(HB 1003)
Clarify and update statutes
related to military and veterans affairs for form and style.
Section
1.
That
§
33-1-2
be amended to read as follows:
33-1-2.
There shall be one
One
adjutant general, in the grade of major general,
who
shall be
appointed and shall serve as provided by § 1-32-3. At the time of
his
appointment,
he
the adjutant
general
shall be a federally recognized commissioned officer of the South Dakota National Guard,
with not less than ten
years'
years
military service in the armed forces of this state or of the United
States
, who shall have attained the grade of major or higher with federal recognition in such grade
at least one year prior to his appointment as adjutant general
. 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
.
Section
2.
That
§
33-1-3
be repealed.
Section
3.
That
§
33-1-6
be amended to read as follows:
33-1-6.
The adjutant general shall distribute all orders from the Governor.
He shall be
The
adjutant general is
the organ of all written communication from the
national guard
National Guard
to the Governor and
he
shall attend
him when
the Governor if
required at review of the
national
guard
National Guard
, or
whenever
if
ordered in the performance of military duty.
He shall lay
before
The adjutant general shall present to
the Governor all recommendations with reference to
the Department of Military and Veterans Affairs and
shall
obey and issue
such
orders
as the
Governor shall give in relation thereto
given by the Governor in relation to the department
and in
all other military matters
, and shall be entitled to
. The adjutant general may
use the coat of arms
of the state and the seal of
his
the
office, with the words added thereto, "State of South Dakota, the
Adjutant General's Office."
He
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, whenever
National Guard, if
desired by the person preferring the charge, as well as all proceedings of all
general courts-martial.
He
The adjutant general
shall biennially make a return in triplicate of all
the
national guard
National Guard
of the state
, a copy of which he shall deliver
and shall deliver
a copy of the return
to the Governor on or before the first day of December of each even-numbered
year.
Section
4.
That
§
33-1-10
be amended to read as follows:
33-1-10.
Within the National Guard Division of the Department of Military and Veterans
Affairs, there
shall be
are
separate sections for the
army and air national guard
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
shall be
are
the same as those prescribed under
current national guard
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
prescribed in the technician personnel
manual
. At the time of
his
appointment,
he
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'
years
service in the National Guard of South Dakota.
Section
5.
That
§
33-1-10.1
be amended to read as follows:
33-1-10.1.
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
thus appointed
shall be as
specified in the orders of the Governor with the consent of the Senate appointing the
same
assistants
, and may be for any period not to exceed two years. Assistant adjutants general
shall be
are
eligible for reappointment.
Section
6.
That
§
33-1-12
be amended to read as follows:
33-1-12.
The adjutant general
shall have
has
general supervision and control of the Department
of Military and Veterans Affairs subject to the orders and instructions of the Governor
, and he
shall
. The adjutant general may
have such staff assistants in the several divisions named in this
chapter as
he shall recommend
the adjutant general recommends
and the Governor
shall deem
deems
necessary for economical administration.
Section
7.
That
§
33-1-15
be amended to read as follows:
33-1-15.
The adjutant general shall appoint
such personnel as are named and designated as
all
officers and appointees of the Department of Military and Veterans Affairs, except the members
of the Board of Military Affairs created by this chapter
, and he is authorized to
. The adjutant
general may
employ such clerical and other employees and assistants as
he may deem
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.
Section
8.
That
§
33-1-16
be amended to read as follows:
33-1-16.
Staff assistants in the Department of Military and Veterans Affairs shall be
commissioned by the Governor and have such rank in the general staff of the
national guard
National Guard
as the Governor
may provide
provides
in the commission of each. Such staff
officers
shall not be
are not
entitled to any stated monthly or annual salary, but
when
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
such
any
traveling expenses
as are
authorized by § 3-9-2, audited by the adjutant general and approved by the Governor.
Section
9.
That
§
33-1-20
be repealed.
Section
10.
That
§
33-1-21
be amended to read as follows:
33-1-21.
With the approval of the adjutant general all military and civilian employees of the
Department of Military and Veterans Affairs
will
shall
observe the holidays
set forth by the Code
of Federal Regulations promulgated by the Civil Service Commission
designated by the federal
government
in lieu of the enumerated holidays in § 1-5-1.
Section
11.
That
§
33-2-1
be amended to read as follows:
33-2-1.
The Governor
shall be
is
the commander in chief of the militia of the state, the
organized portion of which
shall be known and distinguished
is known
as the South Dakota
National Guard.
Section
12.
That
§
33-2-2
be amended to read as follows:
33-2-2.
The militia of the state
shall consist
consists
of all able-bodied
male citizens
qualified
residents
of the state
who are between
, 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
Army, and such militia shall be
armed forces. The
militia is
divided into two classes: the
national guard
National Guard
and the unorganized militia.
Section
13.
That
§
33-2-3
be amended to read as follows:
33-2-3.
The following persons are exempt from military duty:
33-2-4.
The following persons are exempt from military duty:
Section
16.
That
§
33-2-6
be amended to read as follows:
33-2-6.
The
militia shall be subject to perform no active military duty save and except in case
of war, invasions, riots, insurrection, or disaster. In such case the
Governor
is hereby authorized
to
may
order out from time to time, for actual service, as many of the militia as
necessity may
require, and to provide for their organization in the manner prescribed in this title for the
organization of the national guard. In all such cases the national guard shall first be ordered into
service
necessary to execute the laws, preserve order, suppress insurrection, repel invasion, and
provide disaster relief assistance
.
Section
17.
That
§
33-2-7
be amended to read as follows:
33-2-7.
When
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
; provided that no
. However, no
person
shall be eligible to
is eligible for
a command in the militia of this state
except
unless that person
is
a citizen of the United States.
Section
18.
That
§
33-3-1
be repealed.
Section
19.
That
§
33-3-2
be amended to read as follows:
33-3-2.
The
national guard shall consist of the regularly enlisted militia between the ages
currently authorized by the Department of Defense for enlisted personnel in the active components
of the United States Army, organized, armed, and equipped as provided in this title and of
commissioned officers between the ages of twenty-one and sixty years
National Guard shall be
organized, armed, and equipped as provided in this title and shall consist of the following:
Section
20.
That
§
33-3-3
be amended to read as follows:
33-3-3.
The military units of the
national guard
National Guard
shall be composed and
organized, except as otherwise specifically provided, the same as the armed forces of the United
States subject in time of peace to such general exceptions as may be authorized by the secretary
of defense
, and no units or organizations of the national guard
. No unit or organization of the South
Dakota National Guard
and no
units
unit
of any branch or arm of the service
shall
may
be
maintained in the state, except
such
as
are
authorized by the President of the United States and
recognized by the secretary of defense.
Section
21.
That
§
33-3-4
be repealed.
Section
22.
That
§
33-3-5
be amended to read as follows:
33-3-5.
The Governor
is hereby authorized and empowered to
may
muster and present to the
Department of Defense for recognition
such
organizations and units
as may be authorized by the
President and as may be necessary to conform to the regulations and requirements of the
Department of Defense under the laws of the United States
authorized by applicable federal law
and regulations
.
Section
23.
That
§
33-3-6
be amended to read as follows:
33-3-6.
The Governor
shall have the power
may
, in case of war, insurrection, invasion,
riot,
or imminent danger,
to
increase the
national guard
National Guard
force beyond the maximum
established by law and
to
may
organize and muster
the additional forces
with proper officers, as
the exigency of the service
may require
requires
and the President
may authorize
authorizes
.
Section
24.
That
§
33-3-7
be amended to read as follows:
33-3-7.
When
If
the President
has authorized
authorizes
the recruiting and presentation for
muster of a unit or organization of any arm of the service, the recruiting of
such
the
unit or
organization
is hereby authorized and
shall be
had
done
in accordance with the rules
and
regulations made
promulgated
by the Governor
pursuant to chapter 1-26
.
Section
25.
That
§
33-3-8
be amended to read as follows:
33-3-8.
The Governor
is hereby authorized to
may
determine and fix the location of the units
and headquarters of the
national guard, provided that
South Dakota National Guard. However,
no
organization of the
national guard, members of which shall be
National Guard whose members are
entitled to and
shall
have received compensation under the provisions of any act of Congress
shall
may
be disbanded without the consent of the President
, nor without such consent shall the
. The
commissioned or enlisted strength of any such organization
may not
be reduced below the
minimum
that shall be
prescribed
therefor
for the organization
by the President
without the consent
of the President
.
Section
26.
That
§
33-3-9
be amended to read as follows:
33-3-9.
The organization, armament, equipment, and discipline of the
national guard
National
Guard
, except as specifically provided in this title,
shall be
are
the same as
is
prescribed under the
provisions of
any pertinent act of Congress relating to the national guard, or any subsequent
amendments thereto or substitutes therefor, and, as to those requirements which are mandatory
therein, as may be prescribed by the regulations of the Department of Defense published in
pursuance therewith, and so far as the Governor may prescribe as to those things which are
optional therein, and any change shall become effective as to the guard when an order or a
regulation to that effect shall have been promulgated by the Governor
applicable federal law for
the National Guard. To the extent that the provisions of federal law allow discretion, the Governor
may issue orders governing the organization, armament, equipment, and discipline of the National
Guard
.
Section
27.
That
§
33-3-10
be amended to read as follows:
Section
28.
That
§
33-3-12
be amended to read as follows:
33-3-12.
The
national guard shall be
South Dakota National Guard is
subject to this title and
all orders authorized by this title and rules promulgated pursuant to
this title in accordance with
the provisions of
chapter 1-26
, and in
. In
all matters not specifically covered
thereby it shall be
by
this title or by such orders or rules, the National Guard is
subject to the
applicable
regulations of
the Department of Defense governing the organized militia and the
national guard,
National Guard,
to
the Uniform Code of Military Justice,
the armed forces regulations, and such regulations and
orders as may be made and published in pursuance therewith
and to the applicable regulations of
the armed forces of the United States
.
Section
29.
That
§
33-3-13
be amended to read as follows:
33-3-13.
The adjutant general, by direction of the Governor, may cause members of the
national guard
National Guard
to perform any
lawful
military duty
, and he shall be
. The adjutant
general is
responsible to the Governor for the general efficiency of the
national guard
National
Guard
and for the drill, instruction, inspection, small arms and artillery practice, movements,
operations, and care of the troops.
Section
30.
That
§
33-3-21
be amended to read as follows:
33-3-21.
The commanding officer of any parade or drill of the
national guard
National Guard
,
and the officer in charge of any rendezvous or camp, may cause the
ground
area
selected for that
purpose to be marked and designated in such manner as not unnecessarily to obstruct travel on any
public highway
; and if
. If
any person, during the occupation of
such ground
the area
for military
purposes,
shall encroach upon such bounds or enter upon such ground
enters the designated area
without the permission of
such officer, he
the officer, the person
may be arrested and kept under
guard by
the
order of
such
the
officer until
the setting of the sun of the same day, or for
such
reasonable time as
may be
necessary to procure
his
the person's
arrest by the civil authorities. Any
such offender is also guilty of a Class 2 misdemeanor.
Section
31.
That
§
33-3-22
be amended to read as follows:
33-3-22.
If any person
shall intercept, molest, insult, or abuse
intercepts, molests, insults, or
abuses
any officer or enlisted
man of the national guard
member of the National Guard
while in
the performance of
his
the member's
military duty,
he
the person
may be immediately arrested and
kept confined, in the discretion of the commanding officer of the force engaged in such duty, until
the setting of the sun
sunset
of the same day on which the offense
shall have been
is
committed,
or for such reasonable time as may be necessary to procure
his
the person's
arrest by the civil
authorities. Any such offender is also guilty of a Class 1 misdemeanor.
Section
32.
That
§
33-3-23
be amended to read as follows:
33-3-23.
To accustom the national guard troops to the use of their arms, target practice must
be encouraged.
The Governor
shall
may
order
such
target
practice as the allowance of ammunition
will permit and
he
shall offer suitable medals, badges, or trophies, to be inscribed and given in the
name of the state, to the persons and organizations who, upon competition,
shall
show their
superior attainments as marksmen. The provisions of this section shall be carried out under orders
and regulations issued by the Governor.
Section
34.
That
§
33-4-1
be amended to read as follows:
33-4-1.
All officers of the
national guard
National Guard
shall be commissioned by the
Governor,
in his
at the Governor's
discretion, upon the recommendation of the adjutant general
,
but no one shall be commissioned unless he has been selected from the classes as provided in § 33-
4-3 and has successfully passed the test as prescribed by the President of the United States as to
his physical, moral, and professional fitness, and no one shall be commissioned unless the
conditions set forth in §§ 33-4-2 to 33-4-6, inclusive, have been complied with, and no one shall
.
However, no person may be commissioned as an officer unless the person has been examined and
adjudged qualified to be an officer by an examining board. The composition, appointment, and
examining procedure of the board and the nature and scope of the examinations shall be prescribed
by federal law or regulation or by rules promulgated by the adjutant general pursuant to chapter
1-26, as the circumstance dictates. No person may
be recognized as an officer unless
he shall have
the person has
been duly commissioned and
shall have
has
taken the oath of office as prescribed
in § 33-4-9.
Section
35.
That
§
33-4-2
be amended to read as follows:
33-4-2.
Commissioned officers of the national guard must be citizens
Any commissioned
officer of the National Guard shall be a citizen
of the United States and
of this state, and meet
be
either a qualified resident of this state or a nonresident who is accepted into service of the South
Dakota National Guard. Any commissioned officer shall further meet
the qualifications prescribed
by
the United States Code
federal law and the regulations of the Department of Defense
. No person
who has been expelled
or dishonorably discharged from the Army
from or has received a less than
honorable discharge from any branch of the armed forces
of the United States or from any military
organization of any state
shall
may
be commissioned.
Section
36.
That
§
33-4-3
be repealed.
Section
37.
That
§
33-4-4
be repealed.
Section
38.
That
§
33-4-5
be amended to read as follows:
33-4-5.
No person shall be commissioned as an officer of the national guard unless he shall
possess the additional requirements prescribed in this section or § 33-4-6 for the particular office
to which he is to be commissioned. A colonel of a regiment, at the time of his appointment, must
either be an officer in active service in the national guard of this state and for three successive years
immediately preceding his appointment must have been in active service in such national guard
as a commissioned officer, or, if not in active service at the time of his appointment, must have had
prior service of at least six years in the national guard of this state or in the armed forces of the
United States, or in both combined, as a commissioned officer. A lieutenant colonel or major of
the line, at the time of his appointment, must either be an officer in active service, or for two
successive years immediately preceding his appointment must have been in active service in the
national guard of this state as a commissioned officer, or if not in active service at the time of his
appointment must have had prior service of at least six years in the national guard of this state, or
in the armed forces of the United States, or in both combined, as a commissioned officer. All staff
officers, except medical officers and chaplains, must have served one year immediately preceding
their appointment in the national guard of this state
Except as specifically excluded by statute or
military regulation, any person commissioned as an officer in the National Guard shall meet the
requirements for federal recognition and appointment to the identical rank and position in the
National Guard as is required for persons serving on active duty in the armed forces
.
Section
39.
That
§
33-4-6
be repealed.
Section
41.
That
§
33-4-8
be amended to read as follows:
33-4-8.
When
If
the Governor desires to create a new organization of the
national guard he
shall have the power in the first instance to
National Guard, the Governor may
appoint all the
officers necessary to commence and complete
such
the
organization.
Section
42.
That
§
33-4-10
be amended to read as follows:
33-4-10.
The Governor shall issue commissions to all officers of the
national guard
National
Guard
appointed by
him
the Governor
. Every commission shall be signed by the Governor and
attested by the adjutant general. Each officer so commissioned shall take and file with the adjutant
general the oath of office prescribed in § 33-4-9.
Section
43.
That
§
33-4-11
be repealed.
Section
44.
That
§
33-4-12
be amended to read as follows:
33-4-12.
The Governor may appoint and detail a board to be known as the Board of Examiners
for the purpose of determining the fitness of officers of the
national guard
National Guard
and
applicants for office, and for promotion of officers.
Such
The
board shall promulgate rules
pursuant to chapter 1-26 governing
their
its
procedure
; provided such rules shall conform to and
comply with the rules and regulations issued by the secretary of defense
.
Section
45.
That
§
33-4-13
be repealed.
Section
46.
That
§
33-4-14
be repealed.
Section
47.
That
§
33-4-15
be repealed.
Section
48.
That
§
33-4-16
be repealed.
Section
49.
That
§
33-4-17
be repealed.
Section
50.
That
§
33-4-18
be repealed.
Section
51.
That
§
33-4-19
be amended to read as follows:
33-4-19.
No state funds
shall
may
be used for the purchase of uniforms or equipment of
officers of the
national guard, except that
National Guard. However,
such equipment may be issued
by the quartermaster general upon the approval of the Governor.
Section
52.
That
§
33-5-1
be amended to read as follows:
33-5-1.
Any person who is a citizen of the United States, or has declared
his
the
intention to
become a citizen, who is within the age limits currently authorized by the Department of Defense
for enlistment in the active components of the United States armed forces,
able bodied, free from
disease, of good character and temperate habits,
may be enlisted in the
national guard of this state
South Dakota National Guard
under the restrictions of this
chapter, and the
title. The
qualifications
and procedures for enlistment
shall be
are
the same as those prescribed for admission to the reserve
components of the armed forces of the United States.
Section
53.
That
§
33-5-3
be repealed.
Section 54. That § 33-5-5 be repealed.
Section
56.
That
§
33-5-10
be amended to read as follows:
33-5-10.
When a soldier of the national guard changes his
If a member of the National Guard
changes primary
residence within the state,
he
the member
may be transferred to a unit of the
national guard
National Guard
located at the place of
his new
the new primary
residence.
When
If
there is no organization of the
national guard located at his
National Guard located within fifty
miles of the member's
new
primary
residence
or if no unit vacancy exists in a National Guard unit
located within fifty miles of the new primary residence
,
a soldier
the member
may be
furloughed
to the national guard
transferred to the inactive National Guard or individual ready
reserve by order
of the Governor.
Section
57.
That
§
33-5-11
be amended to read as follows:
33-5-11.
In time of peace
an enlisted man shall not
, no enlisted member of the National Guard
may
be discharged before the expiration of
his
the member's
period of enlistment, except:
Section
59.
That
§
33-5-13
be repealed.
Section
60.
That
§
33-5-14
be repealed.
Section
61.
That
§
33-5-15
be repealed.
Section
62.
That
§
33-5-16
be repealed.
Section
63.
That
§
33-5-17
be amended to read as follows:
33-5-17.
All discharges from the
national guard shall be
National Guard are
subject to the
provisions of this title,
and such as may hereafter be established by the regulations of the United
States armed forces and by the rules and regulations adopted by the secretary of defense and by
the
applicable provisions of federal law, and
the rules promulgated
by the adjutant general
pursuant
to chapter 1-26.
Section
64.
That
§
33-6-2
be amended to read as follows:
33-6-2.
No
persons
person
belonging to the military forces
shall
may
be arrested on any civil
process while going to, remaining at, or returning from any
place at which he may be
drill or
annual training that the member is
required to attend for
military
duty.
Section
65.
That
§
33-6-3
be amended to read as follows:
Section
66.
That
§
33-6-4
be amended to read as follows:
33-6-4.
When
If
a
civil
suit or
civil
proceedings
shall be
are
commenced in any court by any
person against any
officer of the national guard of this state
member of the South Dakota National
Guard
for any act done by
such officer in his
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
such
officer
the member
, or by virtue of any warrant issued by
him
the member
pursuant to law, the
judge advocate general, or some other officer designated by the Governor, shall appear for
him
the
member
, and the plaintiff in
such
the
suit may be required to file security for the payment of the
costs that may be incurred by the defendant in
such
the
suit or proceedings.
In case
If
the plaintiff
shall be
is
nonsuited or
have
if
a verdict or judgment
is
rendered against
him
the plaintiff
, the
defendant shall recover double costs and such attorney fees as the court
shall allow, which
allows.
The
fees shall in the first instance be paid by the state and refunded by the defendant upon
collection of the judgment.
Section
67.
That
§
33-7-6
be amended to read as follows:
33-7-6.
The adjutant general, subject to the approval of the Governor, may issue state
transportation to officers of the national guard for the use of schools of instruction, boards of
survey and examination, the annual convention of the officers of the national guard, and the
adjutants general; for tours of inspection and instruction; and for the use of the members of the
national guard when traveling solely on military business. Officers and members of the national
guard shall be allowed free transportation for themselves and all necessary equipment and the
property of the federal government and the state, going to and returning from any service
authorized or directed by law, their subsistence in kind or commutation therefor and their quarters,
tents, and camp equipment; and the adjutant general and the officers of his department shall at all
times be prepared to furnish such things as may be required by order of the Governor, and all
officers and men performing military service for the state shall be entitled to their necessary
expenses pursuant to § 3-9-2, unless otherwise ordered by the Governor.
Any member of the
National Guard performing state active duty shall be reimbursed for all necessary expenses
pursuant to
§
3-9-2. For purposes of this section, necessary expenses include costs of transportation
to and from a duty location as directed, subsistence, quarters, and uniform maintenance or
replacement.
Section
68.
That
§
33-7-7
be amended to read as follows:
33-7-7.
Every officer or soldier of the national guard wounded or disabled while in active
service of the state, or who becomes ill while in such service, shall be taken care of and provided
for at the expense of the state until he shall have recovered.
Any member of the National Guard
who is temporarily injured or who becomes temporarily ill while serving on state active duty shall
receive medical care at the expense of the state until cleared to return to the member's regular
employment by a medical review board appointed by the adjutant general. The injured or ill
member shall remain on state active duty and shall receive full pay and allowances until released
by the board.
Section
69.
That
§
33-7-8
be repealed.
Section
70.
That
§
33-7-9
be repealed.
Section
71.
That
§
33-7-10
be repealed.
Section
72.
That
§
33-8-2
be repealed.
Section
73.
That
§
33-8-3
be repealed.
Section
74.
That
§
33-8-4
be repealed.
Section
75.
That
§
33-8-5
be amended to read as follows:
33-8-5.
Whoever shall
Any person who
intentionally, or through negligence,
injure or destroy
any uniforms
injures or destroys any uniform
or other property provided for in
§§ 33-8-1 and 33-8-
2
§
33-8-1
and who
shall refuse or neglect
refuses or neglects
to make good such injury or loss,
or who
shall sell or dispose of the same, shall upon conviction thereof be
sells or disposes of the
uniform or property, is
guilty of a Class 2 misdemeanor.
Section
76.
That
§
33-8-8
be amended to read as follows:
33-8-8.
Whoever shall wear or use
Any person who wears or uses
, except in the discharge of
military duty or by special permission of
his
the person's
commanding officer, any uniform or other
military property, commits a petty offense.
Section
77.
That
§
33-8-9
be repealed.
Section
78.
That
§
33-9-2
be amended to read as follows:
33-9-2.
If the Governor
be
is
absent or cannot be immediately communicated with, any civil
officer named in § 33-9-1 may, if
he
the civil officer
deems the occasion sufficiently urgent,
make
such application, which shall be
apply electronically, telephonically, or
in writing
,
to the
commanding officer of any
company, battalion, or regiment of the national guard
unit of the
National Guard
, who may, upon approval
of
by
the adjutant general, if the danger
be
is
great and
imminent, order out
his command to the order
of
the unit
such
South Dakota National Guard
members as the commanding officer deems necessary to the assistance of the
civil officer.
Section
79.
That
§
33-9-3
be amended to read as follows:
33-9-3.
An
Any
order pursuant to § 33-9-1 or 33-9-2 shall be delivered to the commanding
officer and
by him
immediately communicated
to each and every
by the commanding officer to
each
subordinate officer
, and every
. Each
company commander receiving the
same
order
shall
immediately communicate the substance
thereof
of the order
to each member of the company
, or
if
being called to duty. If
any such member cannot be found
,
a notice in writing containing the
substance of
such
the
order shall be left at the last and usual place of residence of
such
the
member
with some person of suitable age and discretion, to whom its contents shall be explained.
Section
80.
That
§
33-9-4
be amended to read as follows:
33-9-4.
If any company commander or commissioned officer of the
national guard receiving
National Guard who receives
the order provided for in § 33-9-3
shall fail
fails
to give such notice
or
fail
fails
to appear at the time and place ordered, prepared for duty,
he
the commander or officer
shall be cashiered and
shall
be further punished by fine and imprisonment as
a court-martial may
adjudge
adjudged by a court martial or by other disciplinary action
.
Section
81.
That
§
33-9-5
be amended to read as follows:
33-9-5.
If any enlisted
man of the national guard
member of the National Guard
, after being
duly notified pursuant to § 33-9-3,
shall refuse or neglect
refuses or neglects
to appear at the time
and place of rendezvous, properly prepared for duty, or
fail
fails
to obey any order issued in such
case,
he shall be
the member is
deemed a deserter and is guilty of a Class 2 misdemeanor.
Section
82.
That
§
33-9-6
be amended to read as follows:
33-9-6.
Notwithstanding §§ 33-9-4 and 33-9-5, physical
Physical
incapacity to perform military
service, dangerous sickness in the family of any officer or enlisted
man
member
referred to in
said
sections
§
§
33-9-4 and 33-9-5
, or absence at the time
such
the
notice was served
excuses the
member from fault under
§
§
33-9-4 and 33-9-5
,
when such
if the
absence was not intended to
avoid such notice or service, and
when he shall join
if the officer or member joins the unit
for duty
on
his
the officer' or member's
return, if
his command
the unit
is still in service
, shall excuse such
fault
.
Section
83.
That
§
33-9-8
be amended to read as follows:
33-9-8.
Whenever an
An
armed force
shall
may
be called out
in the event of
to respond to
public disaster resulting from flood, conflagration, or tornado, or for the purpose of suppressing
any tumult or riot, or
for the purpose of
dispersing any
body of men
group of persons that is
acting
together by force
,
with intent to commit any felony or to offer violence to persons or property, or
that is acting
with intent by force or violence to resist or oppose the execution of the laws of this
state
, such armed force, when they shall arrive
. Upon arrival
at the place of such unlawful, riotous,
or tumultuous assembly,
the armed force
shall obey
such
any
orders
by the Governor
for
suppressing
such
the
riot or tumult or for dispersing and arresting all persons who are committing
any
of
such offenses
as they may have received from the Governor, or
. The armed force shall also
obey any such orders
from any judge of a court of record, or from the sheriff of the county, and
also
such
any
further orders
as they there shall receive
for such purposes
from any two of the
magistrates or other officers mentioned in this section.
Section
84.
That
§
33-9-9
be amended to read as follows:
33-9-9.
If
by reason of any of
the efforts made
by
pursuant to
§
33-9-8 by, or at the direction
of,
any of the magistrates or officers mentioned in § 33-9-8
, or by their direction,
to disperse
such
any
unlawful, riotous, or tumultuous assembly, or to seize and secure the persons
composing the
same who
who have assembled and
have refused to disperse, though the number remaining may
be less than twelve,
cause
any such person or other persons
then
present as spectators or otherwise
shall
to
be killed or wounded, such magistrates and officers, and all persons acting by their order
and under their direction,
shall be
are
held guiltless and fully justified in law
, and if
. If
any of such
magistrates or officers or any persons acting by their order or under their direction
shall be
are
killed or wounded,
all the persons so
any person who is
unlawfully, riotously, and tumultuously
assembled
shall be answerable therefor
is answerable for the death or injury in a court of law
.
Section
85.
That
§
33-9-10
be amended to read as follows:
33-9-10.
The commanding officer and members of any of the military forces engaged in the
suppression of an insurrection, the dispersion of a mob, or the enforcement of the laws,
shall
have
the same immunity as
peace
law enforcement
officers.
Section
86.
That
§
33-10-1
be amended to read as follows:
Section
87.
That
§
33-10-3
be amended to read as follows:
33-10-3.
In the national guard,
The commanding officer of any National Guard unit
not in the
service of the United States
, the commanding officer of each garrison, fort, post, camp, brigade,
regiment, wing, group, battalion, or other detached command,
may convene special or summary
courts-martial for
such command
the unit
if
such command calls for
the unit commander is
required to be
an officer of the rank of at least lieutenant colonel and if the convening authority
holds the rank of lieutenant colonel or higher. However, such courts-martial may in any case be
convened by superior authority. Special or summary courts-martial may try any member of the
national guard
National Guard
not in the service of the United States, except a commissioned
officer. The special or summary courts-martial
shall
have the same powers of punishment as do
general courts-martial, except as limited by the Uniform Code of Military Justice in effect on
January 1,
1990
2007
, and the South Dakota manual for courts-martial. No special court-martial
may
impose a fine of more than one hundred dollars for a single offense or
impose a dishonorable
discharge. No summary court-martial may
impose a fine of more than twenty-five dollars for a
single offense or
discharge or dismiss any member from the
national guard
National Guard
.
Section
88.
That
§
33-10-4
be amended to read as follows:
33-10-4.
All courts-martial of the national guard, not in the service of the United States,
including summary courts,
shall have power to
may
sentence to confinement in lieu of fines
authorized to be imposed.
Such
No such
sentence of confinement
shall not
may
exceed one day
for each dollar of fine authorized.
Section
89.
That
§
33-10-5
be amended to read as follows:
33-10-5.
The constitution and jurisdiction of courts-martial, the form and manner in which the
proceedings of military courts
shall be
are
conducted and recorded, the forms of oaths and
affirmations taken in the administration of military law by such courts, and the limits of
punishment and the proceedings in revision
shall be
are
governed by the Uniform Code of Military
Justice, 10 U.S.C. § 801 et seq., in effect on January 1,
1990, the manual for courts-martial of the
United States in effect on January 1, 1990
2007
, and the South Dakota manual for courts-martial
established by executive order of the Governor
.
Section
90.
That
§
33-10-6
be amended to read as follows:
33-10-6.
The articles of the Uniform Code of Military Justice
, in effect on January 1, 2007,
and
the manual for courts-martial of the United States, in effect on January 1,
1990
2007
, governing
the armed forces of the United States, so far as they are compatible with the provisions of this
chapter and the South Dakota manual for courts-martial, are adopted for the government of the
national guard
National Guard
and militia of this state.
Section
91.
That
§
33-10-7
be amended to read as follows:
33-10-7.
Commanding officers of the
national guard
National Guard
may impose nonjudicial
punishment as provided in the Uniform Code of Military Justice of the United States in effect on
January 1,
1990
2007
, and the South Dakota manual for courts-martial.
33-10-10.
The warrant authorized by § 33-10-9 shall be directed to the sheriff or any constable
or marshal of
any such
the
county, or the officer attending the court, and shall set forth the
circumstances of the offense adjudged to have been committed
, and
. The warrant
shall command
the officer to whom it is directed to
take the body of such person and commit him to the jail of the
county, there to
commit the offender to the county jail. The offender shall
remain without bail and
in close confinement for a limited time, not to exceed three days, and until the officer's fees for
committing and the jailer's fees
be
are
paid.
Such
The
sheriff shall obey the warrant and keep the
person as directed, unless
he
the person
is discharged by a judge of a court of record in the same
manner and under the same rules as in cases of imprisonment under process of contempt from a
court of competent jurisdiction.
Section
93.
That
§
33-10-11
be amended to read as follows:
33-10-11.
No sentence of dismissal from the service or dishonorable discharge, imposed by
a
national guard
National Guard
court-martial, not in the service of the United States,
shall
may
be executed until approved by the Governor
of the state
.
Section
94.
That
§
33-10-12
be amended to read as follows:
33-10-12.
A military court sitting in any county shall be attended by the
county
sheriff
of the
same
, or some suitable person designated by
him
the sheriff
, who shall be the marshal of the court
and perform the usual duties of such marshals
, and
. The marshal shall
execute any process lawfully
issued by
such
the
court and perform all acts and duties by this chapter imposed on
,
and authorized
to be performed by any sheriff, marshal, or constable
; and the
. The
officer ordering the court shall
furnish a copy of
his
the
order to the sheriff of the county where the court is directed to meet
,
which
. The
order
shall be
constitutes
notice to the sheriff to appear or designate someone as
marshal of the court.
Section
95.
That
§
33-10-14
be amended to read as follows:
33-10-14.
Refusal or neglect
on the part of
by
the sheriff or marshal to execute any warrant
required in § 33-10-12 or
make
to
return and pay
over
all the money collected as fines
, shall
subject the officer so offending
subjects the offending sheriff or marshal
to double the amount of
such fines and penalties. The conversion to
his own
personal
use of moneys so collected by any
sheriff or marshal
shall be deemed
is
theft
,
and
punished
shall be prosecuted
as such in any court
of the state having jurisdiction in such cases.
Section
96.
That
§
33-10-15
be amended to read as follows:
33-10-15.
For the purpose of collecting fines imposed by courts-martial, the president of the
court shall
,
within twenty days after the proceedings of the court have been approved, make a list
of all persons fined, describing them distinctly
,
and
showing the fine imposed on each person and
not paid.
He
The president of the court
shall then draw
his
an
official warrant, directed to the
sheriff of the county or the marshal of the court, commanding
him
the sheriff or marshal
to levy
such
a
fine, together with the costs, on the goods and chattels of the delinquent as provided by
chapter 15-19.
Such fines when collected shall be deposited by the adjutant general
The adjutant
general shall deposit the fine
in the special militia fund.
Section
97.
That
§
33-10-16
be amended to read as follows:
33-10-16.
No action
shall
may
be maintained against any member of a military court on
account of the imposition of a fine or penalty, or for the execution of a sentence on any person, if
such person shall have
the person has
been returned as delinquent and duly summoned before
such
the
court, or
shall have
has
appeared before
such
the
court to answer the charge made against
him
the person
.
Section
98.
That
§
33-10-18
be amended to read as follows:
33-10-18.
The commanding officer at any encampment, parade, drill, muster,
annual training,
or other rendezvous of the
national guard may cause those under his command
National Guard may
order subordinates
to perform any
lawful
military duty
he may require, and
. The commanding
officer
may place in arrest during the time of such meeting, and confine under guard, if necessary,
any officer or enlisted
man who shall disobey the orders of his
member who disobeys the orders
of a
superior officer or in any way
interrupt
interrupts
the
training or
exercises
, and
. The
commanding officer
may remove any other person
or persons who shall trespass
who trespasses
on the parade ground or armory, or in any way
interrupt
interrupts
the orderly discharge of duty of
those under arms
any National Guard member
.
Section
99.
That
§
33-11-1
be amended to read as follows:
33-11-1.
The
commanding officer of each company, troop, or battery of the national guard, and
the treasurer of each regimental band,
adjutant general
shall provide
a
suitable
room or rooms
space
, at a convenient
place in the municipality where such organization is located or
location
where any unit of the National Guard is
stationed, with the necessary
furniture, fuel, light, drawers,
lockers, closets, and gun racks,
furnishings, equipment, and supplies
for an armory, assembly, drill
room, garages, and maintenance shops for
such
the
organization
; and such
. The
buildings
, room,
or rooms shall be
and space are
under the exclusive control of the
unit's
commanding officer. There
shall be paid out of the military appropriation
such sum as shall be
a sum
deemed necessary on the
contract made by the adjutant general for the rent and furnishing of
such
the
armory, garages,
maintenance shops, or band quarters of each organization of the
national guard
National Guard
,
to be paid by the state.
Section
100.
That
§
33-11-2
be amended to read as follows:
33-11-2.
The Department of Military and Veterans Affairs
is hereby empowered and directed
to
shall
erect or provide anywhere within the limits of this state, upon
such
terms and conditions
as shall be decided upon
determined
by the Board of Military Affairs created by § 33-1-17 as most
advantageous to the state, armories and other facilities for the use of the
national guard, which
National Guard. The
armories and other facilities shall be used for drill, meeting, and rendezvous
purposes by the
organization
unit
occupying
the same, and
them and for
such other public
functions as the officers in charge of
such
the
armory or facility
may
deem advisable and proper
,
and which
. The armories and other facilities, if not in use by the National Guard,
shall also be open
for meetings and functions of organizations of war veterans
,
and their auxiliary organizations.
Section
101.
That
§
33-11-4
be amended to read as follows:
33-11-4.
The buildings referred to in § 33-11-3 shall be
such as are
suitable for use as armories
or other facilities by
and for the national guard and to be used as such; and
the National Guard. The
buildings
shall
also
be suitable for use by
the
a
cooperating public corporation or
corporations or
agencies
agency
for the same
purpose
purposes
as a building
or buildings which such corporation
or corporations or agencies are
that the corporation or agency is
authorized by law to construct for
its own exclusive use
,
and shall be used for such
purpose or
purposes.
Section
102.
That
§
33-11-6
be amended to read as follows:
33-11-6.
The Department of Military and Veterans Affairs
shall also have the power to
may
receive from counties, municipalities, or other sources, donations of land or contributions of
money, buildings, or other property
,
to aid in providing or erecting armories and other facilities
throughout the state for the use of the
national guard and which
National Guard. The property
shall
be held as other property for the use of the state.
Section
103.
That
§
33-11-7
be amended to read as follows:
33-11-7.
Counties or municipalities
are hereby authorized to make contributions of
may
contribute
land, money, buildings, or other property for the purposes of this chapter
, and each
.
Any
first or second class municipality
of the state is hereby authorized and empowered to
may
levy
a tax upon all property
therein
within the municipality
subject to taxation to raise the necessary
money for
such
an
armory building or other facility and site
; provided that
. However,
no money
shall
may
be donated or tax levied until the
same
donation or levy
is authorized by a vote of a
majority of the electors in
such
the
municipality at an election called for that purpose.
Section
104.
That
§
33-11-8
be amended to read as follows:
33-11-8.
The Department of Military and Veterans Affairs
is authorized and directed
shall
,
upon donation of a proper site by any county or municipality,
to
erect for the use of
a company,
battery, troop, battalion, or regimental organization of the national guard
any unit of the National
Guard
, and other organizations and public functions as specified in § 33-11-2
,
an armory to be used
for meeting, rendezvous, drill, and other purposes in compliance with this chapter
, and in which
shall be stored the ordnance stores and quartermaster stores and other property issued to the
organization occupying such armory
.
Section
105.
That
§
33-11-9
be amended to read as follows:
33-11-9.
When any armory is erected or provided pursuant to § 33-11-8, the
The
Department
of Military and Veterans Affairs
shall have charge thereof and
has charge of any armory erected
or provided pursuant to
§
33-11-8 and shall
arrange for its occupancy and use under the direction
and responsibility of the senior officer in command
of such company, battery, troop, battalion, or
regimental organization
.
Section
106.
That
§
33-11-10
be amended to read as follows:
33-11-10.
The Board of Military Affairs
shall also constitute
also constitutes
a board for
general management and care of armories
when established
. The board may promulgate rules
pursuant to the provisions of chapter 1-26 for armory management and government and to provide
for the guidance of the organization occupying them
as may be necessary and desirable, such rules
to
. The rules, in accordance with federal law and regulation, shall
provide:
Section
108.
That
§
33-12-2
be amended to read as follows:
33-12-2.
As quartermaster general, the adjutant general may require
his assistants
any duly
appointed assistant
, who shall be
members
a member
of the
national guard
National Guard
, to give
bonds
a bond
with sufficient
sureties
surety,
in
such
an amount
as he shall deem
the quartermaster
general deems
sufficient, to the state
,
. The bond shall be
conditioned for the faithful performance
of
their
duty
, such bonds to
and shall
be approved by
him
the quartermaster general
, recorded in
the Office of the Secretary of State
,
and filed with the state treasurer.
Section
109.
That
§
33-12-4
be amended to read as follows:
33-12-4.
The adjutant general
shall be
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
may direct;
he shall also have
directs. The adjutant general also has
charge of all regimental flags and colors
of the militia of the state when not in use.
Section
110.
That
§
33-12-5
be amended to read as follows:
33-12-5.
The adjutant general
shall have
has
supervision of and
be
is
responsible for all the
arms, ordnance, accouterments, equipment, and other military property
which may be
that is
issued
to the state by the secretary of defense in compliance with law
; and it shall be his duty to
. 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.
Section
111.
That
§
33-12-6
be amended to read as follows:
33-12-6.
The adjutant general shall issue
such
military property as the Governor
shall direct
directs
and under
his
the Governor's
direction
shall
make purchases for that purpose.
No military
Military
property
shall
may only
be issued to persons or organizations
other than those
belonging
to the organized militia
except to such portions of the national guard reserve as may be called out
by the Governor
.
Section
112.
That
§
33-12-7
be amended to read as follows:
33-12-7.
The adjutant general shall upon order of the Governor turn in to the armed forces of
the United States
the rifles, bayonets, bayonet scabbards, gun slings, belts, and such other
necessary accouterments and equipment,
any weapons, equipment, and accouterments that are
the
property of the United States in possession of the state,
which may be replaced, from time to time,
and that are to be replaced
by new
arms or equipment
weapons, equipment and accouterments
sent
by the United States
in substitution therefor, and
. The adjutant general shall
cause the
same
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.
And when the
national guard of the state shall be
If the South Dakota National Guard is
fully armed and equipped
with standard
weapons,
equipment
,
and accouterments of the United States armed forces,
he
the
adjutant general
shall cause
any
remaining
arms or equipment,
weapons, equipment, and
accouterments that are
the property of the United States and in possession of the state, to be
transferred and shipped, as
above
directed
in this section
, under instructions from the secretary of
defense.
33-12-8.
All
Any
military property of the state which, after a proper inspection,
shall be
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
, after suitable advertisement of
. 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
such
the
sale is to
take place,
when
if
so ordered by the Governor.
He
The quartermaster general
shall bid in the
property or suspend the sale
whenever, in his
if, in the quartermaster general's
opinion, better
prices may or should be obtained.
He shall, from time to time,
The quartermaster general shall
periodically
render to the Governor
a just and true
an accurate
account of the sales so made and
deposit the proceeds with the state treasurer to the credit of the special militia fund.
Section
114.
That
§
33-12-9
be amended to read as follows:
33-12-9.
The commanding officer
for the time being
of any unit of the National Guard
is the
legal custodian of the money, property, and effects of
any company, band, regiment, or brigade of
the national guard
the unit
, whether
such
the
property is owned by
such company, band, regiment,
or brigade
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
, and
. The commanding officer
may sue
for the recovery and possession of
the same, whenever
any such property that is
wrongfully
withheld from
his
the commanding officer's
custody or the custody of the
company, band,
regiment, or brigade
unit
.
Section
115.
That
§
33-12-10
be amended to read as follows:
33-12-10.
Every officer or other person having custody or control of the military property of
the United States or of the state
,
shall
from time to time
periodically
make a return of the
same in
such
property on a
form and to
such
the appropriate
department as
the law and the rules and
regulations may require
required by law
.
Section
116.
That
§
33-12-11
be amended to read as follows:
33-12-11.
Whenever any national guard
If any National Guard
officer responsible for state
property
shall resign, be promoted
resigns or is reassigned
, dismissed, or discharged,
he
the officer
shall deliver the
quartermaster and ordnance stores in his
property in the officer's
possession, for
which
he
only
the officer
is responsible, to the quartermaster general, or to some person duly
appointed to receive the
same, who shall give such bond for its safekeeping while in his possession
as the Governor may direct, and take duplicate receipts therefor, one of which he shall file with the
quartermaster general. A discharge shall not be issued until such officer has received certificate
of nonindebtedness from the quartermaster general. His successor in office shall, before receiving
such property, execute and file a bond as provided in § 33-12-13
property
.
Section
117.
That
§
33-12-12
be amended to read as follows:
33-12-12.
In case of the death of any officer of the
national guard
National Guard
responsible
for state property the next in command shall immediately take charge of
such quartermaster and
ordnance stores and supplies and deliver the same
the property and deliver it
to the quartermaster
general or some person appointed to receive the
same; or, if commissioned in place of such
decedent, he shall execute and file a like bond, and give duplicate receipts therefor, one of which
he shall file as provided by § 33-12-13
property
.
Section
118.
That
§
33-12-13
be repealed.
Section
119.
That
§
33-12-14
be repealed.
Section
121.
That
§
33-12-16
be amended to read as follows:
33-12-16.
All military supplies issued to any officer of the
national guard shall be
National
Guard are
at all times subject to inspection by
the inspector general, chief of ordnance, or
any
officer designated by the Governor for that purpose, who shall report the true condition
thereof
of
the supplies
. The Governor may at any time require repairs to be made or defects or losses
supplied.
Section
122.
That
§
33-12-17
be amended to read as follows:
33-12-17.
The clothing, arms, military outfits, accouterments, and stores furnished by the State
of South Dakota or the United States to the
national guard shall
National Guard may
not be sold,
bartered, exchanged, pledged,
loaned,
or given away, and the possession of any such property by
any person not a member of the
guard shall be
National Guard is
prima facie evidence of such sale,
barter, exchange, pledge,
loan,
or theft.
Such
The
property may be seized and taken from any
person not authorized to keep the
same,
property
by any soldier, officer, civil or military, of the
state
, and shall thereupon
. The property shall then
be delivered to any officer of the state
authorized to receive the
same
property
.
Section
123.
That
§
33-12-18
be amended to read as follows:
33-12-18.
All the
Any
property of the state that
may be
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
, and if
. 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
such
the
person shall pay the sum so assessed into the
treasury of the state.
And in the event of such person's failure or neglect
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
same, under rules promulgated pursuant to chapter
1-26
value of the property
.
Section
124.
That
§
33-12-19
be amended to read as follows:
33-12-19.
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; which
National Guard. The
board, after reasonable notice to
him
the
officer
and hearing
his
the officer's
explanations or objections, shall appraise the
same
property
and
make
a
report
, and the
. The
amount so appraised,
when
if
approved by the Governor,
shall be
is
conclusively deemed the amount of
such
the
officer's liability
on his bond therefor up to the date
of such report; and he shall be compelled to pay the same
. The officer shall pay the amount
into
the state treasury,
such payments to be placed by the state treasurer
and the payments shall be
deposited
in a special fund
to be
known as the lost military property fund
, which fund shall at all
times be available
. 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.
Section
125.
That
§
33-12-20
be amended to read as follows:
33-12-20.
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
, but if
. However, if
any such stores or property belonging to the state
shall be
are
lost,
destroyed, or damaged without the fault or neglect of the officer responsible for the
same, such
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
therefor
for the stores or property
.
Section
126.
That
§
33-12-21
be amended to read as follows:
33-12-21.
All property belonging to any organization of the
national guard shall be
National
Guard is
exempt from taxation or assessment for any purpose
whatever
.
Section
127.
That
§
33-12-23
be amended to read as follows:
33-12-23.
Every
Any unauthorized
person who enters any fort, magazine, arsenal, armory,
arsenal yard, or encampment, and
seizes or takes away
removes
any arms, ammunition, military
stores, or supplies belonging to the
people of this state, and every
National Guard, and any
unauthorized
person who enters any such place with intent to
do so
remove such property
, is guilty
of a Class 4 felony.
Section
128.
That
§
33-12-24
be amended to read as follows:
33-12-24.
No officer of the
national guard
National Guard
, except the adjutant general,
shall
may
incur any expenses
whatsoever
to be paid by the state, except
such as
expenses that
are
authorized by this title.
Section
129.
That
§
33-12-25
be amended to read as follows:
33-12-25.
The adjutant general shall keep
a just and true
an accurate
account of all
expenditures necessarily made for the military service of the state
and such accounts
. The account
shall be paid on proper vouchers
being
presented for the
same
account
and upon the approval of
the adjutant general from the appropriations made by the Legislature for military purposes
, except
as otherwise provided in this title
.
Section
130.
That
§
33-12-26
be amended to read as follows:
33-12-26.
The adjutant general shall keep
a just and true
an accurate
account of all expenses
necessarily incurred, including pay of officers and enlisted men, subsistence and transportation of
the
national guard
National Guard
and of all military property of the state
, and such
. The
expenses
shall be audited and paid in the same manner as other military accounts are audited and paid.
The
adjutant general and the officers of the national guard shall make such returns to the secretary of
defense, or to such officers as he may designate, at such times and in such forms as the secretary
of defense may from time to time prescribe.
Section
131.
That
§
33-12-27
be amended to read as follows:
33-12-27.
The adjutant general shall audit and pass upon all claims of military character against
the state, and no
military
contract
of a military nature
against the state
shall be
is
valid or
may be
paid until approved by
him
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
National Guard
, ordered into active service of the state, may
make purchases
of such
purchase
necessities
as are absolutely required
for the immediate use and care of
his
the
officer's
command
; a report of such action,
. A report of the purchases
containing a statement of the
articles purchased and the price
thereof, must be made forthwith
shall be made as soon as possible
through the proper channels to the adjutant general
, and upon approval thereof,
. 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.
Section
132.
That
§
33-12-28
be amended to read as follows:
Section
133.
That
§
33-12-29
be amended to read as follows:
33-12-29.
Funds appropriated by the Legislature for the maintenance of the
national guard
National Guard
shall be known as the general militia fund. Expenditures from the general militia
fund
shall
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.
Section
134.
That
§
33-12-31
be amended to read as follows:
33-12-31.
The special militia fund
shall be
is
available for
national guard
National Guard
purposes only and
shall be
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
now or
hereafter may be
provided by law
, but shall
. However, such expenditures do
not come within any
restrictions governing payment of expenses incurred in a previous year
, it being the intent to permit
the application of the
. The
special militia fund
may be used
to
the
discharge
of
any just or lawful
debt properly contracted for
national guard
National Guard
purposes, whether of the ensuing or
previous fiscal years.
Section
135.
That
§
33-12-33
be amended to read as follows:
33-12-33.
In case any organization of the national guard shall erect or purchase
If any
organization of the National Guard erects or purchases
an armory or assembly room, the annual
rent of the
same
armory or assembly room
as authorized by this title, or allowed by the Governor,
shall be paid into the treasury of
such
the
organization.
Section
136.
That
§
33-13-7
be amended to read as follows:
33-13-7.
Any civilian technician of the South Dakota Army or Air National Guard who is paid
entirely from federal funds
shall be entitled to
may
authorize the federal disbursing officer to
withhold sums of money from the pay of
said
the
employee and to pay the
same
money
to the State
of South Dakota or to the person or organization designated by the employee for the purpose of
paying the
employees
employee's
contribution to a retirement, disability, or death benefit plan.
Section
137.
That
§
33-13-8
be amended to read as follows:
33-13-8.
Section
Any payment made to the State of South Dakota pursuant to
§
33-13-7
shall
be
is
considered as state sponsorship, but the expenditure of any state funds in connection
herewith
with activities authorized by
§
33-13-7
is prohibited.
Section
138.
That
§
33-14-1
be amended to read as follows:
33-14-1.
The Governor
is hereby authorized, in his discretion, to
may
organize and maintain
within this state such military forces as
he may deem
the Governor deems
necessary to protect life
and property in this state. Such forces
shall be
are
additional to and distinct from the
national guard
National Guard
and
shall be
are
known as the South Dakota State Guard.
33-14-3.
For the use of the South Dakota State Guard, the Governor
is hereby authorized to
may
requisition from the Department of the Army
such
any
arms and equipment
as may be in
possession of and can be spared by the department of the army and to
that are available. The
Governor may
make available to
such forces
the South Dakota State Guard
the facilities of state
armories and their equipment and such other state premises and property as
may be
are
available.
Section
140.
That
§
33-14-4
be amended to read as follows:
33-14-4.
All appropriations made to the
national guard shall be
National Guard are
deemed to
have been appropriated to both the
national guard
National Guard
and the South Dakota State
Guard.
Section
141.
That
§
33-14-6
be amended to read as follows:
33-14-6.
The South Dakota State Guard
shall not be
is not
required to serve outside the
boundaries of this state except as provided by § 33-14-7.
Section
142.
That
§
33-14-7
be amended to read as follows:
33-14-7.
Any organization, unit, or detachment of the South Dakota State Guard, upon order
of the officer in immediate command
thereof
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
such
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
: provided, such
. However, no such pursuit beyond state borders may be
undertaken unless the
other state
shall have
has
given authority by law for such pursuit by
such
the
forces of this state. Any such person who
shall be
is
apprehended or captured in
such
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
he
the person
is taken or
to the United States
, but such
. However, such a
surrender
shall
does
not constitute a waiver by this
state of its right to extradite or prosecute
such
the
person for any crime committed in this state.
Section
143.
That
§
33-14-8
be amended to read as follows:
33-14-8.
No civil organization, society, club, post, order, fraternity, association, brotherhood,
body, union, league, or other combination of persons or civil group
shall
may
be enlisted in the
South Dakota State Guard as an organization or unit.
Section
144.
That
§
33-14-9
be amended to read as follows:
33-14-9.
No person
shall
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.
Section
145.
That
§
33-14-11
be amended to read as follows:
33-14-11.
No person
shall
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
such forces
the
South Dakota State Guard
shall be substantially in the form prescribed for enlisted
men of the
national guard
members of the National Guard
, substituting the words South Dakota State Guard
where necessary.
Section 146. That § 33-14-14 be amended to read as follows:
Section
147.
That
§
33-14-15
be amended to read as follows:
33-14-15.
Nothing in this chapter
shall be construed as authorizing
authorizes any part of
the
South Dakota State Guard
, or any part thereof
to be called, ordered
,
or in any manner drafted
,
as
such into the military service of the United States
, but no
. However, no
person
shall
by reason of
his
the person's
enlistment or commission in any such forces
may
be exempted from military
service under any law of the United States.
Section
148.
That
§
33-14-16
be amended to read as follows:
33-14-16.
No officer or enlisted
man
member
of the South Dakota State Guard
shall
may
be
arrested on any warrant, except for treason or felony, while going to, remaining at, or returning
from a place where
he
the officer or member
is ordered to attend for military duty. Every officer
and enlisted
man of such forces shall, during his service therein, be
member serving in the South
Dakota State Guard is
exempt from service upon any posse comitatus and from jury duty.
Section
149.
That
§
33-16-1
be amended to read as follows:
33-16-1.
For the purposes of this chapter
,
a veteran
shall be considered to be a man or woman
is a person
who has served in the armed forces of the United States during a time when the
Congress has declared a state of war to exist, who is in such wartime service, or who is a veteran
as defined by § 33-17-1, who was a legal resident of South Dakota at the time of entry into service
or who, following discharge,
shall have
has
been a resident of this state for one year
; provided that
.
However,
a nonresident in this state
shall be
is
entitled to any benefits available in this state to a
South Dakota resident under the same conditions.
Section
150.
That
§
33-16-5
be repealed.
Section
151.
That
§
33-16-11
be amended to read as follows:
33-16-11.
The director of the Division of Veterans Affairs shall, with the approval of the
Department of Military and Veterans Affairs, establish and maintain a sufficient office and field
force to carry out the provisions of this chapter, including representation at the veterans
administration facility in this state
and at the veterans administration facilities in St. Paul,
Minnesota, and fix their compensation on a scale consistent with the salaries of other state
divisions and within the appropriation provided for the administration of this chapter
.
Section
152.
That
§
33-16-13
be amended to read as follows:
33-16-13.
All employees of the Division of Veterans Affairs below the level of director shall
be selected as provided by chapter 3-6A
, provided that
. However,
all employees shall be veterans,
when
if
available. These employees shall perform
such
duties
as may be
assigned to them by the
Department of Military and Veterans Affairs.
Section
153.
That
§
33-16-18
be amended to read as follows:
33-16-18. The Division of Veterans Affairs shall cooperate with all national, state, county, municipal, and private social agencies in securing to veterans and their dependents the benefits
provided by national, state, and county laws, municipal ordinances, or public or private social
agencies
, and to that end shall have power to
. To that end, the division may
hold schools of
instruction for county service officers, or
to
call in for instruction individual county service officers
when
if
, in the judgment of the Department of Military and Veterans Affairs, the giving of such
instructions or holding of such schools
shall be for
is in
the best interest of the work of the
division
, and shall have authority to
. The division may
pay the actual necessary expenses of any
such county service officer
or officers
when attending such
school or
schools of instruction away
from
their
the officer's
home county, out of the funds appropriated for the administration of the
Division of Veterans Affairs
, said expense to
. The expenses may
be paid out only on duly itemized
vouchers presented to the state auditor and approved by the director of the division.
Section
154.
That
§
33-16-19
be amended to read as follows:
33-16-19.
The Division of Veterans Affairs may designate an employee
who has the right
to
act as conservator for a minor or an incompetent person receiving moneys from the United States
government if no other suitable person will so act, or to act as petitioner for commitment of
veterans to mental institutions
,
or for release
therefrom
from mental institutions
.
Section
155.
That
§
33-16-21
be amended to read as follows:
33-16-21.
The attorney general
is hereby directed to
shall
assign to the Division of Veterans
Affairs an assistant attorney general who
shall when available be
is, if available,
an honorably
discharged war veteran
, and who
. The assistant attorney general
shall serve the division for
such
share of his time as may be
a period of time
deemed necessary for the adequate protection of the
interest
interests
of veterans and of the state.
Section
156.
That
§
33-16-22
be amended to read as follows:
33-16-22.
The Division of Veterans Affairs
shall have
has
access to the records of penal and
charitable institutions
,
and
authority to
may
investigate the status of veterans
therein and to
in such
institutions. The division may
report to
the
heads of such institutions and if necessary to the
Governor
with
any recommendations for the benefit of such veterans.
Section
157.
That
§
33-16-24
be amended to read as follows:
33-16-24.
The board of county commissioners of each county in this state shall employ or join
with another county or counties in employing a county veterans' service officer
, provided that the
county veterans' service officer shall, before his employment is effective, be
who, before such
employment takes effect, is
approved by the state director of veterans affairs.
Upon his
The county
veteran's service officer's
first appointment
, the county veterans' service officer shall serve until
ends on
the first Monday in January of the second year subsequent to the year of
his
the
appointment.
If reappointed, such appointment shall be
The county veteran's service officer may
be reappointed
for
a term
terms
of four years
for each term
. The appointment is subject to removal
by the board or boards of county commissioners upon the recommendation of the state director of
veterans affairs or for cause.
Section
158.
That
§
33-16-26
be amended to read as follows:
33-16-26.
It shall be the duty of a
Each
county veterans' service officer
when employed to
shall
provide
,
within the county or counties employing
him
the officer
, local contact between fieldmen
of the State Division of Veterans Affairs and persons in the armed service or those discharged from
such service, and the dependents of such persons
; to
. The county veteran's service officer shall
aid
or assist volunteer service officers in securing evidence and perfecting claims;
to
advise those in
the armed service and veterans or their dependents of benefits available to them; and
to
aid them
in completing required forms and complying with regulations.
He shall work
The county veteran's
service officer works
under the supervision and direction of the State Division of Veterans Affairs.
33-16-28.
A county veterans' service officer
shall
may
be employed either part time or full
time. The salary and necessary mileage and expense allowance of the officer shall be determined
by the board or boards of county commissioners employing
him
the officer
. The officer shall be
provided with office space, office fixtures, furnishings, and equipment, either in the courthouse
or some other central and accessible place.
Section
160.
That
§
33-17-1
be amended to read as follows:
33-17-1.
For the purposes of all statutes relating to rights, privileges, exemptions, and benefits
(except a state bonus) of veterans and their orphans and other dependents, the term
"veteran"
,
veteran,
means any person who:
33-17-2.
As used in § 33-17-1, the term, qualifying military service, means:
Section
162.
That
§
33-17-2.1
be amended to read as follows:
33-17-2.1.
To the extent and for the purposes for which veterans of World War I, World War
II, or the Korean conflict, their orphans and other dependents, are or were entitled under existing
law to certain rights, privileges, exemptions, and benefits, these rights, privileges, exemptions, and
benefits, except a state bonus, are hereby extended to any person who has served on active duty
with the Armed Forces of the United States
between
from
February 1, 1955,
and
to
April 1, 1973,
who
inclusive, or from August 2, 1990, to a date to be determined by the Legislature. Such benefits
are extended to any person who
has been discharged from such service honorably or under
honorable conditions, or has been released to any reserve branch of the armed services of the
United States
; or
, and to
any active duty personnel whose service has qualified them for such
benefits. Any reserve or
national guard
National Guard
personnel who have served on active duty
for training
may not be
are not
construed to have served on active duty.
Section
163.
That
§
33-17-7
be amended to read as follows:
33-17-7.
Recognizing
The Legislature finds
that the care of the dependents of those in active
service or of those who have died while in active service, and the postwar adjustment of all
military personnel of the United States,
is
are
primarily and justly the
obligation
obligations
of the
federal government
, yet realizing
. However, because of
the possibility of delay in making
arrangements to extend such care or to complete that readjustment, the veterans affairs division
special revenue fund may be used for the purpose of extending emergency aid and assistance:
33-17-8.
Funds shall be advanced to
the
any
veteran or
his
to the veteran's
dependents under
§ 33-17-7
when
if
emergency need has been established to the satisfaction of the director of the
Division of Veterans Affairs, under rules promulgated pursuant to chapter 1-26 by the Veterans
Commission, and upon agreement by the veteran or
his
the veteran's
dependents that the funds so
loaned shall be repaid without interest and
shall be
are
due two years from the date
such
the
money
is loaned. The agreement shall be in
such form as
a form prescribed by
the Department of Military
and Veterans Affairs
shall prescribe
, and money
so
repaid shall be paid into the veterans affairs
division special revenue fund under the control of the department. In no case
shall
may
the sums
loaned to any veteran, or to the aggregate of
such
the
veteran's dependents, exceed the sum of five
hundred dollars.
Section
165.
That
§
33-17-12
be amended to read as follows:
33-17-12.
Notwithstanding any other provisions of the laws of this state, any instrumentality
of the armed forces of the United States, including voluntary unincorporated organizations of
army
or navy
military
personnel, located on exclusive federal areas, engaged in resale activities may
procure articles of merchandise from wholesalers, distributors, or manufacturers located in this
state
, and no
. No
excise tax of this state, direct or indirect, other than those on intoxicating liquor
or wine,
shall
may
be imposed upon the sale, use, delivery, or storage of articles of merchandise
to any instrumentality of the armed forces of the United States, including voluntary unincorporated
organizations of
army or navy
military
personnel, located on exclusive federal areas, engaged in
resale activities, except
those
state excise taxes
which may be
that are
specifically authorized by
the various
acts of the Congress of the United States.
Section
166.
That
§
33-17-15.1
be amended to read as follows:
33-17-15.1.
If any member of the South Dakota National Guard is ordered to active duty
service by the Governor of the State of South Dakota or the President of the United States, the
member has all protections afforded to persons serving on federal active duty by the
Soldiers and
Sailors
Servicemembers
Civil Relief Act
of 2003
, 54 Stat. 1178, 50 App. U.S.C.A. 501-548 and
560-591, as amended to January 1,
2002
2007
, and by the Uniformed Services Employment and
Reemployment Rights Act, 108 Stat. 3149, 38 U.S.C.A. 4301 to 4333, as amended to January 1,
2002
2007
.
Section
167.
That
§
33-17-16
be amended to read as follows:
33-17-16.
For the purposes of §§ 33-17-19 to
33-17-36
33-17-38
, inclusive, terms mean:
33-17-20. A veterans bonus shall be paid to any veteran, or to the dependents of a deceased veteran, if the veteran was a legal resident of the State of South Dakota for at least six months immediately preceding entry into the armed forces of the United States, if the veteran is still in the armed forces or was separated or discharged from the armed forces honorably or under honorable conditions, and if the veteran either:
Section
169.
That
§
33-17-21
be amended to read as follows:
33-17-21.
National
guard
Guard
or reserve personnel who put in periods of active duty for
training in the federal forces
shall
may
not be included among the beneficiaries of §§ 33-17-16 to
33-17-36
33-17-38
, inclusive, unless they were called for further active duty. If they were called
for further active duty they
shall be
are
eligible for the bonus for the time so served and for the time
spent in active duty for training if that time was within the eligible period fixed in § 33-17-20.
However, the commission may promulgate rules pursuant to chapter 1-26 to specify special
circumstances under which service by
national guard
National Guard
or reserve personnel in a
training or active duty status may qualify for the bonus if such service involved participation in or
direct support of military operations or activities that would qualify for benefits under § 33-17-20.
Section
170.
That
§
33-17-22
be amended to read as follows:
33-17-22.
Any bonus earned pursuant to § 33-17-20 that is based on qualifying service during
the period September 11, 2001, to a date to be determined by the South Dakota Legislature, shall
be paid at the rate of one hundred dollars for the first month and twenty dollars for each subsequent
month of active duty in the armed forces during such period, to a maximum bonus of two hundred
forty dollars
for service in nonhostile area
.
However, any person who qualifies for a bonus
pursuant to § 33-17-20 and who has received or is eligible to receive, based on service in the armed
forces from January 1, 1993, to a date to be determined by the South Dakota Legislature, the
southwest Asia service medal, the armed forces expeditionary medal, Kosovo campaign medal,
Afghanistan campaign medal, Iraq campaign medal, global war on terrorism expeditionary medal,
global war on terrorism service medal, or other United States campaign or service medal awarded
for participation outside the boundaries of the United States in combat operations against hostile
forces, shall, for the time served in one or more such areas qualifying for any of the medals listed
in this section, be paid one hundred fifty dollars for the first month and fifty dollars for each
subsequent month of such service, up to a maximum bonus, together with any payments pursuant
to this section for service not qualifying for any such medal, of five hundred dollars.
Section
171.
That
§
33-17-23
be amended to read as follows:
33-17-23.
In computing a month of service under
§§ 33-17-22 and 33-17-37
§
33-17-22
, any
period of service during a calendar month shall be computed as one full month in determining
monthly totals.
33-17-24.1.
Notwithstanding the provisions of
§§ 33-17-22 and 33-17-37
§
33-17-22
, if any
veteran who qualifies for a bonus pursuant to § 33-17-20 is rated ten percent or more disabled for
service connected disability or disabilities by the veterans administration as a result of wounds or
injuries or illness incurred while on active duty in the areas or periods specified in § 33-17-20
regardless of the length of such service, the veteran's bonus shall be in the amount of five hundred
dollars.
Section
173.
That
§
33-17-24.2
be amended to read as follows:
33-17-24.2.
Any veteran qualified for the benefits authorized by § 33-17-24.1 who has
previously filed a claim under §§ 33-17-16 to
33-17-36
33-17-38
, inclusive, may amend
his
the
claim, or if
his
the
original claim was paid, initiate a new claim for the difference between that
claimed or paid and the amount authorized by § 33-17-24.1.
Section
174.
That
§
33-17-25
be amended to read as follows:
33-17-25.
No person is entitled to payment of a bonus
who, being
if the person, while
in the
armed forces of the United States within any period set forth in § 33-17-20, refused on
conscientious, political, or other grounds, to subject himself
or herself
to military discipline or who
was separated from such service under conditions other than honorable and has not been
subsequently restored officially to an honorable status. No person who is eligible to receive from
another state of the United States a bonus or gratuity or compensation similar to that provided by
§§ 33-17-16 to
33-17-36
33-17-38
, inclusive, may receive any bonus provided by §§ 33-17-16 to
33-17-36
33-17-38
, inclusive.
Section
175.
That
§
33-17-26
be amended to read as follows:
33-17-26.
The South Dakota Legislature finds and declares the bonus provided under §§ 33-17-
16 to
33-17-36
33-17-38
, inclusive, shall be paid as soon as this state has adequate and sufficient
funds to do so
, and there
. There
are hereby authorized such sums of money as are necessary to pay
said
the
bonus, and all administrative expenses of the commission in connection
therewith
with
payment of the bonus
, to be appropriated by subsequent sessions of this Legislature or to be
otherwise paid as provided by law.
Section
176.
That
§
33-17-27
be amended to read as follows:
33-17-27.
In case
If
any bonus is payable under §§ 33-17-16 to
33-17-36
33-17-38
, inclusive,
to a minor who is a veteran, or a minor widow of such veteran, and who is under no legal disability
other than minority, payment of
such
the
bonus shall be made to such person direct.
Section
177.
That
§
33-17-28
be amended to read as follows:
33-17-28.
In case
If
any bonus is payable under §§ 33-17-16 to
33-17-36
33-17-38
, inclusive,
to a mental incompetent
,
the bonus shall be paid to the person who is constituted his or her
committee, guardian, curator, or conservator, by the laws of the state of residence of
such
the
mental
incompetent, or is otherwise legally vested with the care of
such
the mental
incompetent
,
provided, however, if there be
. However, if
no such committee, guardian, curator, conservator, or
other person
exists
, payment shall be made to the chief officer of any hospital or institution in
which the
mental
incompetent is placed
where such
if the
officer is authorized to accept moneys
for the benefit of the
mental
incompetent
; and provided further, if there be
. If
no such committee,
guardian, curator, or conservator
exists
, and if the
mental
incompetent is not in any such hospital
or institution, payment shall be made to the person determined by the commission to have assumed
the major responsibility for the care of the
mental
incompetent. Any payment
hereunder
under this
section
shall be held or used solely for the benefit of the
mental
incompetent.
33-17-29.
In case of the death of any person after July 1, 1969, who would, if alive, be entitled
to benefits under §§ 33-17-16 to
33-17-36
33-17-38
, inclusive, the bonus shall be paid to
his
the
person's
dependents, if any
; if there be
. If there is
more than one dependent, payment shall be made
in
such
a
proportion
as
determined by
the commission
shall determine,
and in the order of
preference as follows: wife
,
or husband,
as the case may be,
children, mother, father, foster mother,
and foster father.
Section
179.
That
§
33-17-30
be amended to read as follows:
33-17-30.
The commission shall promulgate rules pursuant to chapter 1-26 to define and
provide for eligibility criteria, administration and method of payment of the bonus created in
§§ 33-17-16 to
33-17-36
33-17-38
, inclusive.
Section
180.
That
§
33-17-31
be amended to read as follows:
33-17-31.
The director shall prepare
such
application forms and
regulations
rules
governing
administration of §§ 33-17-16 to
33-17-36
33-17-38
, inclusive, as the commission
may direct and
authorize
directs and authorizes
under § 33-17-30
, which
. The
application forms and
regulations
rules
shall be completed and made available to eligible veterans when funds
are
available to the
commission
permit, and payment
. Payment
of all claims approved by the commission shall be
made as funds are available and in the order
as
determined by the commission.
Section
181.
That
§
33-17-32
be amended to read as follows:
33-17-32.
All claims for compensation under §§ 33-17-16 to
33-17-36
33-17-38
, inclusive,
shall be presented to the commission on such forms as it may require no later than three years after
the date to be determined by the South Dakota Legislature. If approved for payment by the
commission, the director shall submit an authorized voucher to the state auditor, who shall issue
the warrant for the amount of the approved claim to the person found by the commission to be
entitled to the claim.
Section
182.
That
§
33-17-33
be amended to read as follows:
33-17-33.
Any person who
shall falsely make application
falsely applies
for
a
veteran's bonus
under the provisions of §§ 33-17-16 to
33-17-36
33-17-38
, inclusive,
shall be
is
guilty of a Class
1 misdemeanor.
Section
183.
That
§
33-17-34
be amended to read as follows:
33-17-34.
Decisions
Any decision
of the Veterans' Commission as to the payment or
nonpayment of
bonus, or eligibility therefor, shall in all things be
a bonus claim, or eligibility for
the bonus, is
final.
Section
184.
That
§
33-17-35
be amended to read as follows:
33-17-35.
No right of payment of the bonus under §§ 33-17-16 to
33-17-36
33-17-38
,
inclusive,
shall be
is
subject to moneys or credit taxation, claims of creditors, garnishment, or
assignment, nor
shall such
may the
right of payment be deemed an asset, legal or equitable, of the
estate of a deceased veteran.
Section
185.
That
§
33-17-36
be amended to read as follows:
33-17-36.
If any provisions of §§ 33-17-16 to
33-17-36
33-17-38
, inclusive, or the application
thereof to any person or circumstance or the validity or effectiveness of any one or more of the
sources of payment provided
be
are
invalid, such invalidity or ineffectiveness
shall
does
not affect
the remaining provisions of §§ 33-17-16 to
33-17-36
33-17-38
, inclusive.
Section
186.
That
§
33-17-37
be repealed.
Section
187.
That
§
33-17A-3
be amended to read as follows:
33-17A-3.
The person whose commitment is sought shall be personally served with notice of
the pending commitment proceeding in the manner as provided by the law of this state
; and
nothing
. Nothing
in this chapter
shall affect his
affects the person's
right to appear and be heard
in the proceedings.
Section
188.
That
§
33-17A-5
be amended to read as follows:
33-17A-5.
Jurisdiction is retained in the committing or other appropriate court of this state at
any time to inquire into the mental condition of the person committed, pursuant to § 33-17A-2, and
to determine the necessity for continuance of
his
the person's
restraint, and all commitments
pursuant to this chapter are so conditioned.
Section
189.
That
§
33-17A-7
be amended to read as follows:
33-17A-7.
No person may be transferred to the United States Department of Veterans' Affairs
or other agency of the United States if
he be
the person is
confined pursuant to conviction of any
felony or misdemeanor or if
he
the person
has been acquitted of the charge solely on the ground
of mental illness, unless prior to transfer the court or other authority originally committing
such
the
person
shall enter
enters
an order for
such
the
transfer after appropriate motion and hearing.
Section
190.
That
§
33-17A-8
be amended to read as follows:
33-17A-8.
The judgment or order of commitment by a court of competent jurisdiction of
another state or of the District of Columbia, committing a person to the United States Department
of Veterans' Affairs, or other agency of the United States government for care or treatment has the
same force and effect as to the committed person while in this state as in the jurisdiction in which
is situated the court entering the judgment or making the order
; and the
. The
courts of the
committing state, or of the District of Columbia, retain jurisdiction of the person so committed for
the purpose of inquiring into the mental condition of
such
the
person, and of determining the
necessity for continuance of
his
the person's
restraint as
is
provided in § 33-17A-5 with respect to
persons committed by the courts of this state. Consent is hereby given to the application of the law
of the committing state or district in respect to the authority of the chief officer of any facility of
the United States Department of Veterans' Affairs, or of any institution operated in this state by any
other agency of the United States to retain custody, or transfer, parole, or discharge the committed
person.
Section
191.
That
§
33-17A-11
be amended to read as follows:
33-17A-11.
Not less than fourteen days
prior to
before
hearing
in such
on the
matter
,
notice
in writing of the time and place
thereof
of the hearing
shall be given by mail (unless waived in
writing) to the office of the United States Department of Veterans' Affairs having jurisdiction over
the area in which
such
the
suit or any such proceeding is pending.
Section
192.
That
§
33-17A-19
be amended to read as follows:
Section
193.
That
§
33-17A-21
be amended to read as follows:
33-17A-21.
If a bond is tendered by a conservator with personal sureties, there shall be at least
two such sureties
and they
. Each surety
shall file with the court a certificate under oath which
shall
describe
describes
the property owned, both real and personal, and
shall state
states
that
each
the
surety
is worth the sum named in the bond as the penalty
thereon
on the bond
over and above all
his
of the surety's
debts and liabilities and the aggregate of other bonds on which
he
the surety
is
principal or surety and exclusive of property exempt from execution. The court may require
additional security or may require a corporate surety bond, the premium
thereon
on the bond
to be
paid from the ward's estate.
Section
194.
That
§
33-17A-22
be amended to read as follows:
33-17A-22.
No person other than a bank or trust company may be guardian or conservator of
more than five wards at one time, unless all the wards are members of one family. Upon
presentation of a petition by an attorney of the United States Department of Veterans' Affairs or
other interested person, alleging that a guardian or conservator is acting in fiduciary capacity for
more than five wards as
herein
provided
in this section
and requesting
his
the guardian's or
conservator's
discharge for that reason, the court, upon proof substantiating the petition, shall
immediately
require a final report or accounting
forthwith
from
such
the
guardian or conservator
and
. The court
shall discharge
him
the guardian or conservator
from guardianships or
conservatorships in excess of five and
forthwith
immediately
appoint a successor.
Section
195.
That
§
33-17A-23
be amended to read as follows:
33-17A-23.
Every
Each
conservator shall invest the surplus funds of
his
the conservator's
ward's estate in
such
securities or property
as
authorized under the laws of this state but only upon
prior order of the court. However, the funds may be invested, without prior court authorization,
in federally insured interest-bearing accounts, in direct unconditional interest-bearing obligations
of this state or of the United States
,
and in obligations the interest and principal of which are
unconditionally guaranteed by the United States. A signed duplicate or certified copy of the
petition for authority to invest shall be furnished
to
the proper office of the United States
Department of Veterans' Affairs, and notice of hearing
thereon shall be given said
on the petition
shall be given to the
office as provided in the case of hearing on a conservator's account.
Section
196.
That
§
33-17A-24
be amended to read as follows:
33-17A-24.
The court may authorize the purchase of the entire fee simple title to real estate in
this state in which the conservator has no interest, but only as a home for the ward, or to protect
his
the ward's
interest, or (if
he
the ward
is not a minor) as a home for
his
the ward's
dependent
family. No purchase of real estate may be made except upon the entry of an order of the court after
hearing upon verified petition. A copy of the petition shall be furnished
to
the proper office of the
United States Department of Veterans' Affairs and notice of hearing
thereon
on the petition
shall
be given
said
to the
office as provided in the case of hearing on a conservator's account.
Section
197.
That
§
33-17A-26
be amended to read as follows:
Section
198.
That
§
33-17A-28
be amended to read as follows:
33-17A-28.
Every
Each
conservator
shall be
is
allowed the amount of
his
the conservator's
reasonable expenses incurred in the execution of
his trust, and he shall also have
the conservator's
trust. The conservator may receive
such compensation for his
or her
services as the court
,
in which
his
the conservator's
accounts are settled
,
deems just and reasonable.
Section
199.
That
§
33-17A-29
be amended to read as follows:
33-17A-29.
Every
Any
conservator
,
who
receives or
has received
or shall receive
on account
of
his
the conservator's
ward any moneys or other things of value from the United States
Department of Veterans' Affairs shall file with the court annually, on the anniversary date of the
appointment, in addition to
such
any
other accounts
as may be
required by the court, a full, true,
and accurate account under oath of all moneys or other things of value so received by
him,
the
conservator. The account shall indicate
all earnings, interest
,
or profits derived
therefrom and
from
the money or other things of value,
all property acquired
therewith and of
with the money or other
things of value, and
all disbursements
therefrom, and showing
from the money or other things of
value. The account shall indicate
the balance
thereof in his
of the money or other things of value
in the conservator's
hands at the date of the account and how invested.
Section
200.
That
§
33-17A-30
be amended to read as follows:
33-17A-30.
The conservator, at the time of filing any account, shall exhibit all securities or
investments held by
him
the conservator
to an officer of the bank or other depository
wherein said
in which the
securities or investments are held for safekeeping or to an authorized representative
of the corporation which is surety on
his
the conservator's
bond, or to the judge or clerk of a court
of record in this state, or, upon request of the conservator or other interested party, to any other
reputable person designated by the court
, who
. The person to whom the securities or investments
were exhibited
shall certify in writing that he
or she
has examined the securities or investments and
identified them with those described in the account
,
and shall note any omissions or discrepancies.
If the depository is the conservator, the certifying officer may not be the officer verifying the
account. The conservator may exhibit the securities or investments to the judge of the court, who
shall endorse on the account and
copy thereof
on a copy of the account
a certificate that the
securities or investments shown
therein
in the account
as held by the conservator were each in fact
exhibited to
him
the judge
and that those exhibited to
him
the judge
were the same as those shown
in the account, and noting any omission or discrepancy. That certificate and the certificate of an
official of the bank in which are deposited any funds for which the conservator is accountable,
showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be
filed by the conservator with
his
the conservator's
account.
Section
201.
That
§
33-17A-31
be amended to read as follows:
33-17A-31.
If the conservator is accountable for property derived from sources other than the
United States Department of Veterans' Affairs,
he shall be
the conservator is
accountable as
is or
may be
required under the applicable law of this state pertaining to the property of minors or
protected persons who are not beneficiaries of the United States Department of Veterans' Affairs
,
and as to such other property shall be
. With respect to the property derived from other sources, the
conservator is
entitled to the compensation provided by
such
the applicable
law. The account for
other property may be combined with the account filed in accordance with § 33-17A-29.
Section
202.
That
§
33-17A-33
be amended to read as follows:
33-17A-33.
If any conservator fails to file with the court any account as required by this
chapter, or by an order of the court, when
any
the
account is due or within thirty days after citation
issues as provided by law, or
if the conservator
fails to furnish the United States Department of
Veterans' Affairs a true copy of any account, petition, or pleading as required by this chapter, such
failure may, in the discretion of the court, be grounds for
his
the conservator's
removal.
Section
203.
That
§
33-17A-35
be amended to read as follows:
33-17A-35.
In addition to any other provisions of law relating to judicial restoration and
discharge of a conservator, a certificate by the United States Department of Veterans' Affairs
showing that a minor ward has attained majority, or that an incompetent ward has been rated
competent by the United States Department of Veterans' Affairs upon examination in accordance
with law
,
is prima facie evidence that the ward has attained majority or has recovered his
or her
competency.
Section
204.
That
§
33-17A-36
be amended to read as follows:
33-17A-36.
Upon hearing after notice as provided by this chapter and the determination by the
court that the ward has attained majority or has recovered his
or her
competency, an order shall be
entered to that effect, and the conservator shall file a final account.
Section
205.
That
§
33-17A-37
be amended to read as follows:
33-17A-37.
Upon hearing after notice to the former ward and to the United States Department
of Veterans' Affairs as in case of other accounts, upon approval of the final account, and upon
delivery to the ward of the assets due
him
the ward
from the conservator, the conservator shall be
discharged and
his
the conservator's
sureties released.
Section
206.
That
§
33-17A-41
be amended to read as follows:
33-17A-41.
If a conservator is appointed for a veteran as defined in § 33-17-1 or for a person
now or formerly in the service of the United States as a soldier, sailor, marine, nurse, or other
similar capacity, or
his
for the veteran's or person's
dependents and beneficiaries under the "War
Risk Insurance Act" or "World War Veterans' Act,"
and amendments thereto
as amended to
January 1, 2007
, and
where in such case such
if the
appointment is found necessary
in order that
to enable
the ward
to
receive benefits under such acts, the provisions of §§ 33-17A-42 to 33-17A-
45, inclusive, apply.
Section
207.
That
§
33-17A-43
be amended to read as follows:
33-17A-43.
No probate fees
shall
may
be charged
where
if
the appointment referred to in § 33-
17A-41 is for the purpose of recovering compensation, insurance, pension, or other gratuity
payable to the ward under the laws of the United States.
Section
208.
That
§
33-18-1.2
be amended to read as follows:
33-18-1.2.
No judicial or administrative suit, action, or other proceeding lawfully commenced
before July 1, 1989, by or against any agency or any officer of the state, in
his
the officer's
official
capacity or in relation to the discharge of
his
the officer's
official duties,
may abate or be affected
by the reason of the taking effect of
is abated or affected by
any reorganization under the
provisions of this chapter. The court may allow the suit, action, or other proceeding to be
maintained by or against the successor of any agency or any officer affected by this chapter.
Section
209.
That
§
33-18-2
be amended to read as follows:
33-18-2.
The Department of Military and Veterans Affairs shall provide for the enforcement
of all
such rules as are now or may hereafter be required by the statutes of the United States
applicable federal regulations
to enable this state to receive
such aid as is usually
aid that is
extended by the
national
United States
government to states
which
that
maintain institutions of the
character of the State Veterans' Home. The department, with the advice of the Veterans'
Commission, shall prescribe the method of the local management of
such
the
home
,
and
it
shall
promulgate
such rules as it shall deem necessary and proper
rules pursuant to chapter 1-26
for the
maintenance of order and discipline and the preservation of the health and comfort of the members
of
such
the
home. Any violation of
such rules may be
the rules is
punishable by suspension or
expulsion in the judgment of the secretary of military and veterans affairs upon the charges filed
by the superintendent of the home.
Section
210.
That
§
33-18-7
be amended to read as follows:
33-18-7.
The superintendent of the State Veterans' Home may temporarily suspend and expel
any member of the home for the violation of the rules
and regulations provided in
promulgated
pursuant to
§ 33-18-2 pending a final hearing before the secretary of military and veterans affairs
if
he
the superintendent
deems it for the best interest of the institution.
Such
The
temporary
suspension and expulsion
shall be and remain
is
in effect until the final hearing by the secretary
of military and veterans affairs upon the charges filed by the superintendent. Notice of the final
hearing together with a copy of the charges filed, shall be served on the offender personally at least
three days before the date of the final hearing.
Section
211.
That
§
33-18-8
be amended to read as follows:
33-18-8.
The superintendent of the State Veterans' Home shall recommend to the secretary of
military and veterans affairs such measures as
he may deem
the superintendent deems
necessary
for the government of the home.
Section
212.
That
§
33-18-10
be amended to read as follows:
33-18-10.
Every
Any
member of the State Veterans' Home who receives a pension,
compensation, or gratuity from the United States government or sufficient funds from any source
of more than fifty dollars a month above contributions toward the care of any dependents, shall
be
required to
contribute to
his
the member's
maintenance, care, or support while a member of the
home.
Such
The
contributions shall be determined
on such basis as
by
the secretary of military and
veterans affairs
may decide
and may not exceed the cost of support of members at the home as
determined by the secretary of military and veterans affairs. Payment of these amounts shall be
made first to the fullest extent possible from sources of income other than pensions or
compensation paid by the
veterans administration
Veterans Administration
.
Section
213.
That
§
33-18-11
be amended to read as follows:
33-18-11.
If a member of the State Veterans' Home accumulates more than ten thousand dollars
in cash assets while a resident at the state home,
he
the member
shall pay a monthly charge
determined by the secretary of military and veterans affairs.
Section
214.
That
§
33-18-13
be amended to read as follows:
33-18-13.
If any member of the State Veterans' Home dies without legal dependents,
his
the
member's
property shall be distributed to the South Dakota State Veterans' Home as sole heir for
the sole use and benefit of the home.
Such
The
member may
,
by will
,
dispose of
his
the member's
estate subject to the preferred claim provided in §§ 33-18-14 to 33-18-17, inclusive. A spouse
residing at the home
shall be included among and
is
considered as a legal dependent for the
purpose of this section.
Section
215.
That
§
33-18-14
be amended to read as follows:
33-18-14.
If a member of the State Veterans' Home
shall die
dies
, leaving at the home cash or
other personal property of value, the superintendent of the home may turn over
such
the cash,
property, or its proceeds to the Department of Military and Veterans Affairs for the sole use and
benefit of the home, without administration
,
. The cash, property, and proceeds are
subject to refund
within three years to any creditor, legal dependent, or heir
in the event
, if
the deceased member left
a will
,
and
who shall establish his
if the creditor, legal dependent, or heir establishes a
right to the
fund or property or any portion thereof
cash, property, or proceeds or any portion of the cash,
property, or proceeds
. The attorney general, upon being satisfied that a claim out of
such funds or
property
the cash, property, or proceeds
is legal and valid
,
may certify the claim to the secretary
of military and veterans affairs
,
and the secretary of military and veterans affairs shall satisfy the
claim.
Section
216.
That
§
33-18-15
be amended to read as follows:
33-18-15.
If an estate is left by a deceased member of the State Veterans' Home leaving no
surviving spouse or dependent, the state home shall file a claim against the estate of
such
the
deceased member in the amount of the full maintenance charge for each month the member was
in the home, retroactive from the date of admission with proper credits allowed to the estate of the
deceased member for any payments made by
him, but such credits not to
the member. However,
the credits may not
include any allowances of the state government
and such moneys
. Any such
money
received from the deceased member shall go to a capital fund of the state home for repairs,
equipment, improvements, or construction.
Section
217.
That
§
33-18-16
be amended to read as follows:
33-18-16.
In the event that
If
a deceased member of the State Veterans' Home
shall leave
leaves
a spouse, or other dependent,
his estate shall be
the member's estate is
payable to the spouse, or
other dependent
, but upon
. Upon
the death of the spouse or other dependent, the state home shall
file a claim against the estate of the deceased spouse or other dependent for any claim against the
estate of both the deceased husband and wife as provided in § 33-18-15
, which claim shall be
. The
claim is
a preferred claim against
such
the
estates.
Section
218.
That
§
33-18-20
be amended to read as follows:
33-18-20.
Each
Any
member of the State Veterans' Home who receives a pension or
compensation and who has a dependent spouse or minor child shall deposit with the superintendent
forthwith on receipt of his
immediately on receipt of the
pension or compensation check one-half
of the amount
thereof, which
. The amount deposited with the superintendent
shall be sent at once
to the spouse if the spouse is dependent upon
his
the spouse's
own labor or others for support, or,
if there
be
is
no spouse, to the conservator of the minor children if dependent upon others for
support. The superintendent, if satisfied that the
wife or husband
member's spouse
has deserted
his spouse
the member
, or is of bad character, or is not dependent upon others for support, may pay
the money deposited as
herein
provided in this section
to the guardian or conservator of the
dependent minor children.
Section
219.
That
§
33-18-23
be amended to read as follows:
33-18-23.
The spouse of any veteran who is eligible to become a member of the State Veterans'
Home, may be admitted with the veteran
; provided,
if
they have been married and living together
for
a period of
at least
one year
prior to
before
application for admission and
that
if
their combined
income
shall
does
not exceed four hundred dollars per year above the maximum income limitation
allowable for pension benefits as determined by the
veterans administration
Veterans
Administration
. Or, a spouse may be admitted if the veteran, otherwise eligible to admission, is
institutionalized for physical or mental disability,
provided that such spouse shall have
if the
spouse has
been married to the veteran spouse for
a period of not less than
at least
one year. The
nonveteran spouse
shall be
is
subject to the same house rules and rules as to furlough and discharge
as the veteran spouse. Membership status
shall not be
is not
affected by the death of a spouse or
by marriage between members of the home.
Section
220.
That
§
33-18-30
be amended to read as follows:
33-18-30.
No person
shall
may
be received or retained in the State Veterans' Home who is
mentally ill, is an inebriate, or is addicted to the use of drugs.
Section
221.
That
§
33-18-31
be amended to read as follows:
33-18-31.
When
If
a member of the State Veterans' Home is discharged
therefrom
from the
home
, or voluntarily leaves the home, or is adjudged mentally ill after admittance,
his or her
residence shall be
the member's residence is
that of the county in which
he or she
the member
was
residing at the time of
his or her
the member's
admittance to the home.
Section
222.
That
§
33-18-32
be amended to read as follows:
33-18-32.
Every
Each
member of the State Veterans' Home
shall be
is
deemed a resident of the
county in which
he or she
the member
was residing at the time of
his or her
admittance to the home
and
shall
does
not lose his or her residence or the right to vote in
said
the
county.
Section
223.
That
§
33-19-1
be amended to read as follows:
33-19-1.
Upon notice to the county veterans' service officer or field officer of the Division of
Veterans Affairs of the death within
his
the
county of a person entitled to burial benefits under this
chapter, or at
his
the officer's
own initiative in a proper case,
it shall be the duty of such
the
veterans' service officer or field officer
to carry into effect
shall implement
the provisions of this
chapter in reference to the burial of
such
the
deceased.
Section
224.
That
§
33-19-2
be amended to read as follows:
33-19-2.
Any
honorably discharged United States soldier, sailor, marine, aviator, or war nurse
of the Spanish-American War or Philippine Insurrection, or any
veteran as defined by § 33-17-1,
or the
veteran's
spouse,
widow, or widower of such veteran; who being a citizen of the United
States and a resident of this state for one year preceding entrance into military service or preceding
his death, shall hereafter die and whose estate or the estate of the husband or wife, whether living
or deceased or whose immediate family or members thereof, or relatives, are unable to defray the
charges of his or her funeral, shall be buried at the expense of this state, providing such surviving
husband, wife, or the relatives of the deceased person can furnish an affidavit acceptable to the
county veterans' service officer or field officer of the Division of Veterans Affairs that the estate
of the decedent or of his or her surviving husband or wife is not sufficient to defray the funeral
expenses
shall be buried at the expense of this state if:
33-19-3.
The state shall pay for burial and funeral expenses, including cost of burial lot, a sum
not exceeding one hundred dollars
, providing that no
. No
payment or reimbursement for burial and
funeral expenses may be allowed unless a claim
therefor
for the payment or reimbursement
is filed
or presented to the Division of Veterans Affairs
,
within one year
subsequent to the date of such
after the date of the
burial.
Section
226.
That
§
33-19-4
be repealed.
Section
227.
That
§
33-19-6
be amended to read as follows:
33-19-6.
All expenses incurred under the provisions of §§ 33-19-2 to 33-19-5, inclusive, shall
be approved, allowed
,
and certified, in quadruplicate, by the county veterans' service officer or
field officer of the Division of Veterans Affairs upon forms provided by the Division of Veterans
Affairs
, one copy of which shall be retained by the county veterans' service officer or field officer,
three copies forthwith forwarded
. The county veteran's service officer or field officer shall retain
one copy of the forms and shall immediately forward three copies of the forms
to the Division of
Veterans Affairs
, which will
. The division shall
certify and forward the
same
forms
to the state
auditor.
Section
228.
That
§
33-19-8
be amended to read as follows:
33-19-8.
Any county may appropriate money with which to purchase lots or plots of ground
in any cemetery or burial ground for the burial of any
honorably discharged United States soldier,
sailor, marine, nurse, or aviator of the Civil War, Spanish-American War, or Philippine
Insurrection, or any honorably discharged
veteran as defined by § 33-17-1, or the
veteran's
spouse,
widow, or widower of any honorably discharged sailor, marine, or soldier of the Civil War,
Spanish-American War, Philippine Insurrection, or of any honorably discharged veteran as defined
by § 33-17-1, who
if the veteran or the veteran's spouse
had a legal residence within
such
the
county at the time of his or her death.
Section
229.
That
§
33-19-9
be amended to read as follows:
33-19-9.
Each board of county commissioners of each county of this state may, as soon as the
money has been appropriated, purchase not
to exceed
more than
ten burial plots and provide for
the perpetual care
thereof, the
of the plots. The
cost of
such
the
plots with perpetual care
may
not
to
exceed seventy-five dollars per plot.
Section 230. That § 33-19-10 be amended to read as follows:
Section
231.
That
§
13-55-8
be amended to read as follows:
13-55-8.
Any person desiring to
avail himself of
use
the benefits of § 13-55-6 shall
make
application
apply
to the Board of Regents
therefor, and it shall be the duty of the
. The
Board of
Regents
to
shall
determine whether
such person so applying
the applicant
is entitled to the benefits
of said section and to that end are authorized and empowered to
. The Board of Regents may
promulgate rules pursuant to chapter 1-26
not inconsistent therewith in order
to accomplish the
purposes of §§ 13-55-6 to 13-55-9, inclusive.
Section
232.
That
§
13-55-9
be amended to read as follows:
13-55-9.
Upon
If
the Board of Regents
determining
determines
that any
such
person applying
under § 13-55-8 is entitled to free tuition in any state educational institution under the control and
management of the Board of Regents
it
, the board
shall issue its certificate in duplicate that
such
person named
the person
is entitled to free tuition in such
an
educational institution
, one of which
.
One of the
duplicate certificates shall be delivered to the educational institution with which
said
the
person desires to matriculate and the other
of which duplicate certificates
duplicate certificate
shall be delivered to the person
so
applying for the benefits of § 13-55-6. The action of the Board
of Regents
shall be
is
final.
Section
233.
That
§
13-55-10
be amended to read as follows:
13-55-10.
Any
person under the age of twenty-five years, a resident of this state, whose father,
mother or spouse die or have died or have or hereafter sustain
resident of this state who is less than
twenty-five years of age and whose parent or spouse dies or has died or sustains or has sustained
a total
and permanent
disability
permanent in nature
resulting from duty as a member of the South
Dakota National Guard, while on state active duty or any authorized training duty,
shall be
is
entitled to tuition without cost and
be entitled to
may
attend any course or courses of study in any
state educational institution under the control and management of the Board of Regents.
Section
234.
That
§
21-48-24
be amended to read as follows:
21-48-24.
The affidavit provided for in subdivision 21-48-23(2) may be made and filed for
record for the purpose of complying with the provisions of the
Soldiers' and Sailors' Civil Relief
Act of 1940, passed by the Congress of the United States and approved on October 17, 1940, and
all laws amendatory thereof
Servicemembers Civil Relief Act of 2003, 54 Stat. 1178, 50 App.
U.S.C.A. 501-48 and 560-591, as amended to January 1, 2007
, and
where such may be
if
required,
for the purpose of showing compliance with the Federal Tax Lien Act
and amendments, and
, as
amended to January 1, 2007. The affidavit
may be made and filed for record at any time
subsequent to such
after the
mortgage foreclosure sale, whether
such
the
sale was heretofore or is
hereafter made.
Section 235. The code counsel shall change the term, national guard, to National Guard, wherever the term appears in title 33. The changes required by this section shall be implemented when the volume of the South Dakota Codified Laws containing title 33 is republished.