ized by him shall have all the powers given to the superintendent, his deputy or any examiner authorized by him by section thirtynine of this chapter, including the power to examine under oath the officers or agents and all persons deemed to have material information regarding the business of or manner of operation by every such person, corporation, association, bureau or board. The superintendent shall make public the results of such examination and shall report to the legislature in his annual report on the methods of such rating organization and the manner of its operation. Each such person, corporation, association or bureau shall file with the superintendent of insurance whenever he may call therefor any and every schedule of rates or such other information concerning such rates as may be suggested, approved or made by any such rating organization for the purposes specified in the first paragraph of this section. No such person, corporation, association or bureau shall fix or make any rate or schedule of rates which is to or may apply to any risk within this state, on the condition that the whole amount of insurance on such risk or any specified part thereof shall be placed at such rates, or with the members of or subscribers to such rating organization; nor shall any such person, corporation, association or burcau, or any person, association or corporation authorized to transact the business of insurance within this state, fix or make any rate or schedule of rates or charge a rate which discriminates unfairly between risks within this state of essentially the same hazard or, if such rate be a fire insurance rate, which discriminates unfairly between risks in the application of like charges or credits or which discriminates unfairly between risks of essentially the same hazards and having substantially the same degree of protection against fire. Whenever it is made to appear to the satisfaction of the superintendent of insurance that such discrimination exists, he may, after a full hearing either before himself or before any salaried employee of the insurance department whose report he may adopt, order such discrimination removed; and all such persons, corporations, associations or bureaus affected thereby shall immediately comply therewith; 3nor shall such persons, corporations, associations or bureaus remove 2 Remainder of sentence formerly read: "within this state of essentially the same hazard belonging to classes having substantially the same fire class record, and which are similarly situated and protected against fire." 3 Remainder of sentence new. such discrimination by increasing the rates on any risk or class of risks affected by such order unless it is made to appear to the satisfaction of the superintendent of insurance that such increase is justifiable. No such person, corporation, association or bureau or any other person, corporation, association or bureau, shall charge any licensing, registration, certification or membership fee to brokers who shall have been or hereafter may be licensed or authorized as such pursuant to the provisions of this chapter; nor shall any such rating organization or any other person, corporation, association or bureau or any two or more persons, associations or corporations authorized to transact the business of insurance within this state, acting in agreement, refuse to do business with or to pay commissions to any person who may be licensed or authorized as an insurance broker, pursuant to the provisions of this chapter, because such a broker will not agree to secure insurance only at the rates of premium fixed by such rating organization or the parties to such agreement. Every such rating organization shall keep a careful record of its proceedings and shall furnish upon demand to any person upon whose property or risk a rate has been made, or to his authorized agent, full information as to such rate, and, if such property or risk be rated by a schedule, a copy of such schedule; it shall also provide such means as may be approved by the superintendent of insurance whereby any person or persons affected by such rate or rates may be heard, either in person or by agent, before the governing or rating committee or other proper executive of such rating organization on an application for a change in such rate or rates. This section shall not apply to any contract of life insurance, nor to any contract of insurance upon or in connection with marine or transportation risks or hazards other than contracts for automobile insurance, nor to contracts of insurance upon property or risks located without this state, nor to contracts made by persons, partnerships, associations or corporations authorized to do business under articles five, six, seven and nine of this chapter, but it shall apply to all other forms of insurance mentioned in any article of this chapter. § 2. This act shall take effect immediately. L. 1899, ch. 85 repealed. Chap. 27. AN ACT to repeal chapter eighty-five of the laws of eighteen hundred and ninety-nine, entitled "An act to provide the minimum capital stock required for the organization of fire or marine insurance corporations." Became a law February 19, 1913, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter eighty-five of the laws of eighteen hundred and ninety-nine, entitled "An act to provide the minimum capital stock required for the organization of fire or marine insurance corporations," is hereby repealed.1 2. This act shall take effect immediately. $219 added to L. 1909, ch. 33. Chap. 28. AN ACT to amend the insurance law, in relation to the policy or certificate of a life or casualty insurance corporation upon the co-operative or assessment plan. Became a law February 19, 1913, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Article six of chapter thirty-three of the laws of nineteen hundred and nine, entitled "An act in relation to insurance corporations, constituting chapter twenty-eight of the consolidated laws," is hereby amended by adding at the end a new section to be section two hundred and nineteen, to read as follows: 8 219. Policy to indicate assessment plan. Every policy or certificate hereafter issued by any corporation, company, society, organization or association transacting business under this article 1 L. 1899, ch. 85 was specifically repealed by the consolidated insurance law (L. 1909, ch. 33), § 360. It was intended to consolidate the act of 1899 in § 12 of the insurance law, but only part of the act seems to have been so consolidated. Therefore doubt having arisen under the act for the construction of the consolidated laws (L. 1909, ch. 596) as to the efficacy of such repeal, it is here again specifically repealed. shall have conspicuously printed on the face of such policy or certificate and at the top thereof in capital letters not smaller than great primer roman condensed capitals, the words "assessment system." § 2. This act shall take effect immediately. Chap. 29. AN ACT to amend the insurance law, in relation to proceedings against and the liquidation of delinquent insurance corporations. Became a law February 19, 1913, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: added to ch. 33, added by ch. 300. Section 1. Section sixty-three of chapter thirty-three of the Subd. 12 laws of nineteen hundred and nine, entitled "An act in relation L. 1909, to insurance corporations, constituting chapter twenty-eight of the $63, as consolidated laws," as added by chapter three hundred of the laws L. 1909, of nineteen hundred and nine, and amended by chapter six hundred and thirty-four of the laws of nineteen hundred and ten, chapter three hundred and sixty-six of the laws of nineteen hundred and eleven and chapter two hundred and seventeen of the laws of nineteen hundred and twelve, is hereby amended by adding thereto, at the end thereof, a new subdivision, to be subdivision. twelve, to read as follows: principal corporation in liquidation 12. At any time after the commencement of proceedings under Removal of an order of liquidation made pursuant to this section, the said office of superintendent may remove the principal office of the corporation in liquidation to the county of Albany. In event of such removal to Albany. the court shall, upon the application of the superintendent, direct the clerk of the county wherein such proceeding was commenced to transmit all of the papers filed therein with such clerk to the clerk of the county of Albany, and the proceeding shall thereafter be conducted in the same manner as though it had been commenced in the county of Albany. § 2. This act shall take effect immediately. 1260, opening paragraph amended. Docket of judgment, how canceled. In effect Sept. 1, 1918. Chap. 30. AN ACT to amend the code of civil procedure, in relation to docket of judgment. Became a law February 19, 1913, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The opening paragraph preceding subdivision one of section twelve hundred and sixty of the code of civil procedure is hereby amended to read as follows: § 1260. The docket of a judgment must be canceled and discharged by the clerk in whose office the judgment-roll is filed, or by the clerk of any county where a transcript of said judgment shall have been docketed,' upon filing with him a satisfaction-piece, describing the judgment, and executed as follows: § 2. This act shall take effect September first, nineteen hundred and thirteen. L. 1897, ch. 378, § 162, as re-enacted Chap. 31. AN ACT to amend the Greater New York charter, in relation to the transfer of moneys from the general fund of the city to appropriate accounts for the purpose of adjusting deductions made under the provisions of the tax law referring to taxes upon special franchises. Became a law February 20, 1913, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section one hundred and sixty-two of the Greater New York charter, as re-enacted by chapter four hundred and by L. 1901, sixty-six of the laws of nineteen hundred and one, is hereby amended to read as follows: ch. 466, amended. Application of certain moneys. § 162. It shall be lawful for the comptroller to apply the moneys accruing for interest on the sales of lands in said city for 1 Words or by the clerk of any county where a transcript of said judg ment shall have been docketed," new. |