South Dakota Administrative Code

Rule 50:01:01:11 Government leases negotiated by the adjutant general -- Subject to board of military affairs approval. 50:01:01:11. Government leases negotiated by the adjutant general -- Subject to board of military affairs approval. Local, state, or federal government agencies…

Rule 50:01:01:12 Rental classifications and rates. 50:01:01:12. Rental classifications and rates. The armory control board shall establish hourly base rates that will cover the cost of operation. This base rate shall be paid by all lessees irrespective of classification unless wa…

Rule 50:01:01:13 Rental rates for other facilities. 50:01:01:13. Rental rates for other facilities. The rental schedule shall include rates for each area that may be available for rent in addition to the drill floor. The schedule shall include a rate for equipment that is availab…

Rule 50:01:01:14 Opening and closing costs. 50:01:01:14. Opening and closing costs.A hourly fee for custodian's services shall be charged when the rental requires the opening or closing of the facility outside regular working hours. Source: 4 SDR 77, effective May 24, 1978; 10 SD…

Rule 50:01:01:15 Deposit. 50:01:01:15. Deposit. A deposit of $100 to cover damages and cleanup shall be given before a lessee occupies the armory. The deposit shall be in the form of a certified check made payable to the state of South Dakota. If the terms of the lease are compli…

Rule 50:01:01:16 Receipt. 50:01:01:16. Receipt.Prenumbered receipts furnished by the adjutant general shall be given for all payments received. The receipts shall be issued in triplicate with the original going to the lessee, the second copy to the adjutant general, and the third…

Rule 50:01:01:17 Form of lease. 50:01:01:17. Form of lease. A prenumbered lease document supplied by the adjutant general shall be used for the rental of armory facilities and equipment. The lease supplied shall be treated as a controlled document and the armory control board is …

Rule 50:01:01:18 Rental fund accountability -- Deposit of funds. 50:01:01:18. Rental fund accountability -- Deposit of funds. All payments made for rental charges and unreturned deposits shall be transmitted monthly to the adjutant general for deposit in the special militia fund.…

Rule 50:01:01:19 Repealed. 50:01:01:19. Operational cost accountability -- Deposit in special account.Repealed. Source: 4 SDR 77, effective May 24, 1978; repealed, 10 SDR 148, effective July 12, 1984.

Rule 50:01:01:20 Repealed. 50:01:01:20. Annual accounting -- Transmittal of funds -- Deposit in special militia fund.Repealed. Source: 4 SDR 77, effective May 24, 1978; repealed, 10 SDR 148, effective July 12, 1984.

Rule 50:01:02:01 Definitions. 50:01:02:01. Definitions. Terms used in this chapter, unless the context plainly requires otherwise, mean: (1) "AAGAR," assistant adjutant general army; (2) "AR," army regulation; (3) "Bona fide guest," a person whose presence within the premises of …

Rule 50:01:02:02 Location. 50:01:02:02. Location. A South Dakota national guard open mess is hereby established in building C-3, Camp Rapid, Rapid City, South Dakota, to provide services essential to messing and recreation of officers, warrant officers, noncommissioned officers, …

Rule 50:01:02:03 Responsible officer. 50:01:02:03. Responsible officer. The Camp Rapid open mess shall be under the direction of the assistant adjutant general for army. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986. General Authority:SDCL 33-11-12. …

Rule 50:01:02:04 Branch outlets. 50:01:02:04. Branch outlets. Camp Rapid open mess branch outlets may be established for greater convenience where it is determined that the military population is widely dispersed. They shall be designated as branches of the parent activity and ma…

Rule 50:01:02:05 Open mess board of governors. 50:01:02:05. Open mess board of governors. An open mess board of two officers, one warrant officer, and two enlisted men shall be appointed by the adjutant general to serve as the board of governors and to establish policy together w…

Rule 50:01:02:06 Membership. 50:01:02:06. Membership. Membership in the Camp Rapid open mess is voluntary. Persons eligible for membership may not be requested to give reasons for declining membership. Membership is confined to the following categories: (1) Active membership, act…

Rule 50:01:02:07 Privileges denied. 50:01:02:07. Privileges denied. Individual open mess membership privileges may be denied to or withdrawn from active, associate, or honorary members by the board of governors, under such conditions as may be approved by the AAGAR. Source: SL 19…

Rule 50:01:02:08 Transferred. 50:01:02:08. Transferred to § 50:01:02:06.

Rule 50:01:02:09 Dues. 50:01:02:09. Dues. Dues shall be fixed by the board of governors and approved by the AAGAR and shall entitle the member to one year's membership, based on a calendar year. Associate members temporarily present may be granted a reduced membership fee for a l…

Rule 50:01:02:10 Patronage of facilities limited. 50:01:02:10. Patronage of facilities limited. The patronage of open mess facilities is limited to members and their dependents, bona fide guests of active members, and armed forces personnel and other individuals temporarily prese…

Rule 50:01:02:11 Identification. 50:01:02:11. Identification. The board of governors shall establish positive control measures to insure that patronage is restricted to those persons authorized by § 50:01:02:10. Such measures shall include a membership or temporary patronage auth…

Rule 50:01:02:12 Executive control. 50:01:02:12. Executive control. The open mess is controlled by the board of governors and the AAGAR who shall appoint a custodian or manager. The board of governors shall meet at least quarterly. It shall submit recommendations for the operatio…

Rule 50:01:02:13 Duties of custodian or manager. 50:01:02:13. Duties of custodian or manager. The custodian or manager must be a member of the South Dakota national guard. He is responsible to the AAGAR for overall management policies and the performance of duty by assistants and…

Rule 50:01:02:14 Custodian or manager's pay. 50:01:02:14. Custodian or manager's pay. The custodian or manager's pay shall be determined by the board of governors. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986. General Authority:SDCL 33-11-12. Law Im…

Rule 50:01:02:15 Veto of acts by the adjutant general. 50:01:02:15. Veto of acts by the adjutant general. The adjutant general may veto any acts of the board of governors in connection with activities of an open mess which he deems not in the best interest of the national guard. …

Rule 50:01:02:16 Administration. 50:01:02:16. Administration. The AAGAR has jurisdiction over, and is responsible for, the establishment, administration, operation, financial condition, including solvency and stability, and dissolution of the mess. He shall perform the following …

Rule 50:01:02:17 Loan of funds prohibited. 50:01:02:17. Loan of funds prohibited. Lending of open mess funds to individuals is prohibited. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986. General Authority:SDCL 33-11-12. Law Implemented:SDCL 33-11-12.

Rule 50:01:02:18 Inspections. 50:01:02:18. Inspections. Inspection of the Camp Rapid open mess shall be conducted as required by the AAGAR. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986. General Authority:SDCL 33-11-12. Law Implemented:SDCL 33-11-12.…

Rule 50:01:02:19 Operation. 50:01:02:19. Operation. Open messes shall be operated in an economical, efficient, and businesslike manner which will insure solvency and financial stability at all times. Unless otherwise authorized by the AAGAR and approved by the adjutant general, c…

Rule 50:01:02:20 Income. 50:01:02:20. Income. Income of an open mess shall consist of fees and dues paid by members, net income from service charges for authorized activities, interest on investments and savings accounts, proceeds from sales of mess-owned property or equipment co…

Rule 50:01:02:21 Transferred. 50:01:02:21. Transferred to § 50:01:02:05.

Rule 50:01:02:22 Activities authorized. 50:01:02:22. Activities authorized. Within its resources, the open mess may provide recreational, morale, and incidental income-producing facilities, equipment, and services for the conduct of activities for its members as considered necess…

Rule 50:01:02:23 Purchasing officers. 50:01:02:23. Purchasing officers. Open mess custodians and managers designated as purchasing officers and contracting officers shall execute a sworn statement declaring no conflict of interest by reason of association with or by having a mone…

Rule 50:01:02:24 Purchases. 50:01:02:24. Purchases. Merchandise, supplies, equipment, and services shall be purchased in the open market to the best advantage of the fund, price and other factors considered, without favoritism and without regard to prices locally established. All…

Rule 50:01:02:25 Alcoholic beverages purchases. 50:01:02:25. Alcoholic beverages purchases. Purchase of alcoholic beverages shall be made from South Dakota licensed wholesalers and distributors only. Such purchases may be made on the basis of 30-day credit. As far as practicable,…

Rule 50:01:02:26 Sales subject to taxes. 50:01:02:26. Sales subject to tax. Other merchandise for resale purchased from wholesalers shall be subject to whatever credit terms may be worked out with the supplier to the best advantage of the open mess. A certificate of exemption fro…

Rule 50:01:02:27 Contracting officer. 50:01:02:27. Contracting officer. The fund custodian is the contracting officer for the unappropriated fund; however, a designated purchasing or contracting officer may be appointed as agent of the custodian for the purpose of negotiating, aw…

Rule 50:01:02:28 Conformance with army regulations. 50:01:02:28. Conformance with army regulations. As far as practicable, procedures for contracting for supplies shall be as provided in AR 215-1 to AR 215-5, inclusive (February 26, 1986). Source: SL 1975, ch 16, § 1; 12 SDR 151,…

Rule 50:01:02:29 Accounting. 50:01:02:29. Accounting. As far as practicable, accounting procedures for the open mess shall be in accordance with AR 215-1 to AR 215-5, inclusive (February 26, 1986), and instructions of the state auditor general contained in audits performed by his…

Rule 50:01:02:30 Inactivation. 50:01:02:30. Inactivation. Upon notification of inactivation or standby status by the adjutant general, the AAGAR shall take such action as he considers necessary to preclude improvident or extravagant expenditure of assets prior to the dissolution …

Rule 50:01:02:31 Disposition of assets. 50:01:02:31. Disposition of assets. Upon dissolution or inactivation of the open mess, the board of governors with the AAGAR shall determine the disposition of assets of the open mess in such a manner as to best effect a maximum recoupment …

Rule 50:01:02:32 Use of funds. 50:01:02:32. Use of funds. Open mess funds shall be used for the purpose of providing services essential to the messing, morale, welfare, and recreation of commissioned officers, warrant officers, noncommissioned officers, other enlisted personnel, …

Rule 50:01:02:33 Reports to adjutant general. 50:01:02:33. Reports to adjutant general. The proceedings of the board of governors on utilization of the open mess fund shall be recorded and submitted to the adjutant general for approval. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12…

Rule 50:01:03:01 Definitions. 50:01:03:01. Definitions. Terms used in these rules mean: (1) "Executive board," the adjutant general; assistant adjutant generals, army and air; the state headquarters G-1; and the chairman of the board of directors; (2) "Board of directors," the bo…

Rule 50:01:03:02 Executive board responsibilities and authority. 50:01:03:02. Executive board responsibilities and authority. The executive board shall meet on call of the adjutant general. The executive board shall establish policy for the operation of the state national guard m…

Rule 50:01:03:03 Board of directors -- Appointment. 50:01:03:03. Board of directors -- Appointment. The adjutant general shall appoint all members to the board of directors. Members shall serve for the term appointed, unless replacement is requested because of resignation or fail…

Rule 50:01:03:04 Board of directors -- Responsibilities and authority. 50:01:03:04. Board of directors -- Responsibilities and authority. The board of directors shall manage the state national guard museum and annexes. Its responsibilities include the following: (1) Development o…

Rule 50:01:03:05 Board of directors -- Election of officers. 50:01:03:05. Board of directors -- Election of officers. Annually, prior to July 1, the board of directors shall elect from board members, by majority vote, a chairman, vice-chairman, secretary, and treasurer to serve d…

Rule 50:01:03:06 Board of directors -- Meetings, minutes, and conduct of business. 50:01:03:06. Board of directors -- Meetings, minutes, and conduct of business. Meetings of the board of directors shall be held on call of the chairman or the adjutant general. The board shall cond…

Rule 50:01:03:07 Acquisitions and loan of historical properties. 50:01:03:07. Acquisitions and loan of historical properties. The board of directors may meet eligibility requirements for the acquisition and loan of historical properties under the provisions of AR 870-20 (Septembe…