West Virginia Code § 33-61-8

Initial capital and surplus
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(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 Enuvironmental Protection
Mining Mutual Insurance Company Fund: Provided, That the funds shall not be transferred
from the existing Special Reclamation Fund. t
(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 describled in subsection (b) of this section to be
transferred to the Mining Mutual to be used ass 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.

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