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.

Section 33A-1-22 obliges the board of county commissioners of each county to employ a county veterans service officer, join with another county or counties in employing one, or contract with the Department of Veterans Affairs to provide the services. It is a duty on the county, not an option, and employment is contingent on approval by the secretary of veterans affairs. An act of 2024 added the shared-employment and contracting alternatives, which is how the smallest counties comply. Section 33A-1-29 lets an Indian tribe appoint a veterans service officer on the same terms and conditions as a county officer, or contract with the department for the service. Section 33A-1-30 provides for salary reimbursement and services for tribes and tribal officers. South Dakota is one of the few states that put tribal service officers in the statute rather than leaving them to a memorandum of understanding. What the officer is for. Section 33A-1-24 puts the duties of the county officer under the direction of the department. Section 33A-1-13 is the substantive promise: 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, and shall prosecute the claim without charge. That is the free alternative the paid-consultant disclosure rules in 33A-2-38 require a commercial operator to tell a veteran about. Training is a condition of the money rather than of the job. Section 33A-1-26 requires a training program with attendance and testing and a certification of compliance, and 33A-1-33 makes state reimbursement of a county contingent on the officer completing it. The salary schedule in 33A-1-32 is a floor a county may adopt, last raised in 2023, running from $8,250 a year for counties up to 5,000 population to $20,625 for counties of 50,000 and over. Section 33A-1-31 caps state reimbursement at twenty-five percent of that schedule, so the county carries at least three quarters of the cost. Those figures explain why the officer in a small county is frequently part time. Confidentiality is stronger here than in the property tax program. Section 33A-1-21 makes the contents of, and all files, records, reports, papers and documents pertaining to, any claim under chapters 33A-1 to 33A-5 confidential and privileged except to the veteran, the veteran's dependents, or their duly authorised agents. Investigatory material compiled to determine suitability or eligibility is additionally exempt from release where disclosure would reveal a source who was promised confidence. Section 33A-1-20 gives the department investigative authority and access to records, 33A-1-19 assigns an assistant attorney general to the department, and 33A-1-34 directs that the whole chapter be construed liberally to effectuate its purposes, which is a rule of construction a veteran can cite in an argument about scope.

Thresholds

Thresholds for South Dakota County and Tribal Veterans Service Officers
GateRule
Every county must have access to an officerA 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 statuteAn 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 chargeThe 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 privilegedFiles 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

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Ch. 16, L. 2026 (Senate Bill 132) Made consultation with the Veterans Council mandatory and quarterly, and opened its membership

Catalog reconciledEnactedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  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.

Sponsors

  • Keri WeemsRepublican, House, District 11
  • Larry ZikmundRepublican, Senate, District 14

And 19 co-sponsors

Touches SDCL § 1-46A-5

Official record

Ch. 133, L. 2025 (House Bill 1238) Regulated paid assistance with veterans benefit claims

Catalog reconciledEnactedProgram created

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Requires anyone paid to help with a veterans benefit claim to sign a written agreement disclosing terms and fees.

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.

Sponsor

  • Tim GoodwinRepublican, House, District 30

And 4 co-sponsors

Touches SDCL § 33A-2-37 · SDCL § 33A-2-38 · SDCL § 33A-2-39 · SDCL § 33A-2-40 · SDCL § 33A-2-41

Official record

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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.