33-4-1. Officers commissioned at discretion of Governor--Examination--Oath of office.
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.
Source: 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.
Structure South Dakota Codified Laws
Chapter 04 - National Guard Officers
Section 33-4-1 - Officers commissioned at discretion of Governor--Examination--Oath of office.
Section 33-4-2 - Citizenship and qualifications--Previous expulsion from service.
Section 33-4-5 - Additional requirements.
Section 33-4-8 - Appointment of officers for new organization.
Section 33-4-9 - Oath of office.
Section 33-4-10 - Issuance of commissions--Filing of oath.
Section 33-4-12 - Board of Examiners--Promulgation of rules.
Section 33-4-19 - Cost of uniforms and equipment--Issuance by quartermaster.