SB 110
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 costs and includes provisions for pain and suffering compensation, a presumptive exposure standard of 10 years of mining experience, and a monthly benefit calculation based on years of exposure. The bill also proposes new taxes on severance and electricity generation to fund the program and requires cooperation with other states to recoup federal coal excise taxes.
Key provisions
- Creates the West Virginia Black Lung Program.
- Establishes a presumptive exposure standard of 10 years of mining experience for black lung.
- Grants entitlement for pain and suffering for occupational pneumoconiosis.
- Provides for a monthly benefit calculation based on years of exposure.
- Imposes an additional tax on severance and electricity generation to fund the program.
- Requires the Governor and Legislature to cooperate with other states to recoup federal coal excise taxes.
- The Insurance Commissioner will propose rules for implementation.
- A tax credit is available for benefits received.
Who is affected
- Coal miners and their families
- The State of West Virginia
- The Insurance Commissioner
- The Tax Commissioner
- Other coal-producing states
Notable changes
- Introduces a presumptive exposure standard of 10 years of mining experience, potentially lowering the bar for eligibility.
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