Title 33A — VETERANS AFFAIRS

For the purposes of this chapter, a veteran is a person who meets the provisions of §

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 …

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.

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 …

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 sh…

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 Repealed by SL 2011, ch 152 , §§ 10, 11. 33A-1-19 Assistant attorney general assigned to department. 33A-1-20 Investigative authority of department--Access to records.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 Dep…

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. Or…

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 ordin…

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 protec…

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 t…

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 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…

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 requir…

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 …

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…

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 …

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 successfu…

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 sa…

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, furn…

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 o…

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, ef…

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 trib…

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…

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 count…

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

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.

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.

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.

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.

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.

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 …

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

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…

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…

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…

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…

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…

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…

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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 …

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 …

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…