SB 651
Creating WV Black Lung Program
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill establishes the West Virginia Black Lung Program to provide benefits to coal miners diagnosed with occupational pneumoconiosis (black lung). It creates a state fund to cover these benefits and proposes a new tax on coal and electricity generation to support the program. The bill also includes a provision for pain and suffering benefits, establishing a 10-year exposure threshold as a conclusive presumption of entitlement to these benefits, and a tax credit for recipients.
Key provisions
- Creates the West Virginia State Black Lung Program.
- Establishes a presumption of entitlement to pain and suffering benefits for miners with 10 years of exposure to coal dust.
- Sets a 15-year exposure period as a conclusive presumption for establishing entitlement to monetary benefits.
- Provides for a monthly benefit payment of $200, with increases for each year of exposure beyond 15 years.
- Imposes an additional tax on coal severance and electricity generation to fund the program.
- Requires the Governor and Legislature to work with other states to recoup federal excise taxes on coal.
- Allows claimants to claim benefits as a credit against their state personal income tax.
- The Insurance Commissioner will propose rules for implementation.
Who is affected
- Coal miners
- Families of deceased coal miners
- The State of West Virginia
- Taxpayers (through increased taxes)
- The Insurance and Tax Commissioner
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