CHAPTER 33-1
DEPARTMENT OF THE MILITARY
33-1-1 Definitions.
33-1-2 Adjutant general--Rank--Appointment--Qualifications.
33-1-2.1 Office continued in Department of the Military.
33-1-3 33-1-3. Repealed by SL 2007, ch 187, § 2.
33-1-4 33-1-4. Repealed by SL 1969, ch 218, § 2.
33-1-5 33-1-5. Repealed by SL 2004, ch 17, § 184.
33-1-6 Duties of adjutant general respecting communications--Recommendations to Governor--Coat of arms and seal--Charges against members of National Guard--Biennial census.
33-1-7 Cooperation with and from other departments.
33-1-8 General staff--Composition and responsibilities--Assistants.
33-1-9.1 Department abolished--Performance of functions.
33-1-10 Sections of National Guard Division--Assistant adjutants general--Qualifications of assistants.
33-1-10.1 Assistant adjutants general--Tour of duty--Reappointment.
33-1-11 Seal of department.
33-1-12 Adjutant general as general supervisor of department--Staff assistants.
33-1-13 Staff sections and administrative assistants.
33-1-14 Qualifications of staff officers--Term of office--Vacancies.
33-1-15 Officers and appointees--Clerical and other employees--Salaries.
33-1-16 Rank of staff assistants--Compensation and traveling expenses.
33-1-17 Repealed.
33-1-17.1 Repealed.
33-1-18 Repealed.
33-1-19 Repealed.
33-1-20 33-1-20. Repealed by SL 2007, ch 187, § 9.
33-1-21 Federally designated holidays to be observed.
33-1-1. Definitions.
Terms used in chapters 33-1 to 33-14, inclusive, mean:
(1) "Armed forces," includes the United States Army, the United States Navy, the United States Marine Corps, and the United States Air Force;
(2) "Department of Defense," the Department of Defense, the Department of the Army, Department of the Navy, or the Department of the Air Force, as appropriate under the laws of the United States;
(3) "Secretary of defense," the secretary of defense, the secretary of the army, the secretary of the navy, or the secretary of the air force, as appropriate under the laws of the United States;
(4) "Servicemember," any member serving in an active duty status in the armed forces of the United States, National Guard, or the Reserves;
(5) "Active duty," service pursuant to United States Code Title 10 or full-time National Guard duty pursuant to United States Code Title 32 § 502(f)(2) as of January 1, 2012, for the purpose of homeland defense operations or for state active duty pursuant to § 33-9-1; and
(6) "Deployment," the temporary transfer of a servicemember serving in active duty status to a location other than the servicemember's normal place of duty or residence in support of combat or military operations. The term includes the mobilization of a National Guard or Reserve servicemember to extended active duty status at any continental United States installation in support of military operations. The term does not include National Guard or Reserve annual training.
Source: Added by the Code Commission in 1977 to clarify the terminology; SL 2012, ch 171, § 1.
33-1-2. Adjutant general--Rank--Appointment--Qualifications.
One adjutant general, in the grade of major general, shall be appointed and shall serve as provided by § 1-32-3. At the time of appointment, the adjutant general shall be a federally recognized commissioned officer of the South Dakota National Guard, with not less than ten years military service in the armed forces of this state or of the United States. The officer appointed to the position of adjutant general shall meet all of the requirements of the officer's respective service to be appointed and receive federal recognition as a general officer in that service, including any waivers that may be authorized and granted or delegated by the secretaries of the Army or Air Force, as appropriate.
Source: SL 1887, ch 100, § 18; CL 1887, § 1934; SL 1893, ch 117, § 8; SL 1901, ch 176, § 6; RPolC 1903, § 2476; SL 1903, ch 185, §§ 5, 31; SL 1913, ch 267, §§ 5, 7; SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 2007, ch 187, § 1.
33-1-2.1. Office continued in Department of the Military.
The Office of the Adjutant General and all other powers, duties, and functions of the adjutant general shall continue in the Department of the Military.
Source: SL 1973, ch 2, § 270; SL 2011, ch 1 (Ex. Ord. 11-1), § 138, eff. Apr. 12, 2011.
33-1-6. Duties of adjutant general respecting communications--Recommendations to Governor--Coat of arms and seal--Charges against members of National Guard--Biennial census.
The adjutant general shall distribute all orders from the Governor. The adjutant general is the organ of all written communication from the National Guard to the Governor and shall attend the Governor if required at review of the National Guard, or if ordered in the performance of military duty. The adjutant general shall present to the Governor all recommendations with reference to the Department of the Military and shall obey and issue orders given by the Governor in relation to the department and in all other military matters. The adjutant general may use the coat of arms of the state and the seal of the office, with the words added thereto, "State of South Dakota, the Adjutant General's Office." The adjutant general shall submit to the Governor copies of all charges properly preferred in writing against any officer or soldier of the National Guard, if desired by the person preferring the charge, as well as all proceedings of all general courts-martial. The adjutant general shall biennially make a return in triplicate of all the National Guard of the state and shall deliver a copy of the return to the Governor on or before the first day of December of each even-numbered year.
Source: SL 1887, ch 100, § 19; CL 1887, § 1935; SL 1893, ch 117, § 8; SL 1901, ch 167, § 6; RPolC 1903, § 2476; SL 1903, ch 185, § 5; SL 1913, ch 267, § 5; SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 2007, ch 187, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011.
33-1-7. Cooperation with and from other departments.
Power is hereby vested in the adjutant general to secure data or information, or to procure assistance from the other departments, and a duty is hereby imposed upon the department upon which this demand is made, to make such power effective.
Source: SL 1955, ch 150, § 9; SDC Supp 1960, § 41.01A09.
33-1-8. General staff--Composition and responsibilities--Assistants.
The general staff shall include such staff sections as are currently authorized by the Department of Defense in the table of organization for a state headquarters detachment. The responsibilities of the several staff sections and the duties of the several staff officers and administrative assistants shall be such as are prescribed by the regulations, order, or direction, of the Governor or of the adjutant general, and in accordance with the duties of like officers under the regulations of the armed forces of the United States.
Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 10; RC 1919, §§ 10561, 10562; SDC 1939, § 41.0115; SL 1947, ch 180, § 4.
33-1-9.1. Department abolished--Performance of functions.
The Department of Military and Veterans Affairs is abolished, and all its functions shall be administered by the Department of the Military as provided by § 1-46-5.
Source: SL 1973, ch 2, § 276; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 21, eff. Apr. 12, 2011.
33-1-10. Sections of National Guard Division--Assistant adjutants general--Qualifications of assistants.
Within the National Guard Division of the Department of the Military, there are separate sections for the Army National Guard and Air National Guard, with an assistant adjutant general in the grade of brigadier general as the head of each, under the general supervision and control of the adjutant general in the grade of major general. The qualifications of the assistant adjutants general for army and air are the same as those prescribed under applicable National Guard regulations for federal recognition in the grade of brigadier general and applicable Department of Army and Air Force and National Guard Bureau eligibility standards. At the time of appointment, the assistant adjutant generals shall be qualified or capable of meeting qualifications within a reasonable time and a federally recognized commissioned field grade officer of the South Dakota National Guard, with not less than eight years service in the National Guard of South Dakota.
Source: SDC Supp 1960, § 41.01A01 as added by SL 1964, ch 116; SL 1977, ch 269, § 1; SL 2007, ch 187, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011.
33-1-10.1. Assistant adjutants general--Tour of duty--Reappointment.
Notwithstanding the provisions of § 33-1-14, there shall be appointed an assistant adjutant general for the Army National Guard and Air National Guard of the State of South Dakota, as authorized by § 33-1-10. The tour of duty of the assistants shall be as specified in the orders of the Governor with the consent of the Senate appointing the assistants, and may be for any period not to exceed two years. Assistant adjutants general are eligible for reappointment.
Source: SL 1969, ch 170; SL 1977, ch 269, § 2; SL 2007, ch 187, § 5.
33-1-11. Seal of department.
The department shall have a seal which shall bear the words "Seal of the Department of the Military."
Source: SL 1955, ch 150, § 1; SDC Supp 1960, § 41.01A01; SL 1964, ch 116; SL 1986, ch 272, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011.
33-1-12. Adjutant general as general supervisor of department--Staff assistants.
The adjutant general has general supervision and control of the Department of the Military subject to the orders and instructions of the Governor. The adjutant general may have such staff assistants in the several divisions named in this chapter as the adjutant general recommends and the Governor deems necessary for economical administration.
Source: SL 1903, ch 185, § 5; SL 1913, ch 267, § 5; SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 2007, ch 187, § 6; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011.
33-1-13. Staff sections and administrative assistants.
The Department of the Military shall include such staff sections and administrative assistants as may be necessary for the proper administration of the department in conformity with current state and federal laws and regulations.
Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011.
33-1-14. Qualifications of staff officers--Term of office--Vacancies.
The staff officers of the Department of the Military, including authorized administrative assistants, shall have had previous military experience and shall hold their positions until they have reached the age of sixty years, unless retired prior to that time, by reason of resignation, disability, or for causes to be determined by a court-martial legally convened for the purpose; and vacancies in such offices shall be filled by appointment from the officers of the National Guard of the state.
Source: SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011.
33-1-15. Officers and appointees--Clerical and other employees--Salaries.
The adjutant general shall appoint all officers and appointees of the Department of the Military. The adjutant general may employ such clerical and other employees and assistants as the adjutant general deems necessary for the proper transaction of the business of the department and fix their salaries except as otherwise provided by law.
Source: SL 1955, ch 150, § 4; SDC Supp 1960, § 41.01A04; SL 2007, ch 187, § 7; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011; SL 2023, ch 108, § 2.
33-1-16. Rank of staff assistants--Compensation and traveling expenses.
Staff assistants in the Department of the Military shall be commissioned by the Governor and have such rank in the general staff of the National Guard as the Governor provides in the commission of each. Such staff officers are not entitled to any stated monthly or annual salary, but if employed on detailed duty by order of the commander in chief, they shall receive the usual compensation of their rank, unless otherwise directed by the Governor, and any traveling expenses authorized by § 3-9-2, audited by the adjutant general and approved by the Governor.
Source: SL 1903, ch 185, § 5; SL 1913, ch 267, § 5; SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 1986, ch 27, § 21; SL 2007, ch 187, § 8; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011.
33-1-17. Repealed.
Source: SL 1955, ch 150, § 5; SDC Supp 1960, § 41.01A05; SL 1972, ch 185; SL 2012, ch 172, § 1; SL 2023, ch 108, § 3.
33-1-17.1. Repealed.
Source: SL 1973, ch 2 (Ex. Ord. 73-1), § 276; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 26 eff. Apr. 12, 2011; SL 2023, ch 108, § 4.
33-1-21. Federally designated holidays to be observed.
With the approval of the adjutant general all military and civilian employees of the Department of the Military shall observe the holidays designated by the federal government in lieu of the enumerated holidays in § 1-5-1.
Source: SL 1969, ch 172, § 1; SL 2007, ch 187, § 10; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011.