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;

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Terms Used In South Dakota Codified Laws 33A-5-2

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Decedent: A deceased person.

(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.