reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-299 - Administration of oaths necessary in performance of duties.

33-10-299. Administration of oaths necessary in performance of duties.
The following persons may administer oaths necessary in the performance of their duties:
(1)The president, military judge, and trial counsel for all general and special courts-martial;
(2)The president and the counsel for the court of any court of inquiry;
(3)All officers designated to take a deposition;
(4)All persons detailed to conduct an investigation;
(5)All recruiting officers; and
(6)All other persons designated by regulations of the armed forces of the United States or by statute.
Source:
SL 2012, ch 175, §280.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-300 - Prima facie evidence of authority to administer oath.

33-10-300. Prima facie evidence of authority to administer oath.
For the purposes of sections §§33-10-298 and 33-10-299, the signature without seal of any such person, together with the title of the person's office, is prima facie evidence of the person's authority.
Source:
SL 2012, ch 175, §281.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-301 - Complaint of wrong.

33-10-301. Complaint of wrong.
Any member of the state military forces who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and shall, as soon as possible, send to the adjutant general a true statement of that complaint, with the proceedings had thereon.
Source:
SL 2012, ch 175, §282.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-302 - Delegation by Governor.

33-10-302. Delegation by Governor.
The Governor may delegate any authority vested in the Governor under this code, and provide for the subdelegation of any such authority, except the power given the Governor by §33-10-67.
Source:
SL 2012, ch 175, §283.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-303 - Payment of fees, costs, and expenses.

33-10-303. Payment of fees, costs, and expenses.
The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid out of the military justice fund.
Source:
SL 2012, ch 175, §284.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-304 - Military justice fund.

33-10-304. Military justice fund.
For the purposes of §33-10-303, there is created in the state treasury a fund to be designated the military justice fund that shall be administered by the adjutant general, from which expenses of military justice shall be paid in the amounts and manner as prescribed by law. The Legislature may appropriate and have deposited in the military justice fund such funds as it deems necessary to carry out the purposes of this code.
Source:
SL 2012, ch 175, §285.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-305 - Payment of fines--Disposition.

33-10-305. Payment of fines--Disposition.
Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner:
(1)By cash or money order;
(2)By retention of any pay or allowances due or to become due the person fined from any state or the United States; or
(3)By garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.
Any sum so received or retained shall be deposited in the military justice fund or to whomever the court so directs.
Source:
SL 2012, ch 175, §286.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-306 - Uniformity of interpretation.

33-10-306. Uniformity of interpretation.
This code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, chapter 47 of Title 10, United States Code as of January 1, 2012.
Source:
SL 2012, ch 175, §287.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-307 - Immunity for action of military courts.

33-10-307. Immunity for action of military courts.
Any person acting under the provisions of this code, whether as a member of the military or as a civilian, is immune from any personal liability for any of the acts or omissions which the person did or failed to do as part of the person's duties under this code.
Source:
SL 2012, ch 175, §288.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-1 - Armories and other facilities authorized--Authority of commanding officer--Expenses.

33-11-1. Armories and other facilities authorized--Authority of commanding officer--Expenses.
The adjutant general shall provide suitable space, at a convenient location where any unit of the National Guard is stationed, with the necessary furnishings, equipment, and supplies for an armory, assembly, drill room, garages, and maintenance shops for the organization. The buildings and space are under the exclusive control of the unit's commanding officer. There shall be paid out of the military appropriation a sum deemed necessary on the contract made by the adjutant general for the rent and furnishing of the armory, garages, maintenance shops, or band quarters of each organization of the National Guard, to be paid by the state.
Source:
SL 1887, ch 100, §63; CL 1887, §1979; SL 1890, ch 111, §9; RPolC 1903, §2516; SL 1903, ch 185, §39; SL 1917, ch 297, §42; RC 1919, §10602; SDC 1939, §41.0153; SL 1967, ch 171, §2; SL 1992, ch 60, §2; SL 2007, ch 187, §99.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-2 - Provision of armories and other facilities--Authorized uses.

33-11-2. Provision of armories and other facilities--Authorized uses.
The Department of the Military shall erect or provide anywhere within the limits of this state, upon terms and conditions determined as most advantageous to the state, armories and other facilities for the use of the National Guard. The armories and other facilities shall be used for drill, meeting, and rendezvous purposes by the unit occupying them and for such other public functions as the officers in charge of the armory or facility deem advisable and proper. The armories and other facilities, if not in use by the National Guard, shall also be open for meetings and functions of organizations of war veterans and their auxiliary organizations.
Source: SL 1917, ch 297, §85; RC 1919, §10645; SDC 1939, §41.0192; SL 1947, ch 180, §6; SL 1951, ch 208; SL 1955, ch 146, §1; SDC Supp 1960, §41.0192 (2); SL 2007, ch 187, §100; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011; SL 2023, ch 108, §7.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-3 - Cooperative agreements with other public agencies.

33-11-3. Cooperative agreements with other public agencies.
The State of South Dakota, acting through the Department of the Military in participation with the federal government, and any county, municipal corporation, school district, or any department, agency, or board of the state or combination thereof, acting through their governing boards, may cooperate, on such terms as may be agreed to by the Department of the Military and the governing boards of the public corporations or other agencies in the construction, enlargement, conversion, and equipment of the buildings described in §33-11-2, including acquisition of sites for such buildings, and in the operation, maintenance, and use of such buildings.
Source: SL 1949, ch 159, §1; SL 1955, ch 146, §1; SDC Supp 1960, §41.0192 (3); SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 26, 27, eff. Apr. 12, 2011; SL 2023, ch 108, §8.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-4 - Use of buildings in cooperation with public agencies.

33-11-4. Use of buildings in cooperation with public agencies.
The buildings referred to in §33-11-3 shall be suitable for use as armories or other facilities by the National Guard. The buildings shall also be suitable for use by a cooperating public corporation or agency for the same purposes as a building that the corporation or agency is authorized by law to construct for its own exclusive use and shall be used for such purposes.
Source:
SL 1949, ch 159, §2; SL 1955, ch 146, §1; SDC Supp 1960, §41.0192 (3); SL 2007, ch 187, §101.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-5 - National guard and federal reserve use.

33-11-5. National guard and federal reserve use.
Agreements for the operation, maintenance, and use of the buildings referred to in §33-11-3 shall be such as will ensure adequate accommodations and use for the national guard and the reserve components of the national military establishments of the United States.
Source:
SL 1949, ch 159, §3; SL 1955, ch 146, §1; SDC Supp 1960, §41.0192 (3).
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-6 - Donations to aid in providing facilities.

33-11-6. Donations to aid in providing facilities.
The Department of the Military may receive from counties, school districts, municipalities, or other sources, donations of land or contributions of money, buildings, or other property to aid in providing or erecting armories and other facilities throughout the state for the use of the National Guard. The property shall be held as other property for the use of the state.
Source:
SL 1917, ch 297, §89; RC 1919, §10649; SDC 1939, §41.0196; SL 1951, ch 209; SL 2006, ch 174, §1; SL 2007, ch 187, §102; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-7 - Donations by local authorities authorized--Tax levy--Vote of electors--Matching state funds.

33-11-7. Donations by local authorities authorized--Tax levy--Vote of electors--Matching state funds.
Counties, school districts, or municipalities may contribute land, money, buildings, or other property for the purposes of this chapter. Any first or second class municipality may levy a tax upon all property within the municipality subject to taxation to raise the necessary money for an armory building or other facility and site. However, no money raised by such tax may be donated or tax levied until the donation or levy is authorized by a vote of a majority of the electors in the municipality at an election called for that purpose. Any contribution of money from a county, school district, or municipality for the construction of an armory shall be matched with a sum appropriated from the state treasury that is not greater than fifty percent of the total local effort required by the Department of the Military or the United States Department of Defense.
Source:
SL 1917, ch 297, §89; RC 1919, §10649; SDC 1939, §41.0196; SL 1951, ch 209; SL 1992, ch 60, §2; SL 2006, ch 174, §2; SL 2007, ch 187, §103; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-8 - Erection of armory on donated land.

33-11-8. Erection of armory on donated land.
The Department of the Military shall, upon donation of a proper site by any county or municipality, erect for the use of any unit of the National Guard, and other organizations and public functions as specified in §33-11-2, an armory to be used for meeting, rendezvous, drill, and other purposes in compliance with this chapter.
Source:
SL 1917, ch 297, §87; RC 1919, §10647; SDC 1939, §41.0194; SL 2007, ch 187, §104; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-9 - Control of armory by Department of the Military.

33-11-9. Control of armory by Department of the Military.
The Department of the Military has charge of any armory erected or provided pursuant to §33-11-8 and shall arrange for its occupancy and use under the direction and responsibility of the senior officer in command.
Source:
SL 1917, ch 297, §87; RC 1919, §10647; SDC 1939, §41.0194; SL 2007, ch 187, §105; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-10 - Management of armory--Promulgation of rules.

33-11-10. Management of armory--Promulgation of rules.
The Department of the Military also constitutes a board for general management and care of armories. The department may promulgate rules pursuant to the provisions of chapter 1-26 for armory management and government and to provide for the guidance of the organization occupying them. The rules, in accordance with federal law and regulation, shall provide:
(1)Standards and requirements for construction or lease of armory facilities and related furnishings of such facilities;
(2)Standards and requirements for construction or lease of facilities, other than armories, and related furnishings as required by §33-11-1;
(3)Procedures to enter into cooperative agreements with other public agencies pursuant to §33-11-3;
(4)Procedures and standards to receive contributions of land, money, buildings, or other property pursuant to §33-11-6; and
(5)Standards and procedures governing revenue producing activities undertaken pursuant to §33-11-12.
Source: SL 1917, ch 297, §88; RC 1919, §10648; SDC 1939, §41.0195; SL 1986, ch 272, §11; SL 2007, ch 187, §106; SL 2023, ch 108, §9.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-11 - Intoxicating beverages prohibited--Exceptions authorized.

33-11-11. Intoxicating beverages prohibited--Exceptions authorized.
The commanding officer at any encampment, parade, drill, muster, or other rendezvous of the national guard shall prohibit and prevent the sale or use of all alcoholic beverages within the limits of the encampment, parade grounds, or armory. However, the adjutant general may, as necessary for health, welfare, or morale activities, authorize open mess activities, and units of the national guard to engage in the sale, mixing, or consumption of alcoholic beverages at encampments, parade grounds, or armories if the sale is made in accordance with authority properly granted under Title 33.
Source:
SL 1887, ch 100, §39; CL 1887, §1955; RPolC 1903, §2493; SL 1903, ch 185, §53; SL 1917, ch 297, §81; RC 1919, §10641; SDC 1939, §41.0189; SL 1994, ch 270.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-12 - Welfare and revenue producing activities.

33-11-12. Welfare and revenue producing activities.
The adjutant general under rules promulgated pursuant to the provisions of chapter 1-26 may provide for certain sundry, welfare, and revenue producing fund activities for the benefit of the members of the national guard. Such activities shall be similar in nature to those authorized for members of the armed forces of the United States on active duty and may include open mess activities for both officers and enlisted personnel under restrictions similar to those imposed by the secretaries of the army and air force. The adjutant general shall prescribe collection, accounting and use of such funds and the same are hereby made subject to audit by the auditor general. No specific license may be required for any such activity, but all taxes otherwise incident to such activity shall be payable.
Source:
SL 1972, ch 186, §3; SL 1986, ch 272, §12.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-13 - Donation of armory at Sisseton.

33-11-13. Donation of armory at Sisseton.
The Department of the Military shall donate the state's interest in the National Guard armory located in Sisseton to the city of Sisseton subject to the city's acceptance of the property as the property exists on the date of acceptance.
The Governor shall execute a quitclaim deed which shall be attested by the commissioner of School and Public Lands, to transfer all of the state's right, title and interest in the real estate and improvements commonly known as the Sisseton National Guard Armory, located at the Lots One, Two, Three, Four, Five, Six, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen, Eighteen, Nineteen, Twenty, Twenty-one, Twenty-two, Twenty-three and Twenty-four Block Fifty-four, city of Sisseton in Roberts County, South Dakota, as such deed was recorded in Book 51 of Deeds on page 187 in the Roberts County Register of Deeds Office, to the city of Sisseton subject to any applicable statutory and constitutional reservations.
Source:
SL 2011, ch 150, §§1, 2.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-14 - Description of land purchase in Sturgis.

33-11-14. Description of land purchase in Sturgis.
The Department of the Military, South Dakota Army National Guard, may purchase land, comprising more or less of thirty acres located in Sturgis, South Dakota, adjacent to the Sturgis Brown High School and located in the S1/2, Section 1 and N1/2, Section 12, Township 5 North, Range 5 East, Black Hills Meridian, Sturgis, Meade County, South Dakota.
Source:
SL 2017, ch 147, §1, eff. Mar. 10, 2017.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11 - National Guard Armories And Facilities › Section 33-11-15 - Terms of purchase of land in Sturgis.

33-11-15. Terms of purchase of land in Sturgis.
The Department of the Military and seller agree that, in entering into the agreement to purchase land pursuant to §33-11-14, the seller has taken into consideration the department's intended use of the real property and the long-standing relationship between the department and seller. The department agrees to grant to the seller a right of first refusal to purchase the property provided that the seller shall exercise the right within one hundred eighty days of written notice from the department of the department's intent to sell, transfer, or convey the property or any portion thereof. For a period of ten years from the date of the purchase, the seller has the right of first refusal and may purchase the property for the same price for which the department is paying the seller. However, the price shall be adjusted for inflation using the core consumer price index as published by the United States Bureau of Labor Statistics. After the initial ten year period, the seller may exercise the seller's right of first refusal to purchase at fair market value. If the seller does not exercise the right, by submitting a written offer to purchase the portion of the property intended to be sold, transferred, or conveyed, within the one hundred eighty days, the seller's right of first refusal terminates as to said portion. The right of first refusal to purchase only applies to a sale, transfer, or conveyance of all of the department's rights, title, and interest in the real property and does not apply to a grant or conveyance by the department of a lesser interest including, without limitation, easements or leases. The seller's right of first refusal to purchase may only be exercised by the seller and cannot be transferred or assigned.
Source:
SL 2017, ch 147, §2, eff. Mar. 10, 2017.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11A - National Guard Museum › Section 33-11A-1 - National guard museum and state weapons collection authorized.

33-11A-1.National guard museum and state weapons collection authorized.
To accomplish the preservation of military records, banners, and relics of the state required by S. D. Const., Art. XV, §6, the adjutant general may establish a South Dakota National Guard Museum and state weapons collection.
Source:
SL 1982, ch 253, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11A - National Guard Museum › Section 33-11A-2 - Armory or other facility--Use for museum.

33-11A-2. Armory or other facility--Use for museum.
An armory or other facility under the control of the Department of the Military may be used for the purpose of §33-11A-1.
Source: SL 1982, ch 253, §2; SL 2023, ch 108, §10.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11A - National Guard Museum › Section 33-11A-3 - Museum board--Appointment by adjutant general.

33-11A-3. Museum board--Appointment by adjutant general.
The adjutant general may appoint a museum board to supervise and coordinate the activities of the museum and collection. The members shall serve without reimbursement and at the pleasure of the adjutant general. The board may adopt rules pursuant to chapter 1-26 for the operation and control of the museum and its contents.
Source:
SL 1982, ch 253, §3.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11A - National Guard Museum › Section 33-11A-4 - Donations of funds or property--Authority of museum board.

33-11A-4. Donations of funds or property--Authority of museum board.
The museum board may solicit, receive, and administer donations of funds or property for the support and improvement of the museum.
Source:
SL 1982, ch 253, §4.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11A - National Guard Museum › Section 33-11A-6 - Firearms deposited by law enforcement agencies.

33-11A-6. Firearms deposited by law enforcement agencies.
Any law enforcement agency which has custody of any firearms or any parts of firearms which are subject to destruction, may in lieu of destruction, deposit them with the museum and weapons collection.
Source:
SL 1982, ch 253, §5.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 11A - National Guard Museum › Section 33-11A-7 - Trust account--Expenses to be paid.

33-11A-7. Trust account--Expenses to be paid.
All amounts deposited in the national guard museum and state weapons collection special trust account in the Office of the State Treasurer are appropriated to the use of the museum board for its expenses in the operation and maintenance of the museum and its annexes. Prorated earnings shall be credited to the account. The expenses shall be paid out of that fund on warrants drawn by the state auditor upon duly itemized vouchers. The funds necessary for such expenses are hereby authorized to be expended.
Source:
SL 1983, ch 250.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-2 - Quartermaster general authorized to require assistant to give bond.

33-12-2. Quartermaster general authorized to require assistant to give bond.
As quartermaster general, the adjutant general may require any duly appointed assistant, who shall be a member of the National Guard, to give a bond with sufficient surety, in an amount the quartermaster general deems sufficient, to the state. The bond shall be conditioned for the faithful performance of duty and shall be approved by the quartermaster general, recorded in the Office of the Secretary of State, and filed with the state treasurer.
Source:
SL 1913, ch 267, §8; SL 1917, ch 297, §9; RC 1919, §10556; SDC 1939, §41.0109; SL 2007, ch 187, §108.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-3 - Duties of quartermaster general.

33-12-3. Duties of quartermaster general.
The quartermaster general shall attend to the care, preservation, safekeeping, and repairing of the arms, ordnance, accouterments, equipment, and all other military property belonging to the state or issued to the state by the government of the United States, for the purpose of arming and equipping the national guard.
Source:
SL 1913, ch 267, §8; SL 1917, ch 297, §9; RC 1919, §10556; SDC 1939, §41.0109.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-4 - Custody of flags.

33-12-4. Custody of flags.
The adjutant general is the custodian of all flags and colors of South Dakota troops engaged in any war, and shall provide for their care and custody as the Governor directs. The adjutant general also has charge of all regimental flags and colors of the militia of the state when not in use.
Source:
SL 1917, ch 297, §83; RC 1919, §10643; SDC 1939, §41.0111; SL 2007, ch 187, §109.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-5 - Responsibility for equipment--Property of United States.

33-12-5. Responsibility for equipment--Property of United States.
The adjutant general has supervision of and is responsible for all the arms, ordnance, accouterments, equipment, and other military property that is issued to the state by the secretary of defense in compliance with law. The adjutant general shall prepare returns of such arms and other property of the United States at all times and in the manner requested by the secretary of defense.
Source:
SL 1913, ch 267, §8; SL 1917, ch 297, §9; RC 1919, §10557; SDC 1939, §41.0110; SL 2007, ch 187, §110.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-6 - Issuance of military property to authorized persons or organizations.

33-12-6. Issuance of military property to authorized persons or organizations.
The adjutant general shall issue military property as the Governor directs and under the Governor's direction shall make purchases for that purpose. Military property may only be issued to persons or organizations belonging to the organized militia.
Source:
SL 1913, ch 267, §8; SL 1917, ch 297, §9; RC 1919, §10558; SDC 1939, §41.0112; SL 1967, ch 171, §1; SL 2007, ch 187, §111.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-7 - Return of United States property to be replaced with new property--Return of surplus property.

33-12-7. Return of United States property to be replaced with new property--Return of surplus property.
The adjutant general shall upon order of the Governor turn in to the armed forces of the United States any weapons, equipment, and accouterments that are the property of the United States in possession of the state, and that are to be replaced by new weapons, equipment and accouterments sent by the United States. The adjutant general shall cause the weapons, equipment, and accouterments to be shipped under instructions from the secretary of defense to the designated arsenal or depot at the expense of the United States. If the South Dakota National Guard is fully armed and equipped with standard weapons, equipment, and accouterments of the United States armed forces, the adjutant general shall cause any remaining weapons, equipment, and accouterments that are the property of the United States and in possession of the state, to be transferred and shipped, as directed in this section, under instructions from the secretary of defense.
Source:
SL 1913, ch 267, §8; SL 1917, ch 297, §9; RC 1919, §10557; SDC 1939, §41.0110; SL 2007, ch 187, §112.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-8 - Disposition of unsuitable property--Public auction or private sale--Procedure--Accounting.

33-12-8. Disposition of unsuitable property--Public auction or private sale--Procedure--Accounting.
Any military property of the state which, after a proper inspection, is found unsuitable for the use of the state shall, under direction of the Governor, be disposed of by the quartermaster general at public auction or private sale. The sale shall be advertised at least once each week for two successive weeks, in at least one legal newspaper published in the first or second class municipality or county where the sale is to take place, if so ordered by the Governor. The quartermaster general shall bid in the property or suspend the sale if, in the quartermaster general's opinion, better prices may or should be obtained. The quartermaster general shall periodically render to the Governor an accurate account of the sales so made and deposit the proceeds with the state treasurer to the credit of the special militia fund.
Source:
SL 1913, ch 267, §8; SL 1917, ch 297, §9; RC 1919, §10556; SDC 1939, §41.0109; SL 1972, ch 28, §13; SL 1992, ch 60, §2; SL 2007, ch 187, §113.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-9 - Commanding officer as legal custodian of property--Authorization to sue for recovery.

33-12-9. Commanding officer as legal custodian of property--Authorization to sue for recovery.
The commanding officer of any unit of the National Guard is the legal custodian of the money, property, and effects of the unit, whether the property is owned by the unit, or its members collectively, or has been issued to it or any of its officers, for its use, by the state or by the authority of the United States. The commanding officer may sue for the recovery and possession of any such property that is wrongfully withheld from the commanding officer's custody or the custody of the unit.
Source:
SL 1903, ch 185, §24; SL 1917, ch 297, §25; RC 1919, §10578; SDC 1939, §41.0131; SL 2007, ch 187, §114.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-10 - Periodic return of custodial property.

33-12-10. Periodic return of custodial property.
Every officer or other person having custody or control of the military property of the United States or of the state shall periodically make a return of the property on a form and to the appropriate department as required by law.
Source:
SL 1887, ch 100, §66; CL 1887, §1982; RPolC 1903, §2521; SL 1903, ch 185, §73; SL 1917, ch 297, §70; RC 1919, §10630; SDC 1939, §41.0178; SL 2007, ch 187, §115.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-11 - Resignation, reassignment, dismissal, or discharge of custodial officer.

33-12-11. Resignation, reassignment, dismissal, or discharge of custodial officer.
If any National Guard officer responsible for state property resigns or is reassigned, dismissed, or discharged, the officer shall deliver the property in the officer's possession, for which only the officer is responsible, to the quartermaster general, or to some person duly appointed to receive the property.
Source:
SL 1903, ch 185, §26; SL 1917, ch 297, §27; RC 1919, §10581; SDC 1939, §41.0134; SL 2007, ch 187, §116.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-12 - Death of custodial officer.

33-12-12. Death of custodial officer.
In case of the death of any officer of the National Guard responsible for state property the next in command shall immediately take charge of the property and deliver it to the quartermaster general or some person appointed to receive the property.
Source:
SL 1903, ch 185, §26; SL 1917, ch 297, §27; RC 1919, §10581; SDC 1939, §41.0134; SL 2007, ch 187, §117.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-16 - Inspection of issued supplies--Repairs and replacements.

33-12-16. Inspection of issued supplies--Repairs and replacements.
All military supplies issued to any officer of the National Guard are at all times subject to inspection by any officer designated by the Governor for that purpose, who shall report the true condition of the supplies. The Governor may at any time require repairs to be made or defects or losses supplied.
Source:
SL 1903, ch 185, §25; SL 1917, ch 297, §27; RC 1919, §10580; SDC 1939, §41.0133; SL 2007, ch 187, §121.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-17 - Trafficking in property prohibited--Seizure from unauthorized person.

33-12-17. Trafficking in property prohibited--Seizure from unauthorized person.
The clothing, arms, military outfits, accouterments, and stores furnished by the State of South Dakota or the United States to the National Guard may not be sold, bartered, exchanged, pledged, or given away, and the possession of any such property by any person not a member of the National Guard is prima facie evidence of such sale, barter, exchange, pledge, or theft. The property may be seized and taken from any person not authorized to keep the property by any soldier, officer, civil or military, of the state. The property shall then be delivered to any officer of the state authorized to receive the property.
Source:
SL 1887, ch 100, §67; CL 1887, §1983; SL 1903, ch 185, §74; SL 1911, ch 193, §2; SL 1917, ch 297, §75; RC 1919, §10635; SDC 1939, §41.0183; SL 2007, ch 187, §122.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-18 - Report by disinterested officer respecting missing or destroyed property--Assessment of reasonable value and payment--Suit for recovery.

33-12-18. Report by disinterested officer respecting missing or destroyed property--Assessment of reasonable value and payment--Suit for recovery.
Any property of the state that is lost, stolen, damaged, or destroyed in the military service shall be acted upon by a disinterested inspector or officer, detailed as such, who shall make full investigation and report all the facts and circumstances of the case. If any person is found or deemed responsible for the loss or damage of the property, beyond reasonable wear and tear of the service, the inspector shall assess and fix a reasonable value on the property lost, damaged, or destroyed, and the person shall pay the sum so assessed into the treasury of the state. If the person fails or neglects to reimburse the state, suit may be entered in the name of the state in any court of competent jurisdiction for the recovery of the value of the property.
Source:
SL 1887, ch 100, §68; CL 1887, §1948; SL 1903, ch 185, §75; SL 1917, ch 297, §76; RC 1919, §10636; SDC 1939, §41.0184; SL 1986, ch 272, §13; SL 2007, ch 187, §123.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-19 - Board of survey respecting property losses--Notice and hearing--Appraisal and report--Payment for property--Disposition of funds.

33-12-19. Board of survey respecting property losses--Notice and hearing--Appraisal and report--Payment for property--Disposition of funds.
The Governor may, at any time, convene a board of survey to condemn quartermaster and ordnance stores and supplies, or to appraise the loss sustained by the state from injury, want of repair, defects, or losses in any such quartermaster or ordnance stores issued to any officer of the National Guard. The board, after reasonable notice to the officer and hearing the officer's explanations or objections, shall appraise the property and make a report. The amount so appraised, if approved by the Governor, is conclusively deemed the amount of the officer's liability. The officer shall pay the amount into the state treasury, and the payments shall be deposited in a special fund known as the lost military property fund. The fund is available at all times for purchase by the quartermaster general, subject to the approval of the Governor, of any military property needed to replace that lost or destroyed.
Source:
SL 2007, ch 187, §124.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-20 - Suit for missing or destroyed property--Absence of fault--Release from liability.

33-12-20. Suit for missing or destroyed property--Absence of fault--Release from liability.
The Governor shall cause suit to be brought whenever necessary to make good any injury, want of repair, or loss of any quartermaster or ordnance stores or supplies or other state property. However, if any such stores or property belonging to the state are lost, destroyed, or damaged without the fault or neglect of the officer responsible for the stores or property, the officer and sureties may, by order of the Governor, on the report of a board of survey or other satisfactory proof, be relieved of all liability for the stores or property.
Source:
SL 1903, ch 185, §25; SL 1917, ch 297, §27; RC 1919, §10580; SDC 1939, §41.0133; SL 2007, ch 187, §125.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-21 - Exemption of property from taxation.

33-12-21. Exemption of property from taxation.
All property belonging to any organization of the National Guard is exempt from taxation or assessment for any purpose.
Source:
SL 1887, ch 100, §62; CL 1887, §1978; RPolC 1903, §2515; SL 1903, ch 185, §38; SL 1917, ch 297, §41; RC 1919, §10601; SDC 1939, §41.0152; SL 2007, ch 187, §126.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-23 - Unauthorized entry to remove military property--Felony.

33-12-23. Unauthorized entry to remove military property--Felony.
Any unauthorized person who enters any fort, magazine, arsenal, armory, arsenal yard, or encampment, and removes any arms, ammunition, military stores, or supplies belonging to the National Guard, and any unauthorized person who enters any such place with intent to remove such property, is guilty of a Class 2 felony.
Source:
PenC 1877, §514; CL 1887, §6715; RPenC 1903, §536; RC 1919, §3830; SDC 1939, §13.1312; SL 1976, ch 158, §43-6; SL 2006, ch 130, §13; SL 2007, ch 187, §127.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-24 - Adjutant general as proper party to incur expenses.

33-12-24. Adjutant general as proper party to incur expenses.
No officer of the National Guard, except the adjutant general, may incur any expenses to be paid by the state, except expenses that are authorized by this title.
Source:
SL 1917, ch 297, §11; RC 1919, §10563; SL 1919, ch 256; SDC 1939, §41.0116; SL 1947, ch 182; SL 1968, ch 159; SL 2007, ch 187, §128.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-25 - Accounting of expenditures--Approval of adjutant general--Payment.

33-12-25. Accounting of expenditures--Approval of adjutant general--Payment.
The adjutant general shall keep an accurate account of all expenditures necessarily made for the military service of the state. The account shall be paid on proper vouchers presented for the account and upon the approval of the adjutant general from the appropriations made by the Legislature for military purposes.
Source:
SL 1887, ch 100, §23; CL 1887, §1939; SL 1893, ch 117, §11; SL 1897, ch 100, §3; RPolC 1903, §2479; SL 1913, ch 267, §8; SL 1917, ch 297, §11; RC 1919, §10563; SL 1919, ch 256; SDC 1939, §41.0116; SL 1947, ch 182; SL 1968, ch 159; SL 2007, ch 187, §129.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-26 - Accounting of expenses including pay, subsistence, and transportation--Audit and payment.

33-12-26. Accounting of expenses including pay, subsistence, and transportation--Audit and payment.
The adjutant general shall keep an accurate account of all expenses necessarily incurred, including pay of officers and enlisted men, subsistence and transportation of the National Guard and of all military property of the state. The expenses shall be audited and paid in the same manner as other military accounts are audited and paid.
Source:
SL 1917, ch 297, §9; RC 1919, §10557; SDC 1939, §41.0110; SL 2007, ch 187, §130.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-27 - Military claims--Audit by adjutant general--Authorization of subordinate officers to purchase necessities--Statement to adjutant general.

33-12-27. Military claims--Audit by adjutant general--Authorization of subordinate officers to purchase necessities--Statement to adjutant general.
The adjutant general shall audit and pass upon all claims of military character against the state, and no military contract against the state is valid or may be paid until approved by the adjutant general, except such as are contracted by the Governor. In extreme emergencies, however, the commanding officer of any organization or detachment of the National Guard, ordered into active service of the state, may purchase necessities for the immediate use and care of the officer's command. A report of the purchases containing a statement of the articles purchased and the price shall be made as soon as possible through the proper channels to the adjutant general. Upon the adjutant general's approval of the report, the purchases shall be paid out of any funds in the state treasury not otherwise appropriated.
Source:
SL 1917, ch 297, §11; RC 1919, §10563; SL 1919, ch 256; SDC 1939, §41.0116; SL 1947, ch 182; SL 1968, ch 159; SL 2007, ch 187, §131.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-28 - Contracts governed by public agency procurement law--Exception for emergencies.

33-12-28. Contracts governed by public agency procurement law--Exception for emergencies.
The provisions of chapters 5-18A, 5-18B, and 5-18D, governing contracts by public corporations, apply to contracts and purchases by the adjutant general and the Department of the Military. However, in case of insurrection, invasion, tumult, riot, breach of the peace, imminent danger thereof, or other great emergency, the Governor may, upon the certificate of the adjutant general, temporarily suspend the operation of law and direct the quartermaster general to purchase in the open market any necessary military property or supplies. The adjutant general shall report to the Governor the amount of property and supplies purchased and the prices paid.
Source:
SL 1913, ch 267, §8; SL 1917, ch 297, §9; RC 1919, §10560; SDC 1939, §41.0114; SL 1967, ch 172, §1; SL 2007, ch 187, §132; SL 2011, ch 1 (Ex. Ord. 11-1), §18, eff. Apr. 12, 2011; SL 2011, ch 2, §138.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-29 - General militia fund--Expenditure procedure.

33-12-29. General militia fund--Expenditure procedure.
Funds appropriated by the Legislature for the maintenance of the National Guard shall be known as the general militia fund. Expenditures from the general militia fund may be made only upon vouchers certified by the adjutant general and approved by the Governor, upon warrants drawn by the state auditor against the state treasury in the manner required by law.
Source:
SL 1917, ch 297, §13; RC 1919, §10565; SDC 1939, §41.0118; SL 2007, ch 187, §133.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-30 - Special militia fund--Sources of funds.

33-12-30. Special militia fund--Sources of funds.
All funds derived from the sale of property belonging to the military department, as provided in this title, and all other funds accruing to the national guard of the state from any source whatsoever other than the general fund appropriated by the Legislature shall be deposited with the state treasurer and by him credited to a fund designated "the special militia fund."
Source:
SL 1913, ch 267, §10; SL 1917, ch 297, §12; RC 1919, §10564; SDC 1939, §41.0117; SL 1955, ch 145, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-31 - Expenditures from special militia fund--Procedure--Claims payable.

33-12-31. Expenditures from special militia fund--Procedure--Claims payable.
The special militia fund is available for National Guard purposes only and is accumulative from year to year. Expenditures from this fund shall be made in the usual manner upon vouchers approved by the Governor, after proper certification by the adjutant general, by warrant drawn by the state auditor against the state treasury as provided by law. However, such expenditures do not come within any restrictions governing payment of expenses incurred in a previous year. The special militia fund may be used to discharge any just or lawful debt properly contracted for National Guard purposes, whether of the ensuing or previous fiscal years.
Source:
SL 1913, ch 267, §10; SL 1917, ch 297, §12; RC 1919, §10564; SDC 1939, §41.0117; SL 1955, ch 145, §1; SL 2007, ch 187, §134.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-32 - Use of special militia fund--Appropriation.

33-12-32. Use of special militia fund--Appropriation.
The special militia fund, and funds accumulating therein, are hereby appropriated for the construction of facilities and the maintenance of the South Dakota National Guard.
Source:
SL 1913, ch 267, §10; SL 1917, ch 297, §12; RC 1919, §10564; SDC 1939, §41.0117; SL 1955, ch 145, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 12 - Military Equipment, Supplies And Funds › Section 33-12-33 - Disposition of rent authorized for armory.

33-12-33. Disposition of rent authorized for armory.
If any organization of the National Guard erects or purchases an armory or assembly room, the annual rent of the armory or assembly room as authorized by this title, or allowed by the Governor, shall be paid into the treasury of the organization.
Source:
SL 1917, ch 297, §41; RC 1919, §10601; SDC 1939, §41.0152; SL 2007, ch 187, §135.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 13 - National Guard Technicians' Retirement Contributions › Section 33-13-7 - Withholding and payment of employee contributions.

33-13-7. Withholding and payment of employee contributions.
Any civilian technician of the South Dakota Army or Air National Guard who is paid entirely from federal funds may authorize the federal disbursing officer to withhold sums of money from the pay of the employee and to pay the money to the State of South Dakota or to the person or organization designated by the employee for the purpose of paying the employee's contribution to a retirement, disability, or death benefit plan.
Source:
SL 1970, ch 192, §1; SL 2007, ch 187, §136.