TITLE 33A
VETERANS AFFAIRS
Chapter
01 State And County Veterans Agencies
02 Veterans And Servicemember Benefits
03 Veterans' Guardianships [Repealed]
04 South Dakota State Veterans Home
05 Burial Of Veterans
CHAPTER 33A-1
STATE AND COUNTY VETERANS AGENCIES
33A-1-1 Veteran defined.
33A-1-2 Department assistance to veterans and dependents.
33A-1-3 Office space for department.
33A-1-4 Repealed.
33A-1-5 Repealed.
33A-1-6 Repealed.
33A-1-7 Repealed.
33A-1-8 Promulgation of rules on procedures and standards.
33A-1-9 33A-1-9. Repealed by SL 2015, ch 175, § 1.
33A-1-10 Office and personnel.
33A-1-11 Annual report.
33A-1-12 Qualifications of employees--Duties.
33A-1-13 Representation of veterans.
33A-1-14 33A-1-14. Repealed by SL 2015, ch 175, § 2.
33A-1-15 Burial of veterans.
33A-1-16 Benefits secured by department.
33A-1-17 33A-1-17, 33A-1-18. Repealed by SL 2011, ch 152, §§ 10, 11.
33A-1-19 Assistant attorney general assigned to department.
33A-1-20 Investigative authority of department--Access to records.
33A-1-21 Department records as confidential--Exceptions.
33A-1-22 County veterans' service officer--Approval by secretary of veterans affairs.
33A-1-23 County commissioners to assist service officer.
33A-1-24 Duties of county veterans service officer--Direction by department.
33A-1-25 Qualifications of county veterans' officer.
33A-1-26 Training program for county veterans service officers--Attendance and testing--Certification of compliance.
33A-1-27 33A-1-27. Repealed by SL 2015, ch 175, § 3.
33A-1-28 Salary and budget of county service officer--Office space and equipment.
33A-1-29 Tribal veterans' service officers.
33A-1-30 Salary reimbursement and services for Indian tribes and service officers--Tribes responsible for financial obligations.
33A-1-31 State aid for salaries of county service officers--Maximum reimbursement.
33A-1-32 County service officers--Basic salary schedule.
33A-1-33 Training of county officer required for state reimbursement.
33A-1-34 Construction of chapter.
33A-1-1. Veteran defined.
For the purposes of this chapter, a veteran is a person who meets the provisions of § 33A-2-1.
Source: SL 1944 (SS), ch 3, § 1; SL 1953, ch 218, § 1; SDC Supp 1960, § 41.0401; SL 2007, ch 187, § 149; SDCL § 33-16-1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 1; SL 2015, ch 174, § 1, eff. Feb. 18, 2015.
33A-1-2. Department assistance to veterans and dependents.
The Department of Veterans Affairs shall aid in meeting the emergency needs of dependents of men and women in the armed services and shall represent the interest of veterans and their dependents in claims they have against the federal government or other agencies growing out of the service of those veterans.
Source: SL 1944 (SS), ch 3, § 1; SL 1953, ch 218, § 1; SDC Supp 1960, § 41.0401; SDCL § 33-16-2; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 20, 23, eff. Apr. 12, 2011; SL 2011, ch 152, § 2.
33A-1-3. Office space for department.
Office space for the Department of Veterans Affairs must be provided in the Soldiers and Sailors Memorial Building or in other suitable space at the state capital.
Source: SL 1944 (SS), ch 3, § 9; SDC Supp 1960, § 41.0409; SDCL § 33-16-3; SL 2011, ch 1 (Ex. Ord. 11-1), § 141, eff. Apr. 12, 2011; SL 2023, ch 111, § 1.
33A-1-4. Repealed.
Source: SL 1944 (SS), ch 3, § 2; SDC Supp 1960, § 41.0402; SL 1972, ch 189; SL 1976, ch 19, § 8; SL 1976, ch 205; SL 1987, ch 29, § 86; SL 1994, ch 267, § 4; SDCL § 33-16-4; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2020, ch 140, § 9.
33A-1-5. Repealed.
Source: SL 1973, ch 2, § 273; SDCL § 33-16-4.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 142, eff. Apr. 12, 2011; SL 2011, ch 152, § 3; SL 2020, ch 140, § 10.
33A-1-6. Repealed.
Source: SL 1944 (SS), ch 3, § 3; SL 1945, ch 178, § 1; SDC Supp 1960, § 41.0403; SL 1976, ch 206, § 1; SDCL § 33-16-6; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 20, 142, eff. Apr. 12, 2011; SL 2011, ch 152, § 4; SL 2020, ch 140, § 11.
33A-1-7. Repealed.
Source: SL 1944 (SS), ch 3, §§ 3, 4; SL 1945, ch 178, § 1; SDC Supp 1960, §§ 41.0403, 41.0404; SL 1970, ch 190; SL 1986, ch 27, § 25; SL 1986, ch 272, § 20; SDCL § 33-16-7; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2020, ch 140, § 12.
33A-1-8. Promulgation of rules on procedures and standards.
The Department of Veterans Affairs may promulgate rules, pursuant to chapter 1-26, to:
(1) Provide procedures and standards for department personnel to act as agents for veterans pursuant to § 33A-1-13;
(2) Provide procedures and standards for cooperation and administration of burial of veterans pursuant to § 33A-1-15;
(3) Provide procedures and requirements to assist in securing veterans' benefits and to train county and tribal veterans service officers to provide such assistance pursuant to § 33A-1-16; and
(4) Provide procedures for investigations pursuant to § 33A-1-20.
Source: SL 1986, ch 272, § 21; SL 1993, ch 213, § 219; SDCL § 33-16-7.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 5; SL 2015, ch 174, § 2, eff. Feb. 18, 2015; SL 2018, ch 199, § 2.
33A-1-10. Office and personnel.
The secretary of the Department of Veterans Affairs shall establish and maintain an office and field force to carry out the provisions of this chapter, including representation at the United States Department of Veterans Affairs facilities in this state.
Source: SL 1944 (SS), ch 3, § 4; SDC Supp 1960, § 41.0404; SL 1965, ch 174, § 1; SL 2007, ch 187, § 151; SDCL § 33-16-11; SL 2011, ch 1 (Ex. Ord. 11-1), § 145, eff. Apr. 12, 2011; SL 2011, ch 152, § 6; SL 2023, ch 111, § 2.
33A-1-11. Annual report.
The secretary shall make an annual written report to the Governor. The report must be open to public inspection.
Source: SL 1944 (SS), ch 3, § 6; SDC Supp 1960, § 41.0406; SDCL § 33-16-12; SL 2011, ch 1 (Ex. Ord. 11-1), § 146, eff. Apr. 12, 2011; SL 2023, ch 111, § 3.
33A-1-12. Qualifications of employees--Duties.
All employees of the Department of Veterans Affairs below the level of secretary shall be selected as provided by chapter 3-6D. However, any employee that holds the title of state veterans service officer must be a veteran who has served in the armed forces of the United States and is a citizen of the United States. All other employees must be veterans, if available. These employees shall perform duties assigned to them by the Department of Veterans Affairs.
Source: SL 1944 (SS), ch 3, § 4; SDC Supp 1960, § 41.0404; SL 2007, ch 187, § 152; SDCL § 33-16-13; SL 2011, ch 1 (Ex. Ord. 11-1), § 147, eff. Apr. 12, 2011; SL 2015, ch 176, § 1; SL 2023, ch 111, § 4.
33A-1-13. Representation of veterans.
The Department of Veterans Affairs shall act as the agent of any veteran, National Guard or Reserve member, and any dependent of a veteran or member of the state having a claim against the United States arising from or connected with service in the armed forces. The department shall prosecute the claim without charge.
Source: SL 1944 (SS), ch 3, § 5; SL 1947, ch 184; SDC Supp 1960, § 41.0405 (1); SDCL § 33-16-14; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011; SL 2011, ch 152, § 7.
33A-1-15. Burial of veterans.
The Department of Veterans Affairs shall cooperate in the administration of laws relating to burial of veterans and of other state laws for veterans' benefits.
Source: SL 1944 (SS), ch 3, § 5; SL 1947, ch 184; SDC Supp 1960, § 41.0405 (4); SDCL § 33-16-17; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011; SL 2011, ch 152, § 8.
33A-1-16. Benefits secured by department.
The Department of Veterans Affairs shall cooperate with all national, state, county, municipal, and private social agencies in securing to veterans, National Guard or Reserve members, and their dependents, the benefits provided by national, state, and county laws, municipal ordinances, or public or private social agencies.
Source: SL 1944 (SS), ch 3, § 5; SL 1947, ch 184; SDC Supp 1960, § 41.0405 (5); SL 2007, ch 187, § 153; SDCL § 33-16-18; SL 2011, ch 1 (Ex. Ord. 11-1), § 149, eff. Apr. 12, 2011; SL 2011, ch 151, § 1; SL 2011, ch 152, § 9; SL 2023, ch 111, § 5.
33A-1-19. Assistant attorney general assigned to department.
The attorney general shall assign to the Department of Veterans Affairs an assistant attorney general who is, if available, an honorably discharged war veteran. The assistant attorney general shall serve the department for a period of time deemed necessary for the adequate protection of the interests of veterans and of the state.
Source: SL 1944 (SS), ch 3, § 10; SDC Supp 1960, § 41.0410; SL 2007, ch 187, § 155; SDCL § 33-16-21; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011.
33A-1-20. Investigative authority of department--Access to records.
The Department of Veterans Affairs has access to the records of penal and charitable institutions and may investigate the status of veterans in such institutions. The department may report to the heads of such institutions and if necessary to the Governor any recommendations for the benefit of such veterans.
Source: SL 1944 (SS), ch 3, § 7; SDC Supp 1960, § 41.0407; SL 2007, ch 187, § 156; SDCL § 33-16-22; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011.
33A-1-21. Department records as confidential--Exceptions.
The contents of, and all files, records, reports, papers, and documents pertaining to, any claim for the benefits of this chapter, or chapters 33A-2 to 33A-5, inclusive, whether pending or adjudicated, are confidential and privileged except to the veteran, a veteran's dependents or their duly authorized agents. However, investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for the benefits of this chapter, or chapters 33A-2 to 33A-5, inclusive, are exempt from release to the extent that the disclosure of the material would reveal the identity of the source who furnished information to the department under an express promise that the identity of the source would be held in confidence, or, prior to July 1, 1985, under an implied promise that the identity of the source would be held in confidence.
Source: SL 1944 (SS), ch 3, § 8; SDC Supp 1960, § 41.0408; SL 1984, ch 12, § 65; SL 1985, ch 274; SDCL § 33-16-23; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011.
33A-1-22. County veterans' service officer--Approval by secretary of veterans affairs.
The board of county commissioners of each county in this state shall employ a county veterans' service officer, join with another county or counties in employing a county veterans' service officer, or contract with the Department of Veterans Affairs, to provide services as required by § 33A-1-24. Employment as a county veterans' service officer is contingent upon approval by the secretary of veterans affairs.
Source: SL 1945, ch 183, § 1; SL 1949, ch 156; SL 1953, ch 218, § 2; SDC Supp 1960, § 41.0412; SL 1968, ch 161; SL 1976, ch 206, § 2; SL 2007, ch 187, § 157; SDCL § 33-16-24; SL 2011, ch 1 (Ex. Ord. 11-1), § 150, eff. Apr. 12, 2011; SL 2024, ch 124, § 1.
33A-1-23. County commissioners to assist service officer.
The board or boards of county commissioners shall furnish the county veterans' service officer with such assistance and clerical help as may be necessary, when, in the opinion of the board or boards of county commissioners and the Department of Veterans Affairs such action would be in the public interest.
Source: SL 1945, ch 183, § 1; SL 1949, ch 156; SL 1953, ch 218, § 2; SDC Supp 1960, § 41.0412; SL 1968, ch 161; SDCL § 33-16-25; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011.
33A-1-24. Duties of county veterans service officer--Direction by department.
Each county veterans service officer shall provide, within the county or counties employing the officer, local contact between fieldmen of the Department of Veterans Affairs and persons in the armed service or those discharged from such service, and the dependents of such persons. The county veterans service officer works under the direction of the Department of Veterans Affairs.
Source: SL 1945, ch 183, § 1; SL 1949, ch 156; SL 1953, ch 218, § 2; SDC Supp 1960, § 41.0412; SL 1968, ch 161; SL 2007, ch 187, § 158; SDCL § 33-16-26; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011; SL 2015, ch 174, § 3, eff. Feb. 18, 2015; SL 2023, ch 111, § 6.
33A-1-25. Qualifications of county veterans' officer.
Each county veterans' service officer shall be a veteran who has served in the armed forces of the United States and is a citizen of the United States.
Source: SL 1945, ch 183, § 1; SL 1949, ch 156; SL 1953, ch 218, § 2; SDC Supp 1960, § 41.0412; SL 1968, ch 161; SL 1989, ch 285; SDCL § 33-16-27; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 12.
33A-1-26. Training program for county veterans service officers--Attendance and testing--Certification of compliance.
The Department of Veterans Affairs shall establish a training program for county veterans service officers. Every county veterans service officer employed under the provisions of this chapter shall annually complete the training program established by the department and successfully complete a test administered by the department. The secretary of the Department of Veterans Affairs shall certify training compliance to the board of county commissioners. The secretary shall recommend against reappointment of any county veterans service officer not in compliance with the provisions of this section.
Source: SL 1975, ch 214; SL 1990, ch 265; SL 2000, ch 163, § 1; SDCL § 33-16-27.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 151, eff. Apr. 12, 2011.
33A-1-28. Salary and budget of county service officer--Office space and equipment.
A county veterans service officer may be employed either part time or full time. The salary and budget of the officer is determined by the board or boards of county commissioners employing the officer. The officer must be provided with a secure office space, office fixtures, furnishings, and equipment, either in the courthouse or some other central and accessible location.
Source: SL 1945, ch 183, § 1; SL 1949, ch 156; SL 1953, ch 218, § 2; SDC Supp 1960, § 41.0412; SL 1968, ch 161; SL 1976, ch 206, § 3; SL 2007, ch 187, § 159; SDCL § 33-16-28; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 7.
33A-1-29. Tribal veterans' service officers.
An Indian tribe, as defined in subdivision 2-14-2(14), may appoint a veterans' service officer who shall serve under the same terms and conditions as a county veterans' service officer, as provided for in §§ 33A-1-22 to 33A-1-28, inclusive, or may contract with the Department of Veterans Affairs to provide the services of a veterans' service officer pursuant to § 33A-1-24. Such officers shall be known as tribal veterans' service officers.
Source: SL 1975, ch 215; SDCL § 33-16-28.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2024, ch 124, § 2.
33A-1-30. Salary reimbursement and services for Indian tribes and service officers--Tribes responsible for financial obligations.
Such Indian tribes and veterans' service officers shall receive the same salary reimbursement and services from the Department of Veterans Affairs as those available to county commissioners and county veteran service officers under the provisions of this chapter.
Such Indian tribes shall be entirely responsible for all financial obligations accrued by veterans' service officers, appointed pursuant to the terms of § 33A-1-29, except as provided in this section.
Source: SL 1975, ch 215; SL 1979, ch 232; SDCL § 33-16-28.2; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-1-31. State aid for salaries of county service officers--Maximum reimbursement.
The Department of Veterans Affairs may establish, implement, and maintain a program for providing financial assistance to counties in paying the salaries of county veterans service officers. No county may be reimbursed in excess of twenty-five percent of the basic salary schedule outlined in § 33A-1-32 for any fiscal year.
Source: SL 1977, ch 273, § 1; SL 1991, ch 267, § 1; SDCL § 33-16-28.3; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011; SL 2023, ch 111, § 8.
33A-1-32. County service officers--Basic salary schedule.
The basic salary schedule for county veterans' service officers, which may be adopted by any board of county commissioners, is:
(1) For counties with population of 50,000 and over, $20,625 a year;
(2) For counties with population of 20,000 to 50,000, $19,250 a year;
(3) For counties with population of 10,000 to 20,000, $16,500 a year;
(4) For counties with population of 5,000 to 10,000, $12,375 a year; and
(5) For counties with population up to 5,000, $8,250 a year.
Source: SL 1977, ch 273, § 2; SL 1984, ch 238, § 1; SL 1991, ch 267, § 2; SL 2009, ch 160, § 1; SDCL § 33-16-28.4; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 20, 2011; SL 2023, ch 112, § 1.
33A-1-33. Training of county officer required for state reimbursement.
A county may only be reimbursed pursuant to § 33A-1-31 if the county veterans' service officer employed has undergone training pursuant to §§ 33A-1-16 and 33A-1-26.
Source: SL 1977, ch 273, § 3; SDCL § 33-16-28.5; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-1-34. Construction of chapter.
The provisions of this chapter shall be construed liberally in order to effectuate its purposes.
Source: SL 1944 (SS), ch 3, § 13; SDC Supp 1960, § 41.0411; SDCL § 33-16-29; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
CHAPTER 33A-2
VETERANS AND SERVICEMEMBER BENEFITS
33A-2-1 Veteran defined.
33A-2-2 Wartime veteran and qualifying military service defined.
33A-2-3 33A-2-3. Repealed by SL 2011, ch 152, § 15.
33A-2-4 Veterans affairs department special revenue fund established.
33A-2-5 Disbursements from fund.
33A-2-6 Tax exemption for certain military sales outlets--Exceptions.
33A-2-7 Credit for amount of tax already paid.
33A-2-8 Free recordation of military discharges--Availability of document--Request form.
33A-2-9 National Guard members ordered to active duty--Federal protections.
33A-2-10 Veterans' bonus program--Definitions.
33A-2-11 Bonus board abolished--Performance of functions.
33A-2-12 Employees of department.
33A-2-13 Eligibility for bonus--Dependents of deceased veterans.
33A-2-14 Eligibility for bonus--National Guard or reserve personnel.
33A-2-15 Amount of bonus.
33A-2-16 Fractional months.
33A-2-17 Amount of bonus for dependent of deceased veteran.
33A-2-18 Bonus amount for veteran with service connected disability.
33A-2-19 Amendment of original claim or new claim by veteran with service connected disability.
33A-2-20 Disqualifying factors.
33A-2-21 Funds for payment of bonus.
33A-2-22 Payments to minors.
33A-2-23 Payments to incompetent persons.
33A-2-24 Death of eligible veteran.
33A-2-25 Promulgation of rules for payment of bonus.
33A-2-26 33A-2-26, 33A-2-27. Repealed by SL 2015, ch 175, §§ 4, 5.
33A-2-28 False application--Misdemeanor.
33A-2-29 33A-2-29. Repealed by SL 2015, ch 175, § 6.
33A-2-30 Payment not subject to claims against recipient.
33A-2-31 Separability of bonus provisions.
33A-2-32 Reestablishment of eligibility for certain veterans to receive veterans bonus.
33A-2-33 Multiple bonuses.
33A-2-34 Honorary high school diploma to be awarded to veterans serving during certain periods.
33A-2-35 Homeless veterans program or initiative.
33A-2-36 Professional or occupational credit for certain military training and experience.
33A-2-1. Veteran defined.
For the purposes of all statutes relating to rights, privileges, ceremonial recognition, exemptions, and benefits (except a state bonus) of veterans and their dependents, the term, veteran, means any person 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 service honorably or under honorable conditions.
For purposes of this section, the term, benefits, includes veterans designation on a driver license or identification card, veterans license plates, veterans job preference, and burial benefits pursuant to § 33A-5-2.
Source: New section implementing direction to Revisor of Statutes in SL 1967, ch 174, § 2, to provide for a single and uniform definition; SL 1994, ch 267, § 1; SL 2007, ch 187, § 160; SDCL § 33-17-1; SL 2010, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 13; SL 2015, ch 177, § 1.
33A-2-2. Wartime veteran and qualifying military service defined.
For purposes of all statutes relating to rights, privileges, exemptions, and benefits of wartime veterans and their dependents, the term, wartime veteran, means any veteran who has performed qualifying military service or any person who has performed qualifying military service and then been released to any National Guard or Reserve component of the armed forces of the United States. Qualifying military service is:
(1) Active duty in the armed forces of the United States for one day or more during the period from April 6, 1917, to November 11, 1918, inclusive;
(2) Active duty for one day or more during the period from July 28, 1914, to November 11, 1918, inclusive, performed by a citizen of the United States in the armed forces of any nation that was allied with the United States during any part of the period from April 6, 1917, to November 11, 1918, inclusive;
(3) Active duty in the armed forces of the United States for one day or more during the period from December 7, 1941, to December 31, 1946, inclusive;
(4) Active duty for one day or more during the period from September 1, 1939, to December 31, 1946, inclusive, performed by a citizen of the United States in the armed forces of any nation that was allied with the United States during any part of the period from December 7, 1941, to December 31, 1946, inclusive;
(5) Active duty in the armed forces of the United States for one day or more during the period from June 25, 1950, to May 7, 1975, inclusive;
(6) Active duty in the armed forces of the United States for one day or more during the period from August 2, 1990, until the end of hostilities as determined by the Legislature;
(7) Active duty in the armed forces of the United States for one day or more in a military action for which the veteran earned an armed forces expeditionary medal or other United States campaign, expeditionary, or service medal awarded for participation outside the boundaries of the United States in combat operations against hostile forces; or
(8) Active duty in the armed forces of the United States for one day or more if the veteran has established the existence of a service-connected disability.
Service on active duty by any Reserve or National Guard personnel for training may not be construed as service on active duty, unless the Department of Veterans Affairs determines, by rules promulgated pursuant to chapter 1-26, that such training involved the person in direct participation in or direct support of combat operations against a hostile force.
Source: SL 1967, ch 174, § 2; SL 1970, ch 194, § 2; SL 1976, ch 30, § 3; SL 1980, ch 236; SL 1990, ch 266; SL 1992, ch 237, § 1; SL 2003, ch 175, § 1; SL 2004, ch 224, § 1; SL 2007, ch 187, § 161; SDCL § 33-17-2; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 14; SL 2020, ch 140, § 3.
33A-2-4. Veterans affairs department special revenue fund established.
There is hereby established in the state treasury a "veterans affairs department special revenue fund." Said fund shall be used for the benefit of South Dakota veterans.
Source: SL 1967, ch 177; SL 2009, ch 161, § 1; SDCL 33-17-3; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011.
33A-2-5. Disbursements from fund.
Disbursements from the veterans affairs department special revenue fund shall be made by warrants drawn by the state auditor upon vouchers approved by the secretary of veterans affairs.
Source: SL 1967, ch 177; SDCL § 33-17-6; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011.
33A-2-6. Tax exemption for certain military sales outlets--Exceptions.
Notwithstanding any other provisions of the laws of this state, any instrumentality of the armed forces of the United States, including voluntary unincorporated organizations of military personnel, located on exclusive federal areas, engaged in resale activities may procure articles of merchandise from wholesalers, distributors, or manufacturers located in this state. No excise tax of this state, direct or indirect, other than those on intoxicating liquor or wine, may be imposed upon the sale, use, delivery, or storage of articles of merchandise to any instrumentality of the armed forces of the United States, including voluntary unincorporated organizations of military personnel, located on exclusive federal areas, engaged in resale activities, except state excise taxes that are specifically authorized by acts of the Congress of the United States.
Source: SDC 1939, § 41.0162 as added by SL 1951, ch 207; SL 2007, ch 187, § 165; SDCL § 33-17-12; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-7. Credit for amount of tax already paid.
If the tax referred to in § 33A-2-6 has been paid on articles of merchandise so sold by wholesalers, distributors, and manufacturers to such instrumentalities of the armed forces of the United States, including voluntary unincorporated organizations of army or navy personnel, located on exclusive federal areas, as evidenced by the affixing of stamps thereto, and such sales are exempted from tax by § 33A-2-6, then the secretary of revenue may authorize the state treasurer to allow any such wholesaler, distributor, or manufacturer a credit equal to the amount of the tax paid on such articles against future stamp purchases.
Source: SDC 1939, § 41.0162 as added by SL 1951, ch 207; SL 1973, ch 2 (Ex. Ord. 73-1), § 278; SDCL § 33-17-13; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-8. Free recordation of military discharges--Availability of document--Request form.
The provisions of subdivision 43-28-2(7) apply to any certificate of discharge of any person who is a veteran as defined in § 33A-2-1. The certificate shall be recorded without charge and a certified copy of each version of the veteran's discharge, excluding any copy that does not reflect the veteran's character of discharge, shall be furnished to the person named in the certificate or the person's dependents without charge if requested for the purpose of presenting or prosecuting a claim for compensation or pension. Otherwise, a discharge document recorded by the recorder or a designated official may be made available only to the veteran, the veteran's parents, the veteran's next of kin, the veteran's legal representative, a county veterans service officer, a nationally accredited veterans' organization service officer, the Department of Veterans Affairs, or the veteran's designee. Any person requesting a discharge document shall complete a form containing a statement specifying the person's eligibility to receive the document based upon this section. The Department of Veterans Affairs shall provide the forms to each county register of deeds.
Source: SL 1943, ch 37; SL 1953, ch 23; SDC Supp 1960, § 12.0712-1; SL 2003, ch 176, § 1; SDCL § 33-17-14; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 20, 152, eff. Apr. 12, 2011; SL 2011, ch 152, § 16; SL 2015, ch 174, § 4, eff. Feb. 18, 2015; SL 2018, ch 199, § 3.
33A-2-9. National Guard members ordered to active duty--Federal protections.
Any resident of this state who is a member of any state's National Guard who is ordered to active duty service by the Governor of that state or the President of the United States has all protections afforded to persons serving on federal active duty by the Servicemembers Civil Relief Act of 2003, 54 Stat. 1178, 50 App. U.S.C.A. 501-548 and 560-591, as amended to January 1, 2007, and by the Uniformed Services Employment and Reemployment Rights Act, 108 Stat. 3149, 38 U.S.C.A. 4301 to 4333, as amended to January 1, 2007.
Source: SL 2002, ch 164, § 1; SL 2007, ch 187, § 166; SDCL § 33-17-15.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2018, ch 200, § 1.
33A-2-10. Veterans' bonus program--Definitions.
For the purposes of §§ 33A-2-12 to 33A-2-33, inclusive, terms mean:
(1) "Armed forces," the United States Army, Air Force, Coast Guard, Marine Corps, Navy, and their components, including both men and women;
(2) "Bonus," the benefits provided under §§ 33A-2-10 to 33A-2-33, inclusive;
(3) "Dependents of deceased veterans," or "dependents," any person standing in relation to a deceased veteran of: surviving spouse, child, mother, father, foster mother or father, regardless of whether or not the person was actually dependent upon the deceased veteran;
(4) "Secretary," the secretary of veterans affairs appointed pursuant to § 1-46A-1;
(5) "Legal resident," a person who for a period of not less than six months immediately preceding entry into the armed forces of the United States as defined by subdivision (1) was a resident in good faith of the State of South Dakota;
(6) "Veteran," any veteran as defined in § 33A-2-1 who served in the armed forces during the period beginning January 1, 1993, to a date to be determined by the South Dakota Legislature.
Source: SL 1969, ch 173, § 1; SL 1991, ch 268, § 1; SL 1992, ch 238, § 1; SL 2004, ch 225, § 1, eff. Mar. 9, 2004; SL 2007, ch 187, § 167; SDCL § 33-17-16; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 19, 20, eff. Apr. 12, 2011; SL 2020, ch 140, § 4.
33A-2-11. Bonus board abolished--Performance of functions.
The Veterans' Bonus Board is abolished, and all its functions shall be administered by the Department of Veterans Affairs.
Source: SL 1973, ch 2 (Ex. Ord. 73-1), § 274; SDCL § 33-17-17.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 17; SL 2020, ch 140, § 5.
33A-2-12. Employees of department.
The secretary shall appoint such officers and employ such clerks, assistants, and other help as may be necessary, with utmost regard to existing veterans preference laws, and shall fix their bonds, salaries, and compensation.
Source: SL 1969, ch 173, § 4; SDCL § 33-17-19; SL 2011, ch 1 (Ex. Ord. 11-1), § 153, eff. Apr. 12, 2011; SL 2011, ch 152, § 18.
33A-2-13. Eligibility for bonus--Dependents of deceased veterans.
A veterans bonus shall be paid to any veteran, or to the dependents of a deceased veteran, if the veteran was a legal resident of the State of South Dakota for at least six months immediately preceding entry into the armed forces of the United States, if the veteran is still in the armed forces or was separated or discharged from the armed forces honorably or under honorable conditions, and if the veteran either:
(1) Served for at least thirty days on active duty in the armed forces of the United States and received or is eligible to receive the armed forces expeditionary medal, Kosovo campaign medal, global war on terrorism expeditionary medal, global war on terrorism service medal, Afghanistan campaign medal, Iraq campaign medal, or southwest Asia service medal or other United States campaign or service medal awarded for participation outside the boundaries of the United States in combat operations against hostile forces for service in the armed forces from January 1, 1993, to a date to be determined by the South Dakota Legislature; or
(2) Served for at least thirty days on active duty in the armed forces of the United States, a portion of which shall have been during the period from September 11, 2001, to a date to be determined by the South Dakota Legislature.
The act of performing military duty in the State of South Dakota at an assigned military station does not in itself constitute residency for bonus purposes. However, a veteran who does not meet the South Dakota residency requirements of this section, but who would otherwise qualify for a bonus pursuant to this section based on service in a unit of the South Dakota National Guard or a South Dakota-based unit of the armed forces reserve, is eligible for the bonus if the veteran is not eligible for a similar benefit from any other state.
Source: SL 1969, ch 173, § 7; SL 1973, ch 219, § 1; SL 1991, ch 268, § 2; SL 1992, ch 238, § 2; SL 1993, ch 243, § 1; SL 2004, ch 225, § 2, eff. Mar. 9, 2004; SL 2007, ch 187, § 168; SDCL § 33-17-20; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-14. Eligibility for bonus--National Guard or reserve personnel.
Any person who served in the National Guard or reserve and who served a period of active duty for training in the federal forces may not be included among the beneficiaries of §§ 33A-2-10 to 33A-2-33, inclusive, unless the person was called for further active duty. If the person was called for further active duty, the person is eligible for the bonus for the time so served and for the time spent in active duty for training if that time was within the eligible period fixed in § 33A-2-13. However, the department may promulgate rules, pursuant to chapter 1-26, to specify special circumstances under which service by a person who served in the National Guard or reserve in a training or active duty status may qualify for the bonus if the service involved participation in or direct support of military operations or activities that would qualify for benefits under § 33A-2-13.
Source: SL 1969, ch 173, § 7; SL 1992, ch 238, § 3; SL 2007, ch 187, § 169; SDCL § 33-17-21; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 4.
33A-2-15. Amount of bonus.
Any bonus earned pursuant to § 33A-2-13 that is based on qualifying service during the period September 11, 2001, to a date to be determined by the Legislature, shall be paid at the rate of one hundred dollars for the first month and twenty dollars for each subsequent month of active duty in the armed forces during such period, to a maximum bonus of two hundred forty dollars. However, any person who qualifies for a bonus pursuant to § 33A-2-13 and who has received or is eligible to receive a United States campaign or service medal awarded for participation outside the boundaries of the United States in combat operations against hostile forces, shall, for the time served in one or more such areas qualifying for any of the medals listed in this section, be paid one hundred fifty dollars for the first month and fifty dollars for each subsequent month of such service, up to a maximum bonus, together with any payments pursuant to this section for service not qualifying for any such medal, of five hundred dollars.
Source: SL 1969, ch 173, § 8; SL 1991, ch 268, § 3; SL 1992, ch 238, § 4; SL 1993, ch 243, § 2; SL 2004, ch 225, § 3, eff. Mar. 9, 2004; SL 2007, ch 187, § 170; SDCL § 33-17-22; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 5.
33A-2-16. Fractional months.
In computing a month of service under § 33A-2-15, any period of service during a calendar month shall be computed as one full month in determining monthly totals.
Source: SL 1969, ch 173, § 8; SL 1992, ch 238, § 7; SL 2007, ch 187, § 171; SDCL § 33-17-23; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-17. Amount of bonus for dependent of deceased veteran.
Such bonus shall be paid in the amount of five hundred dollars to dependents of each member of the armed forces who died as the result of wounds or injuries suffered or illness incurred in service that would have qualified for a bonus pursuant to § 33A-2-13, regardless of the length of such service or regardless of whether or not such service was within or without the continental United States.
Source: SL 1969, ch 173, § 8; SL 1991, ch 268, § 4; SDCL § 33-17-24; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-18. Bonus amount for veteran with service connected disability.
Notwithstanding the provisions of § 33A-2-15, if any veteran who qualifies for a bonus pursuant to § 33A-2-13 is rated ten percent or more disabled for service connected disability or disabilities by the veterans administration as a result of wounds or injuries or illness incurred while on active duty in the areas or periods specified in § 33A-2-13 regardless of the length of such service, the veteran's bonus shall be in the amount of five hundred dollars.
Source: SL 1972, ch 190, § 1; SL 1991, ch 268, § 5; SL 1992, ch 238, § 8; SL 2007, ch 187, § 172; SDCL § 33-17-24.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-19. Amendment of original claim or new claim by veteran with service connected disability.
Any veteran qualified for the benefits authorized by § 33A-2-18 who has previously filed a claim under §§ 33A-2-10 to 33A-2-33, inclusive, may amend the claim, or if the original claim was paid, initiate a new claim for the difference between that claimed or paid and the amount authorized by § 33A-2-18.
Source: SL 1972, ch 190, § 2; SL 2007, ch 187, § 173; SDCL § 33-17-24.2; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-20. Disqualifying factors.
No person is entitled to payment of a bonus if the person, while in the armed forces of the United States within any period set forth in § 33A-2-13, refused on conscientious, political, or other grounds, to subject himself or herself to military discipline or who was separated from such service under conditions other than honorable and has not been subsequently restored officially to an honorable status. No person who is eligible to receive from another state of the United States a bonus or gratuity or compensation similar to that provided by §§ 33A-2-10 to 33A-2-33, inclusive, may receive any bonus provided by §§ 33A-2-10 to 33A-2-33, inclusive.
Source: SL 1969, ch 173, § 9; SL 1992, ch 238, § 9; SL 2007, ch 187, § 174; SDCL § 33-17-25; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-21. Funds for payment of bonus.
The Legislature finds and declares the bonus provided under §§ 33A-2-10 to 33A-2-33, inclusive, shall be paid as soon as this state has adequate and sufficient funds to do so. There are hereby authorized such sums of money as are necessary to pay the bonus and to be appropriated by subsequent sessions of the Legislature or to be otherwise paid as provided by law.
Source: SL 1969, ch 173, § 6; SL 1991, ch 268; SL 2007, ch 187, § 175; SDCL § 33-17-26; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 6.
33A-2-22. Payments to minors.
If any bonus is payable under §§ 33A-2-10 to 33A-2-33, inclusive, to a minor who is a veteran, or a minor widow of such veteran, and who is under no legal disability other than minority, payment of the bonus shall be made to such person direct.
Source: SL 1969, ch 173, § 11; SL 2007, ch 187, § 176; SDCL § 33-17-27; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-23. Payments to incompetent persons.
If any bonus is payable under §§ 33A-2-10 to 33A-2-33, inclusive, to a mental incompetent, the bonus shall be paid to the person who is constituted his or her committee, guardian, curator, or conservator, by the laws of the state of residence of the mental incompetent, or is otherwise legally vested with the care of the mental incompetent. However, if no such committee, guardian, curator, conservator, or other person exists, payment shall be made to the chief officer of any hospital or institution in which the mental incompetent is placed if the officer is authorized to accept moneys for the benefit of the mental incompetent. If no such committee, guardian, curator, or conservator exists, and if the mental incompetent is not in any such hospital or institution, payment shall be made to the person determined by the department to have assumed the major responsibility for the care of the mental incompetent. Any payment under this section shall be held or used solely for the benefit of the mental incompetent.
Source: SL 1969, ch 173, § 13; SL 2007, ch 187, § 177; SDCL § 33-17-28; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2020, ch 140, § 6.
33A-2-24. Death of eligible veteran.
In case of the death of any person after August 2, 1990, who would, if alive, be entitled to benefits under §§ 33A-2-10 to 33A-2-33, inclusive, the bonus shall be paid to the person's dependents, if any. If there is more than one dependent, payment shall be made in a proportion determined by the secretary.
Source: SL 1969, ch 173, § 12; SL 2007, ch 187, § 178; SDCL § 33-17-29; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 7.
33A-2-25. Promulgation of rules for payment of bonus.
The Department of Veterans Affairs shall promulgate rules, pursuant to chapter 1-26, to define and provide for eligibility criteria, administration, and method of payment of the bonus created pursuant to the provisions of §§ 33A-2-10 to 33A-2-33, inclusive.
Source: SL 1969, ch 173, § 5; SL 1992, ch 238, § 10; SL 1993, ch 243, § 3; SL 2004, ch 225, § 6, eff. Mar. 9, 2004; SL 2007, ch 187, § 179; SDCL § 33-17-30; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2015, ch 174, § 5, eff. Feb. 18, 2015.
33A-2-28. False application--Misdemeanor.
Any person who falsely applies for a veteran's bonus under the provisions of §§ 33A-2-10 to 33A-2-33, inclusive, is guilty of a Class 1 misdemeanor.
Source: SL 1969, ch 173, § 17; SL 2007, ch 187, § 182; SDCL § 33-17-33; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-30. Payment not subject to claims against recipient.
No right of payment of the bonus under §§ 33A-2-10 to 33A-2-33, inclusive, is subject to moneys or credit taxation, claims of creditors, garnishment, or assignment, nor may the right of payment be deemed an asset, legal or equitable, of the estate of a deceased veteran.
Source: SL 1969, ch 173, § 10; SL 2007, ch 187, § 184; SDCL § 33-17-35; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-31. Separability of bonus provisions.
If any provisions of §§ 33A-2-10 to 33A-2-33, inclusive, or the application thereof to any person or circumstance or the validity or effectiveness of any one or more of the sources of payment provided are invalid, such invalidity or ineffectiveness does not affect the remaining provisions of §§ 33A-2-10 to 33A-2-33, inclusive.
Source: SL 1969, ch 173, § 18; SL 2007, ch 187, § 185; SDCL § 33-17-36; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-32. Reestablishment of eligibility for certain veterans to receive veterans bonus.
Any veteran who served on active duty after August 2, 1990, and who qualified for a veterans bonus as provided by chapter 238 of the 1992 Session Laws and chapter 243 of the 1993 Session Laws is eligible to receive a veterans bonus as provided for by chapter 238 of the 1992 Session Laws and chapter 243 of the 1993 Session Laws.
Source: SL 2005, ch 175, § 1, eff. Feb. 25, 2005; SDCL § 33-17-37.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-33. Multiple bonuses.
Any veteran who is eligible for a bonus pursuant to § 33A-2-13 for service before December 31, 1992, and for service after January 1, 1993, may receive two separate bonuses. No single bonus may exceed five hundred dollars.
Source: SL 1992, ch 238, § 6; SL 2004, ch 225, § 5, eff. Mar. 9, 2004; § 33-17-38; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 9.
33A-2-34. Honorary high school diploma to be awarded to veterans serving during certain periods.
Any honorably discharged veteran as defined in § 33A-2-1 may request and shall receive an honorary high school diploma as provided in this section if the veteran served in the armed forces of the United States during the period December 7, 1941, to September 2, 1945, inclusive; during the period June 25, 1950, to July 31, 1953, inclusive; or during the period February 28, 1961 to May 7, 1975, inclusive. The school district selected by the eligible veteran shall award an honorary high school diploma to the veteran.
Source: SL 2000, ch 78, § 1; SL 2002, ch 165, § 1; SL 2005, ch 176, § 1; § 33-17-39; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-2-35. Homeless veterans program or initiative.
The Department of Veterans Affairs shall work with federal officials and any organization or consortium to develop a program or initiative for homeless veterans. The department shall encourage county and tribal veterans service officers to participate in a veterans homeless program or initiative.
Source: SL 2003, ch 177, § 1; § 33-17-40; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 8.
33A-2-36. Professional or occupational credit for certain military training and experience.
Notwithstanding any other law, any professional or occupational board or commission established under Title 36 may credit verified military service, training, or education toward the licensing requirements, other than examination requirements, for a license issued by the board or commission. The board or commission may promulgate rules pursuant to chapter 1-26 to establish procedures to allow veterans seeking licensure or certification to receive appropriate credit for any relevant military training and experience.
Source: SL 2013, ch 152, § 1.
33A-3-1 to 33A-3-45. Repealed.
CHAPTER 33A-4
SOUTH DAKOTA STATE VETERANS HOME
33A-4-1 State Veterans Home--Department supervision.
33A-4-2 33A-4-2, 33A-4-3. Repealed by SL 2015, ch 175, §§ 53, 54.
33A-4-4 Enforcement of federal regulations--Promulgation of rules--Punishment for violation of rules.
33A-4-5 33A-4-5. Repealed by SL 2015, ch 175, § 55.
33A-4-6 Local management of home by superintendent--Appointment--Qualifications.
33A-4-7 Salary and residence of superintendent.
33A-4-8 Appointment of subordinate employees--Removal.
33A-4-9 Suspension of member for violation of rules--Hearing before secretary of veterans affairs.
33A-4-10 Repealed.
33A-4-11 Permanent fund for use of State Veterans Home--Authorized expenditures--Procedure.
33A-4-12 Contributions by residents--Maximum required.
33A-4-13 Repealed.
33A-4-14 Repealed.
33A-4-15 Payment of maintenance charges during lifetime--Disposition of receipts.
33A-4-16 Distribution of assets of deceased resident.
33A-4-17 Authority to turn deceased resident's property over to department--Subsequent claim for property.
33A-4-18 Claim for maintenance of deceased resident--Disposition of funds.
33A-4-19 Claim against estate of deceased spouse or dependent.
33A-4-20 Transfers to avoid state's claim.
33A-4-21 Authority of secretary to administer property descending to it.
33A-4-22 Handling personal funds of residents.
33A-4-23 Repealed.
33A-4-24 Veterans' home operating fund created.
33A-4-25 Eligibility for admission to State Veterans Home--Residency status.
33A-4-26 Admission of spouses--Conditions--Resident status not affected by death or marriage.
33A-4-27 Admission of widows and widowers of veterans--Conditions.
33A-4-28 Nonveteran spouse considered resident.
33A-4-29 Application for admission to home--Form and contents--False application as forfeiture.
33A-4-30 Approval of application for admission.
33A-4-31 Furloughs--Exceeding maximum furlough as forfeiture.
33A-4-32 Discharge from home.
33A-4-33 Admission of veterans with sufficient means.
33A-4-34 Repealed.
33A-4-35 Residence of members leaving home or adjudged mentally ill.
33A-4-36 Residence and right to vote preserved.
33A-4-1. State Veterans Home--Department supervision.
The State Veterans Home is under the control and general supervision of the Department of Veterans Affairs.
Source: SL 1889, ch 114, § 7; SL 1895, ch 169, § 1; SL 1901, ch 187; RPolC 1903, § 615; SL 1911, ch 230, § 1; SL 1913, ch 325, § 1; RC 1919, § 9948; SDC 1939, § 41.0201; SL 1967, ch 176; SL 1989, ch 286, § 1; § 33-18-1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 10.
33A-4-4. Enforcement of federal regulations--Promulgation of rules--Punishment for violation of rules.
The Department of Veterans Affairs shall provide for the enforcement of all applicable federal regulations to enable this state to receive aid that is extended by the United States government to states that maintain institutions of the character of the State Veterans' Home. The department shall prescribe the method of the local management of the home and shall promulgate rules pursuant to chapter 1-26 for the maintenance of order and discipline and the preservation of the health and comfort of the members of the home. Any violation of the rules is punishable by suspension or expulsion in the judgment of the secretary of veterans affairs upon the charges filed by the superintendent of the home.
Source: SL 1911, ch 230, § 6; SL 1913, ch 325, § 6; SL 1917, ch 344, § 2; RC 1919, § 9953; SL 1931, ch 227; SDC 1939, § 41.0206; SL 1989, ch 286, § 2; SL 2007, ch 187, § 209; § 33-18-2; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2020, ch 140, § 7.
33A-4-6. Local management of home by superintendent--Appointment--Qualifications.
The Department of Veterans Affairs shall provide for the local management of the State Veterans' Home by the appointment of a superintendent. The Secretary of Veterans Affairs shall appoint the superintendent. The superintendent is the executive head of the veterans home and shall devote full time to the duties of the office. The superintendent shall serve at the pleasure of the Secretary of Veterans Affairs. The superintendent shall be a citizen of the United States, a resident of South Dakota, and an honorably discharged veteran as defined in § 33A-2-1.
Source: SL 1889, ch 114, § 18; SL 1895, ch 169, § 3; RPolC 1903, § 618; SL 1905, ch 157, § 6; SL 1911, ch 230, § 6; SL 1913, ch 325, § 6; SL 1917, ch 344, § 2; RC 1919, § 9953; SL 1931, ch 227; SDC 1939, § 41.0206; SL 1970, ch 191, § 1; SL 1981, ch 255; SL 1989, ch 286, § 3; § 33-18-4; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2014, ch 161, § 1.
33A-4-7. Salary and residence of superintendent.
The superintendent of the State Veterans' Home shall receive a salary to be fixed by the secretary of veterans affairs. The superintendent may reside at the home, and under the direction of the secretary of veterans affairs shall have charge of the local management and supervision of the institution.
Source: SL 1889, ch 114, § 18; SL 1895, ch 169, § 3; RPolC 1903, § 618; SL 1905, ch 157, § 6; SL 1911, ch 230, § 7; SL 1913, ch 325, § 7; RC 1919, § 9954; SL 1923, ch 269; SDC 1939, § 41.0207; SL 1980, ch 237; SL 1989, ch 286, § 4; § 33-18-5; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-4-8. Appointment of subordinate employees--Removal.
The superintendent of the State Veterans' Home shall appoint, in accordance with the provisions of §§ 3-3-1 to 3-3-6, inclusive, and subject to approval of the secretary of veterans affairs, such subordinate employees as are necessary for the proper conduct of the home. All subordinate employees appointed by such superintendent are subject to removal by the superintendent for inefficiency or misconduct.
Source: SL 1889, ch 114, § 18; SL 1895, ch 169, § 3; RPolC 1903, § 618; SL 1905, ch 157, § 6; SL 1911, ch 230, § 7; SL 1913, ch 325, § 7; RC 1919, § 9954; SL 1923, ch 269; SDC 1939, § 41.0207; SL 1970, ch 191, § 2; SL 1982, ch 254, § 2; SL 1989, ch 286, § 5; § 33-18-6; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-4-9. Suspension of member for violation of rules--Hearing before secretary of veterans affairs.
The superintendent of the State Veterans' Home may temporarily suspend and expel any member of the home for the violation of the rules promulgated pursuant to § 33A-4-4 pending a final hearing before the secretary of veterans affairs if the superintendent deems it for the best interest of the institution. The temporary suspension and expulsion is in effect until the final hearing by the secretary of veterans affairs upon the charges filed by the superintendent. Notice of the final hearing together with a copy of the charges filed, shall be served on the offender personally at least three days before the date of the final hearing.
Source: SL 1917, ch 344, § 2; RC 1919, § 9953; SL 1931, ch 227; SDC 1939, § 41.0206; SL 1982, ch 254, § 3; SL 1989, ch 286, § 6; SL 2007, ch 187, § 210; § 33-18-7; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-4-10. Repealed.
Source: SL 1913, ch 325, § 7; RC 1919, § 9954; SL 1923, ch 269; SDC 1939, § 41.0207; SL 1989, ch 286, § 7; SL 2007, ch 187, § 211; § 33-18-8; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 11.
33A-4-11. Permanent fund for use of State Veterans Home--Authorized expenditures--Procedure.
The permanent incidental fund heretofore provided for the use of the State Veterans Home is hereby continued. The fund is kept and used by the State Veterans Home for the payment of bills for freight, express, mileage, postage, and such other incidental expense of the home as require immediate payment pending the issuance of an auditor's warrant upon the state treasury therefor, and for no other purpose whatever. In each case where the payment is made, the amount must be returned to the permanent incidental fund immediately upon the receipt of the state auditor's warrant covering the bill for which the expenditure was made.
Source: SL 1931, ch 230, §§ 1, 2; SDC 1939, § 41.0213; SL 1967, ch 176; § 33-18-9; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 12.
33A-4-12. Contributions by residents--Maximum required.
Any resident of the State Veterans Home shall contribute to the resident's maintenance, care, or support while a resident of the home. The contributions must be determined by the secretary of veterans affairs and may not exceed the actual cost of care of residents at the home.
Source: SDC 1939, § 41.0215 as enacted by SL 1951, ch 212, § 4; SL 1959, ch 242, § 6; SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1989, ch 286, § 8; SL 2007, ch 187, § 212; § 33-18-10; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 13.
33A-4-13. Repealed.
Source: SDC 1939, § 41.0215 as added by SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1970, ch 191, § 3; SL 1982, ch 254, § 4; SL 1989, ch 286, § 9; SL 2007, ch 187, § 213; § 33-18-11; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 14.
33A-4-14. Repealed.
Source: SDC 1939, § 41.0215 as added by SL 1965, ch 173; SL 1970, ch 191, § 4; SL 1982, ch 254, § 5; SL 1989, ch 286, § 10; § 33-18-12; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 15.
33A-4-15. Payment of maintenance charges during lifetime--Disposition of receipts.
Any resident or former resident of the State Veterans Home may pay the home in advance of death the full maintenance charge for each month the resident was in the home, retroactive from the date of admission with proper credits allowed for any payments made towards the monthly maintenance charge, but such credits not to include any allowances of the state government, notwithstanding the provisions found in §§ 33A-4-18 and 33A-4-19, and such monies received from the resident or former resident shall go to the capital fund of the home for repairs, equipment, improvements, or construction.
Source: SL 1977, ch 274; SL 1987, ch 250, § 1; § 33-18-12.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 16.
33A-4-16. Distribution of assets of deceased resident.
When a resident of the State Veterans Home dies without legal dependents, the resident's property must be distributed to the State Veterans Home as sole heir for the sole use and benefit of the home. The resident may, by will, dispose of the resident's estate subject to the preferred claim provided in §§ 33A-4-17 to 33A-4-20, inclusive. A spouse residing at the home is considered as a legal dependent for the purpose of this section.
Source: SDC 1939, § 41.0215 as added by SL 1959, ch 242, § 6; SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1967, ch 176; SL 1970, ch 191, § 5; SL 2007, ch 187, § 214; § 33-18-13; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 17.
33A-4-17. Authority to turn deceased resident's property over to department--Subsequent claim for property.
When a resident of the State Veterans Home dies, leaving at the home cash or other personal property of value, the superintendent of the home may turn over the cash, property, or its proceeds to the Department of Veterans Affairs for the sole use and benefit of the home, without administration. The cash, property, and proceeds are subject to refund within three years to any creditor, legal dependent, or heir, if the deceased resident left a will, and if the creditor, legal dependent, or heir establishes a right to the cash, property, or proceeds or any portion of the cash, property, or proceeds. The attorney general, upon being satisfied that a claim out of the cash, property, or proceeds is legal and valid, may certify the claim to the secretary of veterans affairs, and the secretary of veterans affairs shall satisfy the claim.
Source: SDC 1939, § 41.0215 as added by SL 1959, ch 242, § 6; SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1989, ch 286, § 11; SL 2007, ch 187, § 215; § 33-18-14; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 18.
33A-4-18. Claim for maintenance of deceased resident--Disposition of funds.
When an estate is left by a deceased resident of the State Veterans Home leaving no surviving spouse or dependent, the home shall file a claim against the estate of the deceased resident in the amount of the full maintenance charge for each month the resident was in the home, retroactive from the date of admission with proper credits allowed to the estate of the deceased resident for any payments made by the resident. However, the credits may not include any allowances of the state government. Any such money received from the deceased resident shall go to a capital fund of the home for repairs, equipment, improvements, or construction.
Source: SDC 1939, § 41.0215 as added by SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1970, ch 191, § 6; SL 1987, ch 250, § 2; SL 2007, ch 187, § 216; § 33-18-15; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 19.
33A-4-19. Claim against estate of deceased spouse or dependent.
When a deceased resident of the State Veterans Home leaves a spouse, or other dependent, the resident's estate is payable to the spouse, or other dependent. Upon the death of the spouse or other dependent, the home shall file a claim against the estate of the deceased spouse or other dependent for any claim against the estate of both the decedents as provided in § 33A-4-18. The claim is a preferred claim against the estates.
Source: SDC 1939, § 41.0215 as added by SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1970, ch 191, § 7; SL 2007, ch 187, § 217; § 33-18-16; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 20.
33A-4-20. Transfers to avoid state's claim.
Any transfer of property to avoid the payment of a claim of the State Veterans' Home shall be voidable.
Source: SDC 1939, § 41.0215 as added by SL 1961, ch 206, § 2; SL 1965, ch 173; § 33-18-17; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-4-21. Authority of secretary to administer property descending to it.
The secretary of veterans affairs may manage, sell, lease, or transfer property descending to the home pursuant to § 33A-4-16 or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things for the protection, preservation, and management of such property.
Source: SDC 1939, § 41.0215 as added by SL 1959, ch 242, § 6; SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1989, ch 286, § 12; § 33-18-18; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-4-22. Handling personal funds of residents.
The superintendent of the State Veterans Home may receive, disburse, and account for personal funds of residents of the home, received from any source, under the policies adopted by the Department of Veterans Affairs.
Source: SDC 1939, § 41.0215 as added by SL 1959, ch 242, § 6; SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1989, ch 286, § 13; § 33-18-19; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 21.
33A-4-23. Repealed.
Source: SDC 1939, § 41.0216 as enacted by SL 1951, ch 212, § 5; SL 1970, ch 191, § 8; SL 1993, ch 213, § 221; SL 2007, ch 187, § 218; § 33-18-20; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 9; SL 2023, ch 111, § 22.
33A-4-24. Veterans' home operating fund created.
There is hereby created a State Veterans Home operating fund. All sums paid to and received by the superintendent of the State Veterans Home, under this chapter, for the support, care, and maintenance of the residents in the home, shall be paid monthly by him to the state treasurer and credited to the veterans home operating fund. The fund shall be maintained separately and administered by the Department of Veterans Affairs to defray the expenses associated with operation of the State Veterans Home. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund.
Source: SDC 1939, § 41.0217 as enacted by SL 1951, ch 212, § 6; SL 1993, ch 244; § 33-18-21; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 23.
33A-4-25. Eligibility for admission to State Veterans Home--Residency status.
A veteran, as defined by § 33A-2-1, is eligible for admission to the State Veterans Home if the veteran is eligible for the payment of per diem for domiciliary care or nursing home care in a state home.
A veteran domiciled in this state within the past five years shall receive admission preference, contingent upon the veteran meeting all admission criteria. A veteran who is a member of a federally recognized Indian tribe located wholly or partially within the state shall receive admission preference, contingent upon the veteran meeting all admission criteria.
Residency status at the State Veterans Home is not affected because of a medical leave of absence either in a United States Department of Veterans Affairs facility or other hospital.
Source: SL 1911, ch 230, § 8; SL 1913, ch 325, § 8; SL 1915, ch 278; RC 1919, § 9955; SL 1921, ch 364; SL 1923, ch 270; SL 1925, ch 287, § 1; SL 1929, ch 225; SL 1937, ch 225; SDC 1939, § 41.0208; SL 1939, ch 155, § 1; SL 1941, ch 172; SL 1943, ch 145; SL 1945, ch 175; SL 1951, ch 211; SL 1959, ch 242, § 1; SL 1961, ch 206, § 1; SL 1970, ch 191, § 9; SL 1982, ch 254, § 6; SL 1987, ch 250, § 3; SL 2006, ch 175, § 1; § 33-18-22; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 19; SL 2015, ch 174, § 6, eff. Feb. 18, 2015; SL 2024, ch 125, § 1.
33A-4-26. Admission of spouses--Conditions--Resident status not affected by death or marriage.
The spouse of any veteran who is eligible to become a resident of the State Veterans Home, may be admitted with the veteran if they have been married and living together for at least one year preceding application for admission and if their combined income does not exceed four hundred dollars per year above the maximum income limitation allowable for pension benefits as determined by the Veterans Administration. Or, a spouse may be admitted if the veteran, otherwise eligible to admission, is institutionalized for physical or mental disability, if the spouse has been married to the veteran spouse for at least one year. Resident status is not affected by the death of a spouse or by marriage between residents of the home.
Source: SL 1921, ch 364; SL 1923, ch 270; SL 1925, ch 287, § 2; SL 1927, ch 207, § 1; SL 1929, ch 224, § 1; SDC 1939, § 41.0208; SL 1939, ch 155, § 1; SL 1941, ch 172; SL 1943, ch 145; SL 1945, ch 175; SL 1951, ch 211; SL 1959, ch 242, § 1; SL 1961, ch 206, § 1; SL 1970, ch 191, § 10; SL 2007, ch 187, § 219; § 33-18-23; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 24.
33A-4-27. Admission of widows and widowers of veterans--Conditions.
The widow or widower of any deceased veteran may be admitted to the home if not remarried, upon the following conditions: the deceased veteran must have been eligible for admission to the home; the widow or widower has attained the age of sixty years; the widow or widower was married to the veteran spouse at least one year prior to the veteran's date of death and they lived together during that period except where there was a separation due to the misconduct of, or procured by, the veteran, without fault of the spouse; and the widow or widower has been a resident of this state for at least one year immediately preceding the date of application.
Source: SL 1921, ch 364; SL 1923, ch 270; SL 1925, ch 287, § 3; SL 1927, ch 207, § 2; SL 1929, ch 224, § 2; SDC 1939, § 41.0208; SL 1939, ch 155, § 1; SL 1941, ch 172; SL 1943, ch 145; SL 1945, ch 175; SL 1951, ch 211; SL 1959, ch 242, § 1; SL 1961, ch 206, § 1; SL 1970, ch 191, § 11; § 33-18-24; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 25.
33A-4-28. Nonveteran spouse considered resident.
A nonveteran spouse, widow, or widower, upon admission, shall be considered a resident of the State Veterans Home and be subject to all rules and statutes affecting the person, property, and estate of a veteran resident.
Source: SL 1976, ch 207; § 33-18-24.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 26.
33A-4-29. Application for admission to home--Form and contents--False application as forfeiture.
All applications for admission to the State Veterans Home must be made upon prescribed forms furnished by the Department of Veterans Affairs. The applications must include information as to military service, a full financial statement, essential medical information, and a stipulation that if any such claims are proved false, the applicant forfeits any right to residency at the home.
Source: SL 1911, ch 230, § 10; SL 1913, ch 325, § 9; RC 1919, § 9956; SDC 1939, § 41.0209; SL 1951, ch 212, § 1; SL 1959, ch 242, § 2; § 33-18-25; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 27.
33A-4-30. Approval of application for admission.
Applications for admission to the State Veterans Home are approved by the Department of Veterans Affairs.
Source: SL 1911, ch 230, § 10; SL 1913, ch 325, § 9; RC 1919, § 9956; SDC 1939, § 41.0209; SL 1951, ch 212, § 1; SL 1959, ch 242, § 2; SL 1982, ch 254, § 7; SL 1987, ch 250, § 4; § 33-18-26; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 28.
33A-4-31. Furloughs--Exceeding maximum furlough as forfeiture.
Furloughs from the State Veterans Home may be granted at the discretion of the superintendent, but a resident on furlough for more than ninety days is deemed to have surrendered the room and upon return must be put on the regular waiting list.
Source: SL 1913, ch 325, § 12; RC 1919, § 9958; SDC 1939, § 41.0211; SL 1951, ch 212, § 2; SL 1953, ch 217; SL 1959, ch 242, § 4; SL 1982, ch 254, § 8; § 33-18-27; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 29.
33A-4-32. Discharge from home.
Any resident of the State Veterans Home may be discharged, with the exception of a veteran with one hundred percent disability as defined by the Veterans Administration for pension and compensation purposes, if the resident has sufficient ability and means for self-support. The discharge may only be made upon recommendation of the superintendent and order of the secretary of veterans affairs.
Source: SL 1913, ch 325, § 13; RC 1919, § 9959; SDC 1939, § 41.0212; SL 1939, ch 155, § 3; SL 1959, ch 242, § 5; SL 1970, ch 191, § 12; SL 1989, ch 286, § 14; § 33-18-28; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 30.
33A-4-33. Admission of veterans with sufficient means.
The superintendent may, if there is room, admit and allow to remain in the State Veterans Home, persons who have sufficient means for their own support, care, and maintenance, but are otherwise eligible to become residents of the home, on payment of the cost of their care.
Source: SDC 1939, § 41.0219 as enacted by SL 1951, ch 212, § 8; SL 1970, ch 191, § 13; SL 1982, ch 254, § 9; SL 1987, ch 250, § 5; § 33-18-29; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 31.
33A-4-34. Repealed.
Source: SDC 1939, § 41.0214 as enacted by SL 1951, ch 212, § 3; SL 2007, ch 187, § 220; § 33-18-30; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 32.
33A-4-35. Residence of members leaving home or adjudged mentally ill.
If a resident of the State Veterans Home is discharged from the home, or voluntarily leaves the home, or is adjudged mentally ill after admittance, the resident's residence is that of the county in which the resident was residing at the time of the resident's admittance to the home.
Source: SDC 1939, § 41.0214 as enacted by SL 1951, ch 212, § 3; SL 2007, ch 187, § 221; § 33-18-31; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 33.
33A-4-36. Residence and right to vote preserved.
Each resident of the State Veterans Home is deemed a resident of the county in which the resident was residing at the time of admittance to the home and does not lose residence or the right to vote in the county.
Source: SDC 1939, § 41.0218 as enacted by SL 1951, ch 212, § 7; SL 2007, ch 187, § 222; § 33-18-32; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 34.
CHAPTER 33A-5
BURIAL OF VETERANS
33A-5-1 Authority of county veterans' service officer or field officer.
33A-5-2 Payment for burial of veteran--Eligibility of veteran or spouse for burial at state's expense.
33A-5-3 33A-5-3. Repealed by SL 2018, ch 199, § 11.
33A-5-4 Headstone provided by federal government to be erected--Maximum expense--Time for claim--Private option.
33A-5-5 Public expenses--Payment procedure.
33A-5-6 Appropriation for expenses.
33A-5-7 County appropriations to purchase burial plots--Conditions.
33A-5-8 County purchase of burial plots--Perpetual care--Title to plots.
33A-5-9 Conditions for county payment of burial expense.
33A-5-10 Retention of federal memorial pending payment for funeral or burial prohibited.
33A-5-11 State veterans cemetery operating fund--Fee for burial--Promulgation of rules.
33A-5-12 State veterans cemetery endowment fund.
33A-5-13 Minimum principal balance of fund.
33A-5-14 Annual report of veterans council.
33A-5-15 Donation of land for state cemetery
33A-5-16 State cemetery pre-application.
33A-5-17 State cemetery grant application.
33A-5-1. Authority of county veterans' service officer or field officer.
Upon notice to the county or tribal veterans' service officer or field officer of the Department of Veterans Affairs of the death within the county of a person entitled to burial benefits under this chapter, or at the officer's own initiative in a proper case, the veterans' service officer or field officer shall implement the provisions of this chapter in reference to the burial of the deceased.
Source: SL 1887, ch 151, § 3; CL 1887, § 2471; RPolC 1903, § 3239; RC 1919, § 9965; SDC 1939, § 41.0303; SL 1939, ch 156, § 3; SL 1941, ch 173, § 2; SL 1949, ch 155, § 2; SL 1961, ch 207; SL 1968, ch 160, § 2; SL 2007, ch 187, § 223; § 33-19-1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 20.
33A-5-2. Payment for burial of veteran--Eligibility of veteran or spouse for burial at state's expense.
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.
Source: SL 1887, ch 151, § 1; CL 1887, § 2469; RPolC 1903, § 3237; RC 1919, § 9963; SL 1920 (SS), ch 83; SL 1923, ch 272; SL 1927, ch 191; SL 1931, ch 226; SDC 1939, § 41.0301; SL 1939, ch 156, § 1; SL 1941, ch 173, § 1; SL 1943, ch 146; SL 1949, ch 155, § 1; SL 1951, ch 213; SL 1968, ch 160, § 1; SL 1976, ch 208, § 1; SL 1986, ch 27, § 19; SL 2007, ch 187, § 224; § 33-19-2; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 21; SL 2018, ch 199, § 10.
33A-5-4. Headstone provided by federal government to be erected--Maximum expense--Time for claim--Private option.
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.
Source: SL 1887, ch 151, § 3; CL 1887, § 2471; RPolC 1903, § 3239; RC 1919, § 9965; SDC 1939, § 41.0303; SL 1939, ch 156, § 3; SL 1941, ch 173, § 2; SL 1949, ch 155, § 2; SL 1961, ch 207; SL 1968, ch 160, § 2; SL 1974, ch 233; SL 1976, ch 208, § 2; SL 1986, ch 275; SL 2009, ch 162, § 1; § 33-19-5; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 113, § 1; SL 2023, ch 114, § 1.
33A-5-5. Public expenses--Payment procedure.
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.
Source: SL 1887, ch 151, § 4; CL 1887, § 2472; RPolC 1903, § 3240; RC 1919, § 9966; SDC 1939, § 41.0304; SL 1939, ch 156, § 4; SL 1941, ch 173, § 3; SL 1968, ch 160, § 3; SL 2007, ch 187, § 227; § 33-19-6; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 22; SL 2023, ch 111, § 35; SL 2023, ch 113, § 2.
33A-5-6. Appropriation for expenses.
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.
Source: SL 1887, ch 151, § 5; CL 1887, § 2473; RPolC 1903, § 3241; RC 1919, § 9967; SDC 1939, § 41.0305; § 33-19-7; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 23.
33A-5-7. County appropriations to purchase burial plots--Conditions.
Any county may appropriate money with which to purchase lots or plots of ground in any cemetery or burial ground for the burial of any veteran as defined by § 33A-2-1, or the veteran's spouse, if the veteran or the veteran's spouse had a legal residence within the county at the time of his or her death.
Source: SL 1927, ch 192; SL 1929, ch 226, § 1; SDC 1939, § 12.1912; SL 1943, ch 31; SL 1986, ch 27, § 20; SL 2007, ch 187, § 228; § 33-19-8; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.
33A-5-8. County purchase of burial plots--Perpetual care--Title to plots.
Each board of county commissioners of each county of this state may, as soon as the money has been appropriated, purchase not more than ten burial plots and provide for the perpetual care of the plots.
The title to the burial plots is vested in the State of South Dakota, and permits for burial in the plots shall be issued by the county auditor of the respective county.
Source: SL 1929, ch 226, § 3; SDC 1939, § 12.1912; SL 1943, ch 31; SL 2007, ch 187, § 229; § 33-19-9; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 24.
33A-5-9. Conditions for county payment of burial expense.
Any county may pay burial expense of persons described in § 33A-5-7 for any such burial if the person dies in the county or has legal residence in the county at the time of death and if the relatives or friends of the deceased furnish affidavits acceptable to a circuit judge for the county that the estate of the decedent is not sufficient to defray the funeral expense.
Source: SL 1927, ch 192; SL 1929, ch 226, § 2; SDC 1939, § 12.1912; SL 1943, ch 31; SL 2007, ch 187, § 230; § 33-19-10; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 25.
33A-5-10. Retention of federal memorial pending payment for funeral or burial prohibited.
The provisions of § 44-11-9 or any other provision of law notwithstanding, if a funeral director, operator of a cemetery, or other individual involved with the funeral or burial of a veteran is in possession of a headstone, memorial headstone, or marker provided by the United States government in memory of the veteran, the director, operator, or individual may not retain possession of the headstone, memorial headstone, or marker pending payment for property associated with the funeral or burial or for services rendered.
Source: SL 2011, ch 152, § 26.
33A-5-11. State veterans cemetery operating fund--Fee for burial--Promulgation of rules.
There is hereby created in the state treasury the South Dakota State Veterans Cemetery operating fund, into which shall be deposited disbursements from the endowment fund created in § 33A-5-12, donations to the cemetery, and revenues generated by the South Dakota State Veterans Cemetery. The Department of Veterans Affairs may promulgate rules pursuant to chapter 1-26 to establish a fee for burial of an eligible spouse or dependent at the South Dakota State Veterans Cemetery. The fee may not exceed the United States Department of Veterans Affairs maximum plot allowance for a non-service connected death of a veteran.
Source: SL 2018, ch 201, § 1, eff. Mar. 23, 2018; SL 2021, ch 138, § 1, eff. Mar. 21, 2021.
33A-5-12. State veterans cemetery endowment fund.
The South Dakota State Veterans Cemetery endowment fund may be established within the South Dakota Community Foundation. The purpose of the endowment fund is to provide a fund for any person who wishes to contribute to the endowment fund to fund the construction and operation of the South Dakota State Veterans Cemetery. This fund shall be administered by the South Dakota Community Foundation. Any disbursements from this endowment fund shall be deposited into the fund created in § 33A-5-11.
Source: SL 2018, ch 201, § 2, eff. Mar. 23, 2018.
33A-5-13. Minimum principal balance of fund.
Donations to the South Dakota State Veterans Cemetery endowment fund shall be deposited into the fund to reach a minimum principal balance of three million dollars ($3,000,000) by July 1, 2023. Notwithstanding the minimum principal balance under this section, expenditures may be made prior to July 1, 2023. If the minimum principal balance is reached prior to July 1, 2023, no expenditures may reduce the principal balance below three million dollars ($3,000,000).
Source: SL 2018, ch 201, § 3, eff. Mar. 23, 2018.
33A-5-14. Annual report of veterans council.
The South Dakota Veterans Council shall report annually to the Joint Committee on Appropriations on the balance of the South Dakota Veterans Cemetery endowment fund.
Source: SL 2018, ch 201, § 4, eff. Mar. 23, 2018.
33A-5-15. Donation of land for state cemetery
The State of South Dakota may accept the donation of a suitable amount of land from the city of Sioux Falls, South Dakota, for the purposes of establishing and maintaining a state veterans' cemetery in Minnehaha County.
Source: SL 2018, ch 201, § 5, eff. Mar. 23, 2018.
33A-5-16. State cemetery pre-application.
The secretary of veterans affairs shall submit a state cemetery pre-application to the National Cemetery Administration as provided in 38 CFR 39.31 prior to July 1, 2018.
Source: SL 2018, ch 201, § 6, eff. Mar. 23, 2018.
33A-5-17. State cemetery grant application.
The secretary of veterans affairs shall submit a state cemetery grant application to the National Cemetery Administration as provided in 38 CFR 39.31 and to contract for the design, construction, equipping, and any other action that may be required to provide for a state veterans cemetery in Minnehaha County, South Dakota, at an estimated cost of six million dollars.
Source: SL 2018, ch 201, § 7, eff. Mar. 23, 2018.