reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-15 - Amount of bonus.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-16 - Fractional months.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-17 - Amount of bonus for dependent of deceased veteran.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-18 - Bonus amount for veteran with service connected disability.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-19 - Amendment of original claim or new claim by veteran with service connected disability.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-20 - Disqualifying factors.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-21 - Funds for payment of bonus.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-22 - Payments to minors.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-23 - Payments to incompetent persons.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-24 - Death of eligible veteran.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-25 - Promulgation of rules for payment of bonus.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-28 - False application--Misdemeanor.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-30 - Payment not subject to claims against recipient.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-31 - Separability of bonus provisions.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-32 - Reestablishment of eligibility for certain veterans to receive veterans bonus.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-33 - Multiple bonuses.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-34 - Honorary high school diploma to be awarded to veterans serving during certain periods.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-35 - Homeless veterans program or initiative.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 02 - Veterans And Servicemember Benefits › Section 33A-2-36 - Professional or occupational credit for certain military training and experience.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-1 - State Veterans Home--Department supervision.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-4 - Enforcement of federal regulations--Promulgation of rules--Punishment for violation of rules.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-6 - Local management of home by superintendent--Appointment--Qualifications.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-7 - Salary and residence of superintendent.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-8 - Appointment of subordinate employees--Removal.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-9 - Suspension of member for violation of rules--Hearing before secretary of veterans affairs.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-11 - Permanent fund for use of State Veterans Home--Authorized expenditures--Procedure.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-12 - Contributions by residents--Maximum required.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-15 - Payment of maintenance charges during lifetime--Disposition of receipts.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-16 - Distribution of assets of deceased resident.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-17 - Authority to turn deceased resident's property over to department--Subsequent claim for property.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-18 - Claim for maintenance of deceased resident--Disposition of funds.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-19 - Claim against estate of deceased spouse or dependent.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-20 - Transfers to avoid state's claim.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-21 - Authority of secretary to administer property descending to it.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-22 - Handling personal funds of residents.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-24 - Veterans' home operating fund created.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-25 - Eligibility for admission to veterans' home.

33A-4-25. Eligibility for admission to veterans' home.
Any veteran as defined by §33A-2-1, who has an honorable discharge, who has maintained a residence in the state at any time in the five years preceding the date of the application, and who has no income in excess of one thousand dollars per year above the maximum income limitation for pension benefits as determined by the United States Department of Veterans Affairs, is eligible for admission to the State Veterans' Home. For the purposes of this section, a residence is a physical structure in which a person resides and the term does not include a post office box or address of another mail service purchased by the veteran. A veteran who meets the residence requirements and has a rating of total disability as defined by the United States Department of Veterans Affairs for pension and compensation purposes is also eligible for admission. Membership 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. Any veteran who is an enrolled member of a federally recognized Indian tribe located wholly or partially in the state meets the residency requirement.
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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-26 - Admission of spouses--Conditions--Resident status not affected by death or marriage.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-27 - Admission of widows and widowers of veterans--Conditions.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-28 - Nonveteran spouse considered resident.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-29 - Application for admission to home--Form and contents--False application as forfeiture.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-30 - Approval of application for admission.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-31 - Furloughs--Exceeding maximum furlough as forfeiture.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-32 - Discharge from home.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-33 - Admission of veterans with sufficient means.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 04 - South Dakota State Veterans Home › Section 33A-4-35 - Residence of members leaving home or adjudged mentally ill.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 05 - Burial Of Veterans › Section 33A-5-1 - Authority of county veterans' service officer or field officer.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 05 - Burial Of Veterans › Section 33A-5-2 - Payment for burial of veteran--Eligibility of veteran or spouse for burial at state's expense.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 05 - Burial Of Veterans › Section 33A-5-4 - Headstone provided by federal government to be erected--Maximum expense--Time for claim--Private option.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 05 - Burial Of Veterans › Section 33A-5-5 - Public expenses--Payment procedure.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 05 - Burial Of Veterans › Section 33A-5-6 - Appropriation for expenses.

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.
2023 South Dakota Codified Laws › Title 33A - Veterans Affairs › Chapter 05 - Burial Of Veterans › Section 33A-5-7 - County appropriations to purchase burial plots--Conditions.

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.