FISCAL NOTE
Date Requested: January 12, 2024
Time Requested: 05:39 PM |
| Agency: |
Insurance Commission |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1197 |
Introduced |
SB326 |
|
|---|
| CBD Subject: |
Health |
|---|
|
FUND(S):
7152, 7162, 7173, 0480
Sources of Revenue:
Special Fund
Legislation creates:
Creates New Revenue, Increases Revenue From Existing Sources, Creates New Expense, Creates New Program, Creates New Fund: West Virginia Black Lung Program
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Senate Bill 326, if enacted, would create a new program and new Fund called the WV Black Lung Program, which would create entitlement benefits and a presumptive award for those benefits for occupational pneumoconiosis.
The Offices of the Insurance Commissioner is unable to estimate all of the potential cost to the State for SB326.
See the memorandum section of the fiscal note for additional information.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2024
Increase/Decrease
(use"-") |
2025
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
Memorandum
Senate Bill 326, if enacted, would create a new program and new Fund called the WV Black Lung Program, which would create entitlement benefits and a presumptive award for those benefits for occupational pneumoconiosis.
The Offices of the Insurance Commissioner is unable to estimate all of the potential cost to the State for SB326.
The OIC did note some technical issues with SB326.
ยง23-4D-2 grants the presumptive benefit to anyone who has worked in WV for a period of 10 years during the 15 years immediately preceding the DLE. The language does not limit the exposure to coal dust, so any type of minute dust particle would appear to qualify. The language does not limit the benefits to WV residents but would be available to anyone who has worked in WV for the above specified period of employment.
The benefit to be granted is a fixed amount and is to be paid in addition to any disability state or federal award. The bill appears to be retroactive in nature.
SB326 creates a new general revenue fund, but does not clearly identify who is to administer the Fund. The State Tax Department should be consulted regarding the increased severance taxes and the creation of the new taxes on energy producing activities.
Person submitting Fiscal Note: Rhonda Hartwell
Email Address: rhonda.c.hartwell@wv.gov