4 ports. The secretary of state shall also secure the copyright to 5 said index for the benefit of the state. The price to be received 6 for said index shall be ten dollars per volume. CHAPTER 148 (Senate Bill No. 274-Mr. Hunter.) AN ACT to amend and re-enact section four-a of chapter one hundred and sixty-three of the code relating to guards at the state penitentiary. [Passed April 26, 1921. In effect ninety days from passage. without the approval of the Governor.] Became a law SEC. 4-a. Board of control to appoint guards to carry firearms without state license; inconsistent acts repealed. Be it enacted by the Legislature of West Virginia That section four-a of chapter one hundred and sixty-three of the code be amended and re-enacted so as to read as follows: Section 4-a. The board of control shall appoint a sufficient 2 number of guards to preserve order and enforce discipline among 3 the convicts, to prevent escapes, and to remove all persons con4 victed and sentenced to the penitentiary from the place 5 where confined, all of whom shall be under the control 6 of the warden; but the number thereof shall not be in7 creased or diminished except upon the recommendation of 8 the warden. Any guard appointed by the board of 9 control, as herein provided, shall have the right to carry 10 firearms and concealed weapons while on duty and without 11 a state license therefor; and such right and privilege shall be 12 extended to him in traveling from place to place within the state 13 for the purpose of removing prisoners from county jails to the 14 penitentiary and pursuing and apprehending escaped convicts 15 and for any other matters within the line of his duty. Such 16 guard, so appointed, as aforesaid, shall carry with him a cer17 tificate of authority bearing the official signature of the warden. 18 of the state penitentiary. 19 All acts and parts of acts coming within the purview of this 20 act, or inconsistent herewith, are hereby repealed. CHAPTER 149 (Senate Bill No. 301-Mr. Bloch.) AN ACT to amend and re-enact section one of chapter twenty of the acts of the legislature of West Virginia of one thousand nine hundred and thirteen, being section seventy-six-b-one of chapter thirty-four, Barnes' code of West Virginia of one thousand nine hundred and eighteen, providing for the supervision of ratemaking associations. [Passed April 27, 1921. In effect ninety days from passage. Governor April 30, 1921.] SEC. 1. Rate making bureaus for insurance underwriters; to file agreement and certificate of incorporation with state insurance commissioner: to be subject to visitation and supervision of insurance commissioner or deputy; to make public and report result of examination to legislature; schedule of rates to be filed with insurance commissioner; discriminating rates and schedules pro Approved by the hibited; insurance commissioner to investigate rates discriminatory; investigation, how made; order subject to review by supreme court of appeals; order suspended during pendency of review rate making organization to keep record and furnish certain information; provision for change in schedules; insurance commissioner may allow changes upon less notice than specified herein. Be it enacted by the Legislature of West Virginia: That section one of chapter twenty of the acts of the legislature of West Virginia of one thousand nine hundred and thirteen, being section seventy-six-b-one of chapter thirty-four, Barnes' code of West Virginia of one thousand nine hundred and eighteen, be amended and re-enacted so as to read as follows: Section 1. Every corporation, association or bureau which now 2 exists or hereafter may be formed, and every person who maintains 3 or hereafter may maintain a bureau or office, for the purpose of 4 suggesting, approving or making rates to be used by more than 5 one underwriter for insurance on property or risks of any kind 6 located in this state, shall file with the insurance commissioner 7 a copy of the article of agreement, association or incorporation. 8 and the by-laws and all amendments thereto under which such 9 person, association or bureau operates or proposes to operate, 10 together with his or its business address and a list of the mem11 bers or insurance corporations represented or to be represented by 12 him or it, as well as such other information concerning such 13 rating organization and its operation, as may be required by the 14 insurance commissioner. 15 Every such person, corporation, association or bureau, whether 16 before or after the filing of the information specified in the last 17 preceding paragraph, shall be subject to the visitation, super18 vision and examination of the insurance commissioner, who shall 19 cause to be made an examination thereof, as often as he deems 20 it expedient, and at least once in three years. For such purpose 21 he may appoint as examiners one or more competent persons and 22 upon such examination he, his deputy or any examiner, author23 ized by him shall have the power to examine under oath the of24 ficers or agents, and all persons deemed to have material infor25 mation regarding the business of, or manner of, operation by 26 every such person, corporation, association, bureau or board. The 27 insurance commissioner shall make public the result of such ex28 amination, and shall report to the legislature in his annual re29 port on the methods of such rating organization and the manner 30 of its operation. 31 Each such person, corporation, association or business shall file 32 with the insurance commissioner, whenever he may call therefor, 33 any and every schedule of rates or such other information con34 cerning such rates as may be suggested, approved or made by 35 any such rating organization for the purposes specified in the 36 first paragraph of this section. No such person, corporation, 37 association or bureau shall fix or make any rate or schedule of 38 rates which is to or may apply to any risk within this state on 39 the condition that the whole amount of insurance on such risk or 40 any specified part thereof, shall be placed at such rates or with 41 the members of, or subscribers to, such rating organization. 42 No such such person, corporation, association. or bureau, or 43 any person, association or corporation authorized to transact 44 the business of insurance within this state, fix or make any rate 45 or schedule of rates or charge a rate which discriminates un46 fairly between risks within this state of essentially the same haz47 ard, or, if such rate be a fire insurance rate, which discrimi48 nates unfairly between risks in the application of like charges 49 or credits, or which discriminates unfairly between risks of 50 essentially the same hazard and having substantially the same 51 degree of protection against fire. The insurance commissioner 52 shall, upon written complaint that discrimination in rates ex53 ists between risks in the application of like charges or credits, or 54 discrimination between risks of essentially the same hazard and 55 having substantially the same degree of protection against fire, 56 order a hearing for the purpose of determining such questions of 57 discrimination, and the review of such questions and the rates 58 complained of before said insurance commissioner shall be had 59 only after due notice to all parties interested, and if upon such 60 hearing the commissioner shall determine that the rate com61 plained of is discriminatory, he shall have power to 62 order the discrimination removed, but no such dis63 crimination shall be removed by increasing the rate or 64 rates on any risk or class of risks affected by such 65 order unless it shall be made to appear to the commis66 sioner that such increase is justifiable and an order of approval 67 has been filed in the office of the insurance commissioner. Any 68 party in interest being dissatisfied with any order of the in69 surance commissioner may, within thirty days from the issue 70 of such order and notice thereof, commence an action in the 71 supreme court for the purpose of reviewing such order and 72 such cause shall be duly set for hearing and proceed as in other 73 cases. During the pendency of such court proceedings the order 74 shall be suspended, and in the event of final determination 75 against any insurer, any overcharge during the pendency of 76 such proceedings shall be refunded by the insurer to the per77 sons entitled thereto. 78 Every such rating organization shall keep a careful record 79 of its proceedings, and shall furnish upon demand to any per80 son upon whose property or risk a rate has been made, or to his 81 authorized agent, full information as to such rate and if such 82 property or risk be rated by schedule, a copy of such schedule. 83 No change shall be made in the schedules which have been 84 filed in compliance with the requirements of this act, except 85 after fifteen days notice to the insurance commissioner, which 86 notice shall plainly state the changes proposed to be made in 87 the schedules then in force and the time when such changes 88 shall go into effect; and such changes shall be shown by filing 89 new schedules or shall be plainly indicated on the schedules 90 in force at the time; Provided, that the insurance 91 commissioner may, in his discretion and for good cause shown, 92 allow changes upon less than the notice specified herein, either in 93 particular instances or by a general order applicable to special or 94 peculiar circumstances or conditions. CHAPTER 150 (Senate Bill No. 316-Mr. McClaren.) AN ACT to amend and re-enact sections one, three, four, nine, fifteen, and nineteen of chapter fifteen-o, of the code of West Virginia relating to the public service commission of West Virginia. [Passed April 29, 1921. In effect from passage. Approved by the Governor May 3, 1921.] SEC. 1. 3. 4. Public service commission created; Jurisdiction of commission; "pub- SEC. 9. 15. 19. duties of transportation companies; discontinuance of passenger trains or change of schedule. Notice required to modify, change or cancel rate; discretion of commission; authority to suspend operation of schedule; burden of proof to show the rate sought is just when decision of rates to be announced. Special license fee; how fixed; how apportioned; amount; fund set aside for expenses of commission; salaries of commission paid out of state fund. Duties of secretary; commission to adopt seal and provide schedule of fees; disposition of fees. Be it enacted by the Legislature of West Virginia: That sections one, three, four, nine, fifteen, and nineteen of chapter fifteen-o of the code be amended and re-enacted so as to read as follows: Section 1. There shall be, and there is hereby created, a pub2 lic service commission of West Virginia, and by that name the 3 commission may sue and be sued. 4 The public service commission shall consist of three members 5 who shall be appointed by the governor with the advice and con6 sent of the senate, and who shall have and possess all the powers 7 and duties provided in this chapter as hereby amended. 8 On or before the first day of June, one thousand nine hundred 9 and fifteen, the governor shall appoint three commissioners, who 10 shall be citizens and residents of this state, one of whom shall be 11 a lawyer of not less than ten years actual experience at the bar. 12 Said commission shall immediately enter upon their duties and 13 hold office for two, four and six years, respectively, from the 14 first day of June, one thousand nine hundred and fifteen, the 15 term of each to be designated by the governor, but their suc16 cessors shall be appointed for the term of six years each, except 17 that any person appointed to fill a vacancy shall serve only for 18 the term of the commissioner whom he succeeds. |