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Section 2. Said funds shall be paid out on warrants drawn by the State Auditor based on duly itemized vouchers approved by the Board of Charities and Corrections.

Approved March 12, 1923.

CHAPTER 98.

(H. B. 255.)

FOR YANKTON STATE HOSPITAL

AN ACT Entitled, An Act Appropriating Money for Hog Houses at the State Hospital for the Insane, Yankton, South Dakota.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. There is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, the sum of Five Thousand ($5,000.00) Dollars, or so much thereof as may be necessary, to be expended by the State Board of Charities and Corrections for the erection of hog houses at the State Hospital for the Insane, Yankton, South Dakota.

Section 2. Said funds shall be paid out on warrants drawn by the State Auditor based on duly itemized vouchers approved by the Board of Charities and Corrections.

Section 3. Whereas, this Act is necessary for the immediate support of the state government and its existing institutions, an emergency is hereby declared to exist and this act shall be in force and effect from and after its passage an approval.

Approved March 12, 1923.

CHAPTER 99.

(H. B. 256.)

FOR YANKTON STATE HOSPITAL

AN ACT Entitled, An Act Appropriating Money for Buildings for Women at the State Hospital for the Insane, Yankton, South Dakota.

Be It Enacted by the Legislature of the State of South Dakota :

Section 1. There is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, the sum of Sixty Thousand ($60,000.00) Dollars, or so much thereof as may be necessary, available after July 1st, 1924, to be expended by the State Board of Charities and Corrections for buildings for Women at the State Hospital for the Insane, Yankton, South Dakota.

Section 2. Said funds shall be paid out on warrants drawn by the State Auditor based on duly itemized vouchers approved by the Board of Charities and Corrections.

Approved March 12, 1923.

CHAPTER 100.

(H. B. 275.)

FOR YANKTON STATE HOSPITAL

AN ACT Entitled, An Act Appropriating Money for Sewage Disposal at the Hospital for the Insane at Yankton, South Dakota.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. There is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, the sum of Twenty-five Thousand ($25,000.00) Dollars, or so much thereof as may be necessary, to be expended by the Board of Charities and Corrections, for sewage disposal at the Hospital for the Insane at Yankton, South Dakota.

Section 2. Whereas, this Act is necessary for the immediate support of the State Government and its existing institutions, an emergency is hereby declared to exist and this act shall be in force and effect from and after its passage and approval.

Approved March 12, 1923.

CHAPTER 101.

(H. B. 278.)

FOR YANKTON STATE HOSPITAL

AN ACT Entitled, An Act Appropriating Money for the Installation of a Reserve Boiler and for Fencing and Weather Stripping at the State Hospital for Insane, Yankton, South Dakota.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, seventeen thousand five hundred dollars ($17,500.00) or so much thereof as may be necessary, for the installation of a reserve boiler and for fencing and weather stripping at the State Hospital for Insane, Yankton, South Dakota, to be expended by the State Board of Charities and Corrections, for the uses and purposes following, to-wit:

For installation of a reserve boiler
For fencing

$15,000
2,500

Section 2. Said funds shall be paid out on warrants drawn by the State Auditor based on duly itemized vouchers approved by the Board of Charities and Corrections.

Approved March 12, 1923.

Assessment and Taxation

CHAPTER 102.

(S. B. 4.)

RELATING TO ASSESSMENT OF AGRICULTURAL LAND AND TAX LEVIES IN INDEPENDENT SCHOOL DISTRICTS AND CONSOLIDATED

SCHOOL DISTRICTS

AN ACT Entitled, An Act Defining Agricultural Lands, Providing the Manner of Assessing Agricultural Lands, Fixing a Maximum Levy of Ten Mills Thereon Within Independent and Independent Consolidated School Districts, and Requiring the County Auditor to Certify the Amount of Assessed Valuation of Agricultural Lands to School Districts, and Amending Section 7567 of the South Dakota Revised Code of 1919, as Amended by Chapter 50 of the Laws of the Special Session of 1920.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. Agricultural lands, for the purpose of this act, shall include all tracts of land, not platted into city or town lots, used exclusively for farm and agricultural purposes.

Section 2. The assessor in listing and assessing real property situated within an independent school district or independent consolidated school district, shall designate, opposite each description, whether or not the same is agricultural land.

Section 3. No agricultral land within an independent school district or an independent consolidated school district shall in any one year be taxed to exceed ten (10) mills on the dollar of the assessed valuation for school purposes; provided, that if the average assessed valuation of agricultural land in such district in any year shall be less than fifty ($50.00) dollars per acre, this act shall not apply thereto. Provided, that independent consolidated school district in which there is no incorporated town shall not be included in the provisions of this act.

Section 4. It shall be the duty of the county auditor to transmit to the clerk of each independent or independent consolidated school district within his county, his certificate, under seal of his office, on or before the first Tuesday in September, which certificate shall show the number of acres of agricultural lands assessed within the school district, and the average assessed valuation per acre, including improvements thereon, figured on the basis of the assessment as equalized by the State Tax Commission.

Section 5. That Section 7567 of the Revised Code of 1919, as amended by Chapter 50 of the Session Laws of 1920, is hereby amended to read as follows:

Section 7567. The board of education shall, on the second Tuesday in September each year, or within ten days thereafter, levy a tax for the support of the schools of the corporation for the fiscal year next ensuing, not exceeding in any one year twenty-five mills on the dollar of the assessed valuation of all taxable property within the district, provided, the average assessed valuation of agricuultural lands therein is less than fifty dollars per acre; in a district in which the average assessed valua

tion of agricultural lands is fifty dollars or more, the board of education shall levy a tax for the support of the schools within the district, not exceeding in any one year ten mills on the dollar of the assessed valuation of all taxable property therein, provided, that if such levy is insufficient for the support of the schools within the district, the board shall levy an additional tax, not exceeding twenty-five mills in the aggregate on the dollar of the assessed valuation on all taxable property other than agricultural land within the district. The clerk of the school board shall certify the levy to the county auditor, who is authorized and required to place the same on the tax roll of the county, to be collected by the county treasurer as the taxes of the county, and paid over by him to the treasurer of the school district, of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall transmit to the clerk of the board of education. Such receipt shall show the proportionate amounts belonging to the several funds of the board of such school district, apportioned by the treasurer thereof according to the relative amounts levied by such board for the current year.

Section 6. Whereas, this act is necessary for the support of the state government and its existing institutions, an emergency is hereby declared to exist, and this act shall be in full force and effect from and after its passage and approval.

Approved March 9, 1923.

CHAPTER 103.

(H. B. 153.)

RELATING TO BANK STOCK

AN ACT Entitled, An Act to Amend Section 6696 of the Revised Code of 1919, as Amended by Chapter 104 of the Session Laws of 1919, and to Re-enact Section 6698, as Amended by Section 2 of Chapter 104 of the Session Laws of 1919, Relating to the Assessment and Taxation of Bank Stock and Legalizing, Ratifying and Confirming Taxes Heretofore Levied Upon Shares of Stock of State and National Banks.

Be It Enacted by the Legislature of the State of South Dakota:

as

Section 1. That Section 6696 of the Revised Code of 1919, amended by Chapter 104 of the Session Laws of 1919, be and the same is hereby amended to read as follows:

Section 6696. The stockholders of every bank located in this State, whether such bank has been organized under the banking laws of this State or of the United States, shall be assessed and taxed on the value of their shares of stock therein in the county, town, district, city or village where such bank or banking association is located, and not elsewhere, whether such stockholders reside in such places or not, such shares shall be listed and assessed annually with regard to the ownership and the value thereof on the first day of May of each year. To aid the assessor in determining the value of such shares of stock, the accounting officer of every bank shall furnish a statement to the assessor, verified by oath, showing the amount and number of shares of capital stock of such bank, the amount of its surplus or reserve fund, the amount of its undivided profits, and the amount of the legal investments in real estate, which real estate shall be assessed and taxed as other real estate is

assessed and taxed. The assessor shall deduct the amount of such investments in real estate from the aggregate amount of such capital, and the remainder of the capital, surplus fund and undivided profits shall be taken as a basis for the valuation of such shares of stock in the hands of the stockholders, subject to the provisions of law requiring all property to be assessed at its true full value, provided that the valuation of such shares of stock represented by the surplus or reserve fund and undivided profits shall be levied upon at the same rate as moneys and credits. The shares of capital stock of national banks not located in this State, held in this State, shall not be required to be listed under this act. Section 2. That Section 6698 of the Revised Code of 1919, as amended by Section 2, Chapter 104, Session Laws of 1919, be, and the same is hereby re-enacted to read as follows:

Section 6698. To secure the payment of taxes on bank stock or banking capital, it shall be the duty of every bank, or managing officer thereof, to retain so much of any dividend or dividends belonging to such stockholders or owners as shall be necessary to pay any taxes levied upon their shares of stock or interests, respectively, until it shall be made to appear to such bank or its officers that such taxes have been paid; and any officer or any such bank who shall pay over or authorize the paying over of any such dividend or portion thereof, contrary to the provisions of this section shall thereby become liable for such tax, and if such tax shall not be paid, the county treasurer where such bank is located shall sell such shares or interest to pay the same like other personal property; and in case of sale, the provisions of law in regard to the transfer of stock when sold on execution shall apply to such sale.

Section 3. Assessments on shares of bank stock in banking associations heretofore made in accordance with the provisions of Section 6696 of the South Dakota Revised Code of 1919, as it then existed, and the taxes heretofore levied, paid or assessed upon such shares pursuant to such assessments, are hereby in all things legalized, ratified and confirmed.

Section 4. Whereas, this act is necessary for the support of the State Government and its existing institutions, an emergency is hereby declared to exist and the same shall go into effect on the 15th day of March, 1923.

NOTE BY THE SECRETARY OF STATE: The foregoing act, having been presented to the Governor of this state for his approval, and not having been returned by him to the house of the legislature in which it originated, or to the Secretary of State with his objections, within the time prescribed by the Constitution, has become a law without his approval.

C. E. COYNE, Secretary of State.

CHAPTER 104.

(S. B. 119)

RELATING TO COUNTY ROAD TAX LEVY

AN ACT Entitled, An Act to Amend Subdivision 4 of Section 6749 of the South Dakota Revised Code of 1919, Relating to Levy for Road Purposes.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Subdivision 4 of Section 6749 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 6749. Subdivision 4. For county roads, in addition to the

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