Title 33 — MILITARY AFFAIRS

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…

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…

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…

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…

All officers of the National Guard shall be commissioned by the Governor, at the Governor's discretion, upon the recommendation of the adjutant general. However, no person may be commissioned as an officer unless the person has been examined and adjudged qualified to be an office…

The Governor shall issue commissions to all officers of the National Guard appointed by the Governor. Every commission shall be signed by the Governor and attested by the adjutant general. Each officer so commissioned shall take and file with the adjutant general the oath of offi…

33-4-12 Board of Examiners--Promulgation of rules. 33-4-13 33-4-13 to 33-4-18. Repealed by SL 2007, ch 187 , §§ 45 to 50. 33-4-19 Repealed.

The Governor may appoint and detail a board to be known as the Board of Examiners for the purpose of determining the fitness of officers of the National Guard and applicants for office, and for promotion of officers. The board shall promulgate rules pursuant to chapter 1-26 gover…

Source: SL 1917, ch 297 , § 28; RC 1919, § 10582; SDC 1939, § 41.0135; SL 2007, ch 187 , § 51; SL 2023, ch 109 , § 3.

Any commissioned officer of the National Guard shall be a citizen of the United States and be either a qualified resident of this state or a nonresident who is accepted into service of the South Dakota National Guard. Any commissioned officer shall further meet the qualifications…

Except as specifically excluded by statute or military regulation, any person commissioned as an officer in the National Guard shall meet the requirements for federal recognition and appointment to the identical rank and position in the National Guard as is required for persons s…

If the Governor desires to create a new organization of the National Guard, the Governor may appoint all the officers necessary to commence and complete the organization. Source: SL 1913, ch 267 , § 18; SL 1917, ch 297 , § 21; RC 1919, § 10574; SDC 1939, § 41.0127; SL 2007, ch 18…

Commissioned officers of the national guard shall take and subscribe to the following oath of office: "I, _______, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of South Dakota, against all enemies, foreig…

33-5-16. Repealed by SL 2007, ch 187 , § 62.

Any person who is a citizen of the United States, or has declared the intention to become a citizen, who is within the age limits currently authorized by the Department of Defense for enlistment in the active components of the United States armed forces, may be enlisted in the So…

If a member of the National Guard changes primary residence within the state, the member may be transferred to a unit of the National Guard located at the place of the new primary residence. If there is no organization of the National Guard located within fifty miles of the membe…

In time of peace, no enlisted member of the National Guard may be discharged before the expiration of the member's period of enlistment, except: (1) By order of the President or secretary of defense; (2) By sentence of a general court-martial; (3) By direction of the Governor on …

Any person who fails to return any military property, equipment, or other items belonging to the armed forces of the United States, any reserve component, or the South Dakota National Guard, or any element or component thereof, is guilty of theft. The degree of theft shall be det…

All discharges from the National Guard are subject to the provisions of this title, the applicable provisions of federal law, and the rules promulgated by the adjutant general pursuant to chapter 1-26 . Source: SL 1917, ch 297 , § 35; RC 1919, § 10595; SDC 1939, § 41.0147; SL 198…

The Department of the Military may promulgate rules pursuant to chapter 1-26 providing for discharges from the National Guard. Source: SL 1986, ch 272 , § 7; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 27 eff. Apr. 12, 2011.

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…

33-6-1. Repealed by SL 1999, ch 168 , § 1.

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…

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…

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…

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…

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 §

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…

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…

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…

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…

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…

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…

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…

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…

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…

33-6-10

Officers and enlisted men of the national guard who are ordered into active service, in pursuance to the provisions of this title, shall be paid the same compensation, at the same rate of pay, as that paid to the officers and enlisted men of like rank and grade of the armed force…

Stoppage may be made against the compensation payable to any officer or enlisted man of the national guard from the federal government, or the State of South Dakota, to cover: (1) The costs of public property lost or destroyed by and chargeable to such officer or enlisted man; (2…

Any member of the National Guard performing state active duty shall be reimbursed for all necessary expenses pursuant to §

Any member of the National Guard who is temporarily injured or who becomes temporarily ill while serving on state active duty shall receive medical care at the expense of the state until cleared to return to the member's regular employment by a medical review board appointed by t…

Source: SL 1893, ch 117 , § 16; RPolC 1903, § 2513; SL 1903, ch 185 , §§ 36, 79; SL 1917, ch 297 , § 68; RC 1919, § 10628; SDC 1939, § 41.0176; SL 2023, ch 109 , § 4. 33-8-2 to 33-8-4. Repealed by SL 2007, ch 187 , §§ 72 to 74.

Superseded.

Source: SL 1893, ch 117 , § 16; RPolC 1903, § 2513; SL 1903, ch 185 , § 36; SL 1917, ch 297 , § 68; RC 1919, § 10628; SDC 1939, § 41.9905; SL 1976, ch 158 , § 43-6; SL 2007, ch 187 , § 75; SL 2023, ch 109 , § 5.

Source: SL 1903, ch 185 , § 36; SL 1917, ch 297 , § 68; RC 1919, § 10628; SDC 1939, § 41.0176; SL 2023, ch 109 , § 6.

Source: SL 1917, ch 297 , § 66; RC 1919, § 10626; SDC 1939, § 41.9902; SL 2023, ch 109 , § 7.

Source: SL 1893, ch 117 , § 16; RPolC 1903, § 2513; SL 1903, ch 185 , § 36; SL 1911, ch 193 , § 1; SL 1917, ch 297 , § 68; RC 1919, § 10628; SDC 1939, § 41.9906; SL 1976, ch 158 , § 43-6; SL 2007, ch 187 , § 76; SL 2023, ch 109 , § 8. 33-8-9. Repealed by SL 2007, ch 187 , § 77. 3…

33-8-10

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…

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.