Merit Institute Merit

The West Virginia Merit-Based Credentialing Act (WV-ACSA)

West Virginia state companion to ACSA. Extends the WV Workforce framework, universal occupational-licensure recognition under W. Va. Code Ch. 30 Art. 1, and the W. Va. Code Title 11 tax-credit regime.

THE WEST VIRGINIA MERIT-BASED CREDENTIALING ACT (WV-ACSA)

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

SECTION 1. SHORT TITLE

This Act may be cited as the “West Virginia Merit-Based Credentialing Act (WV-ACSA).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that West Virginia enacted universal occupational-licensure recognition for qualified applicants under W. Va. Code Ch. 30 Art. 1 and related provisions; that WorkForce West Virginia (WVWF) operates workforce services under W. Va. Code Ch. 21A; that the Higher Education Policy Commission (HEPC) and the Council for Community and Technical College Education operate under W. Va. Code Ch. 18B; that W. Va. Code Ch. 11 Art. 13 provides tax credits; that West Virginia operates the WV Invests Grant under W. Va. Code Sec. 18C-7-1 et seq.; and that WV publishes school-accountability measures under the West Virginia Balanced Scorecard framework. This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH WEST VIRGINIA LAW

Sec. 101. Definitions

  1. (a) “West Virginia Recognized Merit Credential” or “WVRMC” means a competency-based credential designated by the HEPC Chancellor in coordination with WVWF under Sec. 201.
  2. (b) “Federal FRAC” means a Federally Recognized Alternative Credential under Section 202 of the federal ACSA.
  3. (c) “WVWF industry credential” means a credential recognized by WorkForce West Virginia.
  4. (d) “Covered State licensing authority” means an agency issuing an occupational license under W. Va. Code Ch. 30.

Sec. 102. Coordination with Existing West Virginia Law

  1. (a) Consistent with:
  • W. Va. Code Ch. 30 Art. 1 (professions and occupations; universal recognition).
  • W. Va. Code Ch. 18B (HEPC; community and technical colleges).
  • W. Va. Code Ch. 21A (WVWF).
  • W. Va. Code Ch. 11 Art. 13 (tax credits); Ch. 11 Art. 13D (R&D credit provisions where applicable).
  • W. Va. Code Sec. 18C-7-1 et seq. (WV Invests Grant).
  • W. Va. Code Ch. 29 Art. 6 (Division of Personnel; state employment).

TITLE II — WEST VIRGINIA RECOGNIZED MERIT CREDENTIALS

Sec. 201. Designation Authority

  1. (a) The HEPC Chancellor, in coordination with WVWF, shall maintain a West Virginia Recognized Merit Credentials registry (“WVRMC Registry”) in machine-readable form, updated at least annually, crosswalked to Federal FRAC.

Sec. 202. Degree-Optional State Employment

  1. (a) W. Va. Code Ch. 29 Art. 6 (Division of Personnel) shall be applied so that a WVRMC-holder satisfies any position qualification stated in terms of a college degree, unless expressly required by West Virginia statute.

TITLE III — TAX INCENTIVE FOR SKILLS-BASED HIRING

Sec. 301. West Virginia Skills-Based Hiring Tax Credit

  1. (a) A new credit is added to W. Va. Code Ch. 11 Art. 13 equal to a percentage of qualified first-year wages paid to a West Virginia-domiciled employee whose qualifying pathway is a WVRMC or Federal FRAC.
  2. (b) Coordinated with federal IRC Sec. 45AA; aggregate cap in the appropriations act.
  3. (c) WV State Tax Department administers consistent with existing credit mechanics.

TITLE IV — OCCUPATIONAL LICENSURE PORTABILITY

Sec. 401. Licensure by Demonstrated Competency

  1. (a) A covered State licensing authority shall provide a demonstrated-competency pathway accepting a WVRMC, Federal FRAC, or examination-plus-supervised-experience.

Sec. 402. Interstate Recognition for Federal-Fund Recipients

  1. (a) A covered State licensing authority receiving Federal workforce funds under 29 U.S.C. Sec. 3161 et seq. shall recognize out-of-state holders, consistent with Section 401 of the federal ACSA and W. Va. Code Ch. 30 Art. 1.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

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

Sec. 502. Effective Date

This Act shall take effect July 1 of the year following enactment, except that Sec. 301 shall apply to tax years beginning on or after January 1 of that year.

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