33-3-1
Repealed.
33-3-2
Personnel comprising National Guard.
33-3-3
Composition of military units--Authorization for units by President of United States.
33-3-4
Repealed.
33-3-5
Recognition of units by Department of Defense.
33-3-6
Emergency mustering of National Guard.
33-3-7
Recruiting additional authorized units.
33-3-8
Location of units--Disbanding or reducing size of units.
33-3-9
Organization, equipment, and discipline of National Guard--Federal requirements.
33-3-10
Discipline and training.
33-3-11
Orders issued by governor--Federal requirements.
33-3-12
Applicability of federal regulations.
33-3-13
General efficiency of National Guard--Duty of adjutant general.
33-3-14
Duty of subordinate commanding officers.
33-3-15
Duty of other officers and enlisted men--Preservation of property.
33-3-16 to 33-3-20. Repealed.
33-3-21
Marking ground selected for guard activity--Obstruction of travel--Trespassers--Misdemeanor.
33-3-22
Interfering with National Guard members in performance of duty--Misdemeanor.
33-3-23
Target practice--Competition.
33-3-24, 33-3-25. Repealed.
33-3-26
Repealed.
33-3-27
Repealed.
33-3-28
Military personnel authorized to administer oaths.
33-3-29
Awards to outstanding members of guard authorized.
33-3-2. Personnel comprising National Guard.
The National Guard shall be organized, armed, and equipped as provided in this title and shall consist of the following:
(1) The members of the regularly enlisted militia who are within the age limits authorized by the Department of Defense; and
(2) All commissioned and warrant officers who are within the age limits authorized for such officers.
The adjutant general is a member of the National Guard but is exempt from the age requirements set forth in this title.
Source: PolC 1877, ch 30, § 8; SL 1887, ch 100, § 4; CL 1887, § 1920; SL 1893, ch 117, § 2; SL 1901, ch 176, § 1; RPolC 1903, § 2462; SL 1913, ch 267, § 12; SL 1917, ch 297, § 3; RC 1919, § 10550; SDC 1939, § 41.0103; SL 1947, ch 180, § 2; SL 2007, ch 187, § 19.
33-3-3. Composition of military units--Authorization for units by President of United States.
The military units of the National Guard shall be composed and organized, except as otherwise specifically provided, the same as the armed forces of the United States subject in time of peace to such general exceptions as may be authorized by the secretary of defense. No unit or organization of the South Dakota National Guard and no unit of any branch or arm of the service may be maintained in the state, except as authorized by the President of the United States and recognized by the secretary of defense.
Source: SL 1913, ch 267, § 13; SL 1917, ch 297, § 15; RC 1919, § 10567; SDC 1939, § 41.0120; SL 2007, ch 187, § 20.
33-3-5. Recognition of units by Department of Defense.
The Governor may muster and present to the Department of Defense for recognition organizations and units authorized by applicable federal law and regulations.
Source: SL 1917, ch 297, § 14; RC 1919, § 10566; SDC 1939, § 41.0119; SL 2007, ch 187, § 22.
33-3-6. Emergency mustering of National Guard.
The Governor may, in case of war, insurrection, invasion, riot, or imminent danger, increase the National Guard force beyond the maximum established by law and may organize and muster the additional forces with proper officers, as the exigency of the service requires and the President authorizes.
Source: SL 1887, ch 100, § 7; CL 1887, § 1923; RPolC 1903, § 2465; SL 1903, ch 185, § 19; SL 1913, ch 267, § 14; SL 1917, ch 297, § 16; RC 1919, § 10569; SDC 1939, § 41.0122; SL 2007, ch 187, § 23.
33-3-7. Recruiting additional authorized units.
If the President authorizes the recruiting and presentation for muster of a unit or organization of any arm of the service, the recruiting of the unit or organization shall be done in accordance with the rules promulgated by the Governor pursuant to chapter 1-26.
Source: SL 1917, ch 297, § 36; RC 1919, § 10596; SDC 1939, § 41.0148; SL 2007, ch 187, § 24.
33-3-8. Location of units--Disbanding or reducing size of units.
The Governor may determine and fix the location of the units and headquarters of the South Dakota National Guard. However, no organization of the National Guard whose members are entitled to and have received compensation under the provisions of any act of Congress may be disbanded without the consent of the President. The commissioned or enlisted strength of any such organization may not be reduced below the minimum prescribed for the organization by the President without the consent of the President.
Source: SL 1917, ch 297, § 16; RC 1919, § 10569; SDC 1939, § 41.0122; SL 2007, ch 187, § 25.
33-3-9. Organization, equipment, and discipline of National Guard--Federal requirements.
The organization, armament, equipment, and discipline of the National Guard, except as specifically provided in this title, are the same as prescribed under the provisions of applicable federal law for the National Guard. To the extent that the provisions of federal law allow discretion, the Governor may issue orders governing the organization, armament, equipment, and discipline of the National Guard.
Source: SL 1917, ch 297, § 15; RC 1919, § 10567; SDC 1939, § 41.0120; SL 2007, ch 187, § 26.
33-3-10. Discipline and training.
The discipline and training of the National Guard shall conform to the system prescribed in this title.
Source: SL 1887, ch 100, § 35; CL 1887, § 1951; RPolC 1903, § 2490; SL 1903, ch 185, § 79; SL 1917, ch 297, § 49; RC 1919, § 10609; SDC 1939, § 41.0160; SL 2007, ch 187, § 27; SL 2012, ch 173, § 2.
33-3-11. Orders issued by governor--Federal requirements.
The Governor may issue such orders as may be necessary for the government, organization, and discipline of the militia and of the national guard, as provided for in this title or as provided by the rules and regulations for the armed forces of the United States or as issued by the secretary of defense.
Source: SL 1887, ch 100, § 36; CL 1887, § 1952; SL 1903, ch 185, § 56; SL 1917, ch 297, § 84; RC 1919, § 10644; SDC 1939, § 41.0191; SL 1986, ch 272, § 2; SL 1990, ch 263, § 8.
33-3-12. Applicability of federal regulations.
The South Dakota National Guard is subject to this title and all orders authorized by this title and rules promulgated pursuant to this title in accordance with the provisions of chapter 1-26. In all matters not specifically covered by this title or by such orders or rules, the National Guard is subject to the applicable regulations of the Department of Defense governing the organized militia and the National Guard, to the Uniform Code of Military Justice, and to the applicable regulations of the armed forces of the United States.
Source: SL 1887, ch 100, §§ 35, 36; CL 1887, §§ 1951, 1952; RPolC 1903, § 2490; SL 1917, ch 297, § 84; RC 1919, § 10644; SDC 1939, § 41.0191; SL 1986, ch 272, § 3; SL 2007, ch 187, § 28.
33-3-13. General efficiency of National Guard--Duty of adjutant general.
The adjutant general, by direction of the Governor, may cause members of the National Guard to perform any lawful military duty. The adjutant general is responsible to the Governor for the general efficiency of the National Guard and for the drill, instruction, inspection, small arms and artillery practice, movements, operations, and care of the troops.
Source: SL 1913, ch 267, § 35; SL 1917, ch 297, § 9; RC 1919, § 10558; SDC 1939, § 41.0112; SL 1967, ch 171, § 1; SL 2007, ch 187, § 29.
33-3-14. Duty of subordinate commanding officers.
Commanding officers of organizations of the national guard shall be responsible to their immediate commanders for the equipment, drill, instruction, movements, and efficiency of their respective commands.
Source: SL 1913, ch 267, § 35; SL 1917, ch 297, § 9; RC 1919, § 10558; SDC 1939, § 41.0112; SL 1967, ch 171, § 1.
33-3-15. Duty of other officers and enlisted men--Preservation of property.
All commissioned officers and enlisted men of the national guard shall be responsible to their immediate commanding officers for prompt and unhesitating obedience, proper drill, and the preservation and proper use of the property of the state or of the United States, or of the organization, in their possession.
Source: SL 1913, ch 267, § 35; SL 1917, ch 297, § 9; RC 1919, § 10558; SDC 1939, § 41.0112; SL 1967, ch 171, § 1.
33-3-21. Marking ground selected for guard activity--Obstruction of travel--Trespassers--Misdemeanor.
The commanding officer of any parade or drill of the National Guard, and the officer in charge of any rendezvous or camp, may cause the area selected for that purpose to be marked and designated in such manner as not unnecessarily to obstruct travel on any public highway. If any person, during the occupation of the area for military purposes, enters the designated area without the permission of the officer, the person may be arrested and kept under guard by order of the officer until such reasonable time as necessary to procure the person's arrest by the civil authorities. Any such offender is also guilty of a Class 2 misdemeanor.
Source: SL 1903, ch 185, § 29; SL 1917, ch 297, § 39; RC 1919, § 10599; SDC 1939, § 41.0150; SL 1977, ch 190, § 1; SL 2007, ch 187, § 30.
33-3-22. Interfering with National Guard members in performance of duty--Misdemeanor.
If any person intercepts, molests, insults, or abuses any officer or enlisted member of the National Guard while in the performance of the member's military duty, the person may be immediately arrested and kept confined, in the discretion of the commanding officer of the force engaged in such duty, until sunset of the same day on which the offense is committed, or for such reasonable time as may be necessary to procure the person's arrest by the civil authorities. Any such offender is also guilty of a Class 1 misdemeanor.
Source: SL 1903, ch 185, § 29; SL 1917, ch 297, § 39; RC 1919, § 10599; SDC 1939, § 41.0150; SL 1977, ch 190, § 2; SL 2007, ch 187, § 31.
33-3-23. Target practice--Competition.
The Governor may order target practice as the allowance of ammunition will permit and shall offer suitable medals, badges, or trophies, to be inscribed and given in the name of the state, to the persons and organizations who, upon competition, show their superior attainments as marksmen. The provisions of this section shall be carried out under orders and regulations issued by the Governor.
Source: SL 1887, ch 100, § 40; CL 1887, § 1956; RPolC 1903, § 2494; SL 1903, ch 185, § 54; SL 1917, ch 297, § 82; RC 1919, § 10642; SDC 1939, § 41.0190; SL 1979, ch 229; SL 2007, ch 187, § 32.
33-3-28. Military personnel authorized to administer oaths.
Any officer or warrant officer of the South Dakota National Guard who is commissioned in, assigned, or detailed to duty as the adjutant general, the assistant adjutant general, the adjutant, assistant adjutant, or personnel adjutant of any command, any judge advocate, the trial counsel or assistant trial counsel of a general or special court-martial, the president or recorder of any court-martial or military board, any commissioned officer commanding any unit or separate detachment, and any officer or warrant officer detailed to make an investigation, may administer oaths for the purpose of the administration of military justice and for other purposes required for the administration of the national guard. Any such officer has the general powers of a notary public in the administration of oaths, the attestation of documents, and all other forms of notarial acts to be executed by members of the national guard, their dependents, and any other person in the administration of the military laws of the state or necessary for the preparation for or the accomplishment of the missions of the national guard in either state or federal service. Notarial acts performed under this section are exempt from the requirements for a seal specified in § 18-1-3.1. The signature of the officer taking acknowledgments or sworn instruments, together with the title of his office, constitutes prima facie evidence of the officer's authority. However, no fee may be charged or collected by any officer mentioned in this section for the performance of any notarial act herein authorized. All commissioned officers and warrant officers of the armed forces of the United States may administer oaths of enlistment or appointment of any person in the armed forces of the United States.
Source: SL 1903, ch 185, § 61; SL 1913, ch 267, § 25; SL 1917, ch 297, § 31; RC 1919, § 10585; SDC 1939, § 41.0137; SL 1951, ch 205; SL 1987, ch 247, § 1; SL 1991, ch 265, § 1.
33-3-29. Awards to outstanding members of guard authorized.
The adjutant general, from the funds appropriated for the support and maintenance of the national guard, shall procure and issue to the members and former members of the national guard, entitled thereto by reason of heroic and outstanding acts or accomplishments in connection with their service in the national guard of this state, decorations, medals, trophies, badges, ribbons, and awards, under such regulations and according to the design and pattern thereof, as may be determined by the adjutant general.
Source: SL 1961, ch 208.
