23 chapters · 474 sections in this title.
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
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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 appointmen…
SDCL § 33-3-10 Discipline and training
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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 , § …
SDCL § 33-3-11 Orders issued by governor--Federal requirements
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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 th…
SDCL § 33-3-12 Applicability of federal regulations
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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 …
SDCL § 33-3-13 General efficiency of National Guard--Duty of adjutant general
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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 …
SDCL § 33-3-14 Duty of subordinate commanding officers
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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; SD…
SDCL § 33-3-15 Duty of other officers and enlisted men--Preservation of property
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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 or…
SDCL § 33-3-2 Personnel comprising National Guard
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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 o…
SDCL § 33-3-21 Marking ground selected for guard activity--Obstruction of travel--Trespassers--Misdemeanor
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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 …
SDCL § 33-3-22 Interfering with National Guard members in performance of duty--Misdemeanor
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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 en…
SDCL § 33-3-23 Target practice--Competition
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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 m…
SDCL § 33-3-28 Military personnel authorized to administer oaths
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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 c…
SDCL § 33-3-29 Awards to outstanding members of guard authorized
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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 wit…
SDCL § 33-3-3 Composition of military units--Authorization for units by President of United States
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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 …
SDCL § 33-3-5 Recognition of units by Department of Defense
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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.
SDCL § 33-3-6 Emergency mustering of National Guard
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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 Pres…
SDCL § 33-3-7 Recruiting additional authorized units
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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…
SDCL § 33-3-8 Location of units--Disbanding or reducing size of units
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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 disband…
SDCL § 33-3-9 Organization, equipment, and discipline of National Guard--Federal requirements
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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 dis…