Title 33 — MILITARY AFFAIRS
23 chapters · 474 sections in this title.
SDCL § 33-9-1 Authority of Governor to order active service--Application of other public officials
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In case of war, insurrection, rebellion, riot, invasion, resistance to the execution of the law of this state or of the United States, or in the event of public disaster or upon application of any marshal of the United States, or the mayor of any first or second class municipalit…
SDCL § 33-9-10 Immunity of commanding officers and members of military forces
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The commanding officer and members of any of the military forces engaged in the suppression of an insurrection, the dispersion of a mob, or the enforcement of the laws, have the same immunity as law enforcement officers. Source: SDC 1939, § 41.0179; SL 2007, ch 187 , § 85.
SDCL § 33-9-11 Compensation and expenses during active service
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In active service pursuant to §§ 33-9-1 to 33-9-3 , inclusive, the compensation and expenses of the national guard and claims of the members thereof for injury or illness incurred in line of duty, shall be paid out of any funds in the state treasury not otherwise appropriated. So…
SDCL § 33-9-12 National Guard Mutual Assistance Compact--Enactment--Text of compact
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The National Guard Mutual Assistance Compact is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining therein, in the form substantially as follows: ARTICLE I. PURPOSE The purposes of this compact are to: 1. Provide for mutual…
SDCL § 33-9-13 State service periods--Rights and benefits
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In accordance with paragraph (h) of Article III of the compact members of the National Guard Forces of South Dakota shall be deemed to be in state service at all times when engaged pursuant to this compact, and shall be entitled to all rights and benefits provided by the State of…
SDCL § 33-9-14 Claims--Payment
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Upon presentation of a claim therefor by an appropriate authority of a state whose national guard forces have aided the State of South Dakota pursuant to the compact, any liability of South Dakota pursuant to paragraph (f) of Article III of the compact shall be paid out of the ge…
SDCL § 33-9-15 National Guard Mutual Assistance Counter - drug Activities Compact--Enactment--Text of Compact
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The National Guard Mutual Assistance Counter - drug Activities Compact is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining therein, in form substantially as follows: ARTICLE I. PURPOSE The purposes of this compact are: (A…
SDCL § 33-9-2 Absence of Governor--Authority of National Guard commanders
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If the Governor is absent or cannot be immediately communicated with, any civil officer named in § 33-9-1 may, if the civil officer deems the occasion sufficiently urgent, apply electronically, telephonically, or in writing to the commanding officer of any unit of the National Gu…
SDCL § 33-9-3 Delivery and communication of active service order--Procedure
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Any order pursuant to § 33-9-1 or 33-9-2 shall be delivered to the commanding officer and immediately communicated by the commanding officer to each subordinate officer. Each company commander receiving the order shall immediately communicate the substance of the order to each me…
SDCL § 33-9-7 Accessories to disobedience--Misdemeanor
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Any person who advises or endeavors to persuade any officer or enlisted member of the National Guard to refuse or neglect to appear at such place or obey such orders is guilty of a Class 2 misdemeanor. Source: SL 1903, ch 185 , § 28; SL 1917, ch 297 , § 38; RC 1919, § 10598; SDC …
SDCL § 33-9-8 Response to disasters--Suppression of riots--Duty to obey civilian officials
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An armed force may be called out to respond to public disaster resulting from flood, conflagration, or tornado, or for the purpose of suppressing any tumult or riot, or for the purpose of dispersing any group of persons that is acting together by force with intent to commit any f…
SDCL § 33-9-9 Injuries in course of riot suppression--Members and magistrates exonerated--Rioters held to answer
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If the efforts made pursuant to § 33-9-8 by, or at the direction of, any of the magistrates or officers mentioned in § 33-9-8 to disperse any unlawful, riotous, or tumultuous assembly, or to seize and secure the persons who have assembled and have refused to disperse, though the …