Proviso, approval of plans. Further proviso, width rewarded. Limit of claim. Proviso, drawing in installments. as above specified, and shoulders of a different class, and when so built if approved by the State Highway Commissioner, shall merit a reward from the State for the central track as above specified, plus a reward for each extra foot in width for the shoulders according to the class built: Provided, That plans for the same are approved by the State Highway Commissioner before construction begins: Provided further, That the total width rewarded shall not exceed sixteen feet. SEC. 11. No claim for State reward for improved roads of over four miles in any one surveyed township in any one fiscal year shall be allowed by the State Highway Commissioner: Provided, however, That if any township or county shall have raised money by tax or sale of bonds to build a mile or more of road such as merit State reward and the road shall be built and approved by the State Highway Commissioner, and this road is kept in as good condition as when approved by the State Highway Commissioner, such township or county shall have its application number remain upon the books of the State Highway Department, and draw from the State reward fund each year until such time as the township or county has received the amount due for the class and the Money drawn, amount of road built. The money paid as State reward shall be credited to the road funds of the township, county or good roads district as the case may be. how credited. When commissioner may refuse reward. Duty to inform officials. When may cause repairs to be made. Payment of balance. Bill for repairs. SEC. 12. The State Highway Commissioner is hereby given authority to refuse to grant any further road reward to any township, good roads district or county that has been rewarded by the State which does not keep its State reward roads in proper repair; but upon his refusal to any township. good roads district or county for an allotment of State reward, it shall be the commissioner's duty to inform the proper officials of the repairs necessary to place it in a position to again be eligible to receive State reward, and if these repairs are made satisfactorily to the commissioner, he shall reinstate it to the eligible reward list. Should the township, good roads district or county fail to make the repairs ordered by the State Highway Commissioner within a reasonable time after being so ordered, then the State Highway Commissioner shall cause such repairs to be made and pay for them out of the reward money earned by such township, good roads district or county and it shall then become eligible to receive further State reward. Any balance remaining due to such township, good roads district or county after payment for such repairs shall be paid to such township, good roads district or county. If no reward is due said county, good roads district or township, then the State Highway Commissioner shall have authority to make the necessary repairs and pay for same out of the highway fund and render a bill for same to the proper officers of such county, good roads district or township, which bill shall be paid upon the warrant of such officers, and the amount thereof returned to the State treasury to be credited to the highway fund and How paid. the supervisors shall include the amount in the next regular tax roll. CHAPTER VIII. SEC. 13. There shall be no bridge, culvert or artificial road- Width of bridge, way of any kind constructed in any public highway of this culvert, etc. State, over any water course or railroad right of way thereof having a roadway of less than sixteen feet in width, and the same shall be built of sufficient strength to safely carry a Strength. fifteen ton moving load. CHAPTER XV. drain. SEC. 2. When any drain crosses a highway, the necessary Bridge or bridge or culvert shall be constructed on the center line of culvert over the highway as located by survey, and in accordance with plans and specifications which shall be approved by the county, township or district highway commissioner having jurisdiction, and such bridge or culvert shall be of a permanent nature and of sufficient strength to safely carry a Strength. fifteen ton moving load. The cost of constructing the neces- Cost. sary bridge or culvert shall be charged in the first instance as part of the cost of construction of such drain after which such bridge or culvert shall be maintained as a part of the highway. When a drain passes along a highway, there shall Bridges over be constructed at least one bridge or passageway across such highway. drain connecting the highway with each enclosed field and with each farm entrance, which bridge or passageway shall also be charged in the first instance as a part of the construction of such drain, after which such bridge or passage. How way shall be maintained by the owner of the land. drain along maintained. highway. of township SEC. 3. Before any drain shall be laid along a public high- Drain along way, the highway commissioner of the township in which the drain is located shall be consulted and his consent as to the proposed location of the drain shall be obtained in writing, Consent stipulating that no excavation may be made nearer than one commissioner. rod to the center line of the highway and stating what disposition shall be made of all material excavated. It shall be the duty of the drain commissioner to level down all materials placed in the roadway. Approved April 21, 1915. Insurer to be member of rating bureau. Of whom bureau to consist. Expenses. Office of bureau. Insurer to to which it belongs. [No. 76.] AN ACT to provide for the organization, operation and supervision of fire insurance rate making bureaus, to provide for a review of any rates fixed by any such bureau for fire insurance upon property in this State, to prohibit discrimination in such rates, and to regulate all agreements between fire insurance companies or their agents affecting such rates. The People of the State of Michigan enact: SECTION 1. Every fire insurance company or other insurer authorized to effect insurance against the risk of loss or damage by fire or lightning in this State shall maintain or be a member of a rating bureau. No such insurer shall be a member of more than one rating bureau for the purpose of rating the same risk. SEC. 2. A rating bureau may consist of one or more insurers, and when consisting of two or more insurers, shall admit to membership any authorized insurer applying therefor. The expenses of the bureau shall be shared in proportion to the gross premiums received by each member during the preceding year in this State, to which may be added a reasonable annual fee. Each member shall have one vote. SEC. 3. Every rating bureau shall maintain an office within the United States. SEC. 4. Every fire insurance company or other insurer specify bureau aforesaid shall, in its annual application for license, specify each rating bureau making rates upon property located within this State of which it is a member, and during the year, file written notice of any other such rating bureaus of which it shall become a member. Bureau to inspect risk. Survey. Commissioner may make inquiries. May require filing of schedules, etc. SEC. 5. Every rating bureau engaged in making rates or estimates for rates for fire insurance on property in this State, shall inspect every risk specifically rated by it upon schedule, and make a written survey of such risk, which shall be filed as a permanent record in the office of such bureau. A copy of such survey shall be furnished to the owner upon request. SEC. 6. The Commissioner of Insurance may address inquiries to any individual, association or bureau, which is or has been engaged in making rates or estimates for rates for fire insurance upon property in this State, in relation to the organization, maintenance or operation, or any other matter connected with its transactions, and may require the filing of schedules, rates, forms, rules, regulations and such other information as may be required, and it shall be the duty of every such individual, association or bureau, or some officer thereof, to promptly make such filing or reply to such inquiries in writing. bureau. waive ex SEC. 7. The Commissioner of Insurance shall have power May examine to examine any such rating bureau as often as he deems it expedient to do so, and shall do so not less than once every three years. A report thereof shall be filed in his office. The When may Commissioner of Insurance may waive such examination up- amination. on the filing with him of a report of such examination made by some other insurance department or proper supervising officer within such three years. A statement with regard to Statement such examination shall be made in the annual report of the Commissioner of Insurance. in report. tory rates SEC. 8. No fire insurance company or other insurer against Discriminathe risk of fire or lightning, nor any rating bureau, shall fix prohibited. or charge any rate for fire insurance upon property in this State which discriminates unfairly between risks in the application of like charges and credits, or which discriminates unfairly between risks of essentially the same hazards and having substantially the same degree of protection against fire. from rates to SEC. 9. Any deviation of any company or insurer from Deviation the schedule of rates established and maintained by the be uniform. bureau which it maintains, or of which it is a member, shall be uniform in its application to all of the risks in the class for which the variation is made, and no such uniform deviation shall be made unless notice thereof shall be filed with Notice of the bureau of which the insurer is a member, and the Insurance Commissioner of this State, at least fifteen days before such uniform variation is in effect. deviation. agreements SEC. 10. Except as contained in the policy and the usual Certain agreement for other insurance, no such insurance company or prohibited. insurer or rating bureau shall make any contract or agreement with any person insured or to be insured that the whole or any part of any insurance shall be written by or placed with any particular company, insurer, agent or any group of companies, insurers or agents. to determine tions. SEC. 11. The State Banking Commissioner, the Attorney Commission General and the Commissioner of Insurance of this State shall discriminaconstitute a commission, and upon written complaint or upon its own information that discrimination in rates exists between risks in the application of like charges and credits or which discriminates between risks of essentially the same hazard and having substantially the same degree of protection against fire, the commission may order a hearing for Hearing. the purpose of determining such questions of discrimination and the review of such rate before said tommission shall be had only after due notice to all parties interested, and if Notice. upon such hearing the commission shall determine that said rate is discriminatory; it shall have power to order the discrimination removed; but no such discrimination shall be re- Removal of moved by increasing the rate or rates on any risk or class of risks affected by such order unless it shall be made to appear to the commission that such increase is justifiable and an order of approval has been filed in the office of the Com discrimina tion. Approval. Action to set aside order. Jurisdiction. Refund of over-charge. Rate agreements prohibited. Agreements enforceable. Commissioner may disapprove agreement. Service of notice of disapproval. Appeal to chancery. missioner of Insurance. Any party in interest being dissatisfied with any order of the commission may within thirty days from the issuance of such order and notice thereof commence an action in the circuit court in chancery for the county of Ingham against the commission, as defendant, to vacate and set aside any such order upon the ground that such order is unlawful or unreasonable; in which suit the commission shall be served with a subpoena and a copy of the complaint. The commission shall file its answer and on leave of court any interested party may file an answer to said complaint. Upon the filing of the answer of the commission said action shall be at issue and stand ready for hearing upon ten days' notice by either party. The said circuit court for the county of Ingham in chancery is hereby given jurisdiction of such suits and empowered to affirm, vacate or set aside the order of the commission in whole or in part, and to make such other order or decree as the court shall decide to be in accordance with the facts and the law. During pendency of such proceedings the order shall be suspended, and in the event of final determination against any insurer, any over-charge during the pendency of such proceedings shall be refunded by the insurer to the persons entitled thereto. SEC. 12. No fire insurance company or any other insurer, and no rating bureau, or any representative of any fire insurance company or other insurer or rating bureau, shall enter into or act upon any agreement with regard to the making, fixing or collecting of any rate for fire insurance upon property within this State except in compliance with this act. SEC. 13. Any such agreement may be made and enforced provided the same be not contrary to public policy and is in writing, and, prior to its taking effect, a copy thereof be filed with the Commissioner of Insurance and with each rating bureau of which any of the parties thereto shall be a member or subscriber. SEC. 14. The Commissioner of Insurance may, after due notice and hearing, upon complaint or upon his own motion, make an order disapproving any such agreement. No such agreement shall be in force, nor shall any rights be based thereon, after service of a copy of such order upon each of the parties to such agreement, and upon each bureau with which such agreement is required to be filed. Service may be made by mail and shall be completed upon the expiration of a reasonable time for transmission fixed in such order. Any person in interest being dissatisfied with the order or refusal to make an order by the Commissioner of Insurance may within thirty days from the issuance of such order or refusal and notice thereof, commence an action in the circuit court in chancery for the county of Ingham against the Commissioner of Insurance, as defendant, to vacate and set aside any such order upon the ground that such order is unlawful or unreasonable, or to compel said Commissioner of Insur |