CHAPTER 214. (H. B. 36.) RELATING TO TUITION AND DISTRICTS DISCONTINUED. AN ACT Entitled, An Act Amending Sections 7490 and 7517 of the Revised Code of 1919, Relating to Tuition of Pupils in Attendance at Schools Outside Their Own District. Be It Enacted by the Legislature of the State of South Dakota: That Sections 7490 and 7517 be amended to read as follows: Section 7490. Provision for Schooling of Children in Discontinued Schools.] 1. Any School in a common school district may be discontinued by the district board, provided proper arrangements are made for the schooling of all pupils of the district in other schools, if in the judgment of the district board such action is to the best interest of the pupils and the district. The school board may make arrangements for the transportation of the pupils in attendance at the school at the time of its discontinuance to such other school as it may determine, or it may pay for the lodging and board of such pupils in lieu of transportation. Provided further, that if such pupils are assigned to schools outside the district, all tuition charges shall be paid from the funds of the district in which the parents of such pupils reside. Said tuition charges shall be the per capita expense of schooling the pupils in such other schools and shall be determined from the last annual report of the county superintendent of the county in which such school is located upon the basis of the enrollment in school for the previous year, Provided, that in case of such pupils attending a public school located in an adjoining state the district shall pay such tuition charges as may be approved by the county superintendent of schools. Provided further, that any parent or guardian not satisfied with the arrangements made for the schooling of the children under their control may appeal to the county superintendent whose decision in the matter shall be final. Section 7517. Tuition of Non-Resident Pupils in High School.] 1. Any pupil who shall successfully complete the work of the eighth grade as established in the State Course of Study, and who holds a common school diploma granted by the County Superintendent, or other eighth grade diploma endorsed by him, is privileged to continue his school work up to and including the twelfth grade by attending any public high school or state educational institution of this state, or adjoining state, furnishing a higher course of study than that offered by his home district without payment of any tuition except for laboratory fees or for individual instruction outside of regular school hours. Provided, that the school district or state educational institution in which such pupil is enrolled as a high school student, shall be compensated by the school board of his home district for such instruction as hereinafter provided. 2. The County Superintendent shall determine the actual per capita cost per month of schooling a student in each of the high schools in the county for the preceding year, from the annual reports on file in his office. Such per capita cost shall be arrived at by dividing the grand total under "cost of high school maintenance" by the number of pupils as per school census of pupils who have passed the eighth grade enrolled and dividing this quotient by the number of months that school was in session. The per capita monthly cost thus determined shall be the legal Laws-21. tuition which such district may charge non-resident pupils. The county superintendent shall notify the Clerk of the Board of each school district maintaining a high school in his county, of the amount of such tuition and it shall be the duty of such Clerk to collect semi-annually all tuition fees due a district from the school district having pupils attending the high school in his district. Provided, that if payment is not made within a reasonable time by any district, the Clerk of the district to whom tuition fees are due, may present a duplicate bill, duly sworn to before a Notary Public, to the County Auditor of the county in which such pupil resides who shall, upon approval of such claims by the county superintendent, issue a warrant upon the county treasurer for the amount of the claim, which amount shall be charged against the funds belonging to said district in the hands of the county treasurer. Provided, that where such attendance shall be in a public high school or State educational institution located in an adjoining state, the board shall pay such tuition as shall first be approved by the County Superintendent of Schools. 3. Provided, that for the purpose of interpreting the provisions of this act and all other acts relating to the payment of tuition for the schooling of non-resident pupils, a child shall be considered a resident of the school district in which his parents, guardian or persons sustaining the relation of loco parentis, resided at the time of the official enumeration of the last annual school census. 4. Provided, further, that all questions relative to the payment of tuition not specifically covered by the provisions of this act, shall be referred to the County Judge of the county in which the school district making the claim for tuition mainly lies, and it shall be the duty of said County Judge to decide such cases upon a fair and equitable basis. Approved March 12, 1921. CHAPTER 215. ( H. B. 147.) RELATING TO VOCATIONAL EDUCATION. AN ACT Entitled, An Act Amending Sections 7409 and 7410 of the Revised Code of 1919, as Amended by Chapter 184 of the Session Laws of 1919, Relating to the State Board of Vocational Education. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 7409 of the Revised Code of 1919 as amended by Chapter 184 of the Session Laws of 1919 be amended to read as follows: Section 7409. Powers and Duties.] 1. The State Board of Education shall have all necessary power to cooperate with the federal board of vocational education in the administration of said federal act, and in the administration of the act providing for vocational rehabilitation of persons disabled in industry, which was accepted by the Governor on behalf of the State of South Dakota as authorized by the Legislature under date of November 27th, 1920. It shall be the duty of the board of regents to designate one or more of the institutions of higher education under its control, in which shall be maintained classes for preparing teachers, supervisors and directors of agricultural subjects, teachers of trade, industrial and home economics subjects; to apportion the federal aid for preparing such persons to the institution or institutions so designated; and to apportion from the funds appropriated for the maintenance of such institution or institutions a sum equal to such federal aid, such funds so apportioned to be used exclusively in the preparation of such teachers, supervisors and instructors as herein provided; and in other ways to cooperate with the state board in carrying out the provisions of this article. 2. The State Board of Education may approve upon the recommendation of the president of the board, high schools which shall maintain departments for the teaching of vocational agriculture, home economics, and trades and industries. Provided, that the State Board of Education shall out of the monies hereinafter appropriated reimburse from federal and state funds such schools as may be approved by the State Board of Education for the maintenance of departments in high schools for the teaching of vocational agriculture and home economics. Provided further, that the State Board of Education shall reimburse from said funds available such high schools as may maintain departments for the teaching of trades and industries under the regulations prescribed by the State Board, and the Federal Board for vocational education. 3. The aid so disbursed to the different schools of the state shall be divided equitably among the schools approved by the board and shall not exceed the cost of maintenance of such department and shall in no way be used to defray the expenses of installation of permanent equip ment. 4. The State Board of Education is hereby authorized and empowered to cooperate with the federal board for vocational education in the administration of the provisions of the federal act relating to vocational rehabilitation of persons disabled in industry or otherwise, and is empowered and directed to adopt rules and regulations relative to the qualifications of persons who may become beneficiaries of this act; to prescribe and provide such courses of vocational training as may be necessary for the vocational rehabilitation of persons disabled in industry or otherwise, and to provide for the supervision of such training. It shall also be the duty of the State Board of Education and the Industrial Commissioner of the state to formulate a plan of cooperation in accordance with the provisions of this act and of said act of Congress, such plan to become effective when approved by the Governor of the State. 5. The State Board of Education shall have authority to appoint upon the recommendation of the Superintendent of Public Instruction such officers and assistants as he may deem necessary to properly administer the federal acts and this act of the State of South Dakota and to fix the compensation of the executive officer and of such officers and assistants and to pay such compensation and necessary expenses of such officials and assistants from the funds as hereinafter provided. Provided, further, that the executive officer of the State Board of Education shall receive a salary of Six Hundred Dollars ($600.00) a year for his services as such, payable in twelve monthly installments. Section 2. That Section 7410 of the Revised Code of 1919 as amended by Chapter 184 of the Session Laws of 1919 be amended to read as follows: Section 7410. Appropriation, Custodian of Funds.] 1. The aid so disbursed to the different schools of the state and to persons who may become beneficiaries under the vocational rehabilitation act and all other expenses incurred in administering the provisions of this act and of the aforementioned federal acts, shall be paid out of the funds of the Department of Public Instruction appropriated for that purpose and from the federal funds allotted to the State of South Dakota for similar purposes. Provided, that not more than Five Thousand ($5,000.00) Dollars annually shall be paid from the aforementioned state funds for the administration of the provisions of this act for purposes other than as state aid to schools. 2. The State Treasurer shall be custodian of all monies paid to the state from federal appropriations for the promotion of vocational education, and shall disburse the same upon warrants from the State Auditor issued upon the certificate of the Superintendent of Public Instruction. The State Board of Education shall, on or before the last Tuesday in July authorize the Superintendent of Public Instruction to certify to the State Auditor the amount apportioned as state and federal aid to each school approved under the provisions of this act. The State Auditor shall upon the receipt of such certificate draw warrants on the state treasury in favor of the secretary of the board of education or clerk of the school district for the sum so specified for the different school districts of the state approved by the State Board of Education. 3. Any claims for aid under the provisions of the vocational rehabilitation act, and any claims for state and federal aid from schools in excess of the appropriation provided for state and federal aid for agriculture and home economics, which shall be incurred prior to July 1, 1921, shall be paid out of the funds of the Department of Public Instruction, appropriated as state aid to rural and consolidated schools for the fiscal year ending June 30, 1921. Section 4. Whereas, there is no legal provision in the statutes of the State of South Dakota for the administration of the federal act relating to vocational rehabilitation of persons injured in industry or otherwise, therefore, this act is declared necessary to the support of the state government and its existing institutions and an emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage and approval. 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. A. BURKHART, Secretary of State. Embalming CHAPTER 216. (H. B. 133.) RELATING TO STATE BOARD OF EMBALMERS. AN ACT Entitled, An Act to Amend Section 7779 of the South Dakota Revised Code of 1919, Relating to the State Board of Embalmers. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 7779 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows: Section 7779. Board Membership.] The State board of embalmers shall consist of the president and secretary of the state board of health, and three persons who shall be practical and practicing embalmers, one of whom shall be a resident of the Black Hills section of the state, the said persons each to hold office for the term of three years, or until their successors are appointed and qualified. All appointments on said board to fill vacancies however caused shall be made by the Governor from nominations of six or more qualified candidates to be filed with the Governor by the South Dakota Funeral Directors Association. Approved February 25, 1921. Embezzlement CHAPTER 217. (H. B. 10) RELATING TO EMBEZZLEMENT. AN ACT Entitled, An Act to Amend Section 4229 of the South Dakota Revised Code of 1919, Relating to Embezzlement. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 4229 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows: "Section 4229. When Trustee Is Guilty of Embezzlement." If any person being a trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator or collector, or being otherwise intrusted with or having in his control property for the use of any other person or persons or for any public or benevolent purpose, fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with the fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than that for which |