranteed Work Force Program established by §5B-2D-1 et seq. of this code, subject to the following limitations:

(1) No employer shall receive reimbursement under both programs for the same training expenditure;

(2) No training program or course for which reimbursement has been made, or for which reimbursement is sought, under one program shall be eligible for reimbursement under the other program for the same cost or portion thereof;

(3) As a condition of receiving reimbursement under this program, the employer shall certify, in a form provided by the division, that no claim for reimbursement has been or will be made under another state-funded reimbursement program for the same training expenditure; and

(4) If the division determines that an employer has received duplicate reimbursement in violation of this subsection, the employer shall repay the amount of the duplicate reimbursement, and may be subject to any additional penalties or remedies provided by law.

(f) Applications shall be evaluated by the division at the close of the application period, as determined by the division, and may not be awarded on a first-come, first-served basis. The division may make preliminary awards for reimbursement only after the application period has closed. The division shall evaluate all applications submitted by qualifying employers on a competitive basis using the following criteria:

(1) The pledged wage increase the employee will realize after obtaining the upskill credential in relation to the cost of obtaining the upskill credential;

(2) The level of economic distress in the qualifying employer’s region and the balance of awards made to the various regions of the state;

(3) The contribution made by the qualifying employer toward the cost of obtaining the upskill credential; and

(4) Employer actions relating to prior awards granted pursuant to this article and described in subsection (k) of this section.

(g) Upon the division determining to grant an employer a preliminary award for reimbursement, the division shall provide the employer with a training agreement, designed by the division, which shall serve as the formal grant agreement. An employer must sign and return this agreement to remain eligible to receive reimbursement.

(h) Upon being given a preliminary award for reimbursement under this section, each qualifying employer shall sponsor a current employee to obtain an upskill credential within six months of the preliminary award. A current employee shall not commence the process of obtaining the upskill credential until after a preliminary award has been made.

(i) To receive the reimbursement, the qualifying employer shall provide to the division proof of the following:

(1) The date on which the approved upskilling training began;

(2) The date on which the approved upskilling training ended;

(3) The upskill credential received by the employee;

(4) The total cost of providing the upskilling training to the eligible employee;

(5) The amount paid by the qualifying employer toward the cost of obtaining the upskill credential; and

(6) Payroll records verifying that the employee received a qualifying wage increase after obtaining the upskill credential.

(j) If the division is satisfied that the eligible employee has obtained the upskill credential and that all requirements of this section have been met, then the division shall grant the qualifying employer the reimbursement indicated in the preliminary award.

(k) For two years after the date on which a reimbursement award is received, the employer that has received reimbursement shall notify the division if the employer subsequently reduces the wages of the employee who had received the qualifying wage increase. The employer must explain, to the extent permitted by law, the reason for the wage reduction to the division. If the division determines that an employer has reduced wages without a legitimate justification, then the division may take that determination into consideration if that employer subsequently submits another application for reimbursement.

§5B-2P-4. Rulemaking.

(a) In order to effectuate the purposes of this article, the division shall promulgate procedural rules, interpretive rules, and legislative rules, including emergency rules, or any combination thereof in accordance with §29A-3-1 et seq. of this code.

(b) Within 90 days of the effective date of this article, the division shall promulgate emergency rules pursuant to the provisions of §29-3-15 of this code providing the following:

(1) Procedures and guidelines related to applying for awards of reimbursement;

(2) Explanations of the criteria to be considered when determining which applicants are selected to receive preliminary awards of reimbursement;

(3) Provisions governing the obligations of any party to a training agreement entered into pursuant to this article; and

(4) Any other provisions the division determines are necessary to implement the program.

§5B-2P-5. Record-keeping requirements and protections.

(a) Employers that receive an award pursuant to this article must retain the following records for a period of no less than five years and provide copies of the same to the department or the division upon request:

(1) A copy of the training curriculum;

(2) A copy of the certification or documentation for any specialized company training provided to the trainee;

(3) Documentation of training completion;

(4) Payroll records verifying that the employee has received a qualifying wage increase; and

(5) With regard to each eligible employee who receives upskilling training pursuant to the program:

(A) Employee’s name;

(B) Last four digits of employee’s social security number;

(C) Employee’s date of birth;

(D) Proof of employee’s eligibility;

(E) Employee’s hire date;

(F) Employee’s occupation and position;

(G) Name of training provided;

(H) Date on which training period started;

(I) Wage information for the six months immediately preceding commencement of the eligible training and the two months immediately succeeding completion of the eligible training; and

(J) Cost of training the employee.

(b) Records and information provided by an employer to the division or the department pursuant to the program are exempt from disclosure under §29B-1-1 et seq. of this code.