33-2-1
Governor as commander of militia--Organized portion as South Dakota National
Guard.
33-2-2
Composition of militia--National guard and unorganized militia.
33-2-3
Persons exempt from military duty--Circumstances under which exemption is
inapplicable.
33-2-4
Conscientious objectors as exempt--Persons exempt by laws of United States.
33-2-5
Repealed.
33-2-6
Circumstances under which militia may be put in actual service.
33-2-7
Ranking officer as commander of troops in service--Citizenship requirement.
33-2-8
Law governing militia in active service.
33-2-9
Pay during active service.
33-2-1. Governor as commander of militia--Organized portion as South Dakota National Guard.
The Governor is the commander in chief of the militia of the state, the organized portion of which is known as the South Dakota National Guard.
Source: PolC 1877, ch 30, § 3; SL 1887, ch 100, § 5; CL 1887, § 1921; SL 1893, ch 117, § 3; SL 1901, ch 176, § 2; RPolC 1903, § 2463; SL 1903, ch 185, § 1; SL 1913, ch 267, § 1; SL 1917, ch 297, § 1; RC 1919, § 10548; SDC 1939, § 41.0101; SL 2007, ch 187, § 11.
33-2-2. Composition of militia--National Guard and unorganized militia.
The militia of the state consists of all able-bodied qualified residents of the state, 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 armed forces. The militia is divided into two classes: the National Guard and the unorganized militia.
Source: PolC 1877, ch 30, § 1; SL 1887, ch 100, § 1; CL 1887, § 1917; RPolC 1903, § 2459; SL 1903, ch 185, § 2; SL 1913, ch 267, § 2; SL 1917, ch 297, § 2; RC 1919, § 10549; SDC 1939, § 41.0102; SL 1947, ch 180, § 1; SL 2007, ch 187, § 12.
33-2-3. Persons exempt from military duty--Circumstances under which exemption is inapplicable.
The following persons are exempt from military duty:
(1) All persons in the armed forces or volunteer force of the United States and those who have been honorably discharged therefrom;
(2) All persons who have served in the South Dakota National Guard for the term of six years and have been honorably discharged. Exempted persons specified in this section are liable to military duty in case of war, insurrection, or invasion, or imminent danger thereof.
Source: SL 1917, ch 297, § 4; RC 1919, § 10551 (1); SDC 1939, § 41.0104 (1); SL 2007, ch 187, § 13.
33-2-4. Conscientious objectors as exempt--Persons exempt by laws of United States.
The following persons are exempt from military duty:
(1) Any member of any well recognized religious sect or organization, organized and existing before March 1, 1917, whose creed forbids its members from participating in war in any form, and whose religious convictions are against war or participation in war, in accordance with the creed of the religious organization; and
(2) Any person who is exempted by the laws of the United States.
Source: SL 1917, ch 297, § 4; RC 1919, § 10551 (3); SDC 1939, § 41.0104 (3); SL 2007, ch 187, § 14.
33-2-6. Circumstances under which militia may be put in actual service.
The Governor may order out from time to time, for actual service, as many of the militia as necessary to execute the laws, preserve order, suppress insurrection, repel invasion, and provide disaster relief assistance.
Source: PolC 1877, ch 30, §§ 6, 7; SL 1887, ch 100, § 3; CL 1887, § 1919; RPolC 1903, § 2461; SL 1903, ch 185, §§ 4, 62; SL 1913, ch 267, § 4; SL 1917, ch 297, § 6; RC 1919, § 10553; SDC 1939, § 41.0105; SL 1949, ch 152; SL 2007, ch 187, § 16.
33-2-7. Ranking officer as commander of troops in service--Citizenship requirement.
If any troops are in the field for the purposes mentioned in § 33-2-6, the senior ranking officer of the troops present shall take command. However, no person is eligible for a command in the militia of this state unless that person is a citizen of the United States.
Source: PolC 1877, ch 30, § 6; SL 1887, ch 100, § 3; CL 1887, § 1919; RPolC 1903, § 2461; SL 1903, ch 185, § 4; SL 1913, ch 267, § 4; SL 1917, ch 297, § 6; RC 1919, § 10553; SDC 1939, § 41.0105; SL 1949, ch 152; SL 2007, ch 187, § 17.
33-2-8. Law governing militia in active service.
The militia, while in active service, shall be governed by the military law of the state.
Source: PolC 1877, ch 30, § 6; SL 1887, ch 100, § 3; CL 1887, § 1919; RPolC 1903, § 2461; SL 1903, ch 185, § 4; SL 1913, ch 267, § 4; SL 1917, ch 297, § 6; RC 1919, § 10553; SDC 1939, § 41.0105; SL 1949, ch 152; SL 2012, ch 173, § 1.
33-2-9. Pay during active service.
When in active service of the state, pursuant to the order of the Governor, the compensation and expenses of the militia and claims of the members thereof for injury or illness incurred in line of duty, shall be paid out of any funds in the state treasury not otherwise appropriated.
Source: SDC 1939, § 41.0106.
