The bill amends South Dakota law regarding the deployment of the South Dakota National Guard by the federal government. It specifies that the Governor may order the South Dakota National Guard into active service during situations such as war, insurrection, or public disaster, but it updates the language to clarify that this applies specifically to the South Dakota National Guard rather than the national guard in general. Additionally, it removes the reference to "first or second class" municipalities, replacing it with "first-class or second-class" municipalities.

Importantly, the bill introduces new provisions that require an official declaration of war or other Congressional action before any unit or member of the South Dakota National Guard can be deployed for active service in armed conflicts abroad or for executing federal laws, repelling invasions, or suppressing insurrections. This means that the National Guard cannot be mobilized for these purposes without explicit Congressional authorization, aligning with the constitutional requirements outlined in Article I, Sections 8, clauses 11 and 15 of the U.S. Constitution.

Statutes affected:
Introduced, 01/19/2025: 33-9-1