33-6-2. Exemption from arrest and process at certain times.

No person belonging to the military forces may be arrested on any civil process while going to, remaining at, or returning from any drill or annual training that the member is required to attend for duty.

Source: SL 1887, ch 100, § 65; CL 1887, § 1981; RPolC 1903, § 2520; SL 1903, ch 185, § 72; SL 1917, ch 297, § 74; RC 1919, § 10634; SDC 1939, § 41.0182; SL 2007, ch 187, § 64.

33-6-3. Right of way while performing duty--Interference with law enforcement personnel or emergency vehicles prohibited.

Any National Guard unit or personnel performing any duty according to law have the right of way in any street or highway through which they may pass. However, the unit or personnel may not interfere with the legitimate functions of law enforcement personnel or with the progress and operations of fire and rescue, ambulance, and other emergency vehicles.

Source: SL 1887, ch 100, § 65; CL 1887, § 1981; RPolC 1903, § 2520; SL 1917, ch 297, § 74; RC 1919, § 10634; SDC 1939, § 41.0182; SL 2007, ch 187, § 65.

33-6-4. Representation furnished National Guard members in civil proceedings--Security for costs--Attorneys fees and costs.

If a civil suit or civil proceedings are commenced in any court by any person against any member of the South Dakota National Guard for any act done by the member in an official capacity in the discharge of any duty under this title, or against any person lawfully acting under authority or order of the member, or by virtue of any warrant issued by the member pursuant to law, the judge advocate general, or some other officer designated by the Governor, shall appear for the member, and the plaintiff in the suit may be required to file security for the payment of the costs that may be incurred by the defendant in the suit or proceedings. If the plaintiff is nonsuited or if a verdict or judgment is rendered against the plaintiff, the defendant shall recover double costs and such attorney fees as the court allows. The fees shall in the first instance be paid by the state and refunded by the defendant upon collection of the judgment.

Source: SL 1887, ch 100, § 55; CL 1887, § 1971; RPolC 1903, § 2508; SL 1903, ch 185, § 71; SL 1917, ch 297, § 73; RC 1919, § 10633; SDC 1939, § 41.0181; SL 2007, ch 187, § 66.

33-6-5. Member tuition benefit--Board of Regents undergraduate degree programs--Limitations.

Any member of the South Dakota National Guard is, upon compliance with all the requirements for admission and subject to the provisions of § 33-6-7, entitled to a benefit as prescribed by this section and § 33-6-5.2 to attend and pursue any undergraduate course or courses in any state educational institution under the control and management of the Board of Regents. Any member of the South Dakota National Guard who is a resident of the state is entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. Any member of the South Dakota National Guard who is not a resident of the state is entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost. The benefits established under §§ 33-6-5 to 33-6-8, inclusive, may not exceed one hundred twenty-eight credit hours towards a baccalaureate degree.

Source: SL 1975, ch 147, § 1; SL 2004, ch 220, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, § 12; SL 2023, ch 110, § 1.

33-6-5.1. Member tuition benefit--Board of Regents graduate degree programs--Limitations.

Any member of the South Dakota National Guard is, upon compliance with all the requirements for admission and subject to the provisions of § 33-6-7, entitled to a benefit as prescribed by this section and § 33-6-5.3. Any member of the South Dakota National Guard who is enrolled in a program leading toward a graduate degree in any state educational institution under the control and management of the Board of Regents, including institutions or courses not subsidized by the general fund, is entitled to a benefit of one hundred percent of the in-state resident graduate tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost. The benefit provided by this section and § 33-6-5.3 may not exceed thirty-two credit hours toward a graduate degree.

Source: SL 2004, ch 221, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, § 13; SL 2023, ch 110, § 2.

33-6-5.2. Member tuition benefit--Board of Regents undergraduate courses not subsidized by general fund--Limitation.

Notwithstanding the provisions of § 13-55-23, an eligible member of the South Dakota National Guard enrolled in undergraduate courses under the control and management of the Board of Regents not subsidized by the general fund are entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost.

Source: SL 2004, ch 220, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, § 14; SL 2023, ch 110, § 3.

33-6-5.3. Member tuition benefit--Board of Regents graduate courses not subsidized by general fund--Limitation.

Notwithstanding the provisions of § 13-55-23, an eligible member of the South Dakota National Guard enrolled in graduate courses under the control and management of the Board of Regents not subsidized by the general fund are entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost.

Source: SL 2004, ch 221, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, § 15; SL 2023, ch 110, § 4.

33-6-5.4. Member tuition benefit--Federal tuition benefit defined.

For the purposes of this chapter, the term, federal tuition benefit, means a tuition benefit provided by the United States Department of Defense, United States Department of the Army, or the United States Department of the Air Force. The term, federal tuition benefit, excludes any benefits or entitlements provided by the United States Department of Veterans Affairs.

Source: SL 2023, ch 110, § 7.

33-6-5.5. Member tuition benefit--In-state, private, nonprofit postsecondary institution--Participation--Estimate submission.

Any private, nonprofit postsecondary institution located in this state, recognized as an exempt organization under 26 U.S.C. § 501(c)(3) as of January 1, 2024, and authorized to provide educational programs pursuant to chapter 13-48, may participate in the state's tuition benefit program for members of the South Dakota National Guard. To participate in the program, the institution must agree to accept the amount of the state tuition benefit for an undergraduate degree program under § 33-6-5 or for a graduate degree program under § 33-6-5.1 and the amount of any federal tuition benefit as full and complete payment of tuition for any student who meets the institution's admission requirements and the eligibility requirements of § 33-6-7. The participating institution shall collect the tuition benefit on behalf of an eligible student by submitting a request for payment to the Department of the Military on a form prescribed by the department. The department shall send the tuition benefit to the institution within sixty days of receiving the request for payment.

Each participating institution shall submit an estimate of the total number of students who will be enrolled in an undergraduate or graduate program, pursuant to this section, at the institution and eligible for the state tuition benefit to the department annually by July first.

Source: SL 2024, ch 123, § 1.

33-6-5.6. Member tuition benefit--In-state, private, nonprofit postsecondary institution--Maximum benefit.

An individual who meets the eligibility requirements of § 33-6-7 and is enrolled as a student in an undergraduate or graduate program at any institution participating in the tuition benefit program under § 33-6-5.5 is entitled to the maximum tuition benefit payable by the state under § 33-6-5 or 33-6-5.1, respectively. The Department of the Military shall publish the maximum tuition benefit to be awarded for the next academic year by July first.

If a student is eligible for the state tuition benefit and a federal tuition benefit, the federal benefit must be applied to the amount due before the state benefit is applied. The total amount of the federal and state benefit may not exceed one hundred percent of the institution's standard tuition for the applicable undergraduate or graduate program.

Source: SL 2024, ch 123, § 2.

33-6-6. Member tuition benefit--State technical college programs--Limitations.

Any member of the South Dakota National Guard, who is a resident of the state and who possesses the entrance requirements for admission to any technical college program, is entitled to complete one program of study approved by the Board of Technical Education in any state technical college. One hundred percent of tuition must be paid or otherwise credited by the technical college. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost.

Source: SL 1975, ch 147, § 2; SL 1992, ch 234, § 1; SL 1997, ch 199, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27, eff. Apr. 12, 2011; SL 2016, ch 109, § 16; SL 2017, ch 81, § 57; SL 2017, ch 146, § 1, eff. Mar. 2, 2017; SL 2020, ch 61, § 54; SL 2020, ch 64, § 2; SL 2023, ch 110, § 5.

33-6-7. Member tuition benefit--Eligibility.

To be eligible for a tuition benefit under § 33-6-5, 33-6-5.1, 33-6-6, or 33-6-5.6, an individual must:

(1)    Be a member of the South Dakota Army National Guard Unit or Air National Guard Unit throughout each semester or vocational program for which the member applies for benefits;

(2)    Have satisfactorily completed required initial basic training;

(3)    Have satisfactorily performed duty upon return from basic training, including a minimum ninety percent attendance on scheduled drill dates and at annual training with the member's parent unit;

(4)    Maintain satisfactory academic progress; and

(5)    Provide proper notice to the institution at the time of registration for the term in which the benefits are sought.

Source: SL 1975, ch 147, § 3; SL 1981, ch 253; SL 1985, ch 269, § 2; SL 2004, ch 222, § 1; SL 2023, ch 110, § 6; SL 2024, ch 123, § 3.

33-6-8. Member tuition benefit--Application--Determination--Promulgation of rules.

Any individual desiring to use the benefits of § 33-6-5, 33-6-5.1, 33-6-6, or 33-6-5.6 must apply to the Department of the Military. The adjutant general shall determine if the individual is entitled to the benefits of §§ 33-6-5 to 33-6-8, inclusive. The adjutant general shall promulgate rules, pursuant to chapter 1-26, establishing the application process, the procedures by which awards are determined, the records that must be maintained, and the procedure for an appeal.

Source: SL 1975, ch 147, § 4; SL 1985, ch 269, § 1; SL 1992, ch 234, § 2; SL 1997, ch 199, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 139, eff. Apr. 12, 2011; SL 2024, ch 123, § 4.

33-6-8.1. Tuition benefits for nonresident national guard members.

For purposes of tuition at any institution under the control and management of the Board of Regents, any nonresident member of the National Guard of the State of South Dakota who is eligible for any benefits under §§ 33-6-5 to 33-6-8, inclusive, is considered a resident of South Dakota. The nonresident member is subject to tuition at the rates established for residents, and any benefits for which the nonresident member is eligible under §§ 33-6-5 to 33-6-8, inclusive, shall be calculated based on resident tuition rates.

Source: SL 2006, ch 173, § 1.