State miner's health coverage.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0050

ENROLLED ACT NO. 6, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to
the state miner's hospital board and account; modifying board membership requirements; modifying benefit eligibility requirements;

specifying that benefits from the miner's hospital account shall be paid
only
after other available benefits for covered conditions; modifying
and providing
definitions;
repealing obsolete provision;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 30
‑
6
‑
10
4
is created to read:

30
‑
6
‑
104
.

Requirements for obtaining
benefits.

(a)

To obtain benefits from the account, a person shall:

(i)

Be domiciled in Wyoming
on
the date of application for a benefit
;

(ii)

Make no claim of residency
in any other state, territory or country
for any other purpose
at the time of
application for a benefit
or at any time during receipt of a benefit
;

(iii)

Maintain
his domicile in Wyoming
at the time of
receipt of

the
benefit
;

(
i
v)

Provide to the board a copy of his current Wyoming driver's license, identification card issued by the Wyoming department of transportation, or
other identification satisfactory to establish his identity as specified in board rule
.

Section 2.

W.S. 30
‑
6
‑
101(a)(i) and (iii) and 30
‑
6
‑
102
(c), (d),
by creating a new subsection
(e)
and
by
amending and
renumbering
(e)
as (f)

are amended to read:

30
‑
6
‑
101.

State miner's hospital board.

(a)

The state miner's hospital board is created consisting of the following members:

(i)

One (1) member
resident

of
the

Sweetwater County
Memorial Hospital Board

appointed by a majority vote of the county commissioners
.

or

In making this appointment

th
e county commissioners shall appoint a
designee

if a

member of the

Sweetwater County Memorial Hospital Board
if a

member
cannot

of that board is willing and able to
serve;

(iii)

One (1) member
resident

of
the

Campbell County
Memorial Hospital Board

appointed by a majority vote of the county commissioners
.

or
In making this appointment

the county commissioners shall appoint a

designee if the a

member of the

Campbell County Memorial Hospital Board
if a

member

cannot
of that board is willing and able to

serve.

30
‑
6
‑
102.

Account created; expenditures; report.

(c)

Each biennium the board shall
, after consultation with the legislative oversight committee created pursuant to W.S. 30-6-103
,

recommend expenditures of any monies in the account created by subsection (a) of this section for purposes of addressing miner's health issues based upon the plan prepared by the board under subsection (b) of this section. The recommendations shall be reviewed by the joint appropriations interim committee and any recommendations from the committee shall be included in the budget for appropriation. Any recommendations shall require legislative appropriation to become effective.

(d)

Not later than December 1 of each year, the board shall report to the governor
, the legislative oversight committee created pursuant to W.S. 30
‑
6
‑
103

and the joint appropriations interim committee on the activities of the board including any recommendations made for expenditure of monies from the account created by subsection (a) of this section to address miner's health issues in this state.

(e)

Payment made
by the board from the account s
hall be payment of last resort
and the board shall reduce any benefit which would be provided under this section by
all other
public and private
sources
which are available to the miner for the disability or condition
.

(e)
(f)

As used in this section

and W.S. 30
‑
6
‑
10
4
:

(i)

"
Coal or other
M
ine" means an area of land from which minerals
, coal or
other
geological materials
are extracted and processed in nonliquid form or, if in liquid form, through an in situ leach process;

(ii)

"Miner" means a
current

resident of Wyoming who has worked in a mine in this state or a contiguous state who is or was employed at a
coal or other

mine or at a processing or conversion facility contiguous to the mine and dependent upon the output of that mine as feedstock
.

"Miner" shall include

the operator of
persons providing labor or services at

the mine or

plant
if the
operator works
qualifying processing or conversion facility

on a continuing

or irregular
and regular

basis

whether employed by the mine owner or operator or hired on a contract basis. "Miner" shall not include
persons providing labor or services
at the mine or qualifying processing or conversion facility
on an
occasional or incidental
basis
as defined by board rule
;

(iii)

"Mining" means coal mining, metal ore mining and nonmetallic mineral mining and quarrying. "Mining" includes coal, trona, bentonite, gypsum, sand and gravel and other stone and uranium mining
;
.

(i
v)

"Domicile" means that place where a person has his true, fixed and permanent home to which whenever the person is temporarily absent the person has the intention of returning. To prove domicile in Wyoming under this act a person shall be able to establish that he:

(A)

Physically resides in Wyoming;

(B)

Has made his permanent home in Wyoming;

(C)

Is not residing in Wyoming for a special or temporary purpose; and

(D)

Has abandoned his domicile in all other states, territories or countries.

(v)

"Resident" means a United States citizen or legal alien who meets
the requirements specified
in W.S. 30
‑
6
‑
10
4
.

Section 3.

W.S. 30
‑
6
‑
103 is
repealed
.

Section 4.

This act is effective July 1, 2014.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1