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State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
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HOUSE BILL
NO.
1003
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Introduced by:
Representatives Pederson (Gordon), Dennert, Haverly, Peters, Putnam,
Rausch, Rounds, Sigdestad, and Tidemann and Senators Lintz and Abdallah
at the request of the Military and Veterans Affairs Agency Review Committee
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 33-1-2 be amended to read as follows:
33-1-2.
Section 2. That § 33-1-3 be amended to read as follows:
33-1-3. Before entering upon the discharge of
Section 3. That § 33-1-6 be amended to read as follows:
33-1-6. The adjutant general shall distribute all orders from the Governor.
of December of each even-numbered year.
Section
4.
That
§
33-1-10
be amended to read as follows:
33-1-10.
Within the National Guard Division of the Department of Military and Veterans
Affairs, there
shall be
are
separate sections for the
army and air national guard
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 control of the adjutant general
in the grade of major general. The qualifications of the assistant adjutants general for army and
air
shall be
are
the same as those prescribed under
current national guard
applicable National
Guard
regulations for federal recognition in the grade of brigadier general and
applicable
Department of Army and Air Force
,
and
National Guard Bureau eligibility standards
prescribed
in the technician personnel manual
. At the time of
his
appointment,
he
the assistant adjutant
generals
shall be qualified or capable of meeting qualifications within a reasonable time and a
federally recognized commissioned field grade officer of the South Dakota National Guard, with
not less than eight
years'
years
service in the National Guard of South Dakota.
Section
5.
That
§
33-1-10.1
be amended to read as follows:
33-1-10.1.
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 § 33-1-10. The tour of duty of the assistants
thus appointed
shall be
as specified in the orders of the Governor with the consent of the Senate appointing the
same
assistants
, and may be for any period not to exceed two years. Assistant adjutants general
shall
be
are
eligible for reappointment.
Section
6.
That
§
33-1-12
be amended to read as follows:
33-1-12.
The adjutant general
shall have
has
general supervision and control of the
Department of Military and Veterans Affairs subject to the orders and instructions of the
Governor
, and he shall
. The adjutant general may
have such staff assistants in the several
divisions named in this chapter as
he shall recommend
the adjutant general recommends
and
the Governor
shall deem
deems
necessary for economical administration.
Section
7.
That
§
33-1-15
be amended to read as follows:
33-1-15.
The adjutant general shall appoint
such personnel as are named and designated as
all
officers and appointees of the Department of Military and Veterans Affairs, except the
members of the Board of Military Affairs created by this chapter
, and he is authorized to
. The
adjutant general may
employ such clerical and other employees and assistants as
he may deem
the adjutant general deems
necessary for the proper transaction of the business of the
department, and fix their salaries except as otherwise provided by law.
Section
8.
That
§
33-1-16
be amended to read as follows:
33-1-16.
Staff assistants in the Department of Military and Veterans Affairs shall be
commissioned by the Governor and have such rank in the general staff of the
national guard
National Guard
as the Governor
may provide
provides
in the commission of each. Such staff
officers
shall not be
are not
entitled to any stated monthly or annual salary, but
when
if
employed on detailed duty by order of the commander in chief, they shall receive the usual
compensation of their rank, unless otherwise directed by the Governor, and
such
any
traveling
expenses
as are
authorized by § 3-9-2, audited by the adjutant general and approved by the
Governor.
Section
9.
That
§
33-1-20
be repealed.
33-1-20.
Any person who shall violate any of the provisions of this chapter, unless otherwise
specifically provided herein, shall be deemed guilty of a Class 2 misdemeanor.
Section
10.
That
§
33-1-21
be amended to read as follows:
33-1-21.
With the approval of the adjutant general all military and civilian employees of the
Department of Military and Veterans Affairs
will
shall
observe the holidays
set forth by the
Code of Federal Regulations promulgated by the Civil Service Commission
designated by the
federal government
in lieu of the enumerated holidays in § 1-5-1.
Section
11.
That
§
33-2-1
be amended to read as follows:
33-2-1.
The Governor
shall be
is
the commander in chief of the militia of the state, the
organized portion of which
shall be known and distinguished
is known
as the South Dakota
National Guard.
Section
12.
That
§
33-2-2
be amended to read as follows:
33-2-2.
The militia of the state
shall consist
consists
of all able-bodied
male citizens
qualified residents
of the state
who are between
, 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 United States
Army, and such militia shall
be
armed forces. The militia is
divided into two classes: the
national guard
National Guard
and
the unorganized militia.
Section
13.
That
§
33-2-3
be amended to read as follows:
33-2-3.
The following persons are exempt from military duty:
Section 14. That § 33-2-4 be amended to read as follows:
33-2-4. The following persons are exempt from military duty:
Section 15. That § 33-2-5 be repealed.
Section 16. That § 33-2-6 be amended to read as follows:
33-2-6. The
Section 17. That § 33-2-7 be amended to read as follows:
33-2-7.
Section 18. That § 33-3-1 be repealed.
Section 19. That § 33-3-2 be amended to read as follows:
33-3-2. The
Section 20. That § 33-3-3 be amended to read as follows:
33-3-3. The military units of the
Section 21. That § 33-3-4 be repealed.
Section 22. That § 33-3-5 be amended to read as follows:
33-3-5. The Governor
Section 23. That § 33-3-6 be amended to read as follows:
33-3-6. The Governor
Section 24. That § 33-3-7 be amended to read as follows:
33-3-7.
Section 25. That § 33-3-8 be amended to read as follows:
33-3-8. The Governor
Section 26. That § 33-3-9 be amended to read as follows:
33-3-9. The organization, armament, equipment, and discipline of the
Section 27. That § 33-3-10 be amended to read as follows:
33-3-10. The discipline
state shall be carried on so as to conform to the provisions prescribed by this chapter and by the
law, rules, and regulations of such armed forces
.
Section
28.
That
§
33-3-12
be amended to read as follows:
33-3-12.
The
national guard shall be
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
, and in
. In
all matters not specifically covered
thereby it shall be
by this title or by such orders or rules, the National Guard is
subject to the
applicable
regulations
of the Department of Defense governing the organized militia and the
national guard,
National
Guard, to
the Uniform Code of Military Justice,
the armed forces regulations, and such
regulations and orders as may be made and published in pursuance therewith
and to the
applicable regulations of the armed forces of the United States
.
Section
29.
That
§
33-3-13
be amended to read as follows:
33-3-13.
The adjutant general, by direction of the Governor, may cause members of the
national guard
National Guard
to perform any
lawful
military duty
, and he shall be
. The adjutant
general is
responsible to the Governor for the general efficiency of the
national guard
National
Guard
and for the drill, instruction, inspection, small arms and artillery practice, movements,
operations, and care of the troops.
Section
30.
That
§
33-3-21
be amended to read as follows:
33-3-21.
The commanding officer of any parade or drill of the
national guard
National
Guard
, and the officer in charge of any rendezvous or camp, may cause the
ground
area
selected
for that purpose to be marked and designated in such manner as not unnecessarily to obstruct
travel on any public highway
; and if
. If
any person, during the occupation of
such ground
the
area
for military purposes,
shall encroach upon such bounds or enter upon such ground
enters
the designated area
without the permission of
such officer, he
the officer, the person
may be
arrested and kept under guard by
the
order of
such
the
officer until
the setting of the sun of the
same day, or for
such reasonable time as
may be
necessary to procure
his
the person's
arrest by
the civil authorities. Any such offender is also guilty of a Class 2 misdemeanor.
Section
31.
That
§
33-3-22
be amended to read as follows:
33-3-22.
If any person
shall intercept, molest, insult, or abuse
intercepts, molests, insults,
or abuses
any officer or enlisted
man of the national guard
member of the National Guard
while
in the performance of
his
the member's
military duty,
he
the person
may be immediately arrested
and kept confined, in the discretion of the commanding officer of the force engaged in such
duty, until
the setting of the sun
sunset
of the same day on which the offense
shall have been
is
committed, or for such reasonable time as may be necessary to procure
his
the person's
arrest
by the civil authorities. Any such offender is also guilty of a Class 1 misdemeanor.
Section
32.
That
§
33-3-23
be amended to read as follows:
33-3-23.
To accustom the national guard troops to the use of their arms, target practice must
be encouraged.
The Governor
shall
may
order
such
target
practice as the allowance of
ammunition will permit and
he
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,
shall
show their superior attainments as marksmen. The provisions of this section shall be
carried out under orders and regulations issued by the Governor.
Section
33.
That
§
33-3-27
be repealed.
33-3-27.
The Governor is hereby authorized and empowered to organize the national guard
reserve, which shall consist of such organizations, officers, and enlisted men as the President
of the United States may prescribe, and to make and issue such rules and regulations, not in
conflict with the rules and regulations made by the President or secretary of defense, as may be
necessary for the government and maintenance of such organization.
Section 34. That § 33-4-1 be amended to read as follows:
33-4-1. All officers of the
Section 35. That § 33-4-2 be amended to read as follows:
33-4-2.
Section 36. That § 33-4-3 be repealed.
Section 37. That § 33-4-4 be repealed.
Section 38. That § 33-4-5 be amended to read as follows:
33-4-5.
must either be an officer in active service in the national guard of this state and for three
successive years immediately preceding his appointment must have been in active service in
such national guard as a commissioned officer, or, if not in active service at the time of his
appointment, must have had prior service of at least six years in the national guard of this state
or in the armed forces of the United States, or in both combined, as a commissioned officer. A
lieutenant colonel or major of the line, at the time of his appointment, must either be an officer
in active service, or for two successive years immediately preceding his appointment must have
been in active service in the national guard of this state as a commissioned officer, or if not in
active service at the time of his appointment must have had prior service of at least six years in
the national guard of this state, or in the armed forces of the United States, or in both combined,
as a commissioned officer. All staff officers, except medical officers and chaplains, must have
served one year immediately preceding their appointment in the national guard of this state
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
serving on active duty in the armed forces
.
Section
39.
That
§
33-4-6
be repealed.
33-4-6.
The assistant judge advocate general of the national guard must be a licensed
attorney and counselor at law of this state of at least four years' standing. Surgeons, assistant
surgeons, and dental surgeons must be duly licensed and practicing physicians and surgeons or
dental surgeons under the laws of this state, and of at least fifteen years' service if of the grade
of colonel, of at least ten years' service if of the grade of lieutenant colonel, of at least five years'
service if of the grade of major, of at least three years' service if of the grade of captain, and of
at least two years' service if of the grade of first lieutenant. A chaplain must be a regular
ordained minister of some religious denomination.
Section
40.
That
§
33-4-7
be repealed.
33-4-7.
Officers of the staff of the adjutant general, the national guard field officers of the
line, the extra officers allowed to regiments, battalions, and squadrons for staff duty, surgeons,
assistant surgeons, and chaplains shall be appointed and assigned by the Governor upon the
recommendation of their immediate commanding officers, provided such officers are qualified
under the provisions of this chapter and the regulations of the Department of Defense, and such
recommendation is approved by the adjutant general. In case of original appointment from civil
life the selection and nomination shall be made by the Governor upon recommendation of the
adjutant general; provided that the persons so selected shall be qualified for such appointment
under the provisions of this chapter, and provided further, that such persons so nominated shall
be subject to any examination which may be prescribed by the President of the United States,
or by the rules promulgated pursuant to chapter 1-26 governing the national guard in this state.
Section
41.
That
§
33-4-8
be amended to read as follows:
33-4-8.
When
If
the Governor desires to create a new organization of the
national guard he
shall have the power in the first instance to
National Guard, the Governor may
appoint all the
officers necessary to commence and complete
such
the
organization.
Section
42.
That
§
33-4-10
be amended to read as follows:
33-4-10.
The Governor shall issue commissions to all officers of the
national guard
National
Guard
appointed by
him
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 office prescribed in § 33-4-9.
Section
43.
That
§
33-4-11
be repealed.
33-4-11.
All commissioned officers of the national guard shall take rank according to the
date assigned them by their commissions, and when two of the same grade rank from the same
date, their rank shall be determined by their length of service in the national guard, and if of
equal service, then by lot.
Section
44.
That
§
33-4-12
be amended to read as follows:
33-4-12.
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
National
Guard
and applicants for office, and for promotion of officers.
Such
The
board shall promulgate
rules pursuant to chapter 1-26 governing
their
its
procedure
; provided such rules shall conform
to and comply with the rules and regulations issued by the secretary of defense
.
Section
45.
That
§
33-4-13
be repealed.
33-4-13.
All promotions of field and line officers of the national guard shall be determined
by seniority, unless otherwise ordered by the Governor, but before any officer shall be promoted
and commissioned he shall have qualified for such promotion by passing the required tests as
prescribed by the President and shall pass an examination as to his fitness and qualifications
before a board of his superior officers detailed for that purpose as provided in § 33-4-12.
Section
46.
That
§
33-4-14
be repealed.
33-4-14.
A commissioned officer of the national guard cannot be removed from office
without his consent, except by sentence of a general court-martial or as prescribed in this title.
Section
47.
That
§
33-4-15
be repealed.
33-4-15.
At any time the moral character, capacity, and general fitness for the service of any
national guard officer may be determined by an efficiency board of three commissioned officers,
senior in rank to the officer whose fitness for service shall be under investigation, and if the
findings of such board be unfavorable to such officer, and be approved by the officer authorized
to appoint such officer, he shall be discharged. Failure to appear when ordered before a board
constituted under this chapter shall be sufficient ground for a finding by such board that the
officer ordered to appear be discharged. Commissions of the officers of the national guard may
be vacated upon resignation, or absence without leave for three months, upon the
recommendation of an efficiency board or pursuant to sentence of a court-martial.
Section
48.
That
§
33-4-16
be repealed.
33-4-16.
Officers of the national guard rendered superfluous by the disbandment of their
organizations shall be placed in the national guard reserve. Officers may, upon their own
application, be placed in such reserve after three years' active service.
Section
49.
That
§
33-4-17
be repealed.
33-4-17.
The resignation of officers of the national guard shall be addressed to the Governor
and transmitted to the adjutant general through regular military channels, and all commanding
officers before forwarding resignations shall endorse thereon their approval or disapproval,
together with all facts bearing on the case; but an officer tendering his resignation shall not be
considered out of the service until his resignation has been accepted and an order issued by the
Governor accepting such resignation.
Section
50.
That
§
33-4-18
be repealed.
33-4-18.
The resignation of an officer of the national guard having been accepted by the
Governor, the adjutant general shall issue to such officer a discharge, showing the reason
therefor. A commissioned officer tendering his resignation, if accepted by the Governor, shall
receive an honorable discharge; provided he shall not be under arrest or returned to a military
court for any deficiency or delinquency; and provided further, he be not indebted to the state in
any manner, and that all his accounts for money or public property be fully settled.
Section
51.
That
§
33-4-19
be amended to read as follows:
33-4-19.
No state funds
shall
may
be used for the purchase of uniforms or equipment of
officers of the
national guard, except that
National Guard. However,
such equipment may be
issued by the quartermaster general upon the approval of the Governor.
Section
52.
That
§
33-5-1
be amended to read as follows:
33-5-1.
Any person who is a citizen of the United States, or has declared
his
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,
able bodied,
free from disease, of good character and temperate habits,
may be enlisted in the
national guard
of this state
South Dakota National Guard
under the restrictions of this
chapter, and the
title.
The
qualifications and procedures for enlistment
shall be
are
the same as those prescribed for
admission to the reserve components of the armed forces of the United States.
Section
53.
That
§
33-5-3
be repealed.
33-5-3.
Men who have been discharged from the national guard by reason of disbandment
may be enlisted and shall then receive credit for the period served at the time of such
disbandment. A man discharged for physical disability, if such disability cease and he again
enlists, or a man discharged upon his own request should he again enlist, shall receive credit for
the period served prior to such discharge.
Section
54.
That
§
33-5-5
be repealed.
33-5-5.
Enlistments in the national guard shall not be received from persons who have not
been residents of a community in which the enlistment is desired for at least three months
preceding the application, without special authority from the regimental or other higher
commanding officer.
Section
55.
That
§
33-5-9
be repealed.
33-5-9.
Every applicant for enlistment or re-enlistment in the national guard shall be given
a physical examination, conducted by an officer of the medical corps, active or reserve, of the
national guard, designated by the Governor of the state. If no officer of the medical corps is
available, the adjutant general may, with the approval of the Governor, arrange for such
examination to be conducted by a qualified civilian surgeon. All medical examinations shall be
conducted in accordance with the authorized rules for examining recruits for the regular army.
The necessary forms and materials shall be furnished by the Department of Defense, and no
person shall be enlisted in the national guard until he has passed such examination and been
approved by the medical officers conducting such examination. The record of such examinations
shall be filed with the records of the organization to which the soldier belongs, and the reports
and records pertaining thereto shall be made in accordance with the rules and regulations which
are now or may hereafter be in force.
Section
56.
That
§
33-5-10
be amended to read as follows:
33-5-10.
When a soldier of the national guard changes his
If a member of the National
Guard changes primary
residence within the state,
he
the member
may be transferred to a unit
of the
national guard
National Guard
located at the place of
his new
the new primary
residence.
When
If
there is no organization of the
national guard located at his
National Guard located
within fifty miles of the member's
new
primary
residence
or if no unit vacancy exists in a
National Guard unit located within fifty miles of the new primary residence
,
a soldier
the
member
may be
furloughed to the national guard
transferred to the inactive National Guard or
individual ready
reserve by order of the Governor.
Section
57.
That
§
33-5-11
be amended to read as follows:
33-5-11.
In time of peace
an enlisted man shall not
, no enlisted member of the National
Guard may
be discharged before the expiration of
his
the member's
period of enlistment, except:
Section 58. That § 33-5-12 be repealed.
Section 59. That § 33-5-13 be repealed.
Section 60. That § 33-5-14 be repealed.
Section 61. That § 33-5-15 be repealed.
Section 62. That § 33-5-16 be repealed.
Section 63. That § 33-5-17 be amended to read as follows:
33-5-17. All discharges from the
Section 64. That § 33-6-2 be amended to read as follows:
33-6-2. No
process while going to, remaining at, or returning from any
place at which he may be
drill or
annual training that the member is
required to attend for
military
duty.
Section
65.
That
§
33-6-3
be amended to read as follows:
33-6-3.
Any
portion of the national guard
National Guard unit or personnel
performing any
duty according to law
shall
have the right of way in any street or highway through which they
may pass
; provided the carriage of the United States mails, the legitimate functions of the police,
and the progress and operations of the fire engines and fire departments shall not be interfered
with thereby
. However, the unit or personnel may not interfere with the legitimate functions of
law enforcement personnel or with the progress and operations of fire and rescue, ambulance,
and other emergency vehicles
.
Section
66.
That
§
33-6-4
be amended to read as follows:
33-6-4.
When
If
a
civil
suit or
civil
proceedings
shall be
are
commenced in any court by any
person against any
officer of the national guard of this state
member of the South Dakota
National Guard
for any act done by
such officer in his
the member in an
official capacity in the
discharge of any duty under this title, or against any person
lawfully
acting under authority or
order of
such officer
the member
, or by virtue of any warrant issued by
him
the member
pursuant to law, the judge advocate general, or some other officer designated by the Governor,
shall appear for
him
the member
, and the plaintiff in
such
the
suit may be required to file
security for the payment of the costs that may be incurred by the defendant in
such
the
suit or
proceedings.
In case
If
the plaintiff
shall be
is
nonsuited or
have
if
a verdict or judgment
is
rendered against
him
the plaintiff
, the defendant shall recover double costs and such attorney
fees as the court
shall allow, which
allows. The
fees shall in the first instance be paid by the
state and refunded by the defendant upon collection of the judgment.
Section
67.
That
§
33-7-6
be amended to read as follows:
33-7-6.
Section 68. That § 33-7-7 be amended to read as follows:
33-7-7.
provided for at the expense of the state until he shall have recovered.
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 the adjutant general.
The injured or ill member shall remain on state active duty and shall receive full pay and
allowances until released by the board.
Section
69.
That
§
33-7-8
be repealed.
33-7-8.
In case an officer or enlisted man of the national guard dies from illness contracted,
or injury received, or is killed while in active state service his survivors shall receive
compensation. The amount of compensation or benefits payable shall conform to the general
schedule of payments provided under Title 38 of the United States Code or acts amendatory
thereof, and shall be paid from the maintenance fund, on the certificate of a board approved by
the adjutant general and ordered by the Governor, and the state auditor shall draw his warrant
on the state treasurer for the same.
Section
70.
That
§
33-7-9
be repealed.
33-7-9.
If the disability of the person claiming relief by virtue of § 33-7-8 be a permanent
disability, to wit: the loss of a hand or part of a hand, or a foot or part of a foot, or a leg, or an
arm, or of sight, or of hearing, where the damage caused to the person by the disability incurred
would be a continuous one, depending, for a gross amount, upon the years the person should
live, the amount to be allowed and paid to the applicant shall be the same allowed monthly by
the United States pension laws to soldiers of the United States Army for the same injuries and
paid in like manner every three months from the maintenance fund, on the certificate of a board
approved by the adjutant general and ordered by the Governor, and the state auditor shall draw
his warrant on the state treasurer for the same. All claims shall be computed from the date of
application for relief under the provisions of this chapter.
Section
71.
That
§
33-7-10
be repealed.
33-7-10.
The Governor, surgeon general, and secretary of state shall constitute a board to
hear and determine all applications for relief that may arise under § 33-7-9 and they may
promulgate rules pursuant to chapter 1-26 to govern the introduction of proof in such cases, and
in all cases where the disability is not permanent they shall determine by a majority of such
board the total amount of money that shall be paid by the state to the applicant in full
satisfaction of his claim. The amount so allowed shall be due and payable from the annual
maintenance fund of the national guard, and upon the approval of the adjutant general and the
order of the Governor, the state auditor shall draw his warrant upon such fund for the amount
allowed, and the treasurer shall pay the same.
Section
72.
That
§
33-8-2
be repealed.
33-8-2.
The uniform provided for by § 33-8-1 shall be furnished by the adjutant general
upon requisition of the commanding officer of the company, troop, or battery to which such
noncommissioned officer, musician, or private belongs. Such requisition shall be made in
duplicate and shall certify the name, age, rank, the date of enlistment, term of service, and
measurement of the member for whom the uniform is required; also the number of uniforms
already in the possession of the company, troop, or battery, and the number of active members
on the roll.
Section
73.
That
§
33-8-3
be repealed.
33-8-3.
Every uniform furnished pursuant to §§ 33-8-1 and 33-8-2 shall be deposited in the
company armory and be in charge of the commanding officer of the company and is never to
be worn except in the discharge of military duty.
Section
74.
That
§
33-8-4
be repealed.
Section 75. That § 33-8-5 be amended to read as follows:
33-8-5.
Section 76. That § 33-8-8 be amended to read as follows:
33-8-8.
Section 77. That § 33-8-9 be repealed.
Section 78. That § 33-9-2 be amended to read as follows:
33-9-2. If the Governor
National Guard
, who may, upon approval
of
by
the adjutant general, if the danger
be
is
great and
imminent, order out
his command to the order
of
the unit
such
South Dakota National Guard
members as the commanding officer deems necessary to the assistance of the
civil officer.
Section
79.
That
§
33-9-3
be amended to read as follows:
33-9-3.
An
Any
order pursuant to § 33-9-1 or 33-9-2 shall be delivered to the commanding
officer and
by him
immediately communicated
to each and every
by the commanding officer
to each
subordinate officer
, and every
. Each
company commander receiving the
same
order
shall
immediately communicate the substance
thereof
of the order
to each member of the company
,
or if
being called to duty. If
any such member cannot be found
,
a notice in writing containing
the substance of
such
the
order shall be left at the last and usual place of residence of
such
the
member with some person of suitable age and discretion, to whom its contents shall be
explained.
Section
80.
That
§
33-9-4
be amended to read as follows:
33-9-4.
If any company commander or commissioned officer of the
national guard receiving
National Guard who receives
the order provided for in § 33-9-3
shall fail
fails
to give such
notice or
fail
fails
to appear at the time and place ordered, prepared for duty,
he
the commander
or officer
shall be cashiered and
shall
be further punished by fine and imprisonment as
a
court-martial may adjudge
adjudged by a court martial or by other disciplinary action
.
Section
81.
That
§
33-9-5
be amended to read as follows:
33-9-5.
If any enlisted
man of the national guard
member of the National Guard
, after being
duly notified pursuant to § 33-9-3,
shall refuse or neglect
refuses or neglects
to appear at the
time and place of rendezvous, properly prepared for duty, or
fail
fails
to obey any order issued
in such case,
he shall be
the member is
deemed a deserter and is guilty of a Class 2
misdemeanor.
Section 82. That § 33-9-6 be amended to read as follows:
33-9-6.
Section 83. That § 33-9-8 be amended to read as follows:
33-9-8.
Section 84. That § 33-9-9 be amended to read as follows:
33-9-9. If
such
any
unlawful, riotous, or tumultuous assembly, or to seize and secure the persons
composing the same who
who have assembled and
have refused to disperse, though the number
remaining may be less than twelve,
cause
any such person or other persons
then
present as
spectators or otherwise
shall
to
be killed or wounded, such magistrates and officers, and all
persons acting by their order and under their direction,
shall be
are
held guiltless and fully
justified in law
, and if
. If
any of such magistrates or officers or any persons acting by their order
or under their direction
shall
are
be killed or wounded,
all the persons so
any person who is
unlawfully, riotously, and tumultuously assembled
shall be answerable therefor
is answerable
for the death or injury in a court of law
.
Section
85.
That
§
33-9-10
be amended to read as follows:
33-9-10.
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,
shall
have the same immunity as
peace
law enforcement
officers.
Section
86.
That
§
33-10-1
be amended to read as follows:
33-10-1.
Except in organizations in the service of the United States, courts-martial in the
national guard shall be
National Guard are
of three kinds
, namely
: general courts-martial,
special courts-martial, and summary courts-martial. Such courts
shall be
are
constituted the
same and have cognizance of the same subjects and possess the same powers, except as to
punishments, as similar courts provided for by the
applicable
laws and regulations governing
the armed forces of the United States
, and the
. The
proceedings of courts-martial of the
national
guard
National Guard
shall follow the forms and modes of procedure prescribed for such similar
courts.
Section
87.
That
§
33-10-3
be amended to read as follows:
33-10-3.
In the national guard,
The commanding officer of any National Guard unit
not in
the service of the United States
, the commanding officer of each garrison, fort, post, camp,
brigade, regiment, wing, group, battalion, or other detached command,
may convene special or
summary courts-martial for
such command
the unit
if
such command calls for
the unit
commander is required to be
an officer of the rank of at least lieutenant colonel and if the
convening authority holds the rank of lieutenant colonel or higher. However, such courts-martial
may in any case be convened by superior authority. Special or summary courts-martial may try
any member of the
national guard
National Guard
not in the service of the United States, except
a commissioned officer. The special or summary courts-martial
shall
have the same powers of
punishment as do general courts-martial, except as limited by the Uniform Code of Military
Justice in effect on January 1,
1990
2007
, and the South Dakota manual for courts-martial. No
special court-martial may
impose a fine of more than one hundred dollars for a single offense
or
impose a dishonorable discharge. No summary court-martial may
impose a fine of more than
twenty-five dollars for a single offense or
discharge or dismiss any member from the
national
guard
National Guard
.
Section
88.
That
§
33-10-4
be amended to read as follows:
33-10-4.
All courts-martial of the national guard, not in the service of the United States,
including summary courts,
shall have power to
may
sentence to confinement in lieu of fines
authorized to be imposed.
Such
No such
sentence of confinement
shall not
may
exceed one day
for each dollar of fine authorized.
Section
89.
That
§
33-10-5
be amended to read as follows:
33-10-5.
The constitution and jurisdiction of courts-martial, the form and manner in which
the proceedings of military courts
shall be
are
conducted and recorded, the forms of oaths and
affirmations taken in the administration of military law by such courts, and the limits of
punishment and the proceedings in revision
shall be
are
governed by the Uniform Code of
Military Justice, 10 U.S.C. § 801 et seq., in effect on January 1,
1990, the manual for
courts-martial of the United States in effect on January 1, 1990
2007
, and the South Dakota
manual for courts-martial
established by executive order of the Governor
.
Section
90.
That
§
33-10-6
be amended to read as follows:
33-10-6.
The articles of the Uniform Code of Military Justice
, in effect on January 1, 2007,
and the manual for courts-martial of the United States, in effect on January 1,
1990
2007
,
governing the armed forces of the United States, so far as they are compatible with the
provisions of this chapter and the South Dakota manual for courts-martial, are adopted for the
government of the
national guard
National Guard
and militia of this state.
Section
91.
That
§
33-10-7
be amended to read as follows:
33-10-7.
Commanding officers of the
national guard
National Guard
may impose
nonjudicial punishment as provided in the Uniform Code of Military Justice of the United States
in effect on January 1,
1990
2007
, and the South Dakota manual for courts-martial.
Section
92.
That
§
33-10-10
be amended to read as follows:
33-10-10.
The warrant authorized by § 33-10-9 shall be directed to the sheriff or any
constable or marshal of
any such
the
county, or the officer attending the court, and shall set forth
the circumstances of the offense adjudged to have been committed
, and
. The warrant
shall
command the officer to whom it is directed to
take the body of such person and commit him to
the jail of the county, there to
commit the offender to the county jail. The offender shall
remain
without bail and in close confinement for a limited time, not to exceed three days, and until the
officer's fees for committing and the jailer's fees
be
are
paid.
Such
The
sheriff shall obey the
warrant and keep the person as directed, unless
he
the person
is discharged by a judge of a court
of record in the same manner and under the same rules as in cases of imprisonment under
process of contempt from a court of competent jurisdiction.
Section 93. That § 33-10-11 be amended to read as follows:
33-10-11. No sentence of dismissal from the service or dishonorable discharge, imposed by a
Section 94. That § 33-10-12 be amended to read as follows:
33-10-12. A military court sitting in any county shall be attended by the county sheriff
Section 95. That § 33-10-14 be amended to read as follows:
33-10-14. Refusal or neglect
Section 96. That § 33-10-15 be amended to read as follows:
33-10-15. For the purpose of collecting fines imposed by courts-martial, the president of the court shall , within twenty days after the proceedings of the court have been approved, make a list of all persons fined, describing them distinctly
person and not paid.
He
The president of the court
shall then draw
his
an
official warrant,
directed to the sheriff of the county or the marshal of the court, commanding
him
the sheriff or
marshal
to levy
such
a
fine, together with the costs, on the goods and chattels of the delinquent
as provided by chapter 15-19.
Such fines when collected shall be deposited by the adjutant
general
The adjutant general shall deposit the fine
in the special militia fund.
Section
97.
That
§
33-10-16
be amended to read as follows:
33-10-16.
No action
shall
may
be maintained against any member of a military court on
account of the imposition of a fine or penalty, or for the execution of a sentence on any person,
if
such person shall have
the person has
been returned as delinquent and duly summoned before
such
the
court, or
shall have
has
appeared before
such
the
court to answer the charge made
against
him
the person
.
Section
98.
That
§
33-10-18
be amended to read as follows:
33-10-18.
The commanding officer at any encampment, parade, drill, muster,
annual
training,
or other rendezvous of the
national guard may cause those under his command
National
Guard may order subordinates
to perform any
lawful
military duty
he may require, and
. The
commanding officer
may place in arrest during the time of such meeting, and confine under
guard, if necessary, any officer or enlisted
man who shall disobey the orders of his
member who
disobeys the orders of a
superior officer or in any way
interrupt
interrupts
the
training or
exercises
, and
. The commanding officer
may remove any other person
or persons who shall
trespass
who trespasses
on the parade ground or armory, or in any way
interrupt
interrupts
the
orderly discharge of duty of
those under arms
any National Guard member
.
Section
99.
That
§
33-11-1
be amended to read as follows:
33-11-1.
The
commanding officer of each company, troop, or battery of the national guard,
and the treasurer of each regimental band,
adjutant general
shall provide
a
suitable
room or
rooms
space
, at a convenient
place in the municipality where such organization is located or
location where any unit of the National Guard is
stationed, with the necessary
furniture, fuel,
light, drawers, lockers, closets, and gun racks,
furnishings, equipment, and supplies
for an
armory, assembly, drill room, garages, and maintenance shops for
such
the
organization
; and
such
. The
buildings
, room, or rooms shall be
and space are
under the exclusive control of the
unit's
commanding officer. There shall be paid out of the military appropriation
such sum as
shall be
a sum
deemed necessary on the contract made by the adjutant general for the rent and
furnishing of
such
the
armory, garages, maintenance shops, or band quarters of each
organization of the
national guard
National Guard
, to be paid by the state.
Section
100.
That
§
33-11-2
be amended to read as follows:
33-11-2.
The Department of Military and Veterans Affairs
is hereby empowered and
directed to
shall
erect or provide anywhere within the limits of this state, upon
such
terms and
conditions
as shall be decided upon
determined
by the Board of Military Affairs created by § 33-
1-17 as most advantageous to the state, armories and other facilities for the use of the
national
guard, which
National Guard. The
armories and other facilities shall be used for drill, meeting,
and rendezvous purposes by the
organization
unit
occupying
the same, and
them and for
such
other public functions as the officers in charge of
such
the
armory or facility
may
deem
advisable and proper
, and which
. The armories and other facilities, if not in use by the National
Guard,
shall also be open for meetings and functions of organizations of war veterans
,
and their
auxiliary organizations.
Section
101.
That
§
33-11-4
be amended to read as follows:
33-11-4.
The buildings referred to in § 33-11-3 shall be
such as are
suitable for use as
armories or other facilities by
and for the national guard and to be used as such; and
the National
Guard. The buildings
shall
also
be suitable for use by
the
a
cooperating public corporation or
corporations or agencies
agency
for the same
purpose
purposes
as a building
or buildings which
such corporation or corporations or agencies are
that the corporation or agency is
authorized by
law to construct for its own exclusive use
,
and shall be used for such
purpose or
purposes.
Section
102.
That
§
33-11-6
be amended to read as follows:
33-11-6.
The Department of Military and Veterans Affairs
shall also have the power to
may
receive from counties, 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 of the
national guard and which
National Guard. The property
shall be held as other property for the use of the state.
Section
103.
That
§
33-11-7
be amended to read as follows:
33-11-7.
Counties or municipalities
are hereby authorized to make contributions of
may
contribute
land, money, buildings, or other property for the purposes of this chapter
, and each
. Any
first or second class municipality
of the state is hereby authorized and empowered to
may
levy a tax upon all property
therein
within the municipality
subject to taxation to raise the
necessary money for
such
an
armory building or other facility and site
; provided that
. However,
no money
shall
may
be donated or tax levied until the
same
donation or levy
is authorized by
a vote of a majority of the electors in
such
the
municipality at an election called for that purpose.
Section
104.
That
§
33-11-8
be amended to read as follows:
33-11-8.
The Department of Military and Veterans Affairs
is authorized and directed
shall
,
upon donation of a proper site by any county or municipality,
to
erect for the use of
a company,
battery, troop, battalion, or regimental organization of the national guard
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, and other purposes in compliance with this
chapter
, and in which shall be stored the ordnance stores and quartermaster stores and other
property issued to the organization occupying such armory
.
Section
105.
That
§
33-11-9
be amended to read as follows:
33-11-9.
When any armory is erected or provided pursuant to § 33-11-8, the
The
Department
of Military and Veterans Affairs
shall have charge thereof and
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
of such company, battery, troop,
battalion, or regimental organization
.
Section
106.
That
§
33-11-10
be amended to read as follows:
33-11-10.
The Board of Military Affairs
shall also constitute
also constitutes
a board for
general management and care of armories
when established
. The board 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 them
as may be necessary and desirable,
such rules to
. The rules, in accordance with federal law and regulation, shall
provide:
Section 107. That § 33-12-1 be amended to read as follows:
33-12-1. The adjutant general
Section 108. That § 33-12-2 be amended to read as follows:
33-12-2. As quartermaster general, the adjutant general may require
Section 109. That § 33-12-4 be amended to read as follows:
33-12-4. The adjutant general
Section 110. That § 33-12-5 be amended to read as follows:
33-12-5. The adjutant general
to
. The adjutant general shall
prepare returns of such arms and other property of the United
States at all times and in the manner requested by the secretary of defense.
Section
111.
That
§
33-12-6
be amended to read as follows:
33-12-6.
The adjutant general shall issue
such
military property as the Governor
shall direct
directs
and under
his
the Governor's
direction
shall
make purchases for that purpose.
No military
Military
property
shall
may only
be issued to persons or organizations
other than those
belonging to the organized militia
except to such portions of the national guard reserve as may
be called out by the Governor
.
Section
112.
That
§
33-12-7
be amended to read as follows:
33-12-7.
The adjutant general shall upon order of the Governor turn in to the armed forces
of the United States
the rifles, bayonets, bayonet scabbards, gun slings, belts, and such other
necessary accouterments and equipment,
any weapons, equipment, and accouterments that are
the property of the United States in possession of the state,
which may be replaced, from time
to time,
and that are to be replaced
by new
arms or equipment
weapons, equipment and
accouterments
sent by the United States
in substitution therefor, and
. The adjutant general shall
cause the
same
weapons, equipment, and accouterments
to be shipped under instructions from
the secretary of defense to the designated arsenal or depot at the expense of the United States.
And when the national guard of the state shall be
If the South Dakota National Guard is
fully
armed and equipped with standard
weapons,
equipment
,
and accouterments of the United States
armed forces,
he
the adjutant general
shall cause
any
remaining
arms or equipment,
weapons,
equipment, and accouterments that are
the property of the United States and in possession of the
state, to be transferred and shipped, as
above
directed
in this section
, under instructions from
the secretary of defense.
Section
113.
That
§
33-12-8
be amended to read as follows:
33-12-8.
Section 114. That § 33-12-9 be amended to read as follows:
33-12-9. The commanding officer
Section 115. That § 33-12-10 be amended to read as follows:
33-12-10. Every officer or other person having custody or control of the military property of the United States or of the state
Section 116. That § 33-12-11 be amended to read as follows:
33-12-11.
Section 117. That § 33-12-12 be amended to read as follows:
33-12-12. In case of the death of any officer of the
Section 118. That § 33-12-13 be repealed.
himself or any other person; to account for all of the same according to law, and to deliver the
same to any officer lawfully entitled thereto, on demand, and to pay all sums lawfully appraised
for losses or damages.
Section
119.
That
§
33-12-14
be repealed.
33-12-14.
The adjutant general, with the approval of the Governor, may obtain and pay for,
out of the annual military appropriation, an adequate indemnity bond to be filed with the
secretary of state, covering all of the officers of the South Dakota National Guard responsible
to the United States or the State of South Dakota for money and military property, and a similar
bond covering the property and disbursing officer for South Dakota, which bond will be filed
with the secretary of defense.
Section
120.
That
§
33-12-15
be repealed.
33-12-15.
Upon the execution of a bond pursuant to § 33-12-13 the quartermaster general
shall issue such arms, accouterments, and stores as the Governor shall by order direct, which
shall be as nearly as possible like those in use in the armed forces of the United States.
Section
121.
That
§
33-12-16
be amended to read as follows:
33-12-16.
All military supplies issued to any officer of the
national guard shall be
National
Guard are
at all times subject to inspection by
the inspector general, chief of ordnance, or
any
officer designated by the Governor for that purpose, who shall report the true condition
thereof
of the supplies
. The Governor may at any time require repairs to be made or defects or losses
supplied.
Section
122.
That
§
33-12-17
be amended to read as follows:
33-12-17.
The clothing, arms, military outfits, accouterments, and stores furnished by the
State of South Dakota or the United States to the
national guard shall
National Guard may
not
be sold, bartered, exchanged, pledged,
loaned,
or given away, and the possession of any such
property by any person not a member of the
guard shall be
National Guard is
prima facie
evidence of such sale, barter, exchange, pledge,
loan,
or theft.
Such
The
property may be seized
and taken from any person not authorized to keep the
same,
property
by any soldier, officer,
civil or military, of the state
, and shall thereupon
. The property shall then
be delivered to any
officer of the state authorized to receive the
same
property
.
Section
123.
That
§
33-12-18
be amended to read as follows:
33-12-18.
All the
Any
property of the state that
may be
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
,
and if
. If
any person is found or deemed responsible for the loss or damage of the property,
beyond reasonable wear and tear of the service, the inspector shall assess and fix a reasonable
value on the property lost, damaged, or destroyed, and
such
the
person shall pay the sum so
assessed into the treasury of the state.
And in the event of such person's failure or neglect
If the
person fails or neglects
to reimburse the state, suit may be entered in the name of the state in any
court of competent jurisdiction for the recovery of the
same, under rules promulgated pursuant
to chapter 1-26
value of the property
.
Section
124.
That
§
33-12-19
be amended to read as follows:
33-12-19.
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 the
national guard; which
National Guard. The
board, after reasonable
notice to
him
the officer
and hearing
his
the officer's
explanations or objections, shall appraise
the
same
property
and make
a
report
, and the
. The
amount so appraised,
when
if
approved by
the Governor,
shall be
is
conclusively deemed the amount of
such
the
officer's liability
on his
bond therefor up to the date of such report; and he shall be compelled to pay the same
. The
officer shall pay the amount
into the state treasury,
such payments to be placed by the state
treasurer
and the payments shall be deposited
in a special fund
to be
known as the lost military
property fund
, which fund shall at all times be available
. The fund is available at all times
for
purchase by the quartermaster general, subject to the approval of the Governor, of any military
property needed to replace that lost or destroyed.
Section
125.
That
§
33-12-20
be amended to read as follows:
33-12-20.
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
, but if
. However, if
any such stores or property belonging to the state
shall be
are
lost, destroyed, or damaged without the fault or neglect of the officer responsible for the
same,
such
stores or property, the
officer and sureties may, by order of the Governor, on the report of
a board of survey or other satisfactory proof
,
be relieved of all liability
therefor
for the stores
or property
.
Section
126.
That
§
33-12-21
be amended to read as follows:
33-12-21.
All property belonging to any organization of the
national guard shall be
National
Guard is
exempt from taxation or assessment for any purpose
whatever
.
Section
127.
That
§
33-12-23
be amended to read as follows:
33-12-23.
Every
Any unauthorized
person who enters any fort, magazine, arsenal, armory,
arsenal yard, or encampment, and
seizes or takes away
removes
any arms, ammunition, military
stores, or supplies belonging to the
people of this state, and every
National Guard, and any
unauthorized
person who enters any such place with intent to
do so
remove such property
, is
guilty of a Class 4 felony.
Section
128.
That
§
33-12-24
be amended to read as follows:
33-12-24. No officer of the
Section 129. That § 33-12-25 be amended to read as follows:
33-12-25. The adjutant general shall keep
Section 130. That § 33-12-26 be amended to read as follows:
33-12-26. The adjutant general shall keep
Section 131. That § 33-12-27 be amended to read as follows:
33-12-27. The adjutant general shall audit and pass upon all claims of military character against the state, and no military contract
and care of
his
the officer's
command
; a report of such action,
. A report of the purchases
containing a statement of the articles purchased and the price
thereof, must be made forthwith
shall be made as soon as possible
through the proper channels to the adjutant general
, and upon
approval thereof,
. Upon the adjutant general's approval of the report, the purchases
shall be paid
out of any funds in the state treasury not otherwise appropriated.
Section
132.
That
§
33-12-28
be amended to read as follows:
33-12-28.
The provisions of chapters 5-18, 5-19 and 5-21, governing contracts by public
corporations
shall
,
apply to contracts and purchases by the adjutant general and the Department
of Military and Veterans Affairs
, except
. However,
in case of insurrection, invasion, tumult, riot,
breach of the peace,
or
imminent danger thereof, or other great emergency, the Governor may
upon the certificate of the adjutant general temporarily suspend the operation of law and direct
the quartermaster general to purchase in the open market
such
any necessary
military property
or supplies
as may be required
. The adjutant general shall report to the Governor the amount of
property and supplies purchased and the prices paid
therefor
.
Section
133.
That
§
33-12-29
be amended to read as follows:
33-12-29.
Funds appropriated by the Legislature for the maintenance of the
national guard
National Guard
shall be known as the general militia fund. Expenditures from the general militia
fund
shall
may
be made only upon vouchers certified by the adjutant general and approved by
the Governor, upon warrants drawn by the state auditor against the state treasury in the manner
required by law.
Section
134.
That
§
33-12-31
be amended to read as follows:
33-12-31.
The special militia fund
shall be
is
available for
national guard
National Guard
purposes only and
shall be
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 by the state auditor against the state treasury as
now
or hereafter may be
provided by law
, but shall
. However, such expenditures do
not come within
any restrictions governing payment of expenses incurred in a previous year
, it being the intent
to permit the application of the
. The
special militia fund
may be used
to
the
discharge
of
any just
or lawful debt properly contracted for
national guard
National Guard
purposes, whether of the
ensuing or previous fiscal years.
Section
135.
That
§
33-12-33
be amended to read as follows:
33-12-33.
In case any organization of the national guard shall erect or purchase
If any
organization of the National Guard erects or purchases
an armory or assembly room, the annual
rent of the
same
armory or assembly room
as authorized by this title, or allowed by the
Governor, shall be paid into the treasury of
such
the
organization.
Section
136.
That
§
33-13-7
be amended to read as follows:
33-13-7.
Any civilian technician of the South Dakota Army or Air National Guard who is
paid entirely from federal funds
shall be entitled to
may
authorize the federal disbursing officer
to withhold sums of money from the pay of
said
the
employee and to pay the
same
money
to the
State of South Dakota or to the person or organization designated by the employee for the
purpose of paying the
employees
employee's
contribution to a retirement, disability, or death
benefit plan.
Section
137.
That
§
33-13-8
be amended to read as follows:
33-13-8.
Section
Any payment made to the State of South Dakota pursuant to
§
33-13-7
shall be
is
considered as state sponsorship, but the expenditure of any state funds in connection
herewith
with activities authorized by
§
33-13-7
is prohibited.
Section
138.
That
§
33-14-1
be amended to read as follows:
33-14-1.
The Governor
is hereby authorized, in his discretion, to
may
organize and maintain
within this state such military forces as
he may deem
the Governor deems
necessary to protect
life and property in this state. Such forces
shall be
are
additional to and distinct from the
national guard
National Guard
and
shall be
are
known as the South Dakota State Guard.
Section
139.
That
§
33-14-3
be amended to read as follows:
33-14-3.
For the use of the South Dakota State Guard, the Governor
is hereby authorized
to
may
requisition from the Department of the Army
such
any
arms and equipment
as may be
in possession of and can be spared by the department of the army and to
that are available. The
Governor may
make available to
such forces
the South Dakota State Guard
the facilities of state
armories and their equipment and such other state premises and property as
may be
are
available.
Section
140.
That
§
33-14-4
be amended to read as follows:
33-14-4.
All appropriations made to the
national guard shall be
National Guard are
deemed
to have been appropriated to both the
national guard
National Guard
and the South Dakota State
Guard.
Section
141.
That
§
33-14-6
be amended to read as follows:
33-14-6.
The South Dakota State Guard
shall not be
is not
required to serve outside the
boundaries of this state except as provided by § 33-14-7.
Section
142.
That
§
33-14-7
be amended to read as follows:
33-14-7.
Any organization, unit, or detachment of the South Dakota State Guard, upon order
of the officer in immediate command
thereof
of the organization, unit, or detachment
, may
continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the
borders of this state into another state until they are apprehended or captured by
such
the
organization, unit, or detachment or until the military or police forces of the other state or the
forces of the United States have had a reasonable opportunity to take up the pursuit or to
apprehend or capture such persons
: provided, such
. However, no such pursuit beyond state
borders may be undertaken unless the
other state
shall have
has
given authority by law for such
pursuit by
such
the
forces of this state. Any such person who
shall be
is
apprehended or captured
in
such
the
other state by an organization, unit
,
or detachment of the forces of this state shall
without unnecessary delay be surrendered to the military or police forces of the state in which
he
the person
is taken or to the United States
, but such
. However, such a
surrender
shall
does
not constitute a waiver by this state of its right to extradite or prosecute
such
the
person for any
crime committed in this state.
Section
143.
That
§
33-14-8
be amended to read as follows:
33-14-8.
No civil organization, society, club, post, order, fraternity, association,
brotherhood, body, union, league, or other combination of persons or civil group
shall
may
be
enlisted in the South Dakota State Guard as an organization or unit.
Section
144.
That
§
33-14-9
be amended to read as follows:
33-14-9.
No person
shall
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.
Section
145.
That
§
33-14-11
be amended to read as follows:
33-14-11.
No person
shall
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
such
forces
the South Dakota State Guard
shall be substantially in the form prescribed for enlisted
men of the national guard
members of the National Guard
, substituting the words South Dakota
State Guard where necessary.
Section
146.
That
§
33-14-14
be amended to read as follows:
33-14-14.
Whenever
If
the South Dakota State Guard or any part
thereof shall be
of the
South Dakota State Guard is
ordered out for active service
,
the Uniform Code of Military Justice
of the United States applicable to members of the
national guard of this state
South Dakota
National Guard
in relation to courts-martial, their jurisdiction
and
,
the limits of punishment
,
and the rules and regulations prescribed
thereunder shall be
under the Uniform Code of Military
Justice applicable to the South Dakota National Guard are
in full force and effect with respect
to the South Dakota State Guard.
Section
147.
That
§
33-14-15
be amended to read as follows:
33-14-15.
Nothing in this chapter
shall be construed as authorizing
authorizes any part of
the South Dakota State Guard
, or any part thereof
to be called, ordered
,
or in any manner
drafted
,
as such into the military service of the United States
, but no
. However, no
person
shall
by reason of
his
the person's
enlistment or commission in any such forces
may
be exempted
from military service under any law of the United States.
Section
148.
That
§
33-14-16
be amended to read as follows:
33-14-16.
No officer or enlisted
man
member
of the South Dakota State Guard
shall
may
be arrested on any warrant, except for treason or felony, while going to, remaining at, or
returning from a place where
he
the officer or member
is ordered to attend for military duty.
Every officer and enlisted
man of such forces shall, during his service therein, be
member
serving in the South Dakota State Guard is
exempt from service upon any posse comitatus and
from jury duty.
Section
149.
That
§
33-16-1
be amended to read as follows:
33-16-1.
For the purposes of this chapter
,
a veteran
shall be considered to be a man or
woman
is a person
who has served in the armed forces of the United States during a time when
the Congress has declared a state of war to exist, who is in such wartime service, or who is a
veteran as defined by § 33-17-1, who was a legal resident of South Dakota at the time of entry
into service or who, following discharge,
shall have
has
been a resident of this state for one year
;
provided that
. However,
a nonresident in this state
shall be
is
entitled to any benefits available
in this state to a South Dakota resident under the same conditions.
Section
150.
That
§
33-16-5
be repealed.
33-16-5.
Each commissioner shall furnish a bond in the sum of one thousand dollars
conditioned on the faithful performance of the duties of his office, the premium to be paid out
of funds of the Division of Veterans Affairs.
Section
151.
That
§
33-16-11
be amended to read as follows:
33-16-11.
The director of the Division of Veterans Affairs shall, with the approval of the
Department of Military and Veterans Affairs, establish and maintain a sufficient office and field
force to carry out the provisions of this chapter, including representation at the veterans
administration facility in this state
and at the veterans administration facilities in St. Paul,
Minnesota, and fix their compensation on a scale consistent with the salaries of other state
divisions and within the appropriation provided for the administration of this chapter
.
Section
152.
That
§
33-16-13
be amended to read as follows:
33-16-13.
All employees of the Division of Veterans Affairs below the level of director shall
be selected as provided by chapter 3-6A
, provided that
. However,
all employees shall be
veterans,
when
if
available. These employees shall perform
such
duties
as may be
assigned to
them by the Department of Military and Veterans Affairs.
Section
153.
That
§
33-16-18
be amended to read as follows:
33-16-18.
The Division of Veterans Affairs shall cooperate with all national, state, county,
municipal, and private social agencies in securing to veterans and their dependents the benefits
provided by national, state, and county laws, municipal ordinances, or public or private social
agencies
, and to that end shall have power to
. To that end, the division may
hold schools of
instruction for county service officers, or
to
call in for instruction individual county service
officers
when
if
, in the judgment of the Department of Military and Veterans Affairs, the giving
of such instructions or holding of such schools
shall be for
is in
the best interest of the work of
the division
, and shall have authority to
. The division may
pay the actual necessary expenses of
any such county service officer
or officers
when attending such
school or
schools of instruction
away from
their
the officer's
home county, out of the funds appropriated for the administration
of the Division of Veterans Affairs
, said expense to
. The expenses may
be paid out only on duly
itemized vouchers presented to the state auditor and approved by the director of the division.
Section
154.
That
§
33-16-19
be amended to read as follows:
33-16-19.
The Division of Veterans Affairs may designate an employee
who has the right
to act as conservator for a minor or an incompetent person receiving moneys from the United
States government if no other suitable person will so act, or to act as petitioner for commitment
of veterans to mental institutions
,
or for release
therefrom
from mental institutions
.
Section
155.
That
§
33-16-21
be amended to read as follows:
33-16-21.
The attorney general
is hereby directed to
shall
assign to the Division of Veterans
Affairs an assistant attorney general who
shall when available be
is, if available,
an honorably
discharged war veteran
, and who
. The assistant attorney general
shall serve the division for
such
share of his time as may be
a period of time
deemed necessary for the adequate protection of the
interest
interests
of veterans and of the state.
Section
156.
That
§
33-16-22
be amended to read as follows:
33-16-22.
The Division of Veterans Affairs
shall have
has
access to the records of penal and
charitable institutions
,
and
authority to
may
investigate the status of veterans
therein and to
in
such institutions. The division may
report to
the
heads of such institutions and if necessary to
the Governor
with
any recommendations for the benefit of such veterans.
Section 157. That § 33-16-24 be amended to read as follows:
33-16-24. The board of county commissioners of each county in this state shall employ or join with another county or counties in employing a county veterans' service officer
Section 158. That § 33-16-26 be amended to read as follows:
33-16-26.
Section 159. That § 33-16-28 be amended to read as follows:
33-16-28. A county veterans' service officer
by the board or boards of county commissioners employing
him
the officer
. The officer shall
be provided with office space, office fixtures, furnishings, and equipment, either in the
courthouse or some other central and accessible place.
Section
160.
That
§
33-17-1
be amended to read as follows:
33-17-1.
For the purposes of all statutes relating to rights, privileges, exemptions, and
benefits (except a state bonus) of veterans and their orphans and other dependents, the term
"veteran"
, veteran,
means any person who:
Section 161. That § 33-17-2 be amended to read as follows:
33-17-2. As used in § 33-17-1, the term, qualifying military service, means:
the period from December 7, 1941, to December 31, 1946, inclusive;
Section 162. That § 33-17-2.1 be amended to read as follows:
33-17-2.1. To the extent and for the purposes for which veterans of World War I, World War II, or the Korean conflict, their orphans and other dependents, are or were entitled under existing law to certain rights, privileges, exemptions, and benefits, these rights, privileges, exemptions, and benefits, except a state bonus, are hereby extended to any person who has served on active duty with the Armed Forces of the United States
by the Legislature. Such benefits are extended to any person who
has been discharged from such
service honorably or under honorable conditions, or has been released to any reserve branch of
the armed services of the United States
; or
, and to
any active duty personnel whose service has
qualified them for such benefits. Any reserve or
national guard
National Guard
personnel who
have served on active duty for training
may not be
are not
construed to have served on active
duty.
Section
163.
That
§
33-17-7
be amended to read as follows:
33-17-7.
Recognizing
The Legislature finds
that the care of the dependents of those in active
service or of those who have died while in active service, and the postwar adjustment of all
military personnel of the United States,
is
are
primarily and justly the
obligation
obligations
of
the federal government
, yet realizing
. However, because of
the possibility of delay in making
arrangements to extend such care or to complete that readjustment, the veterans affairs division
special revenue fund may be used for the purpose of extending emergency aid and assistance:
Section 164. That § 33-17-8 be amended to read as follows:
33-17-8. Funds shall be advanced to
under § 33-17-7
when
if
emergency need has been established to the satisfaction of the director
of the Division of Veterans Affairs, under rules promulgated pursuant to chapter 1-26 by the
Veterans Commission, and upon agreement by the veteran or
his
the veteran's
dependents that
the funds so loaned shall be repaid without interest and
shall be
are
due two years from the date
such
the
money is loaned. The agreement shall be in
such form as
a form prescribed by
the
Department of Military and Veterans Affairs
shall prescribe
, and money
so
repaid shall be paid
into the veterans affairs division special revenue fund under the control of the department. In
no case
shall
may
the sums loaned to any veteran, or to the aggregate of
such
the
veteran's
dependents, exceed the sum of five hundred dollars.
Section
165.
That
§
33-17-12
be amended to read as follows:
33-17-12.
Notwithstanding any other provisions of the laws of this state, any instrumentality
of the armed forces of the United States, including voluntary unincorporated organizations of
army or navy
military
personnel, located on exclusive federal areas, engaged in resale activities
may procure articles of merchandise from wholesalers, distributors, or manufacturers located
in this state
, and no
. No
excise tax of this state, direct or indirect, other than those on
intoxicating liquor or wine,
shall
may
be imposed upon the sale, use, delivery, or storage of
articles of merchandise to any instrumentality of the armed forces of the United States, including
voluntary unincorporated organizations of
army or navy
military
personnel, located on exclusive
federal areas, engaged in resale activities, except
those
state excise taxes
which may be
that are
specifically authorized by
the various
acts of the Congress of the United States.
Section
166.
That
§
33-17-15.1
be amended to read as follows:
33-17-15.1.
If any member of the South Dakota National Guard is ordered to active duty
service by the Governor of the State of South Dakota or the President of the United States, the
member has all protections afforded to persons serving on federal active duty by the
Soldiers
and Sailors
Servicemembers
Civil Relief Act
of 2003
, 54 Stat. 1178, 50 App. U.S.C.A. 501-548
and 560-591, as amended to January 1,
2002
2007
, and by the Uniformed Services Employment
and Reemployment Rights Act, 108 Stat. 3149, 38 U.S.C.A. 4301 to 4333, as amended to
January 1,
2002
2007
.
Section
167.
That
§
33-17-16
be amended to read as follows:
33-17-16.
For the purposes of §§ 33-17-19 to
33-17-36
33-17-38
, inclusive, terms mean:
armed forces during the period beginning
January 1, 1993, to a date to be determined
by the South Dakota Legislature.
Section
168.
That
§
33-17-20
be amended to read as follows:
33-17-20.
A veterans bonus shall be paid to any veteran, or to the dependents of a deceased
veteran, if the veteran was a legal resident of the State of South Dakota for at least six months
immediately preceding entry into the armed forces of the United States, if the veteran is still in
the armed forces or was separated or discharged from the armed forces honorably or under
honorable conditions, and if the veteran either:
bonus if the veteran is not eligible for a similar benefit from any other state.
Section
169.
That
§
33-17-21
be amended to read as follows:
33-17-21.
National
guard
Guard
or reserve personnel who put in periods of active duty for
training in the federal forces
shall
may
not be included among the beneficiaries of §§ 33-17-16
to
33-17-36
33-17-38
, inclusive, unless they were called for further active duty. If they were
called for further active duty they
shall be
are
eligible for the bonus for the time so served and
for the time spent in active duty for training if that time was within the eligible period fixed in
§ 33-17-20. However, the commission may promulgate rules pursuant to chapter 1-26 to specify
special circumstances under which service by
national guard
National Guard
or reserve
personnel in a training or active duty status may qualify for the bonus if such service involved
participation in or direct support of military operations or activities that would qualify for
benefits under § 33-17-20.
Section
170.
That
§
33-17-22
be amended to read as follows:
33-17-22.
Any bonus earned pursuant to § 33-17-20 that is based on qualifying service
during the period September 11, 2001, to a date to be determined by the South Dakota
Legislature, shall be paid at the rate of one hundred dollars for the first month and twenty dollars
for each subsequent month of active duty in the armed forces during such period, to a maximum
bonus of two hundred forty dollars
for service in nonhostile area
.
However, any person who
qualifies for a bonus pursuant to § 33-17-20 and who has received or is eligible to receive, based
on service in the armed forces from January 1, 1993, to a date to be determined by the South
Dakota Legislature, the southwest Asia service medal, the armed forces expeditionary medal,
Kosovo campaign medal, Afghanistan campaign medal, Iraq campaign medal, global war on
terrorism expeditionary medal, global war on terrorism service medal, or other United States
campaign or service medal awarded for participation outside the boundaries of the United States
in combat operations against hostile forces, shall, for the time served in one or more such areas
qualifying for any of the medals listed in this section, be paid one hundred fifty dollars for the
first month and fifty dollars for each subsequent month of such service, up to a maximum
bonus, together with any payments pursuant to this section for service not qualifying for any
such medal, of five hundred dollars.
Section
171.
That
§
33-17-23
be amended to read as follows:
33-17-23.
In computing a month of service under
§§ 33-17-22 and 33-17-37
§
33-17-22
, any
period of service during a calendar month shall be computed as one full month in determining
monthly totals.
Section
172.
That
§
33-17-24.1
be amended to read as follows:
33-17-24.1.
Notwithstanding the provisions of
§§ 33-17-22 and 33-17-37
§
33-17-22
, if any
veteran who qualifies for a bonus pursuant to § 33-17-20 is rated ten percent or more disabled
for service connected disability or disabilities by the veterans administration as a result of
wounds or injuries or illness incurred while on active duty in the areas or periods specified in
§ 33-17-20 regardless of the length of such service, the veteran's bonus shall be in the amount
of five hundred dollars.
Section
173.
That
§
33-17-24.2
be amended to read as follows:
33-17-24.2.
Any veteran qualified for the benefits authorized by § 33-17-24.1 who has
previously filed a claim under §§ 33-17-16 to
33-17-36
33-17-38
, inclusive, may amend
his
the
claim, or if
his
the
original claim was paid, initiate a new claim for the difference between that
claimed or paid and the amount authorized by § 33-17-24.1.
Section
174.
That
§
33-17-25
be amended to read as follows:
33-17-25.
No person is entitled to payment of a bonus
who, being
if the person, while
in the
armed forces of the United States within any period set forth in § 33-17-20, refused on
conscientious, political, or other grounds, to subject himself
or herself
to military discipline or
who was separated from such service under conditions other than honorable and has not been
subsequently restored officially to an honorable status. No person who is eligible to receive from
another state of the United States a bonus or gratuity or compensation similar to that provided
by §§ 33-17-16 to
33-17-36
33-17-38
, inclusive, may receive any bonus provided by §§ 33-17-
16 to
33-17-36
33-17-38
, inclusive.
Section
175.
That
§
33-17-26
be amended to read as follows:
33-17-26.
The South Dakota Legislature finds and declares the bonus provided under §§ 33-
17-16 to
33-17-36
33-17-38
, inclusive, shall be paid as soon as this state has adequate and
sufficient funds to do so
, and there
. There
are hereby authorized such sums of money as are
necessary to pay
said
the
bonus, and all administrative expenses of the commission in
connection
therewith
with payment of the bonus
, to be appropriated by subsequent sessions of
this Legislature or to be otherwise paid as provided by law.
Section
176.
That
§
33-17-27
be amended to read as follows:
33-17-27.
In case
If
any bonus is payable under §§ 33-17-16 to
33-17-36
33-17-38
,
inclusive, to a minor who is a veteran, or a minor widow of such veteran, and who is under no
legal disability other than minority, payment of
such
the
bonus shall be made to such person
direct.
Section
177.
That
§
33-17-28
be amended to read as follows:
33-17-28.
In case
If
any bonus is payable under §§ 33-17-16 to
33-17-36
33-17-38
,
inclusive, to a mental incompetent
,
the bonus shall be paid to the person who is constituted his
or her committee, guardian, curator, or conservator, by the laws of the state of residence of
such
the mental
incompetent, or is otherwise legally vested with the care of
such
the mental
incompetent
, provided, however, if there be
. However, if
no such committee, guardian, curator,
conservator, or other person
exists
, payment shall be made to the chief officer of any hospital
or institution in which the
mental
incompetent is placed
where such
if the
officer is authorized
to accept moneys for the benefit of the
mental
incompetent
; and provided further, if there be
.
If
no such committee, guardian, curator, or conservator
exists
, and if the
mental
incompetent is
not in any such hospital or institution, payment shall be made to the person determined by the
commission to have assumed the major responsibility for the care of the
mental
incompetent.
Any payment
hereunder
under this section
shall be held or used solely for the benefit of the
mental
incompetent.
Section
178.
That
§
33-17-29
be amended to read as follows:
33-17-29.
In case of the death of any person after July 1, 1969, who would, if alive, be
entitled to benefits under §§ 33-17-16 to
33-17-36
33-17-38
, inclusive, the bonus shall be paid
to
his
the person's
dependents, if any
; if there be
. If there is
more than one dependent, payment
shall be made in
such
a
proportion
as
determined by
the commission
shall determine,
and in the
order of preference as follows: wife
,
or husband,
as the case may be,
children, mother, father,
foster mother, and foster father.
Section
179.
That
§
33-17-30
be amended to read as follows:
33-17-30.
The commission shall promulgate rules pursuant to chapter 1-26 to define and
provide for eligibility criteria, administration and method of payment of the bonus created in
§§ 33-17-16 to
33-17-36
33-17-38
, inclusive.
Section
180.
That
§
33-17-31
be amended to read as follows:
33-17-31.
The director shall prepare
such
application forms and
regulations
rules
governing
administration of §§ 33-17-16 to
33-17-36
33-17-38
, inclusive, as the commission
may direct
and authorize
directs and authorizes
under § 33-17-30
, which
. The
application forms and
regulations
rules
shall be completed and made available to eligible veterans when funds
are
available to the commission
permit, and payment
. Payment
of all claims approved by the
commission shall be made as funds are available and in the order
as
determined by the
commission.
Section
181.
That
§
33-17-32
be amended to read as follows:
33-17-32.
All claims for compensation under §§ 33-17-16 to
33-17-36
33-17-38
, inclusive,
shall be presented to the commission on such forms as it may require no later than three years
after the date to be determined by the South Dakota Legislature. If approved for payment by the
commission, the director shall submit an authorized voucher to the state auditor, who shall issue
the warrant for the amount of the approved claim to the person found by the commission to be
entitled to the claim.
Section
182.
That
§
33-17-33
be amended to read as follows:
33-17-33.
Any person who
shall falsely make application
falsely applies
for
a
veteran's
bonus under the provisions of §§ 33-17-16 to
33-17-36
33-17-38
, inclusive,
shall be
is
guilty
of a Class 1 misdemeanor.
Section
183.
That
§
33-17-34
be amended to read as follows:
33-17-34.
Decisions
Any decision
of the Veterans' Commission as to the payment or
nonpayment of
bonus, or eligibility therefor, shall in all things be
a bonus claim, or eligibility
for the bonus, is
final.
Section
184.
That
§
33-17-35
be amended to read as follows:
33-17-35.
No right of payment of the bonus under §§ 33-17-16 to
33-17-36
33-17-38
,
inclusive,
shall be
is
subject to moneys or credit taxation, claims of creditors, garnishment, or
assignment, nor
shall such
may the
right of payment be deemed an asset, legal or equitable, of
the estate of a deceased veteran.
Section
185.
That
§
33-17-36
be amended to read as follows:
33-17-36. If any provisions of §§ 33-17-16 to
Section 186. That § 33-17-37 be repealed.
Section 187. That § 33-17A-3 be amended to read as follows:
33-17A-3. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state
in the proceedings.
Section
188.
That
§
33-17A-5
be amended to read as follows:
33-17A-5.
Jurisdiction is retained in the committing or other appropriate court of this state
at any time to inquire into the mental condition of the person committed, pursuant to § 33-17A-
2, and to determine the necessity for continuance of
his
the person's
restraint, and all
commitments pursuant to this chapter are so conditioned.
Section
189.
That
§
33-17A-7
be amended to read as follows:
33-17A-7.
No person may be transferred to the United States Department of Veterans'
Affairs or other agency of the United States if
he be
the person is
confined pursuant to
conviction of any felony or misdemeanor or if
he
the person
has been acquitted of the charge
solely on the ground of mental illness, unless prior to transfer the court or other authority
originally committing
such
the
person
shall enter
enters
an order for
such
the
transfer after
appropriate motion and hearing.
Section 190. That § 33-17A-8 be amended to read as follows:
33-17A-8. The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the United States Department of Veterans' Affairs, or other agency of the United States government for care or treatment has the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order
and of determining the necessity for continuance of
his
the person's
restraint as
is
provided in
§ 33-17A-5 with respect to persons committed by the courts of this state. Consent is hereby
given to the application of the law of the committing state or district in respect to the authority
of the chief officer of any facility of the United States Department of Veterans' Affairs, or of any
institution operated in this state by any other agency of the United States to retain custody, or
transfer, parole, or discharge the committed person.
Section
191.
That
§
33-17A-11
be amended to read as follows:
33-17A-11.
Not less than fourteen days
prior to
before
hearing
in such
on the
matter
,
notice
in writing of the time and place
thereof
of the hearing
shall be given by mail (unless waived in
writing) to the office of the United States Department of Veterans' Affairs having jurisdiction
over the area in which
such
the
suit or any such proceeding is pending.
Section
192.
That
§
33-17A-19
be amended to read as follows:
33-17A-19.
If a petition is filed for the appointment of a conservator for a mentally
incompetent ward, a certificate of the secretary of veterans' affairs
or his duly authorized
representative, that such
that the
person has been rated incompetent by the United States
Department of Veterans' Affairs on examination in accordance with the laws and regulations
governing the United States Department of Veterans' Affairs and that the appointment of a
conservator is a condition precedent to the payment of any moneys due
such
to the
ward by the
United States Department of Veterans' Affairs
, shall be
is
prima facie evidence of the necessity
for
such
the
appointment.
Section
193.
That
§
33-17A-21
be amended to read as follows:
33-17A-21.
If a bond is tendered by a conservator with personal sureties, there shall be at
least two such sureties
and they
. Each surety
shall file with the court a certificate under oath
which
shall describe
describes
the property owned, both real and personal, and
shall state
states
that
each
the surety
is worth the sum named in the bond as the penalty
thereon
on the bond
over
and above all
his
of the surety's
debts and liabilities and the aggregate of other bonds on which
he
the surety
is principal or surety and exclusive of property exempt from execution. The court
may require additional security or may require a corporate surety bond, the premium
thereon
on
the bond
to be paid from the ward's estate.
Section
194.
That
§
33-17A-22
be amended to read as follows:
33-17A-22.
No person other than a bank or trust company may be guardian or conservator
of more than five wards at one time, unless all the wards are members of one family. Upon
presentation of a petition by an attorney of the United States Department of Veterans' Affairs
or other interested person, alleging that a guardian or conservator is acting in fiduciary capacity
for more than five wards as
herein
provided
in this section
and requesting
his
the guardian's or
conservator's
discharge for that reason, the court, upon proof substantiating the petition, shall
immediately
require a final report or accounting
forthwith
from
such
the
guardian or conservator
and
. The court
shall discharge
him
the guardian or conservator
from guardianships or
conservatorships in excess of five and
forthwith
immediately
appoint a successor.
Section
195.
That
§
33-17A-23
be amended to read as follows:
33-17A-23.
Every
Each
conservator shall invest the surplus funds of
his
the conservator's
ward's estate in
such
securities or property
as
authorized under the laws of this state but only
upon prior order of the court. However, the funds may be invested, without prior court
authorization, in federally insured interest-bearing accounts, in direct unconditional
interest-bearing obligations of this state or of the United States
,
and in obligations the interest
and principal of which are unconditionally guaranteed by the United States. A signed duplicate
or certified copy of the petition for authority to invest shall be furnished
to
the proper office of
the United States Department of Veterans' Affairs, and notice of hearing
thereon shall be given
said
on the petition shall be given to the
office as provided in the case of hearing on a
conservator's account.
Section
196.
That
§
33-17A-24
be amended to read as follows:
33-17A-24.
The court may authorize the purchase of the entire fee simple title to real estate
in this state in which the conservator has no interest, but only as a home for the ward, or to
protect
his
the ward's
interest, or (if
he
the ward
is not a minor) as a home for
his
the ward's
dependent family. No purchase of real estate may be made except upon the entry of an order of
the court after hearing upon verified petition. A copy of the petition shall be furnished
to
the
proper office of the United States Department of Veterans' Affairs and notice of hearing
thereon
on the petition
shall be given
said
to the
office as provided in the case of hearing on a
conservator's account.
Section
197.
That
§
33-17A-26
be amended to read as follows:
33-17A-26.
Sections 33-17A-24 and 33-17A-25 do not limit the right of the conservator on
behalf of
his
the conservator's
ward to bid and to
become the purchaser of
purchase
real estate
at a sale
thereof
of
real estate
pursuant to decree of foreclosure of lien held by or for the ward,
or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold
; nor do they
.
Sections 33-17A-24 and 33-17A-25 do not
limit the right of the conservator, if
such be
necessary to protect the ward's interest and upon prior order of the court in which the
conservatorship is pending, to agree with cotenants of the ward for a partition in kind, or to
purchase from
the
cotenants the entire undivided interests held by them, or to bid and purchase
the
same
interests
at a sale under a partition decree, or to compromise adverse claims of title to
the ward's realty.
Section
198.
That
§
33-17A-28
be amended to read as follows:
33-17A-28.
Every
Each
conservator
shall be
is
allowed the amount of
his
the conservator's
reasonable expenses incurred in the execution of
his trust, and he shall also have
the
conservator's trust. The conservator may receive
such compensation for his
or her
services as
the court
,
in which
his
the conservator's
accounts are settled
,
deems just and reasonable.
Section
199.
That
§
33-17A-29
be amended to read as follows:
33-17A-29.
Every
Any
conservator
,
who
receives or
has received
or shall receive
on account
of
his
the conservator's
ward any moneys or other things of value from the United States
Department of Veterans' Affairs shall file with the court annually, on the anniversary date of the
appointment, in addition to
such
any
other accounts
as may be
required by the court, a full, true,
and accurate account under oath of all moneys or other things of value so received by
him,
the
conservator. The account shall indicate
all earnings, interest
,
or profits derived
therefrom and
from the money or other things of value,
all property acquired
therewith and of
with the money
or other things of value, and
all disbursements
therefrom, and showing
from the money or other
things of value. The account shall indicate
the balance
thereof in his
of the money or other
things of value in the conservator's
hands at the date of the account and how invested.
Section
200.
That
§
33-17A-30
be amended to read as follows:
33-17A-30.
The conservator, at the time of filing any account, shall exhibit all securities or
investments held by
him
the conservator
to an officer of the bank or other depository
wherein
said
in which the
securities or investments are held for safekeeping or to an authorized
representative of the corporation which is surety on
his
the conservator's
bond, or to the judge
or clerk of a court of record in this state, or, upon request of the conservator or other interested
party, to any other reputable person designated by the court
, who
. The person to whom the
securities or investments were exhibited
shall certify in writing that he
or she
has examined the
securities or investments and identified them with those described in the account
,
and shall note
any omissions or discrepancies. If the depository is the conservator, the certifying officer may
not be the officer verifying the account. The conservator may exhibit the securities or
investments to the judge of the court, who shall endorse on the account and
copy thereof
on a
copy of the account
a certificate that the securities or investments shown
therein
in the account
as held by the conservator were each in fact exhibited to
him
the judge
and that those exhibited
to
him
the judge
were the same as those shown in the account, and noting any omission or
discrepancy. That certificate and the certificate of an official of the bank in which are deposited
any funds for which the conservator is accountable, showing the amount on deposit, shall be
prepared and signed in duplicate and one of each shall be filed by the conservator with
his
the
conservator's
account.
Section
201.
That
§
33-17A-31
be amended to read as follows:
33-17A-31.
If the conservator is accountable for property derived from sources other than
the United States Department of Veterans' Affairs,
he shall be
the conservator is
accountable
as
is or may be
required under the applicable law of this state pertaining to the property of
minors or protected persons who are not beneficiaries of the United States Department of
Veterans' Affairs
, and as to such other property shall be
. With respect to the property derived
from other sources, the conservator is
entitled to the compensation provided by
such
the
applicable
law. The account for other property may be combined with the account filed in
accordance with § 33-17A-29.
Section
202.
That
§
33-17A-33
be amended to read as follows:
33-17A-33.
If any conservator fails to file with the court any account as required by this
chapter, or by an order of the court, when
any
the
account is due or within thirty days after
citation issues as provided by law, or
if the conservator
fails to furnish the United States
Department of Veterans' Affairs a true copy of any account, petition, or pleading as required by
this chapter, such failure may, in the discretion of the court, be grounds for
his
the conservator's
removal.
Section
203.
That
§
33-17A-35
be amended to read as follows:
33-17A-35.
In addition to any other provisions of law relating to judicial restoration and
discharge of a conservator, a certificate by the United States Department of Veterans' Affairs
showing that a minor ward has attained majority, or that an incompetent ward has been rated
competent by the United States Department of Veterans' Affairs upon examination in
accordance with law
,
is prima facie evidence that the ward has attained majority or has
recovered his
or her
competency.
Section
204.
That
§
33-17A-36
be amended to read as follows:
33-17A-36.
Upon hearing after notice as provided by this chapter and the determination by
the court that the ward has attained majority or has recovered his
or her
competency, an order
shall be entered to that effect, and the conservator shall file a final account.
Section
205.
That
§
33-17A-37
be amended to read as follows:
33-17A-37.
Upon hearing after notice to the former ward and to the United States
Department of Veterans' Affairs as in case of other accounts, upon approval of the final account,
and upon delivery to the ward of the assets due
him
the ward
from the conservator, the
conservator shall be discharged and
his
the conservator's
sureties released.
Section
206.
That
§
33-17A-41
be amended to read as follows:
33-17A-41.
If a conservator is appointed for a veteran as defined in § 33-17-1 or for a person
now or formerly in the service of the United States as a soldier, sailor, marine, nurse, or other
similar capacity, or
his
for the veteran's or person's
dependents and beneficiaries under the "War
Risk Insurance Act" or "World War Veterans' Act,"
and amendments thereto
as amended to
January 1, 2007
, and
where in such case such
if the
appointment is found necessary
in order that
to enable
the ward
to
receive benefits under such acts, the provisions of §§ 33-17A-42 to 33-
17A-45, inclusive, apply.
Section
207.
That
§
33-17A-43
be amended to read as follows:
33-17A-43.
No probate fees
shall
may
be charged
where
if
the appointment referred to in
§ 33-17A-41 is for the purpose of recovering compensation, insurance, pension, or other gratuity
payable to the ward under the laws of the United States.
Section
208.
That
§
33-18-1.2
be amended to read as follows:
33-18-1.2.
No judicial or administrative suit, action, or other proceeding lawfully
commenced before July 1, 1989, by or against any agency or any officer of the state, in
his
the
officer's
official capacity or in relation to the discharge of
his
the officer's
official duties,
may
abate or be affected by the reason of the taking effect of
is abated or affected by
any
reorganization under the provisions of this chapter. The court may allow the suit, action, or other
proceeding to be maintained by or against the successor of any agency or any officer affected
by this chapter.
Section
209.
That
§
33-18-2
be amended to read as follows:
33-18-2.
The Department of Military and Veterans Affairs shall provide for the enforcement
of all
such rules as are now or may hereafter be required by the statutes of the United States
applicable federal regulations
to enable this state to receive
such aid as is usually
aid that is
extended by the
national
United States
government to states
which
that
maintain institutions of
the character of the State Veterans' Home. The department, with the advice of the Veterans'
Commission, shall prescribe the method of the local management of
such
the
home
,
and
it
shall
promulgate
such rules as it shall deem necessary and proper
rules pursuant to chapter 1-26
for
the maintenance of order and discipline and the preservation of the health and comfort of the
members of
such
the
home. Any violation of
such rules may be
the rules is
punishable by
suspension or expulsion in the judgment of the secretary of military and veterans affairs upon
the charges filed by the superintendent of the home.
Section
210.
That
§
33-18-7
be amended to read as follows:
33-18-7.
The superintendent of the State Veterans' Home may temporarily suspend and
expel any member of the home for the violation of the rules
and regulations provided in
promulgated pursuant to
§ 33-18-2 pending a final hearing before the secretary of military and
veterans affairs if
he
the superintendent
deems it for the best interest of the institution.
Such
The
temporary suspension and expulsion
shall be and remain
is
in effect until the final hearing by
the secretary of military and veterans affairs upon the charges filed by the superintendent. Notice
of the final hearing together with a copy of the charges filed, shall be served on the offender
personally at least three days before the date of the final hearing.
Section
211.
That
§
33-18-8
be amended to read as follows:
33-18-8.
The superintendent of the State Veterans' Home shall recommend to the secretary
of military and veterans affairs such measures as
he may deem
the superintendent deems
necessary for the government of the home.
Section
212.
That
§
33-18-10
be amended to read as follows:
33-18-10.
Every
Any
member of the State Veterans' Home who receives a pension,
compensation, or gratuity from the United States government or sufficient funds from any
source of more than fifty dollars a month above contributions toward the care of any dependents,
shall
be required to
contribute to
his
the member's
maintenance, care, or support while a
member of the home.
Such
The
contributions shall be determined
on such basis as
by
the
secretary of military and veterans affairs
may decide
and may not exceed the cost of support of
members at the home as determined by the secretary of military and veterans affairs. Payment
of these amounts shall be made first to the fullest extent possible from sources of income other
than pensions or compensation paid by the
veterans administration
Veterans Administration
.
Section 213. That § 33-18-11 be amended to read as follows:
33-18-11. If a member of the State Veterans' Home accumulates more than ten thousand dollars in cash assets while a resident at the state home,
Section 214. That § 33-18-13 be amended to read as follows:
33-18-13. If any member of the State Veterans' Home dies without legal dependents,
Section 215. That § 33-18-14 be amended to read as follows:
33-18-14. If a member of the State Veterans' Home
Section 216. That § 33-18-15 be amended to read as follows:
33-18-15. If an estate is left by a deceased member of the State Veterans' Home leaving no surviving spouse or dependent, the state home shall file a claim against the estate of
Section 217. That § 33-18-16 be amended to read as follows:
33-18-16.
Section 218. That § 33-18-20 be amended to read as follows:
33-18-20.
or is not dependent upon others for support, may pay the money deposited as
herein
provided
in this section
to the guardian or conservator of the dependent minor children.
Section
219.
That
§
33-18-23
be amended to read as follows:
33-18-23.
The spouse of any veteran who is eligible to become a member of the State
Veterans' Home, may be admitted with the veteran
; provided,
if
they have been married and
living together for
a period of
at least
one year
prior to
before
application for admission and
that
if
their combined income
shall
does
not exceed four hundred dollars per year above the
maximum income limitation allowable for pension benefits as determined by the
veterans
administration
Veterans Administration
. Or, a spouse may be admitted if the veteran, otherwise
eligible to admission, is institutionalized for physical or mental disability,
provided that such
spouse shall have
if the spouse has
been married to the veteran spouse for
a period of not less
than
at least
one year. The nonveteran spouse
shall be
is
subject to the same house rules and
rules as to furlough and discharge as the veteran spouse. Membership status
shall not be
is not
affected by the death of a spouse or by marriage between members of the home.
Section
220.
That
§
33-18-30
be amended to read as follows:
33-18-30.
No person
shall
may
be received or retained in the State Veterans' Home who is
mentally ill, is an inebriate, or is addicted to the use of drugs.
Section
221.
That
§
33-18-31
be amended to read as follows:
33-18-31.
When
If
a member of the State Veterans' Home is discharged
therefrom
from the
home
, or voluntarily leaves the home, or is adjudged mentally ill after admittance,
his or her
residence shall be
the member's residence is
that of the county in which
he or she
the member
was residing at the time of
his or her
the member's
admittance to the home.
Section
222.
That
§
33-18-32
be amended to read as follows:
33-18-32.
Every
Each
member of the State Veterans' Home
shall be
is
deemed a resident of
the county in which
he or she
the member
was residing at the time of
his or her
admittance to
the home and
shall
does
not lose his or her residence or the right to vote in
said
the
county.
Section
223.
That
§
33-19-1
be amended to read as follows:
33-19-1.
Upon notice to the county veterans' service officer or field officer of the Division
of Veterans Affairs of the death within
his
the
county of a person entitled to burial benefits
under this chapter, or at
his
the officer's
own initiative in a proper case,
it shall be the duty of
such
the
veterans' service officer or field officer
to carry into effect
shall implement
the
provisions of this chapter in reference to the burial of
such
the
deceased.
Section
224.
That
§
33-19-2
be amended to read as follows:
33-19-2.
Any
honorably discharged United States soldier, sailor, marine, aviator, or war
nurse of the Spanish-American War or Philippine Insurrection, or any
veteran as defined by
§ 33-17-1, or the
veteran's
spouse,
widow, or widower of such veteran; who being a citizen of
the United States and a resident of this state for one year preceding entrance into military service
or preceding his death, shall hereafter die and whose estate or the estate of the husband or wife,
whether living or deceased or whose immediate family or members thereof, or relatives, are
unable to defray the charges of his or her funeral, shall be buried at the expense of this state,
providing such surviving husband, wife, or the relatives of the deceased person can furnish an
affidavit acceptable to the county veterans' service officer or field officer of the Division of
Veterans Affairs that the estate of the decedent or of his or her surviving husband or wife is not
sufficient to defray the funeral expenses
shall be buried at the expense of this state if:
or the immediate family or relatives of the veteran or the veteran's spouse are unable
to defray the expenses of the veteran's or the veteran's spouse's funeral; and
Section 225. That § 33-19-3 be amended to read as follows:
33-19-3. The state shall pay for burial and funeral expenses, including cost of burial lot, a sum not exceeding one hundred dollars
Section 226. That § 33-19-4 be repealed.
Section 227. That § 33-19-6 be amended to read as follows:
33-19-6. All expenses incurred under the provisions of §§ 33-19-2 to 33-19-5, inclusive, shall be approved, allowed , and certified, in quadruplicate, by the county veterans' service officer or field officer of the Division of Veterans Affairs upon forms provided by the Division of Veterans Affairs
Section 228. That § 33-19-8 be amended to read as follows:
33-19-8. Any county may appropriate money with which to purchase lots or plots of ground in any cemetery or burial ground for the burial of any
Section 229. That § 33-19-9 be amended to read as follows:
33-19-9. Each board of county commissioners of each county of this state may, as soon as the money has been appropriated, purchase not
Section 230. That § 33-19-10 be amended to read as follows:
33-19-10. Any county
the time of death
shall be liable for such payment. No liability on the part of any county shall
accrue under this section unless
and if
the relatives or friends of the deceased furnish affidavits
acceptable to a circuit judge for
such
the
county that the estate of
such
the
decedent is not
sufficient to defray
said
the
funeral expense.
Section
231.
That
§
13-55-8
be amended to read as follows:
13-55-8.
Any person desiring to
avail himself of
use
the benefits of § 13-55-6 shall
make
application
apply
to the Board of Regents
therefor, and it shall be the duty of the
. The
Board of
Regents
to
shall
determine whether
such person so applying
the applicant
is entitled to the
benefits
of said section and to that end are authorized and empowered to
. The Board of Regents
may
promulgate rules pursuant to chapter 1-26
not inconsistent therewith in order
to accomplish
the purposes of §§ 13-55-6 to 13-55-9, inclusive.
Section
232.
That
§
13-55-9
be amended to read as follows:
13-55-9.
Upon
If
the Board of Regents
determining
determines
that any
such
person
applying under § 13-55-8 is entitled to free tuition in any state educational institution under the
control and management of the Board of Regents
it
, the board
shall issue its certificate in
duplicate that
such person named
the person
is entitled to free tuition in such
an
educational
institution
, one of which
. One of the
duplicate certificates shall be delivered to the educational
institution with which
said
the
person desires to matriculate and the other
of which duplicate
certificates
duplicate certificate
shall be delivered to the person
so
applying for the benefits of
§ 13-55-6. The action of the Board of Regents
shall be
is
final.
Section
233.
That
§
13-55-10
be amended to read as follows:
13-55-10.
Any
person under the age of twenty-five years, a resident of this state, whose
father, mother or spouse die or have died or have or hereafter sustain
resident of this state who
is less than twenty-five years of age and whose parent or spouse dies or has died or sustains or
has sustained
a total
and permanent
disability
permanent in nature
resulting from duty as a
member of the South Dakota National Guard, while on state active duty or any authorized
training duty,
shall be
is
entitled to tuition without cost and
be entitled to
may
attend any course
or courses of study in any state educational institution under the control and management of the
Board of Regents.
Section 234. That § 21-48-24 be amended to read as follows:
21-48-24. The affidavit provided for in subdivision 21-48-23(2) may be made and filed for record for the purpose of complying with the provisions of the
Section 235. The code counsel shall change the term, national guard, to National Guard, wherever the term appears in title 33. The changes required by this section shall be implemented when the volume of the South Dakota Codified Laws containing title 33 is republished.
