ARSD Article 50:01 — ADJUTANT GENERAL

DEPARTMENT OF THE MILITARY DEPARTMENT OF THE MILITARY

Chapter 50:01:01 Armory control boards and rental policy

ARSD 50:01:01:01 Definitions

Terms defined in SDCL 33-1-1 have the same meaning in this chapter. In addition, terms used in this chapter, unless the context plainly requires otherwise, mean:

(1) "Single-unit armory," an armory that is solely occupied by a company, battery, detachment, battalion, group, or brigade headquarters;

(2) "Multiple-unit armory," an armory which is occupied by more than one national guard or reserve unit;

(3) "Joint-user armory," an armory constructed with funds provided by other participants such as cities, counties, and schools;

(4) "Armory control board," that entity which is responsible for the carrying out of the rules and policies established by the board of military affairs;

(5) "Board of military affairs," that board established pursuant to SDCL 33-1-17 to 33-1-19, inclusive.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-10.

ARSD 50:01:01:02 Armory control board

The armory control board is responsible for the occupancy and use of the armory subject to the control of the department of military and veterans affairs. The armory control board shall coordinate all use of the armory for unit drill dates and rentals for the classifications set forth in this chapter. The armory control board shall either resolve complaints or refer them to the board of military affairs. The armory control board may make recommendations to the board of military affairs concerning rules and regulations governing the use of armories.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-10.

ARSD 50:01:01:03 Membership of control board

For each armory under the control of the department of military and veterans affairs the armory control board is composed as follows:

(1) In a single-unit armory the senior commander is the board;

(2) In a multiple-unit armory the commander of each unit is the board. The senior commander is in charge;

(3) In a joint-user armory the board shall consist of one national guard or reserve officer from each unit occupying the armory and one representative from each of the other participants as listed in subdivision 50:01:01:01(3). The senior national guard member is in charge.

In a joint-user armory where the other participants do not participate in the management of the armory, the control board shall be as provided for a single- or multiple-unit armory, as applicable. The participants may exercise their right to use the armory under agreed upon conditions.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-10.

ARSD 50:01:01:04 Final authority

The board of military affairs shall have final authority in all matters governing the use of armories, including joint-use armories.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-10.

ARSD 50:01:01:05 Repealed

Reporting supervisor's name.** Repealed.

History

• Source: SL 1975, ch 16, § 1; repealed, 10 SDR 148, effective July 12, 1984.

ARSD 50:01:01:06 Repealed

Armory governing board.** Repealed.

History

• Source: SL 1975, ch 16, § 1; repealed, 10 SDR 148, effective July 12, 1984.

ARSD 50:01:01:07 Repealed

Multiple-use armories.** Repealed.

History

• Source: SL 1975, ch 16, § 1; repealed, 10 SDR 148, effective July 12, 1984.

ARSD 50:01:01:08 Repealed

Armory dedication fact sheet.** Repealed.

History

• Source: SL 1975, ch 16, § 1; repealed, 10 SDR 48, effective July 12, 1984.

ARSD 50:01:01:09 Establishment of rental policy

The control board for each armory under the control of the department of military and veterans affairs shall establish a rental policy in accordance with this chapter. The policy shall address, but not be limited to, the hours of operation, space available for renting, rental rate schedules, rental classifications, deposits, receipts, damages, leases, other facilities, and alcoholic beverages.

History

• Source: 4 SDR 77, effective May 24, 1978; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-2, 33-11-3, 33-11-4, 33-11-9, 33-11-10.

ARSD 50:01:01:10 Lease responsibility -- Approval of rental rates

Armory control boards may enter into lease agreements. Rates shall conform to the schedule established by the armory control board and shall be approved by the board of military affairs. The board of military affairs may modify or reject rental rates. Interim approval of rates shall be given by the adjutant general, who shall then submit the schedule to the board of military affairs. A copy of the rental policy shall be prominently posted in a public place in each armory.

History

• Source: 4 SDR 77, effective May 24, 1978; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-2, 33-11-3, 33-11-4, 33-11-9, 33-11-10.

ARSD 50:01:01:11 Government leases negotiated by the adjutant general -- Subject to board of military affairs approval

Local, state, or federal government agencies requesting the lease of armory facilities for more than 30 days shall negotiate for space and rental fees with the adjutant general. Agreements must conform to SDCL 1-24 and are subject to approval by the board of military affairs.

History

• Source: 4 SDR 77, effective May 24, 1978; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 1-24, 33-11-2, 33-11-3, 33-11-4, 33-11-9, 33-11-10.

ARSD 50:01:01:12 Rental classifications and rates

The armory control board shall establish hourly base rates that will cover the cost of operation. This base rate shall be paid by all lessees irrespective of classification unless waived by the adjutant general.

The armory control board shall establish a rental schedule for the drill floor and associated areas for groups classified as private for profit, not for profit and charitable, government, and athletic groups. Rates established for each classification shall take into account the use to be made of the armory. Types of use are profit ventures, fund raisers, athletics, nonpublic, meetings, and schools. Armory control boards who want to establish additional groups or uses shall submit their request to the adjutant general for interim approval.

History

• Source: 4 SDR 77, effective May 24, 1978; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-2, 33-11-3, 33-11-4, 33-11-9, 33-11-10.

ARSD 50:01:01:13 Rental rates for other facilities

The rental schedule shall include rates for each area that may be available for rent in addition to the drill floor. The schedule shall include a rate for equipment that is available for rent.

History

• Source: 4 SDR 77, effective May 24, 1978; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-2, 33-11-3, 33-11-4, 33-11-9, 33-11-10.

ARSD 50:01:01:14 Opening and closing costs

A hourly fee for custodian's services shall be charged when the rental requires the opening or closing of the facility outside regular working hours.

History

• Source: 4 SDR 77, effective May 24, 1978; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-2, 33-11-3, 33-11-4, 33-11-9, 33-11-10.

ARSD 50:01:01:15 Deposit

A deposit of $100 to cover damages and cleanup shall be given before a lessee occupies the armory. The deposit shall be in the form of a certified check made payable to the state of South Dakota. If the terms of the lease are complied with so far as the state of return of the premises is concerned or if compensation is made for any damages, the certified check shall be returned. If not, the check shall be forwarded to the adjutant general.

Any not for profit or charitable group may request a waiver or reduction of the required deposit upon written application to the adjutant general.

History

• Source: 4 SDR 77, effective May 24, 1978; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-2, 33-11-3, 33-11-4, 33-11-9, 33-11-10.

ARSD 50:01:01:16 Receipt

Prenumbered receipts furnished by the adjutant general shall be given for all payments received. The receipts shall be issued in triplicate with the original going to the lessee, the second copy to the adjutant general, and the third copy to the armory records.

History

• Source: 4 SDR 77, effective May 24, 1978; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-2, 33-11-3, 33-11-4, 33-11-9, 33-11-10.

ARSD 50:01:01:17 Form of lease

A prenumbered lease document supplied by the adjutant general shall be used for the rental of armory facilities and equipment. The lease supplied shall be treated as a controlled document and the armory control board is responsible and accountable for all lease forms issued. The lease shall be executed in the name of the adjutant general by a person authorized by the control board and by an authorized representative of the lessee.

History

• Source: 4 SDR 77, effective May 24, 1978; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-2, 33-11-3, 33-11-4, 33-11-9, 33-11-10, 20-13-23.

ARSD 50:01:01:18 Rental fund accountability -- Deposit of funds

All payments made for rental charges and unreturned deposits shall be transmitted monthly to the adjutant general for deposit in the special militia fund. A copy of the lease shall be sent with the payment. Rent shall be collected in advance of occupancy or use by the lessee and shall be paid by certified check made payable to the state of South Dakota. The armory control board is accountable for all funds and payments made incidental to the rental of the facility.

All armory rental accounts shall be inspected by the adjutant general at least every 24 months.

History

• Source: 4 SDR 77, effective May 24, 1978; 10 SDR 148, effective July 12, 1984; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-10.
• Law Implemented: SDCL 33-11-2, 33-11-3, 33-11-4, 33-11-9, 33-11-10, 33-12-30.

ARSD 50:01:01:19 Repealed

Operational cost accountability -- Deposit in special account.** Repealed.

History

• Source: 4 SDR 77, effective May 24, 1978; repealed, 10 SDR 148, effective July 12, 1984.

ARSD 50:01:01:20 Repealed

Annual accounting -- Transmittal of funds -- Deposit in special militia fund.** Repealed.

History

• Source: 4 SDR 77, effective May 24, 1978; repealed, 10 SDR 148, effective July 12, 1984.

Chapter 50:01:02 Open mess facilities

ARSD 50:01:02:01 Definitions

Terms used in this chapter, unless the context plainly requires otherwise, mean:

(1) "AAGAR," assistant adjutant general army;

(2) "AR," army regulation;

(3) "Bona fide guest," a person whose presence within the premises of the mess is in response to a specific invitation of an active member and for whom the host personally assumes responsibility, including payment for services rendered the guest by the open mess.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:02 Location

A South Dakota national guard open mess is hereby established in building C-3, Camp Rapid, Rapid City, South Dakota, to provide services essential to messing and recreation of officers, warrant officers, noncommissioned officers, and specialists and enlisted personnel of the first three pay grades and their dependents.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:03 Responsible officer

The Camp Rapid open mess shall be under the direction of the assistant adjutant general for army.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:04 Branch outlets

Camp Rapid open mess branch outlets may be established for greater convenience where it is determined that the military population is widely dispersed. They shall be designated as branches of the parent activity and may bear appropriate branch designations. Records of account shall be maintained in the name of the parent mess.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:05 Open mess board of governors

An open mess board of two officers, one warrant officer, and two enlisted men shall be appointed by the adjutant general to serve as the board of governors and to establish policy together with the AAGAR. These shall include but not be limited to the day to day operation of the mess. House rules shall be prominently displayed on the open mess bulletin board and shall include as a minimum the following:

(1) Types of activities to be operated;

(2) Days and hours of operation;

(3) Identification for admittance;

(4) Rules governing admittance and conduct of guests;

(5) Rules governing dress of patrons;

(6) Procedures for membership;

(7) Check cashing privileges;

(8) Procedures for handling delinquent accounts;

(9) Dues structure; and

(10) Credit policies for the mess.

History

• Source: SL 1975, ch 16, § 1; transferred from § 50:01:02:21, 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:06 Membership

Membership in the Camp Rapid open mess is voluntary. Persons eligible for membership may not be requested to give reasons for declining membership. Membership is confined to the following categories:

(1) Active membership, active members of the South Dakota national guard;

(2) Associate membership, members of the regular military establishment and nonmilitary technicians, national guard employees, retired persons, adult dependents of active members, and unremarried widows of deceased national guard personnel;

(3) Honorary membership, those persons designated by the board of governors who do not pay dues, confined to a limited number of individuals who make outstanding contributions to the national guard community, e.g., distinguished local governmental, civil, and business community officials. Persons eligible for active or associate membership may not be extended honorary membership.

History

• Source: SL 1975, ch 16, § 1; transferred from § 50:01:02:08, 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:07 Privileges denied

Individual open mess membership privileges may be denied to or withdrawn from active, associate, or honorary members by the board of governors, under such conditions as may be approved by the AAGAR.

Cross-Reference: Open mess board of governors, subdivision 50:01:02:05(4).

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:08 Transferred

Transferred to § 50:01:02:06.**

ARSD 50:01:02:09 Dues

Dues shall be fixed by the board of governors and approved by the AAGAR and shall entitle the member to one year's membership, based on a calendar year. Associate members temporarily present may be granted a reduced membership fee for a limited period of time.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:10 Patronage of facilities limited

The patronage of open mess facilities is limited to members and their dependents, bona fide guests of active members, and armed forces personnel and other individuals temporarily present at the camp in a transient status pursuant to the conduct of official business.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:11 Identification

The board of governors shall establish positive control measures to insure that patronage is restricted to those persons authorized by § 50:01:02:10. Such measures shall include a membership or temporary patronage authorization identification system.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:12 Executive control

The open mess is controlled by the board of governors and the AAGAR who shall appoint a custodian or manager. The board of governors shall meet at least quarterly. It shall submit recommendations for the operation of the mess to the AAGAR who may approve or disapprove them.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:13 Duties of custodian or manager

The custodian or manager must be a member of the South Dakota national guard. He is responsible to the AAGAR for overall management policies and the performance of duty by assistants and employees. His duties are as follows:

(1) Report to the AAGAR and the board recommendations as applicable;

(2) Be responsible to the AAGAR for financial planning and management to insure the most efficient utilization of capital resources in the operation of the open mess;

(3) Receive, safeguard, disburse, and account for funds and other assets of the open mess;

(4) Cause to be put into effect all management policies as directed by the AAGAR;

(5) Be financially liable for losses of funds and property only when dishonesty, fraud, or culpable negligence on his part is established;

(6) Be responsible for monthly reports and certify that such statements and reports accurately reflect the financial condition of the mess;

(7) Be responsible for all records, including all accounts and records of open mess property, and transactions pertaining to them;

(8) Employ, discharge, train, and supervise personnel;

(9) Supervise a coupon system if one is used;

(10) Prepare budgets;

(11) Be a nonvoting member of the board;

(12) Serve as open mess purchasing and contracting officer;

(13) Assume the duties of the manager in the absence of the manager or if the open mess does not employ a manager;

(14) Plan for the replacement of property and for the financing of other normal future requirements;

(15) Be responsible for the business management aspects of the open mess, including its financial operations, food and beverage services, and any other income producing or service activity.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:14 Custodian or manager's pay

The custodian or manager's pay shall be determined by the board of governors.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:15 Veto of acts by the adjutant general

The adjutant general may veto any acts of the board of governors in connection with activities of an open mess which he deems not in the best interest of the national guard.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:16 Administration

The AAGAR has jurisdiction over, and is responsible for, the establishment, administration, operation, financial condition, including solvency and stability, and dissolution of the mess. He shall perform the following duties:

(1) Direct the operation of the mess in accordance with this chapter and with policies and directives of the board;

(2) Approve financial statements and reports of the board; the scope of the activities, services, and facilities and the rules and internal controls pertaining to them; and the membership dues structure;

(3) Appoint disinterested officers and NCOs who are not employed by the mess to take inventories as required in subdivision 50:01:02:29(3);

(4) Ascertain that the open mess is being properly administered, its funds are safeguarded, and all income is received in full and properly recorded; prescribe procurement activities; and insure that all disbursements are made only for the purpose for which the fund was established;

(5) Approve all purchases over $500 except merchandise for resale, as required by § 50:01:02:24.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:17 Loan of funds prohibited

Lending of open mess funds to individuals is prohibited.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:18 Inspections

Inspection of the Camp Rapid open mess shall be conducted as required by the AAGAR.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:19 Operation

Open messes shall be operated in an economical, efficient, and businesslike manner which will insure solvency and financial stability at all times. Unless otherwise authorized by the AAGAR and approved by the adjutant general, current liabilities may not exceed current assets.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:20 Income

Income of an open mess shall consist of fees and dues paid by members, net income from service charges for authorized activities, interest on investments and savings accounts, proceeds from sales of mess-owned property or equipment considered excess to the needs of an active open mess, and proceeds from amusement machines.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:21 Transferred

Transferred to § 50:01:02:05.**

ARSD 50:01:02:22 Activities authorized

Within its resources, the open mess may provide recreational, morale, and incidental income-producing facilities, equipment, and services for the conduct of activities for its members as considered necessary and proper by the board and approved by the AAGAR. Activities authorized to the open mess include:

(1) Messing;

(2) Incidental income-producing activities carried on in conjunction with recreational and morale functions. These activities include, but are not limited to, dances and bazaars;

(3) Sale of merchandise, limited to alcoholic beverages by the drink, tobacco products, soft drinks, confections, and incidental food.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:23 Purchasing officers

Open mess custodians and managers designated as purchasing officers and contracting officers shall execute a sworn statement declaring no conflict of interest by reason of association with or by having a monetary interest in any open mess vendor, supplier, or contractor.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:24 Purchases

Merchandise, supplies, equipment, and services shall be purchased in the open market to the best advantage of the fund, price and other factors considered, without favoritism and without regard to prices locally established. All purchases over $500 except the purchase of merchandise for resale must be approved by the AAGAR.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:25 Alcoholic beverages purchases

Purchase of alcoholic beverages shall be made from South Dakota licensed wholesalers and distributors only. Such purchases may be made on the basis of 30-day credit. As far as practicable, payment shall be made on delivery.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:26 Sales subject to taxes

Sales subject to tax.** Other merchandise for resale purchased from wholesalers shall be subject to whatever credit terms may be worked out with the supplier to the best advantage of the open mess. A certificate of exemption from state sales tax may be given to the vendor if required by him. Gross receipts from the sale of these items as well as all merchandise, supplies, and beverages sold by the open mess are subject to state and local excise taxes.

Cross-References: Retail sales and service tax, SDCL 10-45; Bimonthly return and remittance, SDCL 10-45-27.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:27 Contracting officer

The fund custodian is the contracting officer for the unappropriated fund; however, a designated purchasing or contracting officer may be appointed as agent of the custodian for the purpose of negotiating, awarding, and administering any contract or procurement transaction. The fund may not incur an obligation in an amount which exceeds the current financial resources of the fund without specific approval of the adjutant general.

Cross-Reference: Duties of custodian or manager, § 50:01:02:13.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:28 Conformance with army regulations

As far as practicable, procedures for contracting for supplies shall be as provided in AR 215-1 to AR 215-5, inclusive (February 26, 1986).

Reference: AR 215-1 to AR 215-5, inclusive, published in Morale, Welfare, and Recreation Update, Issue Number 9, February 26, 1986, by Headquarters, Department of the Army, Washington, D.C. Photocopies of individual regulations may be obtained free of charge from the Adjutant General's Office, Department of Military and Veterans' Affairs, Camp Rapid, Rapid City, South Dakota 57701.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:29 Accounting

As far as practicable, accounting procedures for the open mess shall be in accordance with AR 215-1 to AR 215-5, inclusive (February 26, 1986), and instructions of the state auditor general contained in audits performed by his office. In addition:

(1) All transactions shall be recorded and posted currently so that periodic audits, statements, and reports can be made without delay;

(2) A copy of the monthly financial statement shall be displayed conspicuously on the open mess bulletin board during the ensuing month;

(3) Inventories shall be taken at least monthly by mess employees when the mess has been open during the month and at least quarterly by disinterested parties appointed by the AAGAR under subdivision 50:01:02:16(3);

(4) All sales shall be made from the earliest purchases, and the merchandise on hand at inventory date shall be prorated back over the most recent purchases to determine cost in accordance with the method of inventory valuation generally known as first-in first-out at cost;

(5) Merchandise on hand that is to be returned to vendors shall not be counted unless it has been charged to the mess inventory. Broken cases of unopened packages shall be included in the inventory, but individual opened packages in the open mess shall not be included;

(6) The adjusting and closing of entries shall be as provided in AR 215-1 to AR 215-5, inclusive (February 26, 1986);

(7) The books and records of open mess funds may be closed on a monthly, semiannual, or annual basis at the option of the AAGAR. If the books and records are closed other than monthly, monthly adjusting entries shall be recorded and posted.

Reference: AR 215-1 to AR 215-5, inclusive, published in Morale, Welfare, and Recreation Update, Issue Number 9, February 26, 1986, by Headquarters, Department of the Army, Washington, D.C. Photocopies of individual regulations may be obtained free of charge from the Adjutant General's Office, Department of Military and Veterans' Affairs, Camp Rapid, Rapid City, South Dakota 57701.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:30 Inactivation

Upon notification of inactivation or standby status by the adjutant general, the AAGAR shall take such action as he considers necessary to preclude improvident or extravagant expenditure of assets prior to the dissolution of the open mess.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:31 Disposition of assets

Upon dissolution or inactivation of the open mess, the board of governors with the AAGAR shall determine the disposition of assets of the open mess in such a manner as to best effect a maximum recoupment of assets, which shall be placed in the open mess fund.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:32 Use of funds

Open mess funds shall be used for the purpose of providing services essential to the messing, morale, welfare, and recreation of commissioned officers, warrant officers, noncommissioned officers, other enlisted personnel, and their dependents. Open mess funds generally shall be utilized under guidelines set forth in AR 215-1 to AR 215-5, inclusive (February 26, 1986), in a manner and for those priorities set by the board of governors.

Reference: AR 215-1 to AR 215-5, inclusive, published in Morale, Welfare, and Recreation Update, Issue Number 9, February 26, 1986, by Headquarters, Department of the Army, Washington, D.C. Photocopies of individual regulations may be obtained free of charge from the Adjutant General's Office, Department of Military and Veterans' Affairs, Camp Rapid, Rapid City, South Dakota 57701.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

ARSD 50:01:02:33 Reports to adjutant general

The proceedings of the board of governors on utilization of the open mess fund shall be recorded and submitted to the adjutant general for approval.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11-12.
• Law Implemented: SDCL 33-11-12.

Chapter 50:01:03 National guard museum

ARSD 50:01:03:01 Definitions

Terms used in these rules mean:

(1) "Executive board," the adjutant general; assistant adjutant generals, army and air; the state headquarters G-1; and the chairman of the board of directors;

(2) "Board of directors," the board appointed by the adjutant general to administer and manage the state national guard museum and its annexes;

(3) "Adjutant general club," an individual or organization who contributes a minimum of $500;

(4) "Charter member," an individual member in perpetuity of the state national guard museum association;

(5) "Unit or individual membership," an individual membership or an organizational annual membership for units of the South Dakota national guard or civic, service, or other associations who are voted membership by the board of directors;

(6) "Contributor member," individual voted membership by the board of directors for their support to the museum; and

(7) "Quorum," a majority of the membership of the board of directors.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-3.

ARSD 50:01:03:02 Executive board responsibilities and authority

The executive board shall meet on call of the adjutant general. The executive board shall establish policy for the operation of the state national guard museum and annexes.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-3.

ARSD 50:01:03:03 Board of directors -- Appointment

The adjutant general shall appoint all members to the board of directors. Members shall serve for the term appointed, unless replacement is requested because of resignation or failure to attend scheduled meetings. Board members shall serve without compensation.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-3.

ARSD 50:01:03:04 Board of directors -- Responsibilities and authority

The board of directors shall manage the state national guard museum and annexes. Its responsibilities include the following:

(1) Development of annual budget for each fiscal year, July 1 to June 30;

(2) Obligation of funds;

(3) Use, renovation, repair, and maintenance of buildings for museum purposes;

(4) Upkeep of grounds;

(5) Provision of utilities and telephone services;

(6) Conservation of historical properties;

(7) Sign painting and similar services;

(8) Security of grounds, buildings, and historical collections, including construction, fire protection, and installation of alarm systems and other safety or security measures;

(9) Designation of annexes to the state national guard museum;

(10) Employment of curators;

(11) Authorization of travel or transportation expenses in connection with museum activities;

(12) Acquisition of insurance;

(13) Purchasing of supplies and equipment;

(14) Coordination of information services and printing of brochures and other material; and

(15) Provision of display or exhibit cases, panels, museum furniture, special lights, and similar items.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-2, 33-11A-3, 33-11A-4.

ARSD 50:01:03:05 Board of directors -- Election of officers

Annually, prior to July 1, the board of directors shall elect from board members, by majority vote, a chairman, vice-chairman, secretary, and treasurer to serve during the next fiscal year. Officers and board members shall serve without compensation. The board of directors shall submit an annual report of election to the adjutant general prior to July 1.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-3.

ARSD 50:01:03:06 Board of directors -- Meetings, minutes, and conduct of business

Meetings of the board of directors shall be held on call of the chairman or the adjutant general. The board shall conduct its business during scheduled meetings. Minutes of each meeting shall be taken by the secretary. Decisions of the board shall be decided only when a quorum is present to vote and then by majority vote of the members present. The secretary shall submit a copy of the minutes of each meeting, after approval of the board of directors, to the adjutant general.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-3.

ARSD 50:01:03:07 Acquisitions and loan of historical properties

The board of directors may meet eligibility requirements for the acquisition and loan of historical properties under the provisions of AR 870-20 (September 28, 1976, as amended on December 15, 1978).

The board of directors may accept items of historical significance by donation, loan, or grant under conditions mutually agreeable to the donor and the board.

The board of directors may loan historical items for specified periods to other museums under agreement to provide adequate protection and exhibit of the items loaned.

Reference Note: AR 870-20 (September 28, 1976, as amended on December 15, 1978), pages i to F-1, Department of the Army, U.S. Army AG Publication Center, 2800 Eastern Boulevard, Baltimore, MD 21220. Copies may be obtained free of charge from the Adjutant General's Office, Department of Military and Veterans' Affairs, Camp Rapid, Rapid City, SD 57701.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-4.

ARSD 50:01:03:08 South Dakota national guard museum association -- Classification of membership

Membership in the South Dakota national guard museum association is voluntary. Persons or organizations eligible for membership may not be required to give reasons for declining membership in the association. Membership classifications are as follows:

(1) Adjutant general club. An individual or organization that contributes a minimum of $500 to the national guard museum which may be paid in not more than five annual installments;

(2) Charter member. An individual contributor membership may be obtained by or on behalf of a member of the South Dakota national guard or retired or deceased former member of the South Dakota national guard by application and contribution of a cash donation of $100;

(3) Organizational sustaining member. Group sustaining membership for South Dakota national guard units or for civic or service organizations for one year may be obtained by application and contribution of a total sum of money equal to one dollar for each member of the group at the time of application. Membership is for the fiscal year specified in the application;

(4) Individual sustaining member. Any person may apply for an individual sustaining membership by application to the board of directors and the payment of a $10 annual membership fee. Membership is for the fiscal year specified in the application; and

(5) Contributor member. Honorary membership may be granted by the board of directors to persons or organizations who deserve recognition through donation of material, equipment, funds, or historical items or through other support.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-4.

ARSD 50:01:03:09 Membership roster posted

Adjutant general club, charter members, and organizational sustaining members shall be recognized by name on a membership roster posted in the museum.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-4.

ARSD 50:01:03:10 Funds to finance museum operations

Appropriated or nonappropriated funds, including those derived from private contributions and membership fees, may be used to pay the expenses to operate the South Dakota national guard museum and authorized annexes.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-4.

ARSD 50:01:03:11 Expenditure of budgeted funds

Expenditure of funds authorized by the annual fiscal year budget approved by the board of directors may be made by signature of the chairman and the treasurer of the board of directors.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-4.

ARSD 50:01:03:12 Deposit and investment of funds

All money collected from the adjutant general club and charter members shall be deposited into a special trust account with the state treasurer. The funds on deposit shall be invested by the South Dakota investment council. The fund may be used for the operation and maintenance of the South Dakota national guard museum and its annexes. Prorated earnings shall be credited to the fund.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-4.

ARSD 50:01:03:13 Financial report -- Executive board

The board of directors shall submit an annual audit report to the executive board within 90 days after the close of the fiscal year. The report shall include a financial statement detailing assets and liabilities, fiscal year budget, receipts, expenditures, encumbrances, fund balances, and organization.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-4.

ARSD 50:01:03:14 Veto power of adjutant general

The adjutant general may veto any acts of the board of directors in connection with activities of the South Dakota national guard museum which he considers not in the best interests of the national guard.

History

• Source: 9 SDR 24, effective August 29, 1982; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-11A-3.
• Law Implemented: SDCL 33-11A-3.