CHAPTER 33-11

NATIONAL GUARD ARMORIES AND FACILITIES

33-11-1    Armories and other facilities authorized--Authority of commanding officer--Expenses.

33-11-2    Provision of armories and other facilities--Authorized uses.

33-11-3    Cooperative agreements with other public agencies.

33-11-4    Use of buildings in cooperation with public agencies.

33-11-5    National guard and federal reserve use.

33-11-6    Donations to aid in providing facilities.

33-11-7    Donations by local authorities authorized--Tax levy--Vote of electors--Matching state funds.

33-11-8    Erection of armory on donated land.

33-11-9    Control of armory by Department of the Military.

33-11-10    Management of armory--Promulgation of rules.

33-11-11    Intoxicating beverages prohibited--Exceptions authorized.

33-11-12    Welfare and revenue producing activities.

33-11-13    Donation of armory at Sisseton.

33-11-14    Description of land purchase in Sturgis.

33-11-15    Terms of purchase of land in Sturgis.

33-11-1. Armories and other facilities authorized--Authority of commanding officer--Expenses.

The adjutant general shall provide suitable space, at a convenient location where any unit of the National Guard is stationed, with the necessary furnishings, equipment, and supplies for an armory, assembly, drill room, garages, and maintenance shops for the organization. The buildings and space are under the exclusive control of the unit's commanding officer. There shall be paid out of the military appropriation a sum deemed necessary on the contract made by the adjutant general for the rent and furnishing of the armory, garages, maintenance shops, or band quarters of each organization of the National Guard, to be paid by the state.

Source: SL 1887, ch 100, § 63; CL 1887, § 1979; SL 1890, ch 111, § 9; RPolC 1903, § 2516; SL 1903, ch 185, § 39; SL 1917, ch 297, § 42; RC 1919, § 10602; SDC 1939, § 41.0153; SL 1967, ch 171, § 2; SL 1992, ch 60, § 2; SL 2007, ch 187, § 99.

33-11-2. Provision of armories and other facilities--Authorized uses.

The Department of the Military shall erect or provide anywhere within the limits of this state, upon terms and conditions determined as most advantageous to the state, armories and other facilities for the use of the National Guard. The armories and other facilities shall be used for drill, meeting, and rendezvous purposes by the unit occupying them and for such other public functions as the officers in charge of the armory or facility deem advisable and proper. 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.

Source: SL 1917, ch 297, § 85; RC 1919, § 10645; SDC 1939, § 41.0192; SL 1947, ch 180, § 6; SL 1951, ch 208; SL 1955, ch 146, § 1; SDC Supp 1960, § 41.0192 (2); SL 2007, ch 187, § 100; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011; SL 2023, ch 108, § 7.

33-11-3. Cooperative agreements with other public agencies.

The State of South Dakota, acting through the Department of the Military in participation with the federal government, and any county, municipal corporation, school district, or any department, agency, or board of the state or combination thereof, acting through their governing boards, may cooperate, on such terms as may be agreed to by the Department of the Military and the governing boards of the public corporations or other agencies in the construction, enlargement, conversion, and equipment of the buildings described in § 33-11-2, including acquisition of sites for such buildings, and in the operation, maintenance, and use of such buildings.

Source: SL 1949, ch 159, § 1; SL 1955, ch 146, § 1; SDC Supp 1960, § 41.0192 (3); SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 26, 27, eff. Apr. 12, 2011; SL 2023, ch 108, § 8.

33-11-4. Use of buildings in cooperation with public agencies.

The buildings referred to in § 33-11-3 shall be suitable for use as armories or other facilities by the National Guard. The buildings shall also be suitable for use by a cooperating public corporation or agency for the same purposes as a building that the corporation or agency is authorized by law to construct for its own exclusive use and shall be used for such purposes.

Source: SL 1949, ch 159, § 2; SL 1955, ch 146, § 1; SDC Supp 1960, § 41.0192 (3); SL 2007, ch 187, § 101.

33-11-5. National guard and federal reserve use.

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

Source: SL 1949, ch 159, § 3; SL 1955, ch 146, § 1; SDC Supp 1960, § 41.0192 (3).

33-11-6. Donations to aid in providing facilities.

The Department of the Military may receive from counties, school districts, municipalities, or other sources, donations of land or contributions of money, buildings, or other property to aid in providing or erecting armories and other facilities throughout the state for the use of the National Guard. The property shall be held as other property for the use of the state.

Source: SL 1917, ch 297, § 89; RC 1919, § 10649; SDC 1939, § 41.0196; SL 1951, ch 209; SL 2006, ch 174, § 1; SL 2007, ch 187, § 102; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011.

33-11-7. Donations by local authorities authorized--Tax levy--Vote of electors--Matching state funds.

Counties, school districts, or municipalities may contribute land, money, buildings, or other property for the purposes of this chapter. Any first or second class municipality may levy a tax upon all property within the municipality subject to taxation to raise the necessary money for an armory building or other facility and site. However, no money raised by such tax may be donated or tax levied until the donation or levy is authorized by a vote of a majority of the electors in the municipality at an election called for that purpose. Any contribution of money from a county, school district, or municipality for the construction of an armory shall be matched with a sum appropriated from the state treasury that is not greater than fifty percent of the total local effort required by the Department of the Military or the United States Department of Defense.

Source: SL 1917, ch 297, § 89; RC 1919, § 10649; SDC 1939, § 41.0196; SL 1951, ch 209; SL 1992, ch 60, § 2; SL 2006, ch 174, § 2; SL 2007, ch 187, § 103; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011.

33-11-8. Erection of armory on donated land.

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

Source: SL 1917, ch 297, § 87; RC 1919, § 10647; SDC 1939, § 41.0194; SL 2007, ch 187, § 104; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27, eff. Apr. 12, 2011.

33-11-9. Control of armory by Department of the Military.

The Department of the Military has charge of any armory erected or provided pursuant to § 33-11-8 and shall arrange for its occupancy and use under the direction and responsibility of the senior officer in command.

Source: SL 1917, ch 297, § 87; RC 1919, § 10647; SDC 1939, § 41.0194; SL 2007, ch 187, § 105; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27, eff. Apr. 12, 2011.

33-11-10. Management of armory--Promulgation of rules.

The Department of the Military also constitutes a board for general management and care of armories. The department may promulgate rules pursuant to the provisions of chapter 1-26 for armory management and government and to provide for the guidance of the organization occupying them. The rules, in accordance with federal law and regulation, shall provide:

(1)    Standards and requirements for construction or lease of armory facilities and related furnishings of such facilities;

(2)    Standards and requirements for construction or lease of facilities, other than armories, and related furnishings as required by § 33-11-1;

(3)    Procedures to enter into cooperative agreements with other public agencies pursuant to § 33-11-3;

(4)    Procedures and standards to receive contributions of land, money, buildings, or other property pursuant to § 33-11-6; and

(5)    Standards and procedures governing revenue producing activities undertaken pursuant to § 33-11-12.

Source: SL 1917, ch 297, § 88; RC 1919, § 10648; SDC 1939, § 41.0195; SL 1986, ch 272, § 11; SL 2007, ch 187, § 106; SL 2023, ch 108, § 9.

33-11-11. Intoxicating beverages prohibited--Exceptions authorized.

The commanding officer at any encampment, parade, drill, muster, or other rendezvous of the national guard shall prohibit and prevent the sale or use of all alcoholic beverages within the limits of the encampment, parade grounds, or armory. However, the adjutant general may, as necessary for health, welfare, or morale activities, authorize open mess activities, and units of the national guard to engage in the sale, mixing, or consumption of alcoholic beverages at encampments, parade grounds, or armories if the sale is made in accordance with authority properly granted under Title 33.

Source: SL 1887, ch 100, § 39; CL 1887, § 1955; RPolC 1903, § 2493; SL 1903, ch 185, § 53; SL 1917, ch 297, § 81; RC 1919, § 10641; SDC 1939, § 41.0189; SL 1994, ch 270.

33-11-12. Welfare and revenue producing activities.

The adjutant general under rules promulgated pursuant to the provisions of chapter 1-26 may provide for certain sundry, welfare, and revenue producing fund activities for the benefit of the members of the national guard. Such activities shall be similar in nature to those authorized for members of the armed forces of the United States on active duty and may include open mess activities for both officers and enlisted personnel under restrictions similar to those imposed by the secretaries of the army and air force. The adjutant general shall prescribe collection, accounting and use of such funds and the same are hereby made subject to audit by the auditor general. No specific license may be required for any such activity, but all taxes otherwise incident to such activity shall be payable.

Source: SL 1972, ch 186, § 3; SL 1986, ch 272, § 12.

33-11-13. Donation of armory at Sisseton.

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

The Governor shall execute a quitclaim deed which shall be attested by the commissioner of School and Public Lands, to transfer all of the state's right, title and interest in the real estate and improvements commonly known as the Sisseton National Guard Armory, located at the Lots One, Two, Three, Four, Five, Six, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen, Eighteen, Nineteen, Twenty, Twenty-one, Twenty-two, Twenty-three and Twenty-four Block Fifty-four, city of Sisseton in Roberts County, South Dakota, as such deed was recorded in Book 51 of Deeds on page 187 in the Roberts County Register of Deeds Office, to the city of Sisseton subject to any applicable statutory and constitutional reservations.

Source: SL 2011, ch 150, §§ 1, 2.

33-11-14. Description of land purchase in Sturgis.

The Department of the Military, South Dakota Army National Guard, may purchase land, comprising more or less of thirty acres located in Sturgis, South Dakota, adjacent to the Sturgis Brown High School and located in the S1/2, Section 1 and N1/2, Section 12, Township 5 North, Range 5 East, Black Hills Meridian, Sturgis, Meade County, South Dakota.

Source: SL 2017, ch 147, § 1, eff. Mar. 10, 2017.

33-11-15. Terms of purchase of land in Sturgis.

The Department of the Military and seller agree that, in entering into the agreement to purchase land pursuant to § 33-11-14, the seller has taken into consideration the department's intended use of the real property and the long-standing relationship between the department and seller. The department agrees to grant to the seller a right of first refusal to purchase the property provided that the seller shall exercise the right within one hundred eighty days of written notice from the department of the department's intent to sell, transfer, or convey the property or any portion thereof. For a period of ten years from the date of the purchase, the seller has the right of first refusal and may purchase the property for the same price for which the department is paying the seller. However, the price shall be adjusted for inflation using the core consumer price index as published by the United States Bureau of Labor Statistics. After the initial ten year period, the seller may exercise the seller's right of first refusal to purchase at fair market value. If the seller does not exercise the right, by submitting a written offer to purchase the portion of the property intended to be sold, transferred, or conveyed, within the one hundred eighty days, the seller's right of first refusal terminates as to said portion. The right of first refusal to purchase only applies to a sale, transfer, or conveyance of all of the department's rights, title, and interest in the real property and does not apply to a grant or conveyance by the department of a lesser interest including, without limitation, easements or leases. The seller's right of first refusal to purchase may only be exercised by the seller and cannot be transferred or assigned.

Source: SL 2017, ch 147, § 2, eff. Mar. 10, 2017.