Dakota, and to Repeal Certain Legislation Relating Thereto" be and the same are hereby amended so as to read as follows: Section 161. Bonds by Boards of Education of Independent School Districts in all Cities of the First Class and Cities Under Commission Having a Population of 10,000 or Over] Boards of education of independent school districts in all cities of the first class and in all "cities. under commission" having a population of 10,000 or over by the last preceding federal or state census are hereby authorized and empowered to issue negotiable bonds in the manner hereinafter provided for the following purposes: 1. To refund bonds that may now be outstanding. 2. To fund outstanding warrants. 3. To raise money for the purchase of sites and the erection of suitable buildings for school purposes. 4. To raise money for the erection of additions to school buildings. Section 162. Resolution of Board] When the board of education. of the independent school district of any city of either of the classes referred to in Section 161 hereof, shall deem it necessary and expedient to raise money for any of the purposes herein provided for, it shall pass a resolution setting forth clearly and distinctly the object or objects, for which the bonds are to be issued, the amount of the bonds, the maximum rate of interest which they are to draw and the time when they shall become due and payable. Said resolution shall further fix the time and place for holding an election and shall distinctly specify the propositions to be submitted to the electors. Such resolution may include the issuing of bonds for one or more purposes. The resolution shall provide for its publication in two or more newspapers published in said city and that said publication shall be at least once a week for four weeks prior to the time of such election. When such resolution shall be adopted by the board, it shall be entered at length by the clerk on the minutes, signed by the president and attested by the clerk. Section 169. Bond Issue-Limit of Tax Levy to Pay] Any board of education of the independent school district of any city of either of the classes referred to in Section 161 hereof shall not issue bonds in such sums which, with the outstanding indebtedness, shall exceed 5% of the assessed valuation of the taxable property situated in said school district, except when they are for funding or refunding purposes; but such funding or refunding bonds, with the debts not funded, shall not exceed the five per cent limit. Before any bonds are issued and sold in accordance with this article and with the vote of the electors of said corporation, the said board of education shall pass a resolution providing for the levy of an annual tax, which said levy shall include a sufficient sum to pay the annual interest on all bonds issued under this article and to create a sinking fund of at least three per cent per year of the pricipal of such bonds. The interest and sinking fund thus provided for shall be set apart by the treasurer of said corporation and shall not be used for other purposes The sinking fund shall be applied to the payment of the bonds as fast as enough accumulates to pay one or more bonds, or for the purchase of such bonds at or below par; Provided, that such board may at its discretion pay not to exceed one year's interest in advance on any bond together with the principal, when it deems such course advisable, and in order to retire the bonds as fast as there is money in the sinking fund. § 2. An emergency is hereby declared to exist and this act shall take effect and be in force from and after its passage and approval. Approved February 7, 1911. CHAPTER 140 (II. B. 205.) DUTY OF COUNTY JUDGE IN EDUCATION OF DEAF AND BLIND AN ACT to Amend Section 1 of Chapter 137 of the Session Laws of 1907, Entitled, "An Act for the Compulsory Education of the Deaf and Blind." Be It Luacted by the Legislature of the State of South Dakota: § I. That Section 1 of Chapter 137 of the session laws of 1907 entitled "An act for the compulsory education of the deaf and blind" be and the same is hereby amended to read as follows: Section 1. Duty of County Judge] Whenever complaint is made by the superintendent of the South Dakota school for the deaf or the South Dakota school for the blind or by any other person before any county judge of the state of South Dakota, that any deaf or blind child of proper age is being deprived of proper education, by the refusal or neglect of its parents, guardian or custodian, and it shall appear that such deaf or blind child is a resident of the county wherein complaint is made, it shall be the duty of such judge to summon such parents, guardian or custodian before him; and if any material facts are disputed, it shall be the duty of such judge to summon and examine witnesses as to the facts, and if proofs be sufficient to establish the facts set forth in the complaint, or the facts be admitted, said county judge in his discretion shall, after considering the welfare of such child and the wellfare of its parents, order such deaf or blind child sent to some public or private school for the education of the deaf or blind as the case may be but in no case so as to cause any expense to be made against such county except as hereinafter provided. Approved February 23, 1911. CHAPTER 141 (H. B. 97) RELATING TO TRANSPORTATION OF SCHOOL CHILDREN AN ACT Entitled, an Act to Amend Section 108 of Article 5, Chapter 135 of the Session Laws of 1907, Relating to Transportation of School Children. Be It Enacted by the Legislature of the State of South Dakota: § 1. That Section 108 of Article 5, Chapter 135 of the Session Laws of 1907 of the state of South Dakota, be and the same is hereby amended to read as follows: Section 108. When pupils reside more than two and one-half miles from the nearest school house in the school district and not to exceed three miles, then the parent, guardian or pupil shall receive from his school district ten cents per day for each pupil, if more than three miles and not to exceed four miles, twenty-five cents per day. If four miles and not to exceed five miles, thirty-five cents per day. If five miles and not to exceed six miles, forty-five cents per day. Provided, that such financial provision shall be only for actual attendance at public school and conditioned that the district in no way furnish means of conveyance. Provided, that when pupils reside nearer some school in another school township or district then the school board or board of education can make arrangements for the schooling of such pupils at such other school by paying tuition and such transportation as previously provided for in this section. Provided, further, in determining the distance to be traveled to get to any school, the most direct route by section lines shall be the basis of the computation. This act to apply only to schools operating under the township school system. § 2. All acts or parts of acts in conflict with this act are hereby repealed. Approved February 27, 1911. CHAPTER 142 H. B. 92) SELECTING NAMES OF SCHOOL DISTRICTS AN ACT Providing for the Naming of Common School Districts. § 1. Each common school district in this state may choose a name and record the same in a book to be kept for the purpose in the office of the county superintendent of schools, of the county wherein such district is located; provided that such county superintendent shall refuse to record as the name of any district, a name which has been previously chosen and recorded by another district in the same county. The respective school districts are hereby empowered to contract in and sue and be sued by the name so chosen and recorded. Approved February 27, 1911. CHAPTER 143 (H. B. 309.) RELATING TO REPORTS OF COUNTY SUPERINTENDENTS AN ACT Entitled, An Act to Amend Section 131 of Chapter 135 of the Session Laws of 1907, Relating to Reports to County Superintendents. Be It Enacted by the Legislature of the State of South Dakota: § 1. That section 131 of the session laws of 1907 of the state of South Dakota be amended to read as follows: Section 131. Reports Subject to Approval of County Superintendent] All reports and records of district officers and proceedings of district meetings shall be subject to the approval of the county superintendent, and if any money belonging to any district shall be expended for supporting a school in which the English language shall not be taught exclusively, or if any such money be otherwise unlawfully expended, the County superintendent or any taxpayer of the district may in a civil action in the name of the district recover said money from the officer so expending it. § 2. All acts and parts of acts in conflict with this act are hereby repealed. Approved March 2, 1911. Laws-12 CHAPTER 144 (H. B. 396) FEES FOR TEACHERS' CERTIFICATES AN ACT Entitled, An Act to Amend Section 16, Chapter 135, of the Session Laws of 1907, as Amended by Chapter 260 of the Session Laws of 1909, Relating to Fees for Certificates. Be It Enacted by the Legislature of the State of South Dakota: § I. That Section 16 of Chapter 135 of the Session Laws of 1907, as amended by Chapter 260 of the Session Laws of 1909, be amended to read as follows: Section 16. Applicants for a life diploma, except resident graduates of the schools of this state, shall pay a fee of ten dollars ($10.00), and similarly, applicants for a State certificate shall pay a fee of five dollars ($5.00), and for a professional State certificate two dollars ($2.00): Provided, that should an applicant fail in such examination one-half of the fee shall be returned. All these fees shall be forwarded to the State Department of Public Instruction and the State Superintendent shall pay the same into the State Treasury, which, with the money now on hand, derived from this source, shall constitute a fund to be known as the State Professional Fund, and the moneys so collected shall be paid out only upon the warrant of the State Auditor, issued on vouchers of the Superintendent of Public Instruction, approved by the Governor. Said State Professional Fund shall be used for the purpose of conducting investigations, and gathering data of the progress of education in this State and elsewhere; to publish such data and the results of such investigations and to distribute the same to teachers, citizens and others, and for furthering in other ways the profession of teaching. Approved March 7, 1911. |