South Dakota § 33-4-1 Officers commissioned at discretion of Governor--Examination--Oath of office.

South Dakota Statutes

§ 33-4-1 — Officers commissioned at discretion of Governor--Examination--Oath of office.

South Dakota § 33-4-1

Title 33MILITARY AFFAIRS

Ch. 33-3NATIONAL GUARD OFFICERS

This text of South Dakota § 33-4-1 (Officers commissioned at discretion of Governor--Examination--Oath of office.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 33-4-1 (2026).

Text

All officers of the National Guard shall be commissioned by the Governor, at the Governor's discretion, upon the recommendation of the adjutant general. 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 the person has been duly commissioned and has taken the oath of office as prescribed in § 33-4-9 .

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All officers of the National Guard shall be commissioned by the Governor, at the Governor's discretion, upon the recommendation of the adjutant general. 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 the person has been duly commissioned and has taken the oath of office as prescribed in § 33-4-9 .

Legislative History

PolC 1877, ch 30, §§ 14, 16; SL 1887, ch 100, §§ 6, 32; CL 1887, §§ 1922, 1948; SL 1893, ch 117, § 4; RPolC 1903, § 2464; SL 1903, ch 185, §§ 22, 45; SL 1913, ch 267, § 16; SL 1917, ch 297, § 19; RC 1919, § 10572; SDC 1939, § 41.0125; SL 2007, ch 187, § 34.