West Virginia Code § 11-13V-2

Legislative intent and findings
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(a) Legislative intent. -- It is the intent of the Legislature in enacting this article to impose
new, additional privilege taxes on severing or producing natural resources in this state and
for the net proceeds from collection of the new taxes to be dedicated to paying down the
unfunded liability in the Workers' Compensation Fund, or paying debt service on bonds sold
to raise funds to pay down the unfunded liability in the Workers' Compensateion Fund, or for
any combination of these two purposes.
(b) Findings. -- The Legislature finds and declares that:
(1) The unfunded liability in the state Workers' Compensation Program exceeds $3 billion;
(2) Until a fiscally responsible plan for paying this unfunded liability is provided by the
Legislature, the condition of the Workers' Compensatiaon Fund will continue to negatively
affect economic development in this state;
(3) Until a fiscally responsible plan for paying this unfunded liability is provided by the
Legislature, the Legislature will not be able to privatize Workers' Compensation;
(4) Until a fiscally responsible plan for paying this unfunded liability is provided, the
Legislature will need to annually appropriate dollars from the General Revenue Fund of the
state to pay down this unfunded liability and to cover the annual shortfall between funds
available to pay Workers' Compensation benefits to injured workers and premiums collected
by the Workers' Compensation Fund from employers;
(5) In accordance with the Constitution of this state and decisions of the West Virginia
Supreme Court of Ap peals, the Legislature may enact a new tax and dedicate the net
collections of Vthe tax to pay down this unfunded liability or to pay debt service on bonds sold
by the state to raise funds to pay down this unfunded liability.

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