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The West Virginia Pro-Entrepreneurship & AI Workforce Act (WV-AI-Workforce)

West Virginia state companion to the AI Workforce Act. Extends WV One Stop Business Portal, the WV Department of Economic Development, and W. Va. Code Ch. 11 Art. 13D R&D-style credit infrastructure.

THE WEST VIRGINIA PRO-ENTREPRENEURSHIP & AI WORKFORCE ACT (WV-AI-WORKFORCE)

Vehicle: State passage. West Virginia Legislature, regular session. Primary referral to House / Senate Finance; commerce provisions to House / Senate Government Organization.

SECTION 1. SHORT TITLE

This Act may be cited as the “West Virginia Pro-Entrepreneurship & AI Workforce Act (WV-AI-Workforce).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that West Virginia operates the WV One Stop Business Portal through the Secretary of State under W. Va. Code Ch. 31D (Business Corporation Act) and Ch. 31B (Uniform LLC Act); that the WV Department of Economic Development administers economic-development programs under W. Va. Code Ch. 5B; that W. Va. Code Ch. 11 Art. 13 provides tax credits including historical R&D-style credit provisions; that WVWF administers Individual Training Accounts; and that general commercial law governs data handling. This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH WEST VIRGINIA LAW

Sec. 101. Definitions

  1. (a) “Qualified AI startup” means a WV-formed entity under W. Va. Code Ch. 31B or Ch. 31D whose principal business is AI-related software or services, with fewer than 50 FTE employees at claim.
  2. (b) “AI-displaced worker” means a WV-domiciled worker with AI-driven separation.
  3. (c) “WVWF provider” means a provider on the WV ETPL.

Sec. 102. Coordination with Existing West Virginia Law

  1. (a) Consistent with:
  • W. Va. Code Ch. 31B (Uniform LLC Act); Ch. 31D (Business Corporation Act).
  • W. Va. Code Ch. 11 Art. 13 (tax credits) and associated credit articles.
  • W. Va. Code Ch. 5B (Department of Economic Development).
  • W. Va. Code Ch. 21A (WVWF).
  • W. Va. Code Ch. 18 (K-12) and Ch. 18B (higher education).

TITLE II — STATE BUSINESS-FORMATION REFORM

Sec. 201. Secretary of State Business-Formation Streamlining

  1. (a) Same-business-day formation pathway for domestic LLCs under Ch. 31B and corporations under Ch. 31D through the WV One Stop Business Portal.
  2. (b) Machine-readable API within 12 months.

Sec. 202. One-Stop West Virginia Business Portal

  1. (a) The Secretary of State, WV Department of Economic Development, WV State Tax Department, and WVWF shall integrate entity formation, tax registration, unemployment registration, and WVWF Employer of Record registration through the existing One Stop Business Portal.

TITLE III — WEST VIRGINIA AI WORKFORCE TRANSITION

Sec. 301. AI Workforce Transition Accounts

  1. (a) An AI-displaced worker may establish an Account at a WVWF Local Workforce Development Board under W. Va. Code Ch. 21A to pay tuition to a WVWF provider for reskilling to a WVRMC under WV-ACSA Sec. 201 or Federal FRAC.
  2. (b) Funding through state appropriations and WV’s allocation of Federal workforce funds under 29 U.S.C. Sec. 3161 et seq.

Sec. 302. WVWF Integration

  1. (a) Administered through existing Local Workforce Development Boards.
  2. (b) Administrative overhead not to exceed 10 percent.

TITLE IV — WEST VIRGINIA AI ENTREPRENEURSHIP INCENTIVES

Sec. 401. West Virginia AI-Startup Tax Incentive

  1. (a) A qualified AI startup may claim a credit under W. Va. Code Ch. 11 Art. 13 for qualified in-State R&D expenditures, subject to annual cap.
  2. (b) WV State Tax Department administers consistent with existing credit mechanics.

Sec. 402. Capital Access via Department of Economic Development

  1. (a) WV Department of Economic Development is authorized to prioritize qualified AI startups under existing programs under W. Va. Code Ch. 5B.
  2. (b) No expansion beyond appropriated amounts.

TITLE V — K-12 & POSTSECONDARY AI FLUENCY

Sec. 501. K-12 AI-Fluency Curriculum Option

  1. (a) The WV Board of Education, consistent with W. Va. Code Ch. 18 and the WV college- and career-readiness standards, shall approve optional AI-fluency curriculum packages.
  2. (b) Optional.

Sec. 502. Community & Technical College and University AI-Fluency Programs

  1. (a) Institutions under the Council for Community and Technical College Education and HEPC may offer AI-fluency certificate programs aligning with the WVRMC Registry.

TITLE VI — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 601. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 602. Effective Date

This Act shall take effect July 1 of the year following enactment.

Canonical federal version: AI Workforce. Other West Virginia bills: WV-ACSA, WV-MEWRA, WV-GT&P.