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South Dakota Statutes, Title 33A

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Title 33A, VETERANS AFFAIRS

5 chapters · 107 sections in this title.

All chapters in Title 33A107 Ch 2, VETERANS AND SERVICEMEMBER BENEFITS38 Ch 4, SOUTH DAKOTA STATE VETERANS HOME28 Ch 1, STATE AND COUNTY VETERANS AGENCIES25 Ch 5, BURIAL OF VETERANS16

28 sections·Filtered byTitle 33A✕Ch 4✕

SDCL § 33A-4-1 State Veterans Home--Department supervision
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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, § 41.020…
SDCL § 33A-4-11 Permanent fund for use of State Veterans Home--Authorized expenditures--Procedure
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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 req…
SDCL § 33A-4-12 Contributions by residents--Maximum required
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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. So…
SDCL § 33A-4-15 Payment of maintenance charges during lifetime--Disposition of receipts
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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 ma…

SDCL § 33A-4-16 Distribution of assets of deceased resident

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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 prefe…

SDCL § 33A-4-17 Authority to turn deceased resident's property over to department--Subsequent claim for property

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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 …

SDCL § 33A-4-18 Claim for maintenance of deceased resident--Disposition of funds

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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, ret…

SDCL § 33A-4-19 Claim against estate of deceased spouse or dependent

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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 o…

SDCL § 33A-4-20 Transfers to avoid state's claim

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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.

SDCL § 33A-4-21 Authority of secretary to administer property descending to it

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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, …

SDCL § 33A-4-22 Handling personal funds of residents

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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;…

SDCL § 33A-4-24 Veterans' home operating fund created

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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 treasur…

SDCL § 33A-4-25 Eligibility for admission to State Veterans Home--Residency status

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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 a…

SDCL § 33A-4-26 Admission of spouses--Conditions--Resident status not affected by death or marriage

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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 hu…

SDCL § 33A-4-27 Admission of widows and widowers of veterans--Conditions

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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 mar…

SDCL § 33A-4-28 Nonveteran spouse considered resident

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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. …

SDCL § 33A-4-29 Application for admission to home--Form and contents--False application as forfeiture

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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 stipula…

SDCL § 33A-4-30 Approval of application for admission

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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 …

SDCL § 33A-4-31 Furloughs--Exceeding maximum furlough as forfeiture

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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 1…

SDCL § 33A-4-32 Discharge from home

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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 d…

SDCL § 33A-4-33 Admission of veterans with sufficient means

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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…

SDCL § 33A-4-35 Residence of members leaving home or adjudged mentally ill

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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 ho…

SDCL § 33A-4-36 Residence and right to vote preserved

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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…

SDCL § 33A-4-4 Enforcement of federal regulations--Promulgation of rules--Punishment for violation of rules

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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 d…

SDCL § 33A-4-6 Local management of home by superintendent--Appointment--Qualifications

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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 shal…

SDCL § 33A-4-7 Salary and residence of superintendent

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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 supervisio…

SDCL § 33A-4-8 Appointment of subordinate employees--Removal

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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 subo…

SDCL § 33A-4-9 Suspension of member for violation of rules--Hearing before secretary of veterans affairs

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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 in…