5 chapters · 123 sections in this title.
SDCL § 33A-2-10 Veterans' bonus program--Definitions
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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 , incl…
SDCL § 33A-2-11 Bonus board abolished--Performance of functions
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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…
SDCL § 33A-2-12 Employees of department
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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 20…
SDCL § 33A-2-13 Eligibility for bonus--Dependents of deceased veterans
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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 t…
SDCL § 33A-2-14 Eligibility for bonus--National Guard or reserve personnel
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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…
SDCL § 33A-2-15 Amount of bonus
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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 ac…
SDCL § 33A-2-16 Fractional months
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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. O…
SDCL § 33A-2-17 Amount of bonus for dependent of deceased veteran
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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 le…
SDCL § 33A-2-18 Bonus amount for veteran with service connected disability
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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 incurr…
SDCL § 33A-2-19 Amendment of original claim or new claim by veteran with service connected disability
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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 …
SDCL § 33A-2-2 Wartime veteran and qualifying military service defined
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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 a…
SDCL § 33A-2-20 Disqualifying factors
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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 f…
SDCL § 33A-2-21 Funds for payment of bonus
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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…
SDCL § 33A-2-22 Payments to minors
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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…
SDCL § 33A-2-23 Payments to incompetent persons
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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 oth…
SDCL § 33A-2-24 Death of eligible veteran
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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 …
SDCL § 33A-2-25 Promulgation of rules for payment of bonus
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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 …
SDCL § 33A-2-28 False application--Misdemeanor
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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…
SDCL § 33A-2-29 Repealed by SL 2015, ch 175 , § 6
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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 …
SDCL § 33A-2-3 Repealed by SL 2011, ch 152 , § 15
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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--Availabilit…
SDCL § 33A-2-30 Payment not subject to claims against recipient
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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: …
SDCL § 33A-2-31 Separability of bonus provisions
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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 …
SDCL § 33A-2-32 Reestablishment of eligibility for certain veterans to receive veterans bonus
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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 Sessi…
SDCL § 33A-2-33 Multiple bonuses
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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…
SDCL § 33A-2-34 Honorary high school diploma to be awarded to veterans serving during certain periods
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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; d…
SDCL § 33A-2-35 Homeless veterans program or initiative
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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 progr…
SDCL § 33A-2-36 Professional or occupational credit for certain military training and experience
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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…
SDCL § 33A-2-37 Veterans’ benefits matter--Definitions
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For the purposes of §§ 33A-2-37 to 33A-2-42 , inclusive, terms mean: (1) “Compensation,” any money, thing of value, or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by any person; (2) “Veterans’ benefits matter,” the…
SDCL § 33A-2-38 Veterans’ benefits matter--Written agreement--Retention--Disclosure
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Before rendering a service to advise, assist, or consult an individual in connection with a veterans' benefits matter, a person shall disclose the terms of the service and compensation for the service, in a written agreement that is signed by both parties. The person offering the…
SDCL § 33A-2-39 Veterans’ benefits matter--Restrictions on service providers--One-year release--Contingent, limited compensation
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When providing a service to advise, assist, or consult an individual in connection with a veterans' benefits matter, a person may not: (1) Charge: (a) An initial fee; or (b) A nonrefundable fee; (2) Guarantee, either directly or by implication: (a) A successful outcome; (b) The r…
SDCL § 33A-2-4 Veterans affairs department special revenue fund established
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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. Ap…
SDCL § 33A-2-40 Background check requirement
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Before a person may be authorized to access veterans’ medical or financial information, the person must submit to and pass a background check. The background check must be conducted by a reputable source and include identity verification and a criminal records check. Source: SL 2…
SDCL § 33A-2-41 Veterans’ benefits matter--Violation--Penalty--Deposit
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The attorney general may impose a civil penalty against a person for violating §§ 33A-2-38 to 33A-2-40 , inclusive. The amount of the civil penalty may not exceed five thousand dollars. The attorney general shall forward any civil penalty collected under this section to the state…
SDCL § 33A-2-42 Veterans’ benefits matter--Applicability
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Nothing in §§ 33A-2-37 to 33A-2-42 , inclusive, applies to, limits, or expands the requirements imposed on agents, attorneys, or other representatives accredited or regulated by the United States Department of Veterans Affairs. Source: SL 2025, ch 133 , § 6.
SDCL § 33A-2-5 Disbursements from fund
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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…
SDCL § 33A-2-6 Tax exemption for certain military sales outlets--Exceptions
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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 artic…
SDCL § 33A-2-7 Credit for amount of tax already paid
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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, loc…
SDCL § 33A-2-8 Free recordation of military discharges--Certified copy availability--Request form
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A veteran may record, with a county register of deeds, any certificate of discharge from service in the armed forces of the United States or the National Guard, without charge. The county register of deeds shall provide a certified copy of the veteran’s certificate of discharge, …
SDCL § 33A-2-9 National Guard members ordered to active duty--Federal protections
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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 Re…