FISCAL NOTE

Date Requested: January 11, 2023
Time Requested: 10:15 PM
Agency: Insurance Commission
CBD Number: Version: Bill Number: Resolution Number:
1152 Introduced HB2454
CBD Subject:


FUND(S):

7152, 7162, 7173, 0480

Sources of Revenue:

General 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.


Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2023
Increase/Decrease
(use"-")
2024
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


House Bill 2454, if enacted, would create a new program and 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 of HB 2454. The OIC did note some technical issues with HB 2454. 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 benefit to be granted is a fixed amount and is to be paid in addition to any disability state or federal award. HB 2454 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: Melinda Kiss
    Email Address: Melinda.A.Kiss@wv.gov