Title 33 — MILITARY AFFAIRS

Ord. 11-1 ), §§ 18, 21, eff. Apr. 12, 2011.

Ord. 11-1 ), § 18, eff. Apr. 12, 2011.

Terms used in chapters 33-1 to 33-14 , inclusive, mean: (1) "Armed forces," includes the United States Army, the United States Navy, the United States Marine Corps, and the United States Air Force; (2) "Department of Defense," the Department of Defense, the Department of the Army…

Within the National Guard Division of the Department of the Military, there are separate sections for the Army National Guard and Air National Guard, with an assistant adjutant general in the grade of brigadier general as the head of each, under the general supervision and contro…

Notwithstanding the provisions of § 33-1-14 , there shall be appointed an assistant adjutant general for the Army National Guard and Air National Guard of the State of South Dakota, as authorized by §

The department shall have a seal which shall bear the words "Seal of the Department of the Military." Source: SL 1955, ch 150 , § 1; SDC Supp 1960, § 41.01A01; SL 1964, ch 116 ; SL 1986, ch 272 , § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 12, 2011.

The adjutant general has general supervision and control of the Department of the Military subject to the orders and instructions of the Governor. The adjutant general may have such staff assistants in the several divisions named in this chapter as the adjutant general recommends…

The Department of the Military shall include such staff sections and administrative assistants as may be necessary for the proper administration of the department in conformity with current state and federal laws and regulations. Source: SL 1913, ch 267 , § 8; SL 1917, ch 297 , §…

The staff officers of the Department of the Military, including authorized administrative assistants, shall have had previous military experience and shall hold their positions until they have reached the age of sixty years, unless retired prior to that time, by reason of resigna…

The adjutant general shall appoint all officers and appointees of the Department of the Military. The adjutant general may employ such clerical and other employees and assistants as the adjutant general deems necessary for the proper transaction of the business of the department …

Staff assistants in the Department of the Military shall be commissioned by the Governor and have such rank in the general staff of the National Guard as the Governor provides in the commission of each. Such staff officers are not entitled to any stated monthly or annual salary, …

Source: SL 1955, ch 150 , § 5; SDC Supp 1960, § 41.01A05; SL 1972, ch 185 ; SL 2012, ch 172 , § 1; SL 2023, ch 108 , § 3.

Source: SL 1973, ch 2 (Ex. Ord. 73-1), § 276; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 26 eff. Apr. 12, 2011; SL 2023, ch 108 , § 4.

Source: SL 1955, ch 150 , § 7; SDC Supp 1960, § 41.01A07; SL 2023, ch 108 , § 5.

Source: SL 1955, ch 150 , § 6; SDC Supp 1960, § 41.01A06; SL 2023, ch 108 , § 6. 33-1-20. Repealed by SL 2007, ch 187 , § 9.

One adjutant general, in the grade of major general, shall be appointed and shall serve as provided by §

The Office of the Adjutant General and all other powers, duties, and functions of the adjutant general shall continue in the Department of the Military. Source: SL 1973, ch 2 , § 270; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 138, eff. Apr. 12, 2011. 33-1-3. Repealed by SL 2007, ch 187 ,…

33-1-21 Federally designated holidays to be observed.

With the approval of the adjutant general all military and civilian employees of the Department of the Military shall observe the holidays designated by the federal government in lieu of the enumerated holidays in §

33-1-4

33-1-5

33-1-6 Duties of adjutant general respecting communications--Recommendations to Governor--Coat of arms and seal--Charges against members of National Guard--Biennial census. 33-1-7 Cooperation with and from other departments. 33-1-8 General staff--Composition and responsibilities-…

The adjutant general shall distribute all orders from the Governor. The adjutant general is the organ of all written communication from the National Guard to the Governor and shall attend the Governor if required at review of the National Guard, or if ordered in the performance o…

Power is hereby vested in the adjutant general to secure data or information, or to procure assistance from the other departments, and a duty is hereby imposed upon the department upon which this demand is made, to make such power effective. Source: SL 1955, ch 150 , § 9; SDC Sup…

The general staff shall include such staff sections as are currently authorized by the Department of Defense in the table of organization for a state headquarters detachment. The responsibilities of the several staff sections and the duties of the several staff officers and admin…

33-1-9.1 Department abolished--Performance of functions. 33-1-10 Sections of National Guard Division--Assistant adjutants general--Qualifications of assistants. 33-1-10.1 Assistant adjutants general--Tour of duty--Reappointment. 33-1-11 Seal of department. 33-1-12 Adjutant genera…

The Department of Military and Veterans Affairs is abolished, and all its functions shall be administered by the Department of the Military as provided by §

The Governor is the commander in chief of the militia of the state, the organized portion of which is known as the South Dakota National Guard. Source: PolC 1877, ch 30, § 3; SL 1887, ch 100 , § 5; CL 1887, § 1921; SL 1893, ch 117 , § 3; SL 1901, ch 176 , § 2; RPolC 1903, § 2463;…

The militia of the state consists of all able-bodied qualified residents of the state, and those nonresidents who are accepted into service, who are within the age limits currently authorized by the Department of Defense for enlisted personnel in the active components of the Unit…

The following persons are exempt from military duty: (1) All persons in the armed forces or volunteer force of the United States and those who have been honorably discharged therefrom; (2) All persons who have served in the South Dakota National Guard for the term of six years an…

The following persons are exempt from military duty: (1) Any member of any well recognized religious sect or organization, organized and existing before March 1, 1917, whose creed forbids its members from participating in war in any form, and whose religious convictions are again…

The Governor may order out from time to time, for actual service, as many of the militia as necessary to execute the laws, preserve order, suppress insurrection, repel invasion, and provide disaster relief assistance. Source: PolC 1877, ch 30, §§ 6, 7; SL 1887, ch 100 , § 3; CL 1…

If any troops are in the field for the purposes mentioned in § 33-2-6 , the senior ranking officer of the troops present shall take command. However, no person is eligible for a command in the militia of this state unless that person is a citizen of the United States. Source: Pol…

The militia, while in active service, shall be governed by the military law of the state. Source: PolC 1877, ch 30, § 6; SL 1887, ch 100 , § 3; CL 1887, § 1919; RPolC 1903, § 2461; SL 1903, ch 185 , § 4; SL 1913, ch 267 , § 4; SL 1917, ch 297 , § 6; RC 1919, § 10553; SDC 1939, § …

When in active service of the state, pursuant to the order of the Governor, the compensation and expenses of the militia 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 appropriat…

However, no fee may be charged or collected by any officer mentioned in this section for the performance of any notarial act herein authorized. All commissioned officers and warrant officers of the armed forces of the United States may administer oaths of enlistment or appointmen…

The discipline and training of the National Guard shall conform to the system prescribed in this title. Source: SL 1887, ch 100 , § 35; CL 1887, § 1951; RPolC 1903, § 2490; SL 1903, ch 185 , § 79; SL 1917, ch 297 , § 49; RC 1919, § 10609; SDC 1939, § 41.0160; SL 2007, ch 187 , § …

The Governor may issue such orders as may be necessary for the government, organization, and discipline of the militia and of the national guard, as provided for in this title or as provided by the rules and regulations for the armed forces of the United States or as issued by th…

The South Dakota National Guard is subject to this title and all orders authorized by this title and rules promulgated pursuant to this title in accordance with the provisions of chapter 1-26 . In all matters not specifically covered by this title or by such orders or rules, the …

The adjutant general, by direction of the Governor, may cause members of the National Guard to perform any lawful military duty. The adjutant general is responsible to the Governor for the general efficiency of the National Guard and for the drill, instruction, inspection, small …

Commanding officers of organizations of the national guard shall be responsible to their immediate commanders for the equipment, drill, instruction, movements, and efficiency of their respective commands. Source: SL 1913, ch 267 , § 35; SL 1917, ch 297 , § 9; RC 1919, § 10558; SD…

All commissioned officers and enlisted men of the national guard shall be responsible to their immediate commanding officers for prompt and unhesitating obedience, proper drill, and the preservation and proper use of the property of the state or of the United States, or of the or…

The National Guard shall be organized, armed, and equipped as provided in this title and shall consist of the following: (1) The members of the regularly enlisted militia who are within the age limits authorized by the Department of Defense; and (2) All commissioned and warrant o…

The commanding officer of any parade or drill of the National Guard, and the officer in charge of any rendezvous or camp, may cause the area selected for that purpose to be marked and designated in such manner as not unnecessarily to obstruct travel on any public highway. If any …

If any person intercepts, molests, insults, or abuses any officer or enlisted member of the National Guard while in the performance of the member's military duty, the person may be immediately arrested and kept confined, in the discretion of the commanding officer of the force en…

The Governor may order target practice as the allowance of ammunition will permit and shall offer suitable medals, badges, or trophies, to be inscribed and given in the name of the state, to the persons and organizations who, upon competition, show their superior attainments as m…

Any officer or warrant officer of the South Dakota National Guard who is commissioned in, assigned, or detailed to duty as the adjutant general, the assistant adjutant general, the adjutant, assistant adjutant, or personnel adjutant of any command, any judge advocate, the trial c…

The adjutant general, from the funds appropriated for the support and maintenance of the national guard, shall procure and issue to the members and former members of the national guard, entitled thereto by reason of heroic and outstanding acts or accomplishments in connection wit…

The military units of the National Guard shall be composed and organized, except as otherwise specifically provided, the same as the armed forces of the United States subject in time of peace to such general exceptions as may be authorized by the secretary of defense. No unit or …

The Governor may muster and present to the Department of Defense for recognition organizations and units authorized by applicable federal law and regulations. Source: SL 1917, ch 297 , § 14; RC 1919, § 10566; SDC 1939, § 41.0119; SL 2007, ch 187 , § 22.