H. B. 4577

         (By Delegates Armstead, Mr. Speaker (Mr. Miley),

            Skaff, Anderson, Ashley, Border, Ellington,

               Hamrick, Miller, Shott and Walters)

         [Introduced February 14, 2014; referred to the

Committee on Small Business, Entrepreneurship and Economic Development then Finance.]

A BILL to amend and reenact §5B-2-5 of the Code of West Virginia, 1931, as amended, relating to providing assistance to small businesses by the West Virginia Development office; providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals desiring to establish and maintain a small business; and duties and services to be provided.

Be it enacted by the Legislature of West Virginia:

    That §5B-2-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.

§5B-2-5. Economic development representatives.

    (a) The director may employ economic development representatives to be paid a base salary within legislative appropriations to the West Virginia Development Office, subject to provisions set forth by the council in its reorganization plan and applicable contract provisions pursuant to section four of this article. Economic development representatives may receive performance-based incentives and expenses paid from private funds from a nonprofit corporation contracting with the West Virginia Development Office pursuant to the provisions of section four of this article. The director shall establish job descriptions and responsibilities of economic development representatives, subject to the provisions of any contract with a nonprofit corporation entered into pursuant to section four of this article.

    (b) Notwithstanding any provision of this code to the contrary, economic development representatives employed within the West Virginia Development Office are not subject to the procedures and protections provided by articles six and six-a, chapter twenty-nine of this code. Any employee of the West Virginia Development Office on the effective date of this article who applies for employment as an economic development representative is not entitled to the protections of article six, chapter twenty-nine with respect to hiring procedures and qualifications; and upon accepting employment as an economic development representative, the employee relinquishes the protections provided for in article two, chapter six-c and article six, chapter twenty-nine of this code.

    (c) The director shall assign one or more economic development representatives to serve as Small Business Allies. Small business Allies shall serve as facilitators to assist small businesses and individuals desiring to create and operate a small business including the following:

    (1) Identifying and completing forms and applications required for licensure by or registration with all applicable government entities;

    (2) Identifying and applying for loans, grants or other funding sources available to assist and finance small business entities;

    (3) Assisting with incorporation, formation, registration and filing requirements of small business entities;

    (4) Identifying governmental registration and licensure requirements applicable to the specific small business entity; and

    (5) Addressing inquiries, requests for assistance and other issues raised by other governmental agencies that have jurisdiction or regulatory authority over small businesses or are assisting a particular small business.

    NOTE: The purpose of this bill is to provide assistance to small businesses by the West Virginia Development office. The bill provides for the assignment of economic development office representatives to serve as Small Business Allies to act as facilitators to assist small business entities and individuals desiring to establish and maintain a small business; and duties and services to be provided.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.