West Virginia 2022 Regular Session Status: Enacted 3 R cosponsors

SB 1 — Creating Mining Mutual Insurance Company

Last action — Chapter 157, Acts, Regular Session, 2022

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2022. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    1 primary, 8 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

366 added · 21 removed

Plain-language change summary

The recent amendment to Bill SB 1 clarifies that it specifically applies to the Mining Mutual Insurance Company and highlights the financial challenges faced by the coal industry in West Virginia. It now emphasizes the necessity for an alternative insurance provider to support the state's coal mining bonding system, as the current system is under strain. These changes are important because they aim to ensure that coal mining permit holders can meet their financial obligations without facing excessive hardships, ultimately stabilizing the industry and protecting state funds.

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SB1 H FIN AM #1 Akers 3254   The Committee on Finance moves to amend the bill on page 2, section 2, beginning on line 30, after the word “in” by striking the words “managing the actual and potential liability of the state to the private sector and”;
SB 1 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
On page 4, section 4, on line 17, after the word “code” and before the period by inserting the words “to the extent applicable”;
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
On page 4, section 5, on line 4, after the first word “and” by inserting the words “all of”;
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 1 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
On page 4, section 5, on line 4, after the word “this” by striking the words “chapter and chapter 31 of this”;
Green = existing Code.
And;
Red = new code to be enacted WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Senate Bill 1 By Senators Blair (Mr.
On page 8, section 10, on line 2, after the number “31” and before the “and” by inserting a comma and the following “31D, 31E,”.
President), Baldwin, Jeffries, Stollings, Hamilton, Lindsay, Woodrum, Plymale, and Takubo [Passed March 12, 2022;
  Adopted Rejected
in effect from passage] AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-61-1, §33-61-2, §33-61-3, §33-61-4, §33-61-5, §33-61-6, §33-61-7, §33-61-8, §33-61-9, and §33-61-10, all relating to creating the Mining Mutual Insurance Company;
providing for the scope of the company;
providing for findings and a purpose for the company;
creating definitions;
laying out the authorization for the company, as well as establishing requirements and limitations for the company;
providing for governance and organization of the company;
providing for management and administration of the company;
creating an application for licensure with the company and establishing the authority of the commissioner;
providing for initial capital and surplus;
authorizing types of coverage and definition discretionary participation in the company;
and setting forth applicable law.
Be it enacted by the Legislature of West Virginia:
ARTICLE 61.
mining mutual insurance company.
§33-61-1.
Scope.
This article applies only to the Mining Mutual Insurance Company created pursuant to this article.
§33-61-2.
Findings and purpose.
(a) The Legislature finds that:
(1) There has been a nationwide downturn in the coal mining industry which was especially difficult in West Virginia;
(2) Coal mining permit holders across the state have faced economic circumstances that forced many of them into difficult financial situations;
(3) Insolvent permit holders may be unable to continue operations, thus jeopardizing their ability to properly reclaim lands as required under §22-3-1 et seq.
of this code;
(4) Any shortfall would be paid from the state’s Special Reclamation Fund which could become strained if the coal industry and/ or reclamation surety bond providers would experience unforeseen circumstances;
(5) An increase in bonding amounts would cause undue financial hardships and coal mining permit holders in West Virginia may find it increasingly difficult to comply with the financial assurance provisions of §22-3-1 et seq.
of this code;
(6) The difficulty or impossibility of obtaining private performance bonds on reasonable economic terms may result in challenges for operators to receive new coal-mining permits;
(7) Having a robust guarantee of proper reclamation of mining operations is of utmost importance to the citizens of West Virginia;
(8) A mechanism is needed for an alternative provider in the state’s current coal mining bonding system to provide for additional coverage and further bolster an efficient and effective method of complying with the reclamation requirements and the financial assurance provisions of §22-3-1 et seq.
of this code;
(9) A state assisted mutual insurance company or a similar entity has proven to be a successful mechanism in West Virginia for helping stabilize certain insurance markets such as medical professional liability and worker compensation;
(10) There is a substantial public interest in creating a method to provide an enhanced mining reclamation performance bond insurance market in this state;
(11) The state currently funds reclamation at former coal-mining sites, where the bond has been forfeited, through a combination of bond proceeds and, if needed, moneys from the Special Reclamation Fund as approved by the Surface Mining Control and Reclamation Act;
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(12) There is substantial public benefit in maintaining a stable self-sufficient entity which can be a source of performance bond insurance coverage for permit holders in this state;
(13) A stable, financially viable insurer in the private sector will provide a continuing source of insurance funds to accomplish reclamation as needed to protect the environment of the state;
and (14) Because the public will greatly benefit from the formation of a Mining Mutual Insurance Company, state efforts to encourage and support the formation of such an entity, including providing a loan of the entity's initial capital, is in the clear public interest.
(b) The purpose of this article is to create a mechanism for the formation of a mining mutual insurance company that will provide:
(1) An option for mining permit holders to obtain performance bond insurance that is available and affordable;
and (2) Assure that reclamation will occur in a timely and predictable fashion in those instances where a permit holder fails to perform under the terms of the permit issued pursuant to §22-3-1 et seq.
of this code.
§33-61-3.
Definitions.
For purposes of this article, the term:
“Commissioner” means the Insurance Commissioner as provided in §33-2-1 of this code.
“Company” means the Mining Mutual Insurance Company created pursuant to the terms of this article.
“Operator” has the same meaning as provided in §22-3-3 of this code and means any person who is granted or who should obtain a permit to engage in any activity covered by §22-3-1, et seq.
of this code and any rule promulgated pursuant thereto and includes any person who engages in surface mining or surface mining and reclamation operations, or both.
The term shall also be construed in a manner consistent with the federal program pursuant to the federal Surface Mining Control and Reclamation Act of 1977, as amended.
§33-61-4.
Authorization for creation of company;
requirements and limitations.
(a) A Mining Mutual Insurance Company may be created as a domestic, private, nonstock corporation in this state.
The company shall remain for the duration of its existence a domestic mutual insurance company owned by its policyholders and may not be converted into a stock corporation or any other entity not owned by its policyholders.
(b) For the duration of its existence, the company shall not be considered a department, unit, agency, or instrumentality of this state for any purpose.
All debts, claims, obligations, and liabilities of the company, whenever incurred, are the debts, claims, obligations, and liabilities of the company only and not of this state or of any department, unit, agency, instrumentality, officer, or employee of this state.
(c) The moneys of the company shall not be considered part of the General Revenue Fund of the state.
The debts, claims, obligations, and liabilities of the company are not and may not be considered a debt of the state or a pledge of the credit of the state.
(d) The company is not subject to provisions of §6-9A-1 et seq.
of this code or the provisions of §29B-1-1, et seq.
of this code.
(e) All premiums collected by the company are subject to the premium taxes, additional premium taxes, additional fire and casualty insurance premium taxes and surcharges contained in §33-3-14, §33-3-14a, §33-3-14d, and §33-3-33 of this code to the extent applicable.
§33-61-5.
Governance and organization.
(a) The company shall initially be governed by a provisional board of directors consisting of five directors.
The provisional board shall act as the incorporators of the company and shall prepare and file articles of incorporation and bylaws in accordance with the provisions of this article and all of the provisions of this code.
The provisional board of directors shall be appointed as follows:
(1)  The chair shall be appointed by the Governor.
The chair shall be an individual with at least five years’ experience as a CEO and board member of a mutual insurance company.
(2)  One member of the board shall be selected by the Secretary of the Department of Environmental Protection.
This provisional board member shall have extensive experience in environmental management and shall have at least five years’ experience in coal mine reclamation.
(3)  One member of the provisional board shall be selected by the Insurance Commissioner.
This provisional board member shall have insurance experience and shall have served at least five years as an officer of a board of directors of a mutual insurance company.
(4)  One member of the provisional board shall be selected by the President of the Senate.
This provisional board member shall have experience in coal mine operations, reclamation, and land management.
(5)  One member of the provisional board shall be selected by the Speaker of the House of Delegates.
This provisional board member shall have experience in coal mine operations, reclamation, and land management.
(b) Upon the filing of the company’s articles of incorporation and bylaws, the directors and officers of the company are to be chosen in accordance with such articles of incorporation and bylaws:
Provided, That the company’s articles of incorporation and bylaws shall specifically state that the terms of boards members shall be as follows:
(1) Two members shall be for a term of four years;
(2) one member shall be for a term of three years;
(3) one member shall be for a term of two years;
and (4) one member shall be for a term of one year.
Thereafter, the directors shall serve staggered terms of four years.
If additional directors are added to the board as provided in the company’s bylaws, the term shall be for four years.
§33-61-6.
Management and administration of the company.
(a) If the company's board of directors determines that the affairs of the company may be administered suitably and efficiently, the company may enter into a contract with a licensed insurer, licensed health service plan, insurance service organization, third-party administrator, insurance brokerage firm or other firm or company with suitable qualifications and experience to administer some or all of the affairs of the company, subject to the continuing direction of the board of directors as required by the articles of incorporation and bylaws of the company, and the contract.
All such contracts shall be awarded by competitive bidding.
(b) The company shall file a true copy of the contract with the commissioner.
§33-61-7.
Application for license;
authority of commissioner.
(a) As soon as practical, the company established pursuant to the provisions of this article shall file its corporate charter and bylaws with the commissioner and apply for a license to transact insurance in this state.
Notwithstanding any other provision of this code, the commissioner shall act on the documents within 15 days of the filing by the company.
(b) The Legislature authorizes the commissioner to review the documentation submitted by the company and to determine the initial capital and surplus requirements of the company, notwithstanding the provisions of §33-3-5b of this code.
The commissioner has the sole discretion to determine the capital and surplus funds of the company and to monitor the economic viability of the company during its initial operation and duration on not less than a monthly basis.
The company shall furnish the commissioner with all information and cooperate in all respects necessary for the commissioner to perform the duties set forth in this section and in other provisions of this chapter, including annual audited financial statements required by §33-33-1 et seq.
of this code and fidelity bond coverage for each of the directors of the company.
(c) Subject to the provisions of subsection (d) of this section, the commissioner may waive other requirements imposed on mutual insurance companies by the provisions of this chapter as the commissioner determines is necessary to enable the company to begin issuing performance bonds in this state at the earliest possible date.
(d) Within 40 months of the date of the issuance of its license to transact insurance, the company shall comply with the capital and surplus requirements set forth in §33-3-5b of this code.
§33-61-8.
Initial capital and surplus.
(a) There is hereby created in the State Treasury a special revenue account designated as the Department of Environmental Protection Mining Mutual Insurance Company Fund solely for the purpose of receiving moneys transferred from various funds at the Department of Environmental Protection.
(b) As soon as practical, but within 30 days of the effective date of this act, the Treasurer shall, with the full cooperation of the Department of Environmental Protection, cause the transfer of $50,000,000 from such funds as the Secretary of the Department of Environmental Protection shall specify into the Department of Environmental Protection Mining Mutual Insurance Company Fund:
Provided, That the funds shall not be transferred from the existing Special Reclamation Fund.
(c) As soon as practical, but within 30 days of the transfer described in subsection (b) of this section, the Treasurer shall cause the funds in the Department of Environmental Protection Mining Mutual Insurance Company Fund as described in subsection (b) of this section to be transferred to the Mining Mutual to be used as initial capital and surplus in the form of a Surplus Note.  These funds shall be deemed a noninterest loan and shall be paid back as credits as reclamation activities are accomplished.
(d) As soon as practical, but within 30 days of gaining any necessary approvals, including specific approval of the Insurance Commissioner, the Treasurer shall, with the full cooperation of the Department of Environmental Protection, cause the transfer of such other funds as may, from time to time, be needed for capital by the Mining Mutual Insurance Company from such funds as the Secretary of the Department of Environmental Protection shall specify into the Department of Environmental Protection Mining Mutual Insurance Company Fund:
Provided, That the funds shall not be transferred from the existing Special Reclamation Fund.
Such funds may or may not be from special grants or other funding mechanisms from the federal government.
(e) As soon as practical, but within 30 days of the transfer described in subsection (d) of this section, the Treasurer shall cause the funds in the Department of Environmental Protection Mining Mutual Insurance Company Fund as described in subsection (d) of this section to be transferred to the Mining Mutual to be used as capital and surplus in the form of a Surplus Note.  These funds shall be deemed a noninterest loan and shall be paid back as credits as reclamation activities are accomplished.
§33-61-9.
Types of coverage authorized;
discretionary participation.
(a) Upon approval by the commissioner for a license to transact insurance in this state, the company may issue nonassessable policies of performance bonds.
(b) Operators may procure nonassessable policies of performance bonds from the company or other allowable providers to satisfy the requirements of §22-3-11 of this code.
(c) Nothing in this article shall require compulsory participation in purchasing bonds from the company by operators.
§33-61-10.
Applicable law.
To the extent applicable, and when not in conflict with the provisions of this article, the provisions of chapters 31, 31D, 31E, and 33 of this code apply to the company created pursuant to the provisions of this article.
If a provision of this article and another provision of this code are in conflict, the provision of this article controls.
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Action History

  1. Chapter 157, Acts, Regular Session, 2022

  2. Approved by Governor 3/28/22

  3. To Governor 3/17/2022

  4. Approved by Governor 3/28/22 - Senate Journal

  5. Approved by Governor 3/28/22 - House Journal

  6. To Governor 3/17/22 - House Journal

  7. To Governor 3/17/2022 - Senate Journal

  8. Completed legislative action

  9. Communicated to House

  10. Effective from passage (Roll No. 482)

  11. Senate concurred in House amendments and passed bill (Roll No. 482)

  12. House Message received

  13. Communicated to Senate

  14. Effective from passage (Roll No. 547)

  15. Passed House (Roll No. 546)

  16. Read 3rd time

  17. Amendment rejected (Roll No. 545)

  18. Amendment rejected (Roll No. 544)

  19. Committee amendment adopted (Voice vote)

  20. On 3rd reading with right to amend, Special Calendar

  21. Postponed on 3rd reading, Special Calendar, until 3/11/22

  22. On 3rd reading with right to amend, Special Calendar

  23. Amendments pending

  24. Read 2nd time

  25. On 2nd reading, Special Calendar

  26. Read 1st time

  27. On 1st reading, Special Calendar

  28. With amendment, do pass

  29. To House Finance

  30. Do pass, but first to Finance

  31. To House Energy and Manufacturing

  32. To Energy and Manufacturing then Finance

  33. Introduced in House

  34. Ordered to House

  35. Effective from passage (Roll No. 47)

  36. Passed Senate (Roll No. 47)

  37. Read 3rd time

  38. On 3rd reading

  39. Read 2nd time

  40. On 2nd reading

  41. Read 1st time

  42. On 1st reading

  43. Reported do pass

  44. To Finance

  45. Introduced in Senate

  46. To Finance

  47. Filed for introduction

Sponsors

  • Tom Takubo · Cosponsor
  • Plymale · Cosponsor
  • Jack Woodrum · Cosponsor
  • Lindsay · Cosponsor
  • Bill Hamilton · Cosponsor
  • Stollings · Cosponsor
  • Jeffries · Cosponsor
  • Baldwin · Cosponsor
  • Blair · Primary

Sponsorship breakdown

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1 sponsors · 8 co-sponsors · 143 not signed on

Sponsors (1)

  • Blair

Co-sponsors (8)

Not signed on (143)

143 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 32 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 9001
Unaffiliated 22001
Democrat 1000
Total 32002
% of votes cast 94%0%0%6%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
STOLLINGS — Yea
BALDWIN — Yea
MARONEY — Yea
STOVER — Not Voting
BEACH — Yea
MARTIN — Yea
SWOPE — Yea
BOLEY — Yea
MAYNARD — Yea
SYPOLT — Yea
BROWN — Yea
NELSON — Yea
CAPUTO — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
GEFFERT — Yea
ROMANO — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Bill Hamilton Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Mike Azinger Republican Yea
Patricia Rucker Republican Not Voting
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea

Official roll call →

Subjects

agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1?
SB 1 is sponsored by Tom Takubo (Republican), Plymale, Jack Woodrum (Republican), Lindsay, Bill Hamilton (Republican), Stollings, Jeffries, Baldwin, and Blair.
What is the current status of SB 1?
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Where can I track SB 1?
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