34 specified in the policy. And no insurance agent, solicitor or 35 broker personally, or by any other party, shall directly or in36 directly offer a loan through any building association or bank, 37 or in any other way, as an inducement to insurance; nor shall 38 any insurance agent, solicitor or broker require an applicant 39 for a loan to cancel outstanding insurance in admitted and 40 solvent companies; nor shall any insurance agent, solicitor or 41 broker refuse to accept a renewal of a policy offered by the 42 insured because said insurance agent, solicitor or broker rep43 resents a building association, bank or other party making 44 the insured a loan; provided, the insured protects the lender 45 by proper forms and endorsements on said policies. Upon 46 satisfactory evidence of the violation of the provisions of this 47 section, by any solicitor or agent of any insurance company, 48 the insurance commissioner shall forthwith revoke the cer49 tificate of authority of such solicitor or agent, and no license 50 shall be issued to such agent or solicitor within one year from 51 the date of the revocation of such license; and any insur52 ance company, association, or society, its officers, solicitors 53 or agents, or any insurance broker violating the provisions 54 of this section of this act, shall be guilty of a misdemeanor, 55 and upon conviction thereof, the offender shall be sentenced 56 to pay a fine of one hundred dollars for each and every vio57 lation, or, in the discretion of the court, imprisoned in the 58 county jail of the county in which the offense is committed. 59 for a period of not less than ninety days nor more than six 60 months. No insured person or party shall receive or accept, 61 directly or indirectly, any rebate or premium or part thereof, 62 or agent's, solicitor's or broker's commission thereon, pay63 able on the policy, or on any policy of insurance or any favor 64 or advantage or share in the dividend or other benefit to ac65 crue thereon, or any valuable consideration or inducement, not 66 specified in the policy contract of insurance. The amount 67 of the insurance whereon the insured has received or accepted, 68 either directly or indirectly, any rebate of the premium, 69 or agent's, solicitor's or broker's commission thereon, shall 70 be reduced in such proportion as the amount or value of such 71 rebate, commission, dividend, or other consideration so re72 ceived by the insured, bears to the first premium paid on such 73 policy, and any person insured, in addition to having the 74 insurance reduced, shall be guilty of a misdemeanor, and upon 75 conviction thereof, shall be sentenced to pay a fine of not more 76 than one hundred dollars. It shall be the duty of the insur77 ance commissioner to investigate any charges of rebating sub78 mitted to him. Said charges shall specify the agent, the com79 pany and the party receiving the rebate, and all facts in con80 nection with the transaction within his knowledge. Immedi81 ately upon the filing of said charges the insurance commis82 sioner shall proceed to investigate the same. He shall have 83 power to compel the attendance of witnesses and may ex84 amine under oath any person whom he has reason to believe 85 has knowledge of the facts alleged, and the making of any 86 false statements on such examination shall be perjury and 87 punishable as a felony. Nothing in this section shall be so 88 construed as to prohibit any company issuing non-participat89 ing insurance from paying bonuses to policy-holders or other90 wise abating their premium in whole or in part out. of sur91 plus accumulated from non-participating insurance, nor to 92 prohibit any company transacting industrial insurance on the 93 weekly or monthly payment plan from returning to policy94 holders who have made premium payments for a period of at 95 least one year directly to the company at its home or district 96 office, a percentage of the premium which the company would 97 have paid for the weekly or monthly collection of such 98 premium, nor to prohibit any life insurance company doing 99 business in this state from issuing policies of life or endow100 ment insurance with or without annuities at rates less than 101 the usual rates of premiums for such policies, insuring mem102 bers of organizations or employes of any employer, who 103 through their secretary or employer may take out insurance 104 in an aggregate of not less than fifty members and pay their 105 premiums through such secretary or employer, nor to prohibit 106 any person, partnership or corporation or stockholders there107 of, from carrying their insurance, at the full premium rate, 108 with and through an insurance agency in which they are 109 interested. CHAPTER 21 (Senate Bill No. 402-Mr. Porter) AN ACT to amend chapter thirty-four of Barnes' code of one thousand nine hundred and sixteen, by adding thereto section sixty-a-(9), making it unlawful for any domestic insurance company to do business in any other state or territory of the United States in which it has not first been legally admitted and authorized by the laws of said state or territory. [Passed April 12, 1923. In effect ninety days from passage. without approval of the Governor] SEC. 60-a. (9) License required to do busi- Be it enacted by the Legislature of West Virginia: Became a law That chapter thirty-four of Barnes' code of West Virginia of one thousand nine hundred and sixteen be amended by adding thereto section sixty-a-(9), to read as follows: Section 60-a-(9). It shall be unlawful for any domestic 2 insurance company, duly qualified under the laws of this state, 3 to do business in any other state or territory of the United States without being first legally admitted and authorized so 5 to do under the laws of said state or territory. For violation 6 of this section by any such insurance company, the insurance 7 commissioner may revoke the license or authority of such com8 pany doing business in this state, and may require said com9 pany to pay the taxes upon said business so unlawfully writ10 ten to the state or territory in which said business was so writ11 ten as provided by the laws of such said state or territory. CHAPTER 22 (Senate Bill No. 206—Mr. Darnall) AN ACT authorizing courts having jurisdiction of criminal cases, also justices of the peace, to credit any person convicted of crime, with the days of imprisonment served by such person awaiting trial. Be it enacted by the Legislature of West Virginia: Section 1. Whenever any person is convicted of an offense 2 in a court of this state having jurisdiction thereof, and 3 sentenced to confinement in any jail or the penitentiary of this 4 state, or by a justice of the peace having jurisdiction of the 5 offense, such person may, at the discretion of the court or jus6 tice, be given credit on any sentence imposed by said court or 7 justice for the term of confinement spent in jail awaiting such 8 trial and convicton. CHAPTER 23 (Senate Bill No. 246-Mr. White of Mingo) AN ACT to amend and re-enact section three of chapter twenty-six of the acts of one thousand nine hundred and fifteen, as amended by the acts of one thousand nine hundred and nineteen, concerning the election and duties of political committees. [Passed April 25, 1923. In effect ninety days from passage. Governor May 1, 1923] SEC. 3. Political parties; executive committees therefor; term of office; Approved by the vacancies; meetings; powers and duties. Be it enacted by the Legislature of West Virginia: Section 3. For the purpose of this act, there shall be chosen 2 at the May primary for each political party, as hereinafter 3 provided, a state executive committee consisting of two commit4 teemen and two committee women from each senatorial district 5 to be selected by the party voters in such district, and not more 6 than two of whom shall be residents of the same county; pro7 vided, however, that the committee elected shall appoint three 8 additional committeemen at large and there shall be a congres9 sional executive committee and a state senatorial executive com10 mittee for each of the respective congressional and state senator11 ial districts, each committee to consist of one committeeman and 12 one committeewoman from each county in the respective districts. 13 to be elected by the party voters of such county; and a county 14 executive committee consisting of two committeemen and two 15 committee women from each magisterial district therein, except 16 that in any county containing a city of ten thousand or more pop17 ulation there shall be chosen one committeeman and one commit18 teewoman of the committee from each ward of such city in ad19 dition to the members chosen from the magisterial district in 20 which such city is situated. All members of executive com21 mittees selected for each political division, as herein provided, 22 shall reside within the county or district, senatorial or magis23 terial, from which chosen; provided, however, that any politi24 cal party which polled less than ten per cent of the total vote 25 cast for governor at the last or preceding general election, or 26 any group of citizens, may nominate candidates and elect 27 committees for any political division either by party conven28 tions or in accordance with the provisions of section twenty29 three of this act; provided, however, that such nominations must 30 be made and the certificates filed within twenty days after said. 31 primary election. 32 The term of office of all committeemen and committee women 33 so elected shall begin on the fifteenth day of June, succeeding 34 said May primary, and shall continue for four years thereafter 35 and until their successors are elected and qualified. Vacancies 36 in the state executive committee shall be filled by the members 37 of the committee for the unexpired term. Vacancies in the con38 gressional, judicial, senatorial and county executive committee 39 shall be filled by the executive committees of the county in 40 which such vacancy exists, and shall be for the unexpired term. 41 As soon as possible after the fifteenth of June, succeeding the 42 election of the new executive committees, as herein provided, 43 they shall convene within their respective political divisions, on 44 the call of the chairman of corresponding outgoing executive 45 committees, and proceed to select a chairman, a treasurer, and a 46 secretary, each of which officers shall for their respective com47 mittees perform the duties that usually appertain to such of48 fices. 49 The various executive committees and officers thereof, now in 50 existence shall exercise the powers and possess the duties herein 51 provided until their successors are chosen in accordance with 52 this act. |