Title 33, MILITARY AFFAIRS

The South Dakota State Guard shall, in so far as practicable be governed by and subject to the laws of the state pertaining to the national guard. Source: SL 1955, ch 144 , § 1; SDC Supp 1960, § 41.01B01.

If the South Dakota State Guard or any part of the South Dakota State Guard is ordered out for active service, the Uniform State Code of Military Justice, found in chapter 33-10 , is applicable to members of the South Dakota National Guard in relation to courts-martial, their jur…

Nothing in this chapter authorizes any part of the South Dakota State Guard to be called, ordered, or in any manner drafted as such into the military service of the United States. However, no person by reason of the person's enlistment or commission in any such forces may be exem…

No officer or enlisted member of the South Dakota State Guard may be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where the officer or member is ordered to attend for military duty. Every officer and enlisted membe…

This chapter may be cited as the South Dakota State Guard Act. Source: SL 1941, ch 174 , § 15; SDC Supp 1960, § 41.01B13.

The Department of the Military may promulgate rules pursuant to chapter 1-26 not inconsistent with the provisions of this chapter, governing the enlistment, organization, administration, equipment, maintenance, training, and discipline of the South Dakota State Guard. Source: SL …

For the use of the South Dakota State Guard, the Governor may requisition from the Department of the Army any arms and equipment that are available. The Governor may make available to the South Dakota State Guard the facilities of state armories and their equipment and such other…

All appropriations made to the National Guard are deemed to have been appropriated to both the National Guard and the South Dakota State Guard. Source: SL 1955, ch 144 , § 1; SDC Supp 1960, § 41.01B01; SL 2007, ch 187 , § 140.

The South Dakota State Guard shall be composed of officers commissioned or assigned, and such able - bodied male citizens of the state as shall volunteer for service therein, supplemented, if necessary, by men of the militia enrolled by draft or otherwise as provided by law. Such…

The South Dakota State Guard is not required to serve outside the boundaries of this state except as provided by § 33-14-7 . Source: SL 1941, ch 174 , § 5; SDC Supp 1960, § 41.01B05; SL 2007, ch 187 , § 141.

Any organization, unit, or detachment of the South Dakota State Guard, upon order of the officer in immediate command of the organization, unit, or detachment, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the borders of this state …

No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group may be enlisted in the South Dakota State Guard as an organization or unit. Source: SL 1941, ch 174 , § 8; SDC Supp 1960, §…

No person may be commissioned or enlisted in the South Dakota State Guard who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization of this state, or of another state, or of the United States. Source: SL …