Title 33, MILITARY AFFAIRS

The Governor shall cause suit to be brought whenever necessary to make good any injury, want of repair, or loss of any quartermaster or ordnance stores or supplies or other state property. However, if any such stores or property belonging to the state are lost, destroyed, or dama…

All property belonging to any organization of the National Guard is exempt from taxation or assessment for any purpose. Source: SL 1887, ch 100 , § 62; CL 1887, § 1978; RPolC 1903, § 2515; SL 1903, ch 185 , § 38; SL 1917, ch 297 , § 41; RC 1919, § 10601; SDC 1939, § 41.0152; SL 2…

Any unauthorized person who enters any fort, magazine, arsenal, armory, arsenal yard, or encampment, and removes any arms, ammunition, military stores, or supplies belonging to the National Guard, and any unauthorized person who enters any such place with intent to remove such pr…

No officer of the National Guard, except the adjutant general, may incur any expenses to be paid by the state, except expenses that are authorized by this title. Source: SL 1917, ch 297 , § 11; RC 1919, § 10563; SL 1919, ch 256 ; SDC 1939, § 41.0116; SL 1947, ch 182 ; SL 1968, ch…

The adjutant general shall keep an accurate account of all expenditures necessarily made for the military service of the state. The account shall be paid on proper vouchers presented for the account and upon the approval of the adjutant general from the appropriations made by the…

The adjutant general shall keep an accurate account of all expenses necessarily incurred, including pay of officers and enlisted men, subsistence and transportation of the National Guard and of all military property of the state. The expenses shall be audited and paid in the same…

The adjutant general shall audit and pass upon all claims of military character against the state, and no military contract against the state is valid or may be paid until approved by the adjutant general, except such as are contracted by the Governor. In extreme emergencies, how…

The provisions of chapters 5-18A , 5-18B , and 5-18D , governing contracts by public corporations, apply to contracts and purchases by the adjutant general and the Department of the Military. However, in case of insurrection, invasion, tumult, riot, breach of the peace, imminent …

Funds appropriated by the Legislature for the maintenance of the National Guard shall be known as the general militia fund. Expenditures from the general militia fund may be made only upon vouchers certified by the adjutant general and approved by the Governor, upon warrants draw…

The quartermaster general shall attend to the care, preservation, safekeeping, and repairing of the arms, ordnance, accouterments, equipment, and all other military property belonging to the state or issued to the state by the government of the United States, for the purpose of a…

All funds derived from the sale of property belonging to the military department, as provided in this title, and all other funds accruing to the national guard of the state from any source whatsoever other than the general fund appropriated by the Legislature shall be deposited w…

The special militia fund is available for National Guard purposes only and is accumulative from year to year. Expenditures from this fund shall be made in the usual manner upon vouchers approved by the Governor, after proper certification by the adjutant general, by warrant drawn…

The special militia fund, and funds accumulating therein, are hereby appropriated for the construction of facilities and the maintenance of the South Dakota National Guard. Source: SL 1913, ch 267 , § 10; SL 1917, ch 297 , § 12; RC 1919, § 10564; SDC 1939, § 41.0117; SL 1955, ch …

If any organization of the National Guard erects or purchases an armory or assembly room, the annual rent of the armory or assembly room as authorized by this title, or allowed by the Governor, shall be paid into the treasury of the organization. Source: SL 1917, ch 297 , § 41; R…

The adjutant general is the custodian of all flags and colors of South Dakota troops engaged in any war, and shall provide for their care and custody as the Governor directs. The adjutant general also has charge of all regimental flags and colors of the militia of the state when …

The adjutant general has supervision of and is responsible for all the arms, ordnance, accouterments, equipment, and other military property that is issued to the state by the secretary of defense in compliance with law. The adjutant general shall prepare returns of such arms and…

The adjutant general shall issue military property as the Governor directs and under the Governor's direction shall make purchases for that purpose. Military property may only be issued to persons or organizations belonging to the organized militia. Source: SL 1913, ch 267 , § 8;…

The adjutant general shall upon order of the Governor turn in to the armed forces of the United States any weapons, equipment, and accouterments that are the property of the United States in possession of the state, and that are to be replaced by new weapons, equipment and accout…

Any military property of the state which, after a proper inspection, is found unsuitable for the use of the state shall, under direction of the Governor, be disposed of by the quartermaster general at public auction or private sale. The sale shall be advertised at least once each…

The commanding officer of any unit of the National Guard is the legal custodian of the money, property, and effects of the unit, whether the property is owned by the unit, or its members collectively, or has been issued to it or any of its officers, for its use, by the state or b…

Any civilian technician of the South Dakota Army or Air National Guard who is paid entirely from federal funds may authorize the federal disbursing officer to withhold sums of money from the pay of the employee and to pay the money to the State of South Dakota or to the person or…

Any payment made to the State of South Dakota pursuant to § 33-13-7 is considered as state sponsorship, but the expenditure of any state funds in connection with activities authorized by § 33-13-7 is prohibited. Source: SL 1970, ch 192 , § 2; SL 2007, ch 187 , § 137.

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…

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…

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…

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 …

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 …

The Governor, the secretary, and the executive officers or governing bodies of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and of the political subdivisions the…

Whenever the Governor in pursuance to § 33-15-8 shall declare an emergency or disaster to exist within the state, he may authorize and direct the resources of any political subdivision of the state or of any department, commission, or agency of the state to assist another politic…

Any emergency management worker on duty in a receiving political subdivision has the same powers, duties, rights, privileges, and immunities as if the worker was performing like services in the sending political subdivision and is considered to be acting within the scope and in t…

The receiving political subdivision shall reimburse the sending political subdivision for all supplies used, the expenses of all equipment used, and the compensation paid to all officers and members of such forces so furnished during such time as the rendition of such aid prevent…

There is hereby created and established the South Dakota Civil Air Patrol, the head of which shall be the duly appointed commanding officer of the Civil Air Patrol, South Dakota wing. Source: SL 1953, ch 342 , § 1; SDC Supp 1960, § 55.11A01; SL 1974, ch 3 , § 34; SDCL § 50-3-1 ; …

The Civil Air Patrol is hereby authorized upon the direction of the Governor, to fully cooperate with any department or agency of the State of South Dakota, or with the United States government or any department or agency thereof, for the purposes of providing communications, res…

The Civil Air Patrol shall continue within the Department of the Military, and shall retain all its prescribed functions, including administrative functions. The patrol shall submit such records, information, and reports in the form and at such times as required by the adjutant g…