State Engineer CHAPTER 86. (S. B. 27.) RELATING TO THE OFFICE OF STATE ENGINEER. AN ACT Entitled, An Act to Amend Sections 8183 and 8184 of the South Dakota Revised Code of 1919, Relating to the State Engineer, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 8183 of the South Dakota Revised Code of 1919 be and it is hereby amended to read as follows: Section 8183. Appointment, Qualifications, General Powers, Salary.] The State Engineer shall be a technically qualified and experienced civil and hydraulic engineer, appointed by the Governor and confirmed by the Senate, who shall hold office for the term of four years from and after his appointment, or until his successor shall have been appointed and shall have qualified, and be subject to removal by the Governor; he shall have general supervision of the waters of the State, and the measurements, appropriation and distribution thereof, and shall perform such other duties as may be prescribed by law; and shall receive a salary of not to exceed thirty-six hundred dollars per annum. office of the State Engineer shall be located at the seat of government. Section 2. That Section 8184 of the South Dakota Revised Code of 1919 be and it is hereby amended to read as follows: The Section 8184. Deputy, Heating Engineer, Assistants.] The State Engineer may appoint a deputy, a heating engineer and not to exceed five assistants, and purchase all materials and supplies for the proper conduct and maintenance of his office, except such supplies as are under the supervision of the Commissioner of Public Printing and the Superintendent of the Capitol. The deputy state engineer shall have all the authority of the State Engineer. The deputy State engineer and the heating engineer shall each rceive a salary of not more than twenty-five hundred dollars per annum. Section 3. Whereas, this Act is necessary for the support of the State Government and its existing public institutions, an emergency is hereby declared to exist and this Act shall be in full force and effect from and afted its passage and approval. Approved July 2, 1920. State Funds CHAPTER 87. (H. B. 21.) RELATING TO FOREST RESERVE FUNDS. AN ACT Entitled, An Act to Amend Section 8048 of the Revised Political Code of 1919, Pertaining to the Distribution of the Forest Reserve Fund, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 8048 of the Revised Political Code of 1919 be amended to read as follows: "Section 8048. Funds Distributed.] All money now in the hands of the State Treasurer in the special forest reserve fund, received from the forest service of the United States under the Agricultural Act approved June 30, 1906, together with all subsequent receipts from the Black Hills Forest Reserve, shall be distributed annually to the counties of Lawrence, Meade, Pennington, Custer and Fall River, for the benefit of the public roads and public schools of such counties, in proportion to the area of such Black Hills Forest Reserve in each county, and all money hereafter received by the State Treasurer as a percentage of the gross receipts from the Cave Hills, Short Pine and Slim Butte Forest Reserves shall be annually paid to Harding County for the benefit of the public roads and public schools of such county; provided, that there shall not be paid to any county an amount equal to more than forty per cent of the total income of such county, from all sources." Section 2. Whereas, there in now in the State Treasury in the said Forest Reserve Fund apportioned to said Fall River County a certain sum of money which same can not be paid until said Section 8048 shall have been amended as in this Act provided, wherefore, 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 June 30, 1920. CHAPTER 88. PROVIDING FOR TEMPORARY TRANSFER OF STATE FUNDS. AN ACT Entitled, An Act Providing for the Temporary Transfer of Funds in the State Treasury, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. Temporary Transfer of Funds.] Whenever moneys shall have been actually provided for any funds of the State by levy of taxes, sale of bonds or warrants, or otherwise, and such moneys shall Laws-7. not have been actually collected and covered into the State Treasury, but concerning the receipt of which moneys there can be no question, the State Board of Finance are authorized, by a unanimous vote to anticipate the receipt of such moneys into such fund by drawing temporarily upon the moneys in any other fund of the State for which there shall not be immediate use. Any fund temporarily depleted by virtue of the foregoing provision shall be fully restored within nine months after a draft of same for another fund shall have been made, and the moneys coming into the latter fund shall first be used to restore such depletion. The board shall provide for reimbursing the fund from which funds are temporarily withdrawn. The books of the State Treasurer shall at all times show the true amount of moneys in any particular fund, as well as any temporary withdrawal therefrom. Section 2. Whereas, this Act is necessary for the immediate support of the State Government and its existing public 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 June 30, 1920. State Highway Commission CHAPTER 89. (S. B. 51.) AMENDING STATE HIGHWAY COMMISSION ACT. AN ACT Entitled, Ap Act to Amend Sections 5, 15, 32, 33, 44, 54, 56, 58, 64 and 68 of Chapter 333 of the Session Laws of 1919, Relating to the Use of State Highway Funds, Federal Aid Funds and Motor Vehicle Funds, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Sections 5, 15, 32, 33, 44, 54, 56, 58, 64 and 68 of Chapter 333 of the Session Laws of 1919 be and the same are hereby amended to read as follows: Section 5. The salary and expenses of the Highway Commission, Engineer, deputies, assistants and employees, their necessary expenses, and the expense of maintaining the office of the Highway Commission shall be paid by the State Treasurer from the State Highway funds after the same have been duly audited by the State Auditor; and so much of said state highway funds as is necessary for said purpose is hereby annually appropriated from said state highway funds for said purpose. Section 15. The Board of County Commissioners shall, within ninety days after the passage of this Act employ a County Highway Superintendent at a compensation not less than $1,200.00 per annum and all expenses actually and necessarily incurred in the performance of his duties to be paid out of the general funds of the county, as may be fixed by the Board of County Commissioners, provided that the County Highway Superintendent shall not hold any other public office within the county, or receive any compensation, salary or fees from any public source while acting in said capacity, and that all appointments of County Highway Superintendent shall be approved by the Highway Commission, provided that no member of the Board of County Commissioners shall be appointed as County Highway Superintendent. The term of office of the County Highway Superintendent shall be for two years. The County Highway Superintendent shall have charge of all road construction and maintenance in the county, subject to the approval of the Board of County Commissioners. In case of a disagreement between the County Superintendent of Highways and the Board of County Commissioners an appeal may be taken to the Highway Commission whose decision shall be final. The County Highway Superintendent shall be provided with a suitable office by the county and shall file a bond to the county for the faithful performance of his duties in a sum not less than two thousand dollars ($2,000.00) nor more than five thousand dollars ($5,000.00) to be fixed by resolution by the Board of County Commissioners. The tenure of office of any County Highway Superintendent may be terminated by the Board of County Commissioners for cause with the approval of the Highway Commission or by the Highway Commission for incompetency. Section 32. All bridges, abutments and approaches or repairs to bridges hereafter required in any county of this State, shall be constructed in accordance with plans and specifications therefor, which shall be prepared by the State Highway Commission and which shall show and describe the style and size thereof, the kind, weight and quality of all materials to be used in their construction and the proper proportion of the ingredients for mixture and reinforcements. Upon determining the necessity of any such bridge, abutments, repairs or approaches, the County Commissioners shall immediately cause to be filed in the office of the County Auditor of such county, complete plans and specifications thereof, as above described, and thereafter, if such bridges, abutments, repairs or approaches be let by contract, bids in lump sum shall be procured on each bridge or piece of work separately, except that all material for use in constructing foundations or abutments shall be bid on per cubic yard for concrete, per foot board measure for lumber, per pound for steel, and per lineal foot for piling driven, said unit prices to be added to or deducted from the contract price, if more or less material is required in such foundation than specified in the plans and specifications. All bids shall be submitted in sealed envelopes and shall be opened by the County Commissioners in the office of the County Auditor at the county seat of each county, at the hour of two o'clock P. M. on the date advertised for receiving such bids. "Contracts shall be awarded on each bridge, or piece of work, separately, to the lowest bidder and the County Commissioners shall have the right to reject any and all bids and advertise for new bids. It shall be the duty of the County Commissioner of such county to cause to be published in the official papers of such county, for a period of fifteen days immediately prior to the opening of sealed bids, a brief notice to the effect that at the time and place above specified they will open all sealed bids theretofore received for all bridge abutments and approaches or repairs to bridges required by such county during the ensuing month or longer. Each bid shall be made in accordance with the plans and specfications on file and shall be accompanied by a certified check, in the sum of ten per cent of the total amount of such bid. To be effectual for any purpose said bid and certified check shall be securely enclosed in a sealed envelope and deposited with the County Auditor of the proper county before the hour of opening the sealed bids." Provided, that any county of this State may build its own bridges, abutments, approaches and foundations, and make repairs to same by day labor without advertising for bids on any such piece of work. Section 33. Promptly at the hour specified, the Board of County Commissioners in open session shall proceed to examine all sealed bids and notify the successful bidder that his bid has been accepted, subject to the approval of the Highway Commission as hereinafter provided for. Upon being so notified, the successful bider shall forthwith enter into a contract with such county in accordance with his bid, and such successful bid together with the plans and specifications upon which such bid was based shall be deemed a part of the contract. At the time of entering into said contract, the contractor shall execute to the county a satisfactory bond with sufficient surety, to be approved by the Board of County Commissioners, or a certified check in the total sum of the contract, conditioned that the contractor will fulfill his contract according to the plans and specifications and account for all moneys paid to him, and pay all bills and claims on account of labor or material furnished in and about the performance of said contract, including all demands of sub-contractors, and said bond or certified check shall stand as security for the faithful performance of said contract and for the payment of all such bills, claims and demands. Said contract and bond or certified check shall be filed in the office of the County Auditor. Should any bidder fail or refuse, for a period of ten days thereafter, to enter into such a contract, the Board of County Commissioners shall award the contract in the same manner to the next lowest responsible bidder and such delinquent bidder shall forfeit to the county the certified check accompanying his bid. Upon the execution of all contracts including the approving of the same by the Highway Commission if necessary, the Board of County Commissioners shall promptly cause to be returned to all bidders the certified check accompanying their sealed bid. Before any contract for a bridge or piece of work, entered into by and between any successful bidder and the Board of County Commissioners, the total amount of which shall exceed the sum of two thousand dollars ($2,000.00), shall be valid, it must first have the approval of the Highway Commission. If said commission finds upon examination of the contract that the contract price is too high, taking into account the material used and existing circumstances, it shall be the duty of said Highway Commission to inform the Board of County Commissioners of its reason for rejecting such contract and to advise a method of proceeding in the matter. In all cases where bids are rejected as being too high, the work may be let at private contract if so recommended and approved by the Highway Commission. It shall be the duty of the States Attorney to draw all contracts let under the provisions of this Act, and to approve the execution thereof, together with the form and execution of all bonds and certified checks given as security for such contract. Section 44. There shall be designated and adopted for the State of South Dakota a system of State trunk highways, and the Highway Commission shall as soon as practicable after the passage of this Act lay out a system of main traveled highways, interconnecting every county seat and connecting every city with a population of seven hundred fifty or more as determined by the State's census of 1915, which system of highways when laid out and approved by the Highway Commission, shall be known as the State Trunk Highway System, provided, however, the total mileage of all roads and streets included in the State Trunk Highway System shall not be more than six thousand miles. Prospective roads as |