33-14-1      Authorization to organize and maintain South Dakota State Guard distinct from National Guard.
33-14-2      Promulgation of rules by department.
33-14-3      Requisition of arms and equipment from Department of Army--Availability of armories and equipment.
33-14-4      Appropriations to National Guard.
33-14-5      Composition of state guard--Uniform.
33-14-6      Out-of-state service not required.
33-14-7      Fresh pursuit of offender beyond state border--Conditions.
33-14-8      Private organizations prohibited from enlisting as unit.
33-14-9      Qualifications of members--Citizenship--Previous expulsion from military service.
33-14-10      Oath for officers.
33-14-11      Term of enlistment--Renewal--Oath for enlisted members.
33-14-12      Members to serve without pay except on active duty--Rate of pay.
33-14-13      National guard laws as governing state guard.
33-14-14      Uniform State Code of Military Justice applicable.
33-14-15      Draft into federal service not authorized--Members not exempt from draft.
33-14-16      Immunity from arrest while performing military duties--Exceptions--Exemption from other public duties.
33-14-17      Citation of chapter.

33-14-1. Authorization to organize and maintain South Dakota State Guard distinct from National Guard.

The Governor may organize and maintain within this state such military forces as the Governor deems necessary to protect life and property in this state. Such forces are additional to and distinct from the National Guard and are known as the South Dakota State Guard.

Source: SL 1941, ch 174, § 1; SL 1955, ch 144, § 1; SDC Supp 1960, § 41.01B01; SL 2007, ch 187, § 138.

33-14-2. Promulgation of rules by department.

The Department of the Military may promulgate rules pursuant to chapter 1-26 not inconsistent with the provisions of this chapter, governing the enlistment, organization, administration, equipment, maintenance, training, and discipline of the South Dakota State Guard.

Source: SL 1941, ch 174, § 2; SL 1955, ch 144, § 2; SDC Supp 1960, § 41.01B02; SL 1986, ch 272, § 14; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011.

33-14-3. Requisition of arms and equipment from Department of Army--Availability of armories and equipment.

For the use of the South Dakota State Guard, the Governor may requisition from the Department of the Army any arms and equipment that are available. The Governor may make available to the South Dakota State Guard the facilities of state armories and their equipment and such other state premises and property as are available.

Source: SL 1941, ch 174, § 4; SL 1955, ch 144, § 3; SDC Supp 1960, § 41.01B04; SL 2007, ch 187, § 139.

33-14-4. Appropriations to National Guard.

All appropriations made to the National Guard are deemed to have been appropriated to both the National Guard and the South Dakota State Guard.

Source: SL 1955, ch 144, § 1; SDC Supp 1960, § 41.01B01; SL 2007, ch 187, § 140.

33-14-5. Composition of state guard--Uniform.

The South Dakota State Guard shall be composed of officers commissioned or assigned, and such able-bodied male citizens of the state as shall volunteer for service therein, supplemented, if necessary, by men of the militia enrolled by draft or otherwise as provided by law. Such forces may be uniformed if so directed by the Governor and funds are available for the purpose.

Source: SL 1941, ch 174, § 1; SL 1955, ch 144, § 1; SDC Supp 1960, § 41.01B01.

33-14-6. Out-of-state service not required.

The South Dakota State Guard is not required to serve outside the boundaries of this state except as provided by § 33-14-7.

Source: SL 1941, ch 174, § 5; SDC Supp 1960, § 41.01B05; SL 2007, ch 187, § 141.

33-14-7. Fresh pursuit of offender beyond state border--Conditions.

Any organization, unit, or detachment of the South Dakota State Guard, upon order of the officer in immediate command 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 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. However, no such pursuit beyond state borders may be undertaken unless the other state has given authority by law for such pursuit by the forces of this state. Any such person who is apprehended or captured in 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 the person is taken or to the United States. However, such a surrender does not constitute a waiver by this state of its right to extradite or prosecute the person for any crime committed in this state.

Source: SL 1941, ch 174, § 5; SDC Supp 1960, § 41.01B05; SL 2007, ch 187, § 142.

33-14-8. Private organizations prohibited from enlisting as unit.

No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group may be enlisted in the South Dakota State Guard as an organization or unit.

Source: SL 1941, ch 174, § 8; SDC Supp 1960, § 41.01B08; SL 2007, ch 187, § 143.

33-14-9. Qualifications of members--Citizenship--Previous expulsion from military service.

No person 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.

Source: SL 1941, ch 174, § 9; SDC Supp 1960, § 41.01B09; SL 2007, ch 187, § 144.

33-14-10. Oath for officers.

The oath to be taken by officers commissioned in the South Dakota State Guard shall be substantially in the form prescribed for officers of the national guard, substituting the words South Dakota State Guard where necessary.

Source: SL 1941, ch 174, § 10; SDC Supp 1960, § 41.01B10.

33-14-11. Term of enlistment--Renewal--Oath for enlisted members.

No person 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 the South Dakota State Guard shall be substantially in the form prescribed for enlisted members of the National Guard, substituting the words South Dakota State Guard where necessary.

Source: SL 1941, ch 174, § 11; SDC Supp 1960, § 41.01B11; SL 2007, ch 187, § 145.

33-14-12. Members to serve without pay except on active duty--Rate of pay.

The officers and men of the South Dakota State Guard shall serve without pay, except when called out for active duty by the Governor. Members called out for service shall receive the same pay and allowances for the time spent on active duty as would be received by members of the national guard performing like service.

Source: SL 1941, ch 174, § 3; SDC Supp 1960, § 41.01B03.

33-14-13. National guard laws as governing state guard.

The South Dakota State Guard shall, in so far as practicable be governed by and subject to the laws of the state pertaining to the national guard.

Source: SL 1955, ch 144, § 1; SDC Supp 1960, § 41.01B01.

33-14-14. Uniform State Code of Military Justice applicable.

If the South Dakota State Guard or any part of the South Dakota State Guard is ordered out for active service, the Uniform State Code of Military Justice, found in chapter 33-10, is applicable to members of the South Dakota National Guard in relation to courts-martial, their jurisdiction, the limits of punishment, and the rules and regulations prescribed under the Uniform State Code of Military Justice and are in full force and effect with respect to the South Dakota State Guard.

Source: SL 1941, ch 174, § 12; SDC Supp 1960, § 41.01B12 (1); SL 2007, ch 187, § 146; SL 2012, ch 173, § 6.

33-14-15. Draft into federal service not authorized--Members not exempt from draft.

Nothing in this chapter authorizes any part of the South Dakota State Guard to be called, ordered, or in any manner drafted as such into the military service of the United States. However, no person by reason of the person's enlistment or commission in any such forces may be exempted from military service under any law of the United States.

Source: SL 1941, ch 174, § 7; SDC Supp 1960, § 41.01B07; SL 2007, ch 187, § 147.

33-14-16. Immunity from arrest while performing military duties--Exceptions--Exemption from other public duties.

No officer or enlisted member of the South Dakota State Guard may be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where the officer or member is ordered to attend for military duty. Every officer and enlisted member serving in the South Dakota State Guard is exempt from service upon any posse comitatus and from jury duty.

Source: SL 1941, ch 174, § 12; SDC Supp 1960, § 41.01B12 (2); SL 2007, ch 187, § 148.

33-14-17. Citation of chapter.

This chapter may be cited as the South Dakota State Guard Act.

Source: SL 1941, ch 174, § 15; SDC Supp 1960, § 41.01B13.