Miscellaneous
South Dakota County and Tribal Veterans Service Officers
Every county must employ, share, or contract for a veterans service officer, tribes may appoint their own, and the state prosecutes federal claims without charge. Department records on a claim are confidential by statute.
Also called: 33A-1-22, 33A-1-29, 33A-1-13, county veterans service officer, tribal veterans service officer, confidential records, 33A-1-21, free representation.
For: Veteran or service member, spouse, child.
Where it applies
Written for the jurisdictions listed here.
- South DakotaState
Thresholds
| Gate | Rule |
|---|---|
| Every county must have access to an officer | A county must employ a veterans service officer, join with other counties to employ one, or contract with the Department of Veterans Affairs. The secretary must approve the employment. |
| Tribes may appoint their own officers by statute | An Indian tribe may appoint a veterans service officer on the same terms as a county officer, or contract with the department, with salary reimbursement and services provided for. |
| Federal claims prosecuted without charge | The department acts as agent for a veteran, Guard or reserve member, or dependent with a claim against the United States arising from service, and prosecutes it without charge. |
| Claim records are confidential and privileged | Files and records pertaining to a claim under chapters 33A-1 to 33A-5 are confidential except to the veteran, the veteran’s dependents, or their authorised agents. |
Sources
Legislation
Law the tracker is watching for this entry. See the legislation tracker for every jurisdiction.
Ch. 16, L. 2026 (Senate Bill 132) Made consultation with the Veterans Council mandatory and quarterly, and opened its membership
- Introduced Done, , step 1 of 6
- In committee Done, , step 2 of 6
- Passed one chamber Done, , step 3 of 6
- Passed both chambers Done, , step 4 of 6
- Signed by the governor Done, , step 5 of 6
- In effect Done, , step 6 of 6
No change to benefits Changes how the department consults the Veterans Council; no benefit changes.
Amended 1-46A-5 so the Department of Veterans Affairs shall, rather than may, consult the South Dakota Veterans Council, changed the interval to quarterly, and added an express duty on the council to provide recommendations on budgets, legislation, policies and programs affecting veterans and their dependents. Membership was restated as one representative each of the American Legion, Disabled American Veterans, the Military Order of the Purple Heart, National American Indian Veterans, Paralyzed Veterans of America, the Veterans of Foreign Wars and Vietnam Veterans of America chapters 1054 and 959, and any congressionally chartered veterans organisation invited to join by a unanimous vote of the representatives. National American Indian Veterans was not on the previous list. Tracked because the council is the body 3-3-9 uses to distribute the veterans preference materials and the body 33A-5-14 makes report annually on the cemetery endowment.
Touches SDCL § 1-46A-5
Also touches
Ch. 133, L. 2025 (House Bill 1238) Regulated paid assistance with veterans benefit claims
- Introduced Done, , step 1 of 6
- In committee Done, , step 2 of 6
- Passed one chamber Done, , step 3 of 6
- Passed both chambers Done, , step 4 of 6
- Signed by the governor Done, , step 5 of 6
- In effect Done, , step 6 of 6
Created 33A-2-37 to 33A-2-42. A person taking compensation to advise, assist or consult on a veterans benefits matter must sign a written agreement disclosing terms, compensation and four specific facts including that other organisations may do the same work free of charge, may not charge an initial or nonrefundable fee, may not guarantee an outcome or a level of benefit, may not be paid for a claim filed inside the one-year presumptive period after release from active duty without a signed waiver, may not use international call centres or a veteran’s own log-in credentials, and may not take a referral fee. Compensation must be contingent on an increase in the benefit awarded and may not exceed five times the monthly increase. The attorney general may impose a civil penalty of up to five thousand dollars. Accredited agents, attorneys and representatives regulated by the federal Department of Veterans Affairs are outside the chapter.
Touches SDCL § 33A-2-37 · SDCL § 33A-2-38 · SDCL § 33A-2-39 · SDCL § 33A-2-40 · SDCL § 33A-2-41
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.