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WV HB3107
Bill
Status
3/4/2025
Primary Sponsor
Mark Dean
Click for details
AI Summary
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Creates the West Virginia State Black Lung Program to provide pain and suffering benefits for occupational pneumoconiosis (black lung disease), separate from total disability awards or federal black lung benefits
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Establishes a conclusive presumption of black lung entitlement for miners with 10 years of dust exposure during the 15 years immediately preceding their last exposure, combined with a chronic respiratory disability
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Sets monthly benefits at $200 for 15 years of exposure, plus an additional $15 per month for each year beyond 15 years, with 1,000 hours of work counting as a full work year
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Imposes an additional severance tax equal to one-tenth of existing taxes on coal, natural gas, oil extraction, and electricity generation from wind or solar devices, with revenue deposited into a new State Black Lung Fund
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Allows claimants to claim benefits received as a credit against state personal income tax and directs the Governor and Legislature to work with other coal-producing states to recoup federal coal excise taxes
Legislative Description
Creating WV Black Lung Program
Workers Compensation
Last Action
To House Health and Human Resources
3/4/2025