Title 33A, VETERANS AFFAIRS

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…

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…

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…

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.

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…

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…

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…

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, …

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…

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…

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…

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…

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…

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…

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 …

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…

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…

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.

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, …

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;…

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…

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…

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…

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…

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. …

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…

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 …

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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' servi…

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 Sta…

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 …

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 …

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 …

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.

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.

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.

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…