Title 33 — MILITARY AFFAIRS

The Department of the Military also constitutes a board for general management and care of armories. The department may promulgate rules pursuant to the provisions of chapter 1-26 for armory management and government and to provide for the guidance of the organization occupying t…

The commanding officer at any encampment, parade, drill, muster, or other rendezvous of the national guard shall prohibit and prevent the sale or use of all alcoholic beverages within the limits of the encampment, parade grounds, or armory. However, the adjutant general may, as n…

The adjutant general under rules promulgated pursuant to the provisions of chapter 1-26 may provide for certain sundry, welfare, and revenue producing fund activities for the benefit of the members of the national guard. Such activities shall be similar in nature to those authori…

The Department of the Military shall donate the state's interest in the National Guard armory located in Sisseton to the city of Sisseton subject to the city's acceptance of the property as the property exists on the date of acceptance. The Governor shall execute a quitclaim deed…

The Department of the Military, South Dakota Army National Guard, may purchase land, comprising more or less of thirty acres located in Sturgis, South Dakota, adjacent to the Sturgis Brown High School and located in the S1/2, Section 1 and N1/2, Section 12, Township 5 North, Rang…

The Department of the Military and seller agree that, in entering into the agreement to purchase land pursuant to § 33-11-14 , the seller has taken into consideration the department's intended use of the real property and the long-standing relationship between the department and …

The Department of the Military shall erect or provide anywhere within the limits of this state, upon terms and conditions determined as most advantageous to the state, armories and other facilities for the use of the National Guard. The armories and other facilities shall be used…

The State of South Dakota, acting through the Department of the Military in participation with the federal government, and any county, municipal corporation, school district, or any department, agency, or board of the state or combination thereof, acting through their governing b…

The buildings referred to in § 33-11-3 shall be suitable for use as armories or other facilities by the National Guard. The buildings shall also be suitable for use by a cooperating public corporation or agency for the same purposes as a building that the corporation or agency is…

Agreements for the operation, maintenance, and use of the buildings referred to in § 33-11-3 shall be such as will ensure adequate accommodations and use for the national guard and the reserve components of the national military establishments of the United States. Source: SL 194…

The Department of the Military may receive from counties, school districts, municipalities, or other sources, donations of land or contributions of money, buildings, or other property to aid in providing or erecting armories and other facilities throughout the state for the use o…

Counties, school districts, or municipalities may contribute land, money, buildings, or other property for the purposes of this chapter. Any first or second class municipality may levy a tax upon all property within the municipality subject to taxation to raise the necessary mone…

The Department of the Military shall, upon donation of a proper site by any county or municipality, erect for the use of any unit of the National Guard, and other organizations and public functions as specified in § 33-11-2 , an armory to be used for meeting, rendezvous, drill, a…

The Department of the Military has charge of any armory erected or provided pursuant to § 33-11-8 and shall arrange for its occupancy and use under the direction and responsibility of the senior officer in command. Source: SL 1917, ch 297 , § 87; RC 1919, § 10647; SDC 1939, § 41.…

To accomplish the preservation of military records, banners, and relics of the state required by S.D. Const., Art. XV, § 6, the adjutant general may establish a South Dakota National Guard Museum and state weapons collection. Source: SL 1982, ch 253 , § 1.

An armory or other facility under the control of the Department of the Military may be used for the purpose of §

The adjutant general may appoint a museum board to supervise and coordinate the activities of the museum and collection. The members shall serve without reimbursement and at the pleasure of the adjutant general. The board may adopt rules pursuant to chapter 1-26 for the operation…

The museum board may solicit, receive, and administer donations of funds or property for the support and improvement of the museum. Source: SL 1982, ch 253 , § 4.

All property donated to the museum without conditions or restraints is state property. Source: SL 1982, ch 253 , § 6.

Any law enforcement agency which has custody of any firearms or any parts of firearms which are subject to destruction, may in lieu of destruction, deposit them with the museum and weapons collection. Source: SL 1982, ch 253 , § 5.

All amounts deposited in the national guard museum and state weapons collection special trust account in the Office of the State Treasurer are appropriated to the use of the museum board for its expenses in the operation and maintenance of the museum and its annexes. Prorated ear…

Source: SL 1913, ch 267 , § 8; SL 1917, ch 297 , § 9; RC 1919, § 10556; SDC 1939, § 41.0109; SL 1986, ch 27 , § 24; SL 2007, ch 187 , § 107; SL 2023, ch 109 , § 21.

Every officer or other person having custody or control of the military property of the United States or of the state shall periodically make a return of the property on a form and to the appropriate department as required by law. Source: SL 1887, ch 100 , § 66; CL 1887, § 1982; …

If any National Guard officer responsible for state property resigns or is reassigned, dismissed, or discharged, the officer shall deliver the property in the officer's possession, for which only the officer is responsible, to the quartermaster general, or to some person duly app…

In case of the death of any officer of the National Guard responsible for state property the next in command shall immediately take charge of the property and deliver it to the quartermaster general or some person appointed to receive the property. Source: SL 1903, ch 185 , § 26;…

All military supplies issued to any officer of the National Guard are at all times subject to inspection by any officer designated by the Governor for that purpose, who shall report the true condition of the supplies. The Governor may at any time require repairs to be made or def…

The clothing, arms, military outfits, accouterments, and stores furnished by the State of South Dakota or the United States to the National Guard may not be sold, bartered, exchanged, pledged, or given away, and the possession of any such property by any person not a member of th…

Any property of the state that is lost, stolen, damaged, or destroyed in the military service shall be acted upon by a disinterested inspector or officer, detailed as such, who shall make full investigation and report all the facts and circumstances of the case. If any person is …

The Governor may, at any time, convene a board of survey to condemn quartermaster and ordnance stores and supplies, or to appraise the loss sustained by the state from injury, want of repair, defects, or losses in any such quartermaster or ordnance stores issued to any officer of…

As quartermaster general, the adjutant general may require any duly appointed assistant, who shall be a member of the National Guard, to give a bond with sufficient surety, in an amount the quartermaster general deems sufficient, to the state. The bond shall be conditioned for th…

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…

33-12-23 Unauthorized entry to remove military property--Felony. 33-12-24 Adjutant general as proper party to incur expenses. 33-12-25 Accounting of expenditures--Approval of adjutant general--Payment. 33-12-26 Accounting of expenses including pay, subsistence, and transportation…

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…