SB 402: Workforce Readiness and Opportunity Act - West Virginia

sb402 hfin am adopted.htm → sb402 hfin amt adopted.htm · 3 edits

MINOR

The bill was amended to replace the original text with a new version establishing the West Virginia Micro-Credential Program under the Higher Education Policy Commission. The change shifts the focus from a detailed mandate for creating a new program to a procedural step that formally titles the bill and moves it to the adopted stage.

Scope change

The substantive scope of the bill remains the creation of the Micro-Credential Program, but the legislative action changed from inserting new program rules to adopting a specific bill title.

REQUIREMENT

Removed the detailed statutory language establishing the program's standards, procedures, and specific duties for the Commission.

SCOPE

Added a motion to amend the bill's title to reflect the creation of the West Virginia Micro-Credential Program.

TECHNICAL

Changed the document status from 'Adopted' to 'Rejected' for the previous version and 'Adopted' for the new version.

Committee Substitute for the Committee Substitute → sb402 hfin am adopted.htm · 4 edits

MODERATE

The bill was amended to replace the original text with a new version that expands workforce development opportunities, creates a state Micro-Credential Program, and establishes a 'Voluntary Portable Benefits Plan' allowing independent contractors to receive benefits without creating an employer-employee relationship. The changes also modify tax credits for apprenticeships and simplify licensure requirements for military-trained applicants by removing the mandatory proficiency exam.

Scope change

The bill's scope expanded to include a new Micro-Credential Program under the Higher Education Policy Commission and a new portable benefits framework for independent contractors, while removing the requirement for military applicants to pass a proficiency exam.

SCOPE

Established a new West Virginia Micro-Credential Program to validate skills gained outside traditional classrooms, particularly for skilled trades.

ELIGIBILITY

Created a 'Voluntary Portable Benefits Plan' allowing hiring parties to contribute to benefits for independent contractors without risking employee reclassification.

REQUIREMENT

Removed the requirement for military-trained applicants to pass a proficiency examination to obtain professional licensure.

FISCAL

Adjusted apprenticeship tax credit parameters and added new tax modifications for contributions to portable benefits plans.

Committee Substitute → Committee Substitute for the Committee Substitute · 5 edits

MODERATE

This bill revision updates the legislative history and committee reporting dates, clarifies the capitalization of terms like 'chancellor' and 'armed forces', and standardizes the formatting of section headers. While the core policy provisions regarding micro-credentials, portable benefits, and military licensure remain substantively identical, the text now uses consistent lowercase for section titles and proper nouns, likely to align with final legislative style requirements.

Scope change

The scope of the bill's applicability and policy intent remains unchanged; no new programs, tax rates, or eligibility criteria were added or removed.

TECHNICAL

Updated the reported date from January 28 to February 20 and changed the committee from Workforce to Finance.

Standardized section headers to use lowercase for words like 'legislative findings' and 'employment classification'.

Corrected capitalization in definitions, changing 'Armed Forces' to 'armed forces' and 'West Virginia National Guard' to 'Army National Guard'/'Air National Guard'.

Changed the reference to the rule-making authority from §29A-3-1 to §29A-3A-1.

Adjusted the capitalization of 'chancellor' to lowercase in the Micro-Credential Program section.

Enrolled Version → Committee Substitute · 5 edits

MODERATE

The bill was revised to expand its scope from a single micro-credential program to a comprehensive workforce initiative including apprenticeship tax credits, portable benefits for independent contractors, and streamlined licensure for military-trained applicants. The text was also corrected to remove procedural notes and formatting errors from the original enrolled version.

Scope change

The bill's scope significantly expanded to include new tax credits for apprenticeships, a new portable benefits system for independent contractors, and revised licensure rules for military applicants, in addition to the original micro-credential program.

FISCAL

Added a tax credit for apprenticeship training programs, allowing taxpayers to claim up to $2 per hour worked by an apprentice, capped at $2,000 or 50% of wages paid.

ELIGIBILITY

Created a new system allowing hiring parties to contribute to portable benefits plans for independent contractors without creating an employer-employee relationship.

REQUIREMENT

Revised military licensure requirements to allow applicants to bypass proficiency exams if they meet specific experience criteria, and clarified that withholding funds for benefits cannot be used to reclassify workers as employees.

DEFINITION

Added specific definitions for 'hiring party,' 'independent contractor,' and 'portable benefit plan' to support the new benefits legislation.

TECHNICAL

Corrected the bill title and description to reflect the expanded scope and removed administrative certification text.

Introduced Version → Enrolled Version · 6 edits · Apr 1, 2026

MODERATE

The bill was finalized by shifting the West Virginia Micro-Credential Program from the Department of Commerce to the West Virginia Higher Education Policy Commission, expanding its scope to include state institutions of higher education and specific industries like construction and energy. The apprenticeship tax credit was updated to apply to all registered apprentices regardless of trade, and the portable benefits plan was strengthened to explicitly protect independent contractors from being reclassified as employees. Additionally, military-trained applicants are now exempt from proficiency exams unless specific good cause is shown, and the bill includes formal certification and signing blocks to confirm its final status.

Scope change

The program's administrative authority shifted from the Department of Commerce to the Higher Education Policy Commission, and the definition of eligible industries for micro-credentials was expanded to include construction, manufacturing, and energy. The portable benefits plan now explicitly excludes contributions from employment classification determinations.

SCOPE

The West Virginia Micro-Credential Program was moved from the Department of Commerce to the West Virginia Higher Education Policy Commission.

The Micro-Credential Program now explicitly includes state institutions of higher education and prioritizes industries such as construction, manufacturing, and energy.

FISCAL

The apprenticeship tax credit was expanded to apply to all registered apprentices in any qualified program, removing the previous restriction to only construction trades.

ELIGIBILITY

The portable benefits plan was amended to explicitly state that contributions cannot be used to determine employment classification or create an employer-employee relationship.

Military-trained applicants are now exempt from proficiency examinations unless a board establishes good cause for a specific individual.

TECHNICAL

Formal certification blocks for Senate and House Clerks and signatures for the President of the Senate, Speaker of the House, and Governor were added to finalize the bill.

Workforce Readiness and Opportunity Act

What changed between versions

How they voted

Actions timeline

Sponsors