Title 33 — MILITARY AFFAIRS
23 chapters · 474 sections in this title.
SDCL § 33-6-1 Repealed by SL 1999, ch 168 , § 1
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33-6-2 Exemption from arrest and process at certain times. 33-6-3 Right of way while performing duty--Interference with law enforcement personnel or emergency vehicles prohibited. 33-6-4 Representation furnished National Guard members in civil proceedings--Security for costs--Att…
SDCL § 33-6-10 Repealed by SL 2014, ch 123 , § 32
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33-6-1. Repealed by SL 1999, ch 168 , § 1.
SDCL § 33-6-2 Exemption from arrest and process at certain times
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No person belonging to the military forces may be arrested on any civil process while going to, remaining at, or returning from any drill or annual training that the member is required to attend for duty. Source: SL 1887, ch 100 , § 65; CL 1887, § 1981; RPolC 1903, § 2520; SL 190…
SDCL § 33-6-3 Right of way while performing duty--Interference with law enforcement personnel or emergency vehicles prohibited
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Any National Guard unit or personnel performing any duty according to law have the right of way in any street or highway through which they may pass. However, the unit or personnel may not interfere with the legitimate functions of law enforcement personnel or with the progress a…
SDCL § 33-6-4 Representation furnished National Guard members in civil proceedings--Security for costs--Attorneys fees and costs
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If a civil suit or civil proceedings are commenced in any court by any person against any member of the South Dakota National Guard for any act done by the member in an official capacity in the discharge of any duty under this title, or against any person lawfully acting under au…
SDCL § 33-6-5 Member tuition benefit--Board of Regents undergraduate degree programs--Limitations
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Any member of the South Dakota National Guard is, upon compliance with all the requirements for admission and subject to the provisions of § 33-6-7 , entitled to a benefit as prescribed by this section and § 33-6-5.2 to attend and pursue any undergraduate course or courses in any…
SDCL § 33-6-5.1 Member tuition benefit--Board of Regents graduate degree programs--Limitations
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Any member of the South Dakota National Guard is, upon compliance with all the requirements for admission and subject to the provisions of § 33-6-7 , entitled to a benefit as prescribed by this section and §
SDCL § 33-6-5.2 Member tuition benefit--Board of Regents undergraduate courses not subsidized by general fund--Limitation
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Notwithstanding the provisions of § 13-55-23 , an eligible member of the South Dakota National Guard enrolled in undergraduate courses under the control and management of the Board of Regents not subsidized by the general fund are entitled to a benefit of one hundred percent of t…
SDCL § 33-6-5.3 Member tuition benefit--Board of Regents graduate courses not subsidized by general fund--Limitation
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Notwithstanding the provisions of § 13-55-23 , an eligible member of the South Dakota National Guard enrolled in graduate courses under the control and management of the Board of Regents not subsidized by the general fund are entitled to a benefit of one hundred percent of the in…
SDCL § 33-6-5.4 Member tuition benefit--Federal tuition benefit defined
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For the purposes of this chapter, the term, federal tuition benefit, means a tuition benefit provided by the United States Department of Defense, United States Department of the Army, or the United States Department of the Air Force. The term, federal tuition benefit, excludes an…
SDCL § 33-6-5.5 Member tuition benefit--In-state, private, nonprofit postsecondary institution--Participation--Estimate submission
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Any private, nonprofit postsecondary institution located in this state, recognized as an exempt organization under 26 U.S.C. § 501(c)(3) as of January 1, 2024, and authorized to provide educational programs pursuant to chapter 13-48 , may participate in the state's tuition benefi…
SDCL § 33-6-5.6 Member tuition benefit--In-state, private, nonprofit postsecondary institution--Maximum benefit
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An individual who meets the eligibility requirements of § 33-6-7 and is enrolled as a student in an undergraduate or graduate program at any institution participating in the tuition benefit program under § 33-6-5.5 is entitled to the maximum tuition benefit payable by the state u…
SDCL § 33-6-6 Member tuition benefit--State technical college programs--Limitations
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Any member of the South Dakota National Guard, who is a resident of the state and who possesses the entrance requirements for admission to any technical college program, is entitled to complete one program of study approved by the Board of Technical Education in any state technic…
SDCL § 33-6-7 Member tuition benefit--Eligibility
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To be eligible for a tuition benefit under § 33-6-5 , 33-6-5.1 , 33-6-6 , or 33-6-5.6 , an individual must: (1) Be a member of the South Dakota Army National Guard Unit or Air National Guard Unit throughout each semester or vocational program for which the member applies for bene…
SDCL § 33-6-8 Member tuition benefit--Application--Determination--Promulgation of rules
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Any individual desiring to use the benefits of § 33-6-5 , 33-6-5.1 , 33-6-6 , or 33-6-5.6 must apply to the Department of the Military. The adjutant general shall determine if the individual is entitled to the benefits of §§ 33-6-5 to 33-6-8 , inclusive. The adjutant general shal…
SDCL § 33-6-8.1 Tuition benefits for nonresident national guard members
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For purposes of tuition at any institution under the control and management of the Board of Regents, any nonresident member of the National Guard of the State of South Dakota who is eligible for any benefits under §§ 33-6-5 to 33-6-8 , inclusive, is considered a resident of South…
SDCL § 33-6-9 Repealed by SL 1992, ch 234 , § 3
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33-6-10