An Act to repeal provisions regarding the state payment for burial of veterans.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 33A-2-1 be AMENDED:

33A-2-1. For the purposes of all statutes relating to the rights, privileges, ceremonial recognition, exemptions, and benefits (except a state bonus) of veterans and their dependents, the term, veteran, of a veteran and a dependent of a veteran, "veteran," means any person individual who:

(1) Has served the full obligation for active duty, reserve, or National Guard service in the military, or received an early discharge for a medical condition, hardship, reduction in force, or at the convenience of the military; and

(2) Has been separated or discharged from such the service honorably or under honorable conditions.

For the purposes of this section, the term, benefits, includes veterans "benefits," include a veteran designation on a driver license or identification card, veterans license plates, veterans a veteran license plate, and a veteran's job preference, and burial benefits pursuant to § 33A-5-2 and exclude a state bonus.

Section 2. That § 33A-5-2 be REPEALED.

The state shall pay a sum not to exceed one hundred dollars for the burial of a veteran. Any veteran as defined by § 33A-2-1 or the veteran's spouse shall be buried at the expense of the state if:

(1) The veteran was a citizen of the United States and a resident of South Dakota for one year preceding the veteran's entrance into military service or preceding the veteran's death;

(2) The veteran's estate or the estate of the veteran's spouse, whether living or deceased, or the immediate family or relatives of the veteran or the veteran's spouse are unable to defray the expenses of the veteran's or the veteran's spouse's funeral; and

(3) The surviving spouse or relatives of the deceased veteran furnish an affidavit acceptable to the county or tribal veterans' service officer or field officer of the Department of Veterans Affairs that the estate of the decedent or of his or her surviving spouse is not sufficient to defray the funeral expenses.

A claim for payment or reimbursement of the burial shall be filed or presented to the Department of Veterans Affairs within one year of the date of the burial.

Section 3. That § 33A-5-4 be REPEALED.

If a headstone is provided by the United States government for the purpose of marking the grave of a veteran who had been a resident of South Dakota for one year preceding entrance into military service or preceding death or if a memorial headstone or marker is provided by the United States government to commemorate any member of the armed forces of the United States dying in the service, whose remains have not been recovered or identified or were buried at sea, the veterans' service officer or field officer shall cause the headstone or memorial headstone or marker to be erected. The expense of erecting the headstone or memorial headstone or marker must be paid by the state and may not exceed two hundred dollars. No payment for the expense is allowed unless a claim is filed with the Department of Veterans Affairs within one year of the date the headstone or memorial headstone or marker is erected.

An individual responsible for the execution of the estate of a deceased veteran authorized to receive a headstone or memorial headstone or marker may elect to purchase a headstone at personal expense but may receive the one-hundred-dollar state stipend for erecting the headstone or memorial headstone or marker if the name, rank, branch of service, and dates of birth and death of the veteran are professionally etched on the backside of the headstone.

Section 4. That § 33A-5-5 be REPEALED.

All public expenses incurred under the provisions of §§ 33A-5-2 and 33A-5-4, may only be approved, allowed, and certified by the county or tribal veterans service officer or employee of the Department of Veterans Affairs upon forms provided by the Department of Veterans Affairs. The county or tribal veterans service officer shall forward the forms to the Department of Veterans Affairs. The department shall certify and forward the forms to the state auditor.

Upon receipt of the certified forms, the state auditor shall draw a warrant on the state treasurer in favor of the person or persons entitled to the payment for the amount specified on the forms.

Section 5. That § 33A-5-6 be REPEALED.

There is hereby annually appropriated out of the money in the state treasury a sum sufficient to carry out the provisions of §§ 33A-5-2 to 33A-5-5, inclusive.