CHAPTER 33-12
MILITARY EQUIPMENT, SUPPLIES AND FUNDS
33-12-1 Repealed.
33-12-2 Quartermaster general authorized to require assistant to give bond.
33-12-3 Duties of quartermaster general.
33-12-4 Custody of flags.
33-12-5 Responsibility for equipment--Property of United States.
33-12-6 Issuance of military property to authorized persons or organizations.
33-12-7 Return of United States property to be replaced with new property--Return of surplus property.
33-12-8 Disposition of unsuitable property--Public auction or private sale--Procedure--Accounting.
33-12-9 Commanding officer as legal custodian of property--Authorization to sue for recovery.
33-12-10 Periodic return of custodial property.
33-12-11 Resignation, reassignment, dismissal, or discharge of custodial officer.
33-12-12 Death of custodial officer.
33-12-13 33-12-13 to 33-12-15. Repealed by SL 2007, ch 187, §§ 118 to 120.
33-12-16 Inspection of issued supplies--Repairs and replacements.
33-12-17 Trafficking in property prohibited--Seizure from unauthorized person.
33-12-18 Report by disinterested officer respecting missing or destroyed property--Assessment of reasonable value and payment--Suit for recovery.
33-12-19 Board of survey respecting property losses--Notice and hearing--Appraisal and report--Payment for property--Disposition of funds.
33-12-20 Suit for missing or destroyed property--Absence of fault--Release from liability.
33-12-21 Exemption of property from taxation.
33-12-22 33-12-22. Repealed by SL 1994, ch 271.
33-12-23 Unauthorized entry to remove military property--Felony.
33-12-24 Adjutant general as proper party to incur expenses.
33-12-25 Accounting of expenditures--Approval of adjutant general--Payment.
33-12-26 Accounting of expenses including pay, subsistence, and transportation--Audit and payment.
33-12-27 Military claims--Audit by adjutant general--Authorization of subordinate officers to purchase necessities--Statement to adjutant general.
33-12-28 Contracts governed by public agency procurement law--Exception for emergencies.
33-12-29 General militia fund--Expenditure procedure.
33-12-30 Special militia fund--Sources of funds.
33-12-31 Expenditures from special militia fund--Procedure--Claims payable.
33-12-32 Use of special militia fund--Appropriation.
33-12-33 Disposition of rent authorized for armory.
33-12-1. Repealed.
Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10556; SDC 1939, § 41.0109; SL 1986, ch 27, § 24; SL 2007, ch 187, § 107; SL 2023, ch 109, § 21.
33-12-2. Quartermaster general authorized to require assistant to give bond.
As quartermaster general, the adjutant general may require any duly appointed assistant, who shall be a member of the National Guard, to give a bond with sufficient surety, in an amount the quartermaster general deems sufficient, to the state. The bond shall be conditioned for the faithful performance of duty and shall be approved by the quartermaster general, recorded in the Office of the Secretary of State, and filed with the state treasurer.
Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10556; SDC 1939, § 41.0109; SL 2007, ch 187, § 108.
33-12-3. Duties of quartermaster general.
The quartermaster general shall attend to the care, preservation, safekeeping, and repairing of the arms, ordnance, accouterments, equipment, and all other military property belonging to the state or issued to the state by the government of the United States, for the purpose of arming and equipping the national guard.
Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10556; SDC 1939, § 41.0109.
33-12-4. Custody of flags.
The adjutant general is the custodian of all flags and colors of South Dakota troops engaged in any war, and shall provide for their care and custody as the Governor directs. The adjutant general also has charge of all regimental flags and colors of the militia of the state when not in use.
Source: SL 1917, ch 297, § 83; RC 1919, § 10643; SDC 1939, § 41.0111; SL 2007, ch 187, § 109.
33-12-5. Responsibility for equipment--Property of United States.
The adjutant general has supervision of and is responsible for all the arms, ordnance, accouterments, equipment, and other military property that is issued to the state by the secretary of defense in compliance with law. 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.
Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10557; SDC 1939, § 41.0110; SL 2007, ch 187, § 110.
33-12-6. Issuance of military property to authorized persons or organizations.
The adjutant general shall issue military property as the Governor directs and under the Governor's direction shall make purchases for that purpose. Military property may only be issued to persons or organizations belonging to the organized militia.
Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10558; SDC 1939, § 41.0112; SL 1967, ch 171, § 1; SL 2007, ch 187, § 111.
33-12-7. Return of United States property to be replaced with new property--Return of surplus property.
The adjutant general shall upon order of the Governor turn in to the armed forces of the United States any weapons, equipment, and accouterments that are the property of the United States in possession of the state, and that are to be replaced by new weapons, equipment and accouterments sent by the United States. The adjutant general shall cause the 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. If the South Dakota National Guard is fully armed and equipped with standard weapons, equipment, and accouterments of the United States armed forces, the adjutant general shall cause any remaining weapons, equipment, and accouterments that are the property of the United States and in possession of the state, to be transferred and shipped, as directed in this section, under instructions from the secretary of defense.
Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10557; SDC 1939, § 41.0110; SL 2007, ch 187, § 112.
33-12-8. Disposition of unsuitable property--Public auction or private sale--Procedure--Accounting.
Any military property of the state which, after a proper inspection, is found unsuitable for the use of the state shall, under direction of the Governor, be disposed of by the quartermaster general at public auction or private sale. The sale shall be advertised at least once each week for two successive weeks, in at least one legal newspaper published in the first or second class municipality or county where the sale is to take place, if so ordered by the Governor. The quartermaster general shall bid in the property or suspend the sale if, in the quartermaster general's opinion, better prices may or should be obtained. The quartermaster general shall periodically render to the Governor an accurate account of the sales so made and deposit the proceeds with the state treasurer to the credit of the special militia fund.
Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10556; SDC 1939, § 41.0109; SL 1972, ch 28, § 13; SL 1992, ch 60, § 2; SL 2007, ch 187, § 113.
33-12-9. Commanding officer as legal custodian of property--Authorization to sue for recovery.
The commanding officer of any unit of the National Guard is the legal custodian of the money, property, and effects of the unit, whether the property is owned by the unit, or its members collectively, or has been issued to it or any of its officers, for its use, by the state or by the authority of the United States. The commanding officer may sue for the recovery and possession of any such property that is wrongfully withheld from the commanding officer's custody or the custody of the unit.
Source: SL 1903, ch 185, § 24; SL 1917, ch 297, § 25; RC 1919, § 10578; SDC 1939, § 41.0131; SL 2007, ch 187, § 114.
33-12-10. Periodic return of custodial property.
Every officer or other person having custody or control of the military property of the United States or of the state shall periodically make a return of the property on a form and to the appropriate department as required by law.
Source: SL 1887, ch 100, § 66; CL 1887, § 1982; RPolC 1903, § 2521; SL 1903, ch 185, § 73; SL 1917, ch 297, § 70; RC 1919, § 10630; SDC 1939, § 41.0178; SL 2007, ch 187, § 115.
33-12-11. Resignation, reassignment, dismissal, or discharge of custodial officer.
If any National Guard officer responsible for state property resigns or is reassigned, dismissed, or discharged, the officer shall deliver the property in the officer's possession, for which only the officer is responsible, to the quartermaster general, or to some person duly appointed to receive the property.
Source: SL 1903, ch 185, § 26; SL 1917, ch 297, § 27; RC 1919, § 10581; SDC 1939, § 41.0134; SL 2007, ch 187, § 116.
33-12-12. Death of custodial officer.
In case of the death of any officer of the National Guard responsible for state property the next in command shall immediately take charge of the property and deliver it to the quartermaster general or some person appointed to receive the property.
Source: SL 1903, ch 185, § 26; SL 1917, ch 297, § 27; RC 1919, § 10581; SDC 1939, § 41.0134; SL 2007, ch 187, § 117.
33-12-16. Inspection of issued supplies--Repairs and replacements.
All military supplies issued to any officer of the National Guard are at all times subject to inspection by any officer designated by the Governor for that purpose, who shall report the true condition of the supplies. The Governor may at any time require repairs to be made or defects or losses supplied.
Source: SL 1903, ch 185, § 25; SL 1917, ch 297, § 27; RC 1919, § 10580; SDC 1939, § 41.0133; SL 2007, ch 187, § 121.
33-12-17. Trafficking in property prohibited--Seizure from unauthorized person.
The clothing, arms, military outfits, accouterments, and stores furnished by the State of South Dakota or the United States to the National Guard may not be sold, bartered, exchanged, pledged, or given away, and the possession of any such property by any person not a member of the National Guard is prima facie evidence of such sale, barter, exchange, pledge, or theft. The property may be seized and taken from any person not authorized to keep the property by any soldier, officer, civil or military, of the state. The property shall then be delivered to any officer of the state authorized to receive the property.
Source: SL 1887, ch 100, § 67; CL 1887, § 1983; SL 1903, ch 185, § 74; SL 1911, ch 193, § 2; SL 1917, ch 297, § 75; RC 1919, § 10635; SDC 1939, § 41.0183; SL 2007, ch 187, § 122.
33-12-18. Report by disinterested officer respecting missing or destroyed property--Assessment of reasonable value and payment--Suit for recovery.
Any property of the state that 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. 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 the person shall pay the sum so assessed into the treasury of the state. 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 value of the property.
Source: SL 1887, ch 100, § 68; CL 1887, § 1948; SL 1903, ch 185, § 75; SL 1917, ch 297, § 76; RC 1919, § 10636; SDC 1939, § 41.0184; SL 1986, ch 272, § 13; SL 2007, ch 187, § 123.
33-12-19. Board of survey respecting property losses--Notice and hearing--Appraisal and report--Payment for property--Disposition of funds.
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. The board, after reasonable notice to the officer and hearing the officer's explanations or objections, shall appraise the property and make a report. The amount so appraised, if approved by the Governor, is conclusively deemed the amount of the officer's liability. The officer shall pay the amount into the state treasury, and the payments shall be deposited in a special fund known as the lost military property fund. 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.
Source: SL 2007, ch 187, § 124.
33-12-20. Suit for missing or destroyed property--Absence of fault--Release from liability.
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. However, if any such stores or property belonging to the state are lost, destroyed, or damaged without the fault or neglect of the officer responsible for the 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 for the stores or property.
Source: SL 1903, ch 185, § 25; SL 1917, ch 297, § 27; RC 1919, § 10580; SDC 1939, § 41.0133; SL 2007, ch 187, § 125.
33-12-21. Exemption of property from taxation.
All property belonging to any organization of the National Guard is exempt from taxation or assessment for any purpose.
Source: SL 1887, ch 100, § 62; CL 1887, § 1978; RPolC 1903, § 2515; SL 1903, ch 185, § 38; SL 1917, ch 297, § 41; RC 1919, § 10601; SDC 1939, § 41.0152; SL 2007, ch 187, § 126.
33-12-23. Unauthorized entry to remove military property--Felony.
Any unauthorized person who enters any fort, magazine, arsenal, armory, arsenal yard, or encampment, and removes any arms, ammunition, military stores, or supplies belonging to the National Guard, and any unauthorized person who enters any such place with intent to remove such property, is guilty of a Class 2 felony.
Source: PenC 1877, § 514; CL 1887, § 6715; RPenC 1903, § 536; RC 1919, § 3830; SDC 1939, § 13.1312; SL 1976, ch 158, § 43-6; SL 2006, ch 130, § 13; SL 2007, ch 187, § 127.
33-12-24. Adjutant general as proper party to incur expenses.
No officer of the National Guard, except the adjutant general, may incur any expenses to be paid by the state, except expenses that are authorized by this title.
Source: SL 1917, ch 297, § 11; RC 1919, § 10563; SL 1919, ch 256; SDC 1939, § 41.0116; SL 1947, ch 182; SL 1968, ch 159; SL 2007, ch 187, § 128.
33-12-25. Accounting of expenditures--Approval of adjutant general--Payment.
The adjutant general shall keep an accurate account of all expenditures necessarily made for the military service of the state. The account shall be paid on proper vouchers presented for the account and upon the approval of the adjutant general from the appropriations made by the Legislature for military purposes.
Source: SL 1887, ch 100, § 23; CL 1887, § 1939; SL 1893, ch 117, § 11; SL 1897, ch 100, § 3; RPolC 1903, § 2479; SL 1913, ch 267, § 8; SL 1917, ch 297, § 11; RC 1919, § 10563; SL 1919, ch 256; SDC 1939, § 41.0116; SL 1947, ch 182; SL 1968, ch 159; SL 2007, ch 187, § 129.
33-12-26. Accounting of expenses including pay, subsistence, and transportation--Audit and payment.
The adjutant general shall keep an accurate account of all expenses necessarily incurred, including pay of officers and enlisted men, subsistence and transportation of the National Guard and of all military property of the state. The expenses shall be audited and paid in the same manner as other military accounts are audited and paid.
Source: SL 1917, ch 297, § 9; RC 1919, § 10557; SDC 1939, § 41.0110; SL 2007, ch 187, § 130.
33-12-27. Military claims--Audit by adjutant general--Authorization of subordinate officers to purchase necessities--Statement to adjutant general.
The adjutant general shall audit and pass upon all claims of military character against the state, and no military contract against the state is valid or may be paid until approved by the adjutant general, except such as are contracted by the Governor. In extreme emergencies, however, the commanding officer of any organization or detachment of the National Guard, ordered into active service of the state, may purchase necessities for the immediate use and care of the officer's command. A report of the purchases containing a statement of the articles purchased and the price shall be made as soon as possible through the proper channels to the adjutant general. 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.
Source: SL 1917, ch 297, § 11; RC 1919, § 10563; SL 1919, ch 256; SDC 1939, § 41.0116; SL 1947, ch 182; SL 1968, ch 159; SL 2007, ch 187, § 131.
33-12-28. Contracts governed by public agency procurement law--Exception for emergencies.
The provisions of chapters 5-18A, 5-18B, and 5-18D, governing contracts by public corporations, apply to contracts and purchases by the adjutant general and the Department of the Military. However, in case of insurrection, invasion, tumult, riot, breach of the peace, 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 any necessary military property or supplies. The adjutant general shall report to the Governor the amount of property and supplies purchased and the prices paid.
Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10560; SDC 1939, § 41.0114; SL 1967, ch 172, § 1; SL 2007, ch 187, § 132; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011; SL 2011, ch 2, § 138.
33-12-29. General militia fund--Expenditure procedure.
Funds appropriated by the Legislature for the maintenance of the National Guard shall be known as the general militia fund. Expenditures from the general militia fund 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.
Source: SL 1917, ch 297, § 13; RC 1919, § 10565; SDC 1939, § 41.0118; SL 2007, ch 187, § 133.
33-12-30. Special militia fund--Sources of funds.
All funds derived from the sale of property belonging to the military department, as provided in this title, and all other funds accruing to the national guard of the state from any source whatsoever other than the general fund appropriated by the Legislature shall be deposited with the state treasurer and by him credited to a fund designated "the special militia fund."
Source: SL 1913, ch 267, § 10; SL 1917, ch 297, § 12; RC 1919, § 10564; SDC 1939, § 41.0117; SL 1955, ch 145, § 1.
33-12-31. Expenditures from special militia fund--Procedure--Claims payable.
The special militia fund is available for National Guard purposes only and 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 provided by law. However, such expenditures do not come within any restrictions governing payment of expenses incurred in a previous year. The special militia fund may be used to discharge any just or lawful debt properly contracted for National Guard purposes, whether of the ensuing or previous fiscal years.
Source: SL 1913, ch 267, § 10; SL 1917, ch 297, § 12; RC 1919, § 10564; SDC 1939, § 41.0117; SL 1955, ch 145, § 1; SL 2007, ch 187, § 134.
33-12-32. Use of special militia fund--Appropriation.
The special militia fund, and funds accumulating therein, are hereby appropriated for the construction of facilities and the maintenance of the South Dakota National Guard.
Source: SL 1913, ch 267, § 10; SL 1917, ch 297, § 12; RC 1919, § 10564; SDC 1939, § 41.0117; SL 1955, ch 145, § 1.
33-12-33. Disposition of rent authorized for armory.
If any organization of the National Guard erects or purchases an armory or assembly room, the annual rent of the armory or assembly room as authorized by this title, or allowed by the Governor, shall be paid into the treasury of the organization.
Source: SL 1917, ch 297, § 41; RC 1919, § 10601; SDC 1939, § 41.0152; SL 2007, ch 187, § 135.
