reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-15 - Officers and appointees--Clerical and other employees--Salaries.

33-1-15. Officers and appointees--Clerical and other employees--Salaries.
The adjutant general shall appoint all officers and appointees of the Department of the Military. The adjutant general may employ such clerical and other employees and assistants as the adjutant general deems necessary for the proper transaction of the business of the department and fix their salaries except as otherwise provided by law.
Source: SL 1955, ch 150, §4; SDC Supp 1960, §41.01A04; SL 2007, ch 187, §7; SL 2011, ch 1 (Ex. Ord. 11-1), §18, eff. Apr. 12, 2011; SL 2023, ch 108, §2.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-16 - Rank of staff assistants--Compensation and traveling expenses.

33-1-16. Rank of staff assistants--Compensation and traveling expenses.
Staff assistants in the Department of the Military shall be commissioned by the Governor and have such rank in the general staff of the National Guard as the Governor provides in the commission of each. Such staff officers are not entitled to any stated monthly or annual salary, but if employed on detailed duty by order of the commander in chief, they shall receive the usual compensation of their rank, unless otherwise directed by the Governor, and any traveling expenses authorized by §3-9-2, audited by the adjutant general and approved by the Governor.
Source:
SL 1903, ch 185, §5; SL 1913, ch 267, §5; SL 1917, ch 297, §7; RC 1919, §10554; SDC 1939, §41.0107; SL 1947, ch 180, §3; SL 1964, ch 115, §1; SL 1986, ch 27, §21; SL 2007, ch 187, §8; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-21 - Federally designated holidays to be observed.

33-1-21. Federally designated holidays to be observed.
With the approval of the adjutant general all military and civilian employees of the Department of the Military shall observe the holidays designated by the federal government in lieu of the enumerated holidays in §1-5-1.
Source:
SL 1969, ch 172, §1; SL 2007, ch 187, §10; SL 2011, ch 1 (Ex. Ord. 11-1), §18, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 02 - State Militia › Section 33-2-1 - Governor as commander of militia--Organized portion as South Dakota National Guard.

33-2-1. Governor as commander of militia--Organized portion as South Dakota National Guard.
The Governor is the commander in chief of the militia of the state, the organized portion of which is known as the South Dakota National Guard.
Source:
PolC 1877, ch 30, §3; SL 1887, ch 100, §5; CL 1887, §1921; SL 1893, ch 117, §3; SL 1901, ch 176, §2; RPolC 1903, §2463; SL 1903, ch 185, §1; SL 1913, ch 267, §1; SL 1917, ch 297, §1; RC 1919, §10548; SDC 1939, §41.0101; SL 2007, ch 187, §11.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 02 - State Militia › Section 33-2-2 - Composition of militia--National guard and unorganized militia.

33-2-2. Composition of militia--National Guard and unorganized militia.
The militia of the state consists of all able-bodied qualified residents of the state, and those nonresidents who are accepted into service, who are within the age limits currently authorized by the Department of Defense for enlisted personnel in the active components of the United States armed forces. The militia is divided into two classes: the National Guard and the unorganized militia.
Source:
PolC 1877, ch 30, §1; SL 1887, ch 100, §1; CL 1887, §1917; RPolC 1903, §2459; SL 1903, ch 185, §2; SL 1913, ch 267, §2; SL 1917, ch 297, §2; RC 1919, §10549; SDC 1939, §41.0102; SL 1947, ch 180, §1; SL 2007, ch 187, §12.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 02 - State Militia › Section 33-2-3 - Persons exempt from military duty--Circumstances under which exemption is inapplicable.

33-2-3. Persons exempt from military duty--Circumstances under which exemption is inapplicable.
The following persons are exempt from military duty:
(1)All persons in the armed forces or volunteer force of the United States and those who have been honorably discharged therefrom;
(2)All persons who have served in the South Dakota National Guard for the term of six years and have been honorably discharged. Exempted persons specified in this section are liable to military duty in case of war, insurrection, or invasion, or imminent danger thereof.
Source:
SL 1917, ch 297, §4; RC 1919, §10551 (1); SDC 1939, §41.0104 (1); SL 2007, ch 187, §13.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 02 - State Militia › Section 33-2-4 - Conscientious objectors as exempt--Persons exempt by laws of United States.

33-2-4. Conscientious objectors as exempt--Persons exempt by laws of United States.
The following persons are exempt from military duty:
(1)Any member of any well recognized religious sect or organization, organized and existing before March 1, 1917, whose creed forbids its members from participating in war in any form, and whose religious convictions are against war or participation in war, in accordance with the creed of the religious organization; and
(2)Any person who is exempted by the laws of the United States.
Source:
SL 1917, ch 297, §4; RC 1919, §10551 (3); SDC 1939, §41.0104 (3); SL 2007, ch 187, §14.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 02 - State Militia › Section 33-2-6 - Circumstances under which militia may be put in actual service.

33-2-6. Circumstances under which militia may be put in actual service.
The Governor may order out from time to time, for actual service, as many of the militia as necessary to execute the laws, preserve order, suppress insurrection, repel invasion, and provide disaster relief assistance.
Source:
PolC 1877, ch 30, §§6, 7; SL 1887, ch 100, §3; CL 1887, §1919; RPolC 1903, §2461; SL 1903, ch 185, §§4, 62; SL 1913, ch 267, §4; SL 1917, ch 297, §6; RC 1919, §10553; SDC 1939, §41.0105; SL 1949, ch 152; SL 2007, ch 187, §16.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 02 - State Militia › Section 33-2-7 - Ranking officer as commander of troops in service--Citizenship requirement.

33-2-7. Ranking officer as commander of troops in service--Citizenship requirement.
If any troops are in the field for the purposes mentioned in §33-2-6, the senior ranking officer of the troops present shall take command. However, no person is eligible for a command in the militia of this state unless that person is a citizen of the United States.
Source:
PolC 1877, ch 30, §6; SL 1887, ch 100, §3; CL 1887, §1919; RPolC 1903, §2461; SL 1903, ch 185, §4; SL 1913, ch 267, §4; SL 1917, ch 297, §6; RC 1919, §10553; SDC 1939, §41.0105; SL 1949, ch 152; SL 2007, ch 187, §17.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 02 - State Militia › Section 33-2-8 - Law governing militia in active service.

33-2-8. Law governing militia in active service.
The militia, while in active service, shall be governed by the military law of the state.
Source:
PolC 1877, ch 30, §6; SL 1887, ch 100, §3; CL 1887, §1919; RPolC 1903, §2461; SL 1903, ch 185, §4; SL 1913, ch 267, §4; SL 1917, ch 297, §6; RC 1919, §10553; SDC 1939, §41.0105; SL 1949, ch 152; SL 2012, ch 173, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 02 - State Militia › Section 33-2-9 - Pay during active service.

33-2-9. Pay during active service.
When in active service of the state, pursuant to the order of the Governor, the compensation and expenses of the militia and claims of the members thereof for injury or illness incurred in line of duty, shall be paid out of any funds in the state treasury not otherwise appropriated.
Source:
SDC 1939, §41.0106.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-2 - Personnel comprising National Guard.

33-3-2. Personnel comprising National Guard.
The National Guard shall be organized, armed, and equipped as provided in this title and shall consist of the following:
(1)The members of the regularly enlisted militia who are within the age limits authorized by the Department of Defense; and
(2)All commissioned and warrant officers who are within the age limits authorized for such officers.
The adjutant general is a member of the National Guard but is exempt from the age requirements set forth in this title.
Source:
PolC 1877, ch 30, §8; SL 1887, ch 100, §4; CL 1887, §1920; SL 1893, ch 117, §2; SL 1901, ch 176, §1; RPolC 1903, §2462; SL 1913, ch 267, §12; SL 1917, ch 297, §3; RC 1919, §10550; SDC 1939, §41.0103; SL 1947, ch 180, §2; SL 2007, ch 187, §19.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-3 - Composition of military units--Authorization for units by President of United States.

33-3-3. Composition of military units--Authorization for units by President of United States.
The military units of the National Guard shall be composed and organized, except as otherwise specifically provided, the same as the armed forces of the United States subject in time of peace to such general exceptions as may be authorized by the secretary of defense. No unit or organization of the South Dakota National Guard and no unit of any branch or arm of the service may be maintained in the state, except as authorized by the President of the United States and recognized by the secretary of defense.
Source:
SL 1913, ch 267, §13; SL 1917, ch 297, §15; RC 1919, §10567; SDC 1939, §41.0120; SL 2007, ch 187, §20.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-5 - Recognition of units by Department of Defense.

33-3-5. Recognition of units by Department of Defense.
The Governor may muster and present to the Department of Defense for recognition organizations and units authorized by applicable federal law and regulations.
Source:
SL 1917, ch 297, §14; RC 1919, §10566; SDC 1939, §41.0119; SL 2007, ch 187, §22.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-6 - Emergency mustering of National Guard.

33-3-6. Emergency mustering of National Guard.
The Governor may, in case of war, insurrection, invasion, riot, or imminent danger, increase the National Guard force beyond the maximum established by law and may organize and muster the additional forces with proper officers, as the exigency of the service requires and the President authorizes.
Source:
SL 1887, ch 100, §7; CL 1887, §1923; RPolC 1903, §2465; SL 1903, ch 185, §19; SL 1913, ch 267, §14; SL 1917, ch 297, §16; RC 1919, §10569; SDC 1939, §41.0122; SL 2007, ch 187, §23.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-7 - Recruiting additional authorized units.

33-3-7. Recruiting additional authorized units.
If the President authorizes the recruiting and presentation for muster of a unit or organization of any arm of the service, the recruiting of the unit or organization shall be done in accordance with the rules promulgated by the Governor pursuant to chapter 1-26.
Source:
SL 1917, ch 297, §36; RC 1919, §10596; SDC 1939, §41.0148; SL 2007, ch 187, §24.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-8 - Location of units--Disbanding or reducing size of units.

33-3-8. Location of units--Disbanding or reducing size of units.
The Governor may determine and fix the location of the units and headquarters of the South Dakota National Guard. However, no organization of the National Guard whose members are entitled to and have received compensation under the provisions of any act of Congress may be disbanded without the consent of the President. The commissioned or enlisted strength of any such organization may not be reduced below the minimum prescribed for the organization by the President without the consent of the President.
Source:
SL 1917, ch 297, §16; RC 1919, §10569; SDC 1939, §41.0122; SL 2007, ch 187, §25.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-9 - Organization, equipment, and discipline of National Guard--Federal requirements.

33-3-9. Organization, equipment, and discipline of National Guard--Federal requirements.
The organization, armament, equipment, and discipline of the National Guard, except as specifically provided in this title, are the same as prescribed under the provisions of applicable federal law for the National Guard. To the extent that the provisions of federal law allow discretion, the Governor may issue orders governing the organization, armament, equipment, and discipline of the National Guard.
Source:
SL 1917, ch 297, §15; RC 1919, §10567; SDC 1939, §41.0120; SL 2007, ch 187, §26.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-10 - Discipline and training.

33-3-10. Discipline and training.
The discipline and training of the National Guard shall conform to the system prescribed in this title.
Source:
SL 1887, ch 100, §35; CL 1887, §1951; RPolC 1903, §2490; SL 1903, ch 185, §79; SL 1917, ch 297, §49; RC 1919, §10609; SDC 1939, §41.0160; SL 2007, ch 187, §27; SL 2012, ch 173, §2.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-11 - Orders issued by governor--Federal requirements.

33-3-11. Orders issued by governor--Federal requirements.
The Governor may issue such orders as may be necessary for the government, organization, and discipline of the militia and of the national guard, as provided for in this title or as provided by the rules and regulations for the armed forces of the United States or as issued by the secretary of defense.
Source:
SL 1887, ch 100, §36; CL 1887, §1952; SL 1903, ch 185, §56; SL 1917, ch 297, §84; RC 1919, §10644; SDC 1939, §41.0191; SL 1986, ch 272, §2; SL 1990, ch 263, §8.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-12 - Applicability of federal regulations.

33-3-12. Applicability of federal regulations.
The South Dakota National Guard is subject to this title and all orders authorized by this title and rules promulgated pursuant to this title in accordance with the provisions of chapter 1-26. In all matters not specifically covered by this title or by such orders or rules, the National Guard is subject to the applicable regulations of the Department of Defense governing the organized militia and the National Guard, to the Uniform Code of Military Justice, and to the applicable regulations of the armed forces of the United States.
Source:
SL 1887, ch 100, §§35, 36; CL 1887, §§1951, 1952; RPolC 1903, §2490; SL 1917, ch 297, §84; RC 1919, §10644; SDC 1939, §41.0191; SL 1986, ch 272, §3; SL 2007, ch 187, §28.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-13 - General efficiency of National Guard--Duty of adjutant general.

33-3-13. General efficiency of National Guard--Duty of adjutant general.
The adjutant general, by direction of the Governor, may cause members of the National Guard to perform any lawful military duty. The adjutant general is responsible to the Governor for the general efficiency of the National Guard and for the drill, instruction, inspection, small arms and artillery practice, movements, operations, and care of the troops.
Source:
SL 1913, ch 267, §35; SL 1917, ch 297, §9; RC 1919, §10558; SDC 1939, §41.0112; SL 1967, ch 171, §1; SL 2007, ch 187, §29.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-14 - Duty of subordinate commanding officers.

33-3-14. Duty of subordinate commanding officers.
Commanding officers of organizations of the national guard shall be responsible to their immediate commanders for the equipment, drill, instruction, movements, and efficiency of their respective commands.
Source:
SL 1913, ch 267, §35; SL 1917, ch 297, §9; RC 1919, §10558; SDC 1939, §41.0112; SL 1967, ch 171, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-15 - Duty of other officers and enlisted men--Preservation of property.

33-3-15. Duty of other officers and enlisted men--Preservation of property.
All commissioned officers and enlisted men of the national guard shall be responsible to their immediate commanding officers for prompt and unhesitating obedience, proper drill, and the preservation and proper use of the property of the state or of the United States, or of the organization, in their possession.
Source:
SL 1913, ch 267, §35; SL 1917, ch 297, §9; RC 1919, §10558; SDC 1939, §41.0112; SL 1967, ch 171, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-21 - Marking ground selected for guard activity--Obstruction of travel--Trespassers--Misdemeanor.

33-3-21. Marking ground selected for guard activity--Obstruction of travel--Trespassers--Misdemeanor.
The commanding officer of any parade or drill of the National Guard, and the officer in charge of any rendezvous or camp, may cause the area selected for that purpose to be marked and designated in such manner as not unnecessarily to obstruct travel on any public highway. If any person, during the occupation of the area for military purposes, enters the designated area without the permission of the officer, the person may be arrested and kept under guard by order of the officer until such reasonable time as necessary to procure the person's arrest by the civil authorities. Any such offender is also guilty of a Class 2 misdemeanor.
Source:
SL 1903, ch 185, §29; SL 1917, ch 297, §39; RC 1919, §10599; SDC 1939, §41.0150; SL 1977, ch 190, §1; SL 2007, ch 187, §30.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-22 - Interfering with National Guard members in performance of duty--Misdemeanor.

33-3-22. Interfering with National Guard members in performance of duty--Misdemeanor.
If any person intercepts, molests, insults, or abuses any officer or enlisted member of the National Guard while in the performance of the member's military duty, the person may be immediately arrested and kept confined, in the discretion of the commanding officer of the force engaged in such duty, until sunset of the same day on which the offense is committed, or for such reasonable time as may be necessary to procure the person's arrest by the civil authorities. Any such offender is also guilty of a Class 1 misdemeanor.
Source:
SL 1903, ch 185, §29; SL 1917, ch 297, §39; RC 1919, §10599; SDC 1939, §41.0150; SL 1977, ch 190, §2; SL 2007, ch 187, §31.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-23 - Target practice--Competition.

33-3-23. Target practice--Competition.
The Governor may order target practice as the allowance of ammunition will permit and shall offer suitable medals, badges, or trophies, to be inscribed and given in the name of the state, to the persons and organizations who, upon competition, show their superior attainments as marksmen. The provisions of this section shall be carried out under orders and regulations issued by the Governor.
Source:
SL 1887, ch 100, §40; CL 1887, §1956; RPolC 1903, §2494; SL 1903, ch 185, §54; SL 1917, ch 297, §82; RC 1919, §10642; SDC 1939, §41.0190; SL 1979, ch 229; SL 2007, ch 187, §32.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-28 - Military personnel authorized to administer oaths.

33-3-28. Military personnel authorized to administer oaths.
Any officer or warrant officer of the South Dakota National Guard who is commissioned in, assigned, or detailed to duty as the adjutant general, the assistant adjutant general, the adjutant, assistant adjutant, or personnel adjutant of any command, any judge advocate, the trial counsel or assistant trial counsel of a general or special court-martial, the president or recorder of any court-martial or military board, any commissioned officer commanding any unit or separate detachment, and any officer or warrant officer detailed to make an investigation, may administer oaths for the purpose of the administration of military justice and for other purposes required for the administration of the national guard. Any such officer has the general powers of a notary public in the administration of oaths, the attestation of documents, and all other forms of notarial acts to be executed by members of the national guard, their dependents, and any other person in the administration of the military laws of the state or necessary for the preparation for or the accomplishment of the missions of the national guard in either state or federal service. Notarial acts performed under this section are exempt from the requirements for a seal specified in §18-1-3.1. The signature of the officer taking acknowledgments or sworn instruments, together with the title of his office, constitutes prima facie evidence of the officer's authority. However, no fee may be charged or collected by any officer mentioned in this section for the performance of any notarial act herein authorized. All commissioned officers and warrant officers of the armed forces of the United States may administer oaths of enlistment or appointment of any person in the armed forces of the United States.
Source:
SL 1903, ch 185, §61; SL 1913, ch 267, §25; SL 1917, ch 297, §31; RC 1919, §10585; SDC 1939, §41.0137; SL 1951, ch 205; SL 1987, ch 247, §1; SL 1991, ch 265, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 03 - Organization And Training Of National Guard › Section 33-3-29 - Awards to outstanding members of guard authorized.

33-3-29. Awards to outstanding members of guard authorized.
The adjutant general, from the funds appropriated for the support and maintenance of the national guard, shall procure and issue to the members and former members of the national guard, entitled thereto by reason of heroic and outstanding acts or accomplishments in connection with their service in the national guard of this state, decorations, medals, trophies, badges, ribbons, and awards, under such regulations and according to the design and pattern thereof, as may be determined by the adjutant general.
Source:
SL 1961, ch 208.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 04 - National Guard Officers › Section 33-4-1 - Officers commissioned at discretion of Governor--Examination--Oath of office.

33-4-1. Officers commissioned at discretion of Governor--Examination--Oath of office.
All officers of the National Guard shall be commissioned by the Governor, at the Governor's discretion, upon the recommendation of the adjutant general. However, no person may be commissioned as an officer unless the person has been examined and adjudged qualified to be an officer by an examining board. The composition, appointment, and examining procedure of the board and the nature and scope of the examinations shall be prescribed by federal law or regulation or by rules promulgated by the adjutant general pursuant to chapter 1-26, as the circumstance dictates. No person may be recognized as an officer unless the person has been duly commissioned and has taken the oath of office as prescribed in §33-4-9.
Source:
PolC 1877, ch 30, §§14, 16; SL 1887, ch 100, §§6, 32; CL 1887, §§1922, 1948; SL 1893, ch 117, §4; RPolC 1903, §2464; SL 1903, ch 185, §§22, 45; SL 1913, ch 267, §16; SL 1917, ch 297, §19; RC 1919, §10572; SDC 1939, §41.0125; SL 2007, ch 187, §34.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 04 - National Guard Officers › Section 33-4-2 - Citizenship and qualifications--Previous expulsion from service.

33-4-2. Citizenship and qualifications--Previous expulsion from service.
Any commissioned officer of the National Guard shall be a citizen of the United States and be either a qualified resident of this state or a nonresident who is accepted into service of the South Dakota National Guard. Any commissioned officer shall further meet the qualifications prescribed by federal law and the regulations of the Department of Defense. No person who has been expelled from or has received a less than honorable discharge from any branch of the armed forces of the United States or from any military organization of any state may be commissioned.
Source:
SL 1913, ch 267, §17; SL 1917, ch 297, §20; RC 1919, §10573; SDC 1939, §41.0126; SL 1969, ch 168; SL 2007, ch 187, §35.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 04 - National Guard Officers › Section 33-4-5 - Additional requirements.

33-4-5. Additional requirements.
Except as specifically excluded by statute or military regulation, any person commissioned as an officer in the National Guard shall meet the requirements for federal recognition and appointment to the identical rank and position in the National Guard as is required for persons serving on active duty in the armed forces.
Source:
SL 1913, ch 267, §17; SL 1917, ch 297, §20; RC 1919, §10573; SDC 1939, §41.0126; SL 2007, ch 187, §38.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 04 - National Guard Officers › Section 33-4-8 - Appointment of officers for new organization.

33-4-8. Appointment of officers for new organization.
If the Governor desires to create a new organization of the National Guard, the Governor may appoint all the officers necessary to commence and complete the organization.
Source:
SL 1913, ch 267, §18; SL 1917, ch 297, §21; RC 1919, §10574; SDC 1939, §41.0127; SL 2007, ch 187, §41.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 04 - National Guard Officers › Section 33-4-9 - Oath of office.

33-4-9. Oath of office.
Commissioned officers of the national guard shall take and subscribe to the following oath of office: "I, _______, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of South Dakota, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of South Dakota; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of _______, in the National Guard of the United States and of the State of South Dakota, upon which I am about to enter, so help me God."
Source:
PolC 1877, ch 30, §22; SL 1887, ch 100, §32; CL 1887, §1948; RPolC 1903, §2487; SL 1917, ch 297, §24; RC 1919, §10577; SDC 1939, §41.0130.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 04 - National Guard Officers › Section 33-4-10 - Issuance of commissions--Filing of oath.

33-4-10. Issuance of commissions--Filing of oath.
The Governor shall issue commissions to all officers of the National Guard appointed by the Governor. Every commission shall be signed by the Governor and attested by the adjutant general. Each officer so commissioned shall take and file with the adjutant general the oath of office prescribed in §33-4-9.
Source:
SL 1917, ch 297, §30; RC 1919, §10584; SDC 1939, §41.0136; SL 2007, ch 187, §42.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 04 - National Guard Officers › Section 33-4-12 - Board of Examiners--Promulgation of rules.

33-4-12. Board of Examiners--Promulgation of rules.
The Governor may appoint and detail a board to be known as the Board of Examiners for the purpose of determining the fitness of officers of the National Guard and applicants for office, and for promotion of officers. The board shall promulgate rules pursuant to chapter 1-26 governing its procedure.
Source:
SL 1917, ch 297, §93; RC 1919, §10653; SDC 1939, §41.0199; SL 1986, ch 272, §5; SL 2007, ch 187, §44.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 05 - National Guard Enlisted Members › Section 33-5-1 - Qualifications and procedures for enlistment.

33-5-1. Qualifications and procedures for enlistment.
Any person who is a citizen of the United States, or has declared the intention to become a citizen, who is within the age limits currently authorized by the Department of Defense for enlistment in the active components of the United States armed forces, may be enlisted in the South Dakota National Guard under the restrictions of this title. The qualifications and procedures for enlistment are the same as those prescribed for admission to the reserve components of the armed forces of the United States.
Source:
PolC 1877, ch 30, §12; SL 1887, ch 100, §15; CL 1887, §1931; SL 1893, ch 117, §7; RPolC 1903, §2473; SL 1913, ch 267, §26; SL 1917, ch 297, §32; RC 1919, §10586; SDC 1939, §41.0138; SL 1947, ch 180, §5; SL 1972, ch 186, §1; SL 2007, ch 187, §52.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 05 - National Guard Enlisted Members › Section 33-5-10 - Change of residence within state.

33-5-10. Change of residence within state.
If a member of the National Guard changes primary residence within the state, the member may be transferred to a unit of the National Guard located at the place of the new primary residence. If there is no organization of the National Guard located within fifty miles of the member's new primary residence or if no unit vacancy exists in a National Guard unit located within fifty miles of the new primary residence, the member may be transferred to the inactive National Guard or individual ready reserve by order of the Governor.
Source:
SL 1887, ch 100, §17; CL 1887, §1933; RPolC 1903, §2475; SL 1913, ch 267, §§30, 31; SL 1917, ch 297, §35; RC 1919, §10593; SDC 1939, §41.0145; SL 1972, ch 186, §2; SL 2007, ch 187, §56.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 05 - National Guard Enlisted Members › Section 33-5-11 - Conditions for discharge before expiration of enlistment.

33-5-11. Conditions for discharge before expiration of enlistment.
In time of peace, no enlisted member of the National Guard may be discharged before the expiration of the member's period of enlistment, except:
(1)By order of the President or secretary of defense;
(2)By sentence of a general court-martial;
(3)By direction of the Governor on account of disability, on account of sentence of imprisonment by civil court, on account of a bona fide permanent change of residence to another state or territory, or as provided for by regulations established by the secretary of defense;
(4)In compliance with an order of one of the United States courts on writ of habeas corpus.
Source:
SL 1887, ch 100, §34; CL 1887, §1950; RPolC 1903, §2489; SL 1913, ch 267, §33; SL 1917, ch 297, §35; RC 1919, §10592; SDC 1939, §41.0144; SL 2007, ch 187, §57.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 05 - National Guard Enlisted Members › Section 33-5-15.1 - Failure to return military property as theft.

33-5-15.1. Failure to return military property as theft.
Any person who fails to return any military property, equipment, or other items belonging to the armed forces of the United States, any reserve component, or the South Dakota National Guard, or any element or component thereof, is guilty of theft. The degree of theft shall be determined pursuant to §22-30A-17.
Source:
SL 1990, ch 262, §2.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 05 - National Guard Enlisted Members › Section 33-5-17 - Discharges subject to state and federal law.

33-5-17. Discharges subject to state and federal law.
All discharges from the National Guard are subject to the provisions of this title, the applicable provisions of federal law, and the rules promulgated by the adjutant general pursuant to chapter 1-26.
Source:
SL 1917, ch 297, §35; RC 1919, §10595; SDC 1939, §41.0147; SL 1986, ch 272, §6; SL 2007, ch 187, §63.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 05 - National Guard Enlisted Members › Section 33-5-18 - Rules governing discharges.

33-5-18. Rules governing discharges.
The Department of the Military may promulgate rules pursuant to chapter 1-26 providing for discharges from the National Guard.
Source:
SL 1986, ch 272, §7; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-2 - Exemption from arrest and process at certain times.

33-6-2. Exemption from arrest and process at certain times.
No person belonging to the military forces may be arrested on any civil process while going to, remaining at, or returning from any drill or annual training that the member is required to attend for duty.
Source:
SL 1887, ch 100, §65; CL 1887, §1981; RPolC 1903, §2520; SL 1903, ch 185, §72; SL 1917, ch 297, §74; RC 1919, §10634; SDC 1939, §41.0182; SL 2007, ch 187, §64.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-3 - Right of way while performing duty--Interference with law enforcement personnel or emergency vehicles prohibited.

33-6-3. Right of way while performing duty--Interference with law enforcement personnel or emergency vehicles prohibited.
Any National Guard unit or personnel performing any duty according to law have the right of way in any street or highway through which they may pass. However, the unit or personnel may not interfere with the legitimate functions of law enforcement personnel or with the progress and operations of fire and rescue, ambulance, and other emergency vehicles.
Source:
SL 1887, ch 100, §65; CL 1887, §1981; RPolC 1903, §2520; SL 1917, ch 297, §74; RC 1919, §10634; SDC 1939, §41.0182; SL 2007, ch 187, §65.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-4 - Representation furnished National Guard members in civil proceedings--Security for costs--Attorneys fees and costs.

33-6-4. Representation furnished National Guard members in civil proceedings--Security for costs--Attorneys fees and costs.
If a civil suit or civil proceedings are commenced in any court by any person against any member of the South Dakota National Guard for any act done by the member in an official capacity in the discharge of any duty under this title, or against any person lawfully acting under authority or order of the member, or by virtue of any warrant issued by the member pursuant to law, the judge advocate general, or some other officer designated by the Governor, shall appear for the member, and the plaintiff in the suit may be required to file security for the payment of the costs that may be incurred by the defendant in the suit or proceedings. If the plaintiff is nonsuited or if a verdict or judgment is rendered against the plaintiff, the defendant shall recover double costs and such attorney fees as the court allows. The fees shall in the first instance be paid by the state and refunded by the defendant upon collection of the judgment.
Source:
SL 1887, ch 100, §55; CL 1887, §1971; RPolC 1903, §2508; SL 1903, ch 185, §71; SL 1917, ch 297, §73; RC 1919, §10633; SDC 1939, §41.0181; SL 2007, ch 187, §66.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-5 - Member tuition benefit--Board of Regents undergraduate degree programs--Limitations.

33-6-5. Member tuition benefit--Board of Regents undergraduate degree programs--Limitations.
Any member of the South Dakota National Guard is, upon compliance with all the requirements for admission and subject to the provisions of §33-6-7, entitled to a benefit as prescribed by this section and §33-6-5.2 to attend and pursue any undergraduate course or courses in any state educational institution under the control and management of the Board of Regents. Any member of the South Dakota National Guard who is a resident of the state is entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. Any member of the South Dakota National Guard who is not a resident of the state is entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost. The benefits established under §§33-6-5 to 33-6-8, inclusive, may not exceed one hundred twenty-eight credit hours towards a baccalaureate degree.
Source: SL 1975, ch 147, §1; SL 2004, ch 220, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, §12; SL 2023, ch 110, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-5.1 - Member tuition benefit--Board of Regents graduate degree programs--Limitations.

33-6-5.1. Member tuition benefit--Board of Regents graduate degree programs--Limitations.
Any member of the South Dakota National Guard is, upon compliance with all the requirements for admission and subject to the provisions of §33-6-7, entitled to a benefit as prescribed by this section and §33-6-5.3. Any member of the South Dakota National Guard who is enrolled in a program leading toward a graduate degree in any state educational institution under the control and management of the Board of Regents, including institutions or courses not subsidized by the general fund, is entitled to a benefit of one hundred percent of the in-state resident graduate tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost. The benefit provided by this section and §33-6-5.3 may not exceed thirty-two credit hours toward a graduate degree.
Source: SL 2004, ch 221, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, §13; SL 2023, ch 110, §2.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-5.2 - Member tuition benefit--Board of Regents undergraduate courses not subsidized by general fund--Limitation.

33-6-5.2. Member tuition benefit--Board of Regents undergraduate courses not subsidized by general fund--Limitation.
Notwithstanding the provisions of §13-55-23, an eligible member of the South Dakota National Guard enrolled in undergraduate courses under the control and management of the Board of Regents not subsidized by the general fund are entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost.
Source: SL 2004, ch 220, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, §14; SL 2023, ch 110, §3.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-5.3 - Member tuition benefit--Board of Regents graduate courses not subsidized by general fund--Limitation.

33-6-5.3. Member tuition benefit--Board of Regents graduate courses not subsidized by general fund--Limitation.
Notwithstanding the provisions of §13-55-23, an eligible member of the South Dakota National Guard enrolled in graduate courses under the control and management of the Board of Regents not subsidized by the general fund are entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost.
Source: SL 2004, ch 221, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, §15; SL 2023, ch 110, §4.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-5.4 - Member tuition benefit--Federal tuition benefit defined.

33-6-5.4. Member tuition benefit--Federal tuition benefit defined.
For the purposes of this chapter, the term, federal tuition benefit, means a tuition benefit provided by the United States Department of Defense, United States Department of the Army, or the United States Department of the Air Force. The term, federal tuition benefit, excludes any benefits or entitlements provided by the United States Department of Veterans Affairs.
Source: SL 2023, ch 110, §7.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-6 - Member tuition benefit--State technical college programs--Limitations.

33-6-6. Member tuition benefit--State technical college programs--Limitations.
Any member of the South Dakota National Guard, who is a resident of the state and who possesses the entrance requirements for admission to any technical college program, is entitled to complete one program of study approved by the Board of Technical Education in any state technical college. One hundred percent of tuition must be paid or otherwise credited by the technical college. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost.
Source: SL 1975, ch 147, §2; SL 1992, ch 234, §1; SL 1997, ch 199, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27, eff. Apr. 12, 2011; SL 2016, ch 109, §16; SL 2017, ch 81, §57; SL 2017, ch 146, §1, eff. Mar. 2, 2017; SL 2020, ch 61, §54; SL 2020, ch 64, §2; SL 2023, ch 110, §5.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-7 - Member tuition benefit--Eligibility.

33-6-7. Member tuition benefit--Eligibility.
To be eligible for one hundred percent of in-state resident tuition without cost or reimbursement, a national guard member shall:
(1)Be a member of the South Dakota Army National Guard Unit or Air National Guard Unit throughout each semester or vocational program for which the member applies for benefits;
(2)Have satisfactorily completed required initial basic training;
(3)Have satisfactorily performed duty upon return from basic training, including a minimum ninety percent attendance on scheduled drill dates and at annual training with the member's parent unit;
(4)Maintain satisfactory academic progress; and
(5)Provide proper notice to the institution at the time of registration for the term in which the benefits are sought.
Source: SL 1975, ch 147, §3; SL 1981, ch 253; SL 1985, ch 269, §2; SL 2004, ch 222, §1; SL 2023, ch 110, §6.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-8 - Application for tuition benefits--Determination of entitlement.

33-6-8. Application for tuition benefits--Determination of entitlement.
Any person desiring to use the benefits of either §33-6-5 or 33-6-6 shall apply to the Department of the Military. The adjutant general shall determine if that person is entitled to the benefits of §§33-6-5 to 33-6-8, inclusive. The adjutant general may promulgate rules pursuant to chapter 1-26 to accomplish the purposes of §§33-6-5 to 33-6-8, inclusive, and to establish the procedures for determining awards, the records to be maintained and the procedure for an appeal.
Source:
SL 1975, ch 147, §4; SL 1985, ch 269, §1; SL 1992, ch 234, §2; SL 1997, ch 199, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §139, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 06 - Privileges And Exemptions Of Guard Members › Section 33-6-8.1 - Tuition benefits for nonresident national guard members.

33-6-8.1. Tuition benefits for nonresident national guard members.
For purposes of tuition at any institution under the control and management of the Board of Regents, any nonresident member of the National Guard of the State of South Dakota who is eligible for any benefits under §§33-6-5 to 33-6-8, inclusive, is considered a resident of South Dakota. The nonresident member is subject to tuition at the rates established for residents, and any benefits for which the nonresident member is eligible under §§33-6-5 to 33-6-8, inclusive, shall be calculated based on resident tuition rates.
Source:
SL 2006, ch 173, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 07 - National Guard Pay And Allowances › Section 33-7-1 - Active duty pay and allowances.

33-7-1. Active duty pay and allowances.
Officers and enlisted men of the national guard who are ordered into active service, in pursuance to the provisions of this title, shall be paid the same compensation, at the same rate of pay, as that paid to the officers and enlisted men of like rank and grade of the armed forces of the United States. Officers may not receive state military pay while attending annual encampments if United States armed forces regulation pay is received.
If a member of the South Dakota National Guard performs service pursuant to an agreement with a public agency, entered into under chapter 1-24, which agreement provides for either reimbursement to the National Guard of South Dakota or direct payment of pay and allowances to the member, the member may accept the payment in lieu of any pay or allowance entitlement under this chapter. This payment is not in lieu of any other benefit, right, privilege, or immunity conferred upon a member by law.
Source:
SL 1887, ch 100, §§56, 59; CL 1887, §§1972, 1975; SL 1893, ch 117, §15; RPolC 1903, §§2509, 2512; SL 1917, ch 297, §67; RC 1919, §10627; SDC 1939, §41.0175; SL 1949, ch 154; SL 1957, ch 205; SL 1965, ch 172; SL 1973, ch 218; SL 1982, ch 252.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 07 - National Guard Pay And Allowances › Section 33-7-3 - Stopping pay to recover charges against member of guard.

33-7-3. Stopping pay to recover charges against member of guard.
Stoppage may be made against the compensation payable to any officer or enlisted man of the national guard from the federal government, or the State of South Dakota, to cover:
(1)The costs of public property lost or destroyed by and chargeable to such officer or enlisted man;
(2)Fines duly assessed against such officer or enlisted man by proper authority under the law and rules promulgated pursuant to chapter 1-26 governing the national guard.
Source:
SL 1917, ch 297, §67; RC 1919, §10627; SDC 1939, §41.0175; SL 1949, ch 154; SL 1957, ch 205; SL 1965, ch 172; SL 1986, ch 272, §8.