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 times of war, insurrection, rebellion, riot, invasion, or public disaster, but it clarifies that this applies to first-class or second-class municipalities and sheriffs in the state.
Importantly, the bill introduces new provisions that prohibit any unit or member of the South Dakota National Guard from being released for active service in foreign armed conflicts or hazardous services unless Congress has issued a formal declaration of war. Additionally, it states that the National Guard cannot be called to execute federal laws, repel invasions, or suppress insurrections without explicit Congressional action. These changes aim to ensure that the deployment of the National Guard aligns with federal legislative authority.
Statutes affected: Introduced, 01/19/2025: 33-9-1