Title 33 — MILITARY AFFAIRS
23 chapters · 474 sections in this title.
SDCL § 33-14-1 Authorization to organize and maintain South Dakota State Guard distinct from National Guard
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The Governor may organize and maintain within this state such military forces as the Governor deems necessary to protect life and property in this state. Such forces are additional to and distinct from the National Guard and are known as the South Dakota State Guard. Source: SL 1…
SDCL § 33-14-10 Oath for officers
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The oath to be taken by officers commissioned in the South Dakota State Guard shall be substantially in the form prescribed for officers of the national guard, substituting the words South Dakota State Guard where necessary. Source: SL 1941, ch 174 , § 10; SDC Supp 1960, § 41.01B…
SDCL § 33-14-11 Term of enlistment--Renewal--Oath for enlisted members
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No person may be enlisted in the South Dakota State Guard for more than one year, but such enlistment may be renewed. The oath to be taken upon enlistment in the South Dakota State Guard shall be substantially in the form prescribed for enlisted members of the National Guard, sub…
SDCL § 33-14-12 Members to serve without pay except on active duty--Rate of pay
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The officers and men of the South Dakota State Guard shall serve without pay, except when called out for active duty by the Governor. Members called out for service shall receive the same pay and allowances for the time spent on active duty as would be received by members of the …
SDCL § 33-14-13 National guard laws as governing state guard
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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.
SDCL § 33-14-14 Uniform State Code of Military Justice applicable
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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…
SDCL § 33-14-15 Draft into federal service not authorized--Members not exempt from draft
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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…
SDCL § 33-14-16 Immunity from arrest while performing military duties--Exceptions--Exemption from other public duties
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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…
SDCL § 33-14-17 Citation of chapter
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This chapter may be cited as the South Dakota State Guard Act. Source: SL 1941, ch 174 , § 15; SDC Supp 1960, § 41.01B13.
SDCL § 33-14-2 Promulgation of rules by department
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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 …
SDCL § 33-14-3 Requisition of arms and equipment from Department of Army--Availability of armories and equipment
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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…
SDCL § 33-14-4 Appropriations to National Guard
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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.
SDCL § 33-14-5 Composition of state guard--Uniform
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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…
SDCL § 33-14-6 Out-of-state service not required
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The South Dakota State Guard is not required to serve outside the boundaries of this state except as provided by §
SDCL § 33-14-7 Fresh pursuit of offender beyond state border--Conditions
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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 …
SDCL § 33-14-8 Private organizations prohibited from enlisting as unit
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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, §…
SDCL § 33-14-9 Qualifications of members--Citizenship--Previous expulsion from military service
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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 …