Section

VETERANS HOMES, SOUTH DAKOTA CODE, 1939, §§ 41.0201-041.0213

41.0201

41.0202

Terms of office.

41.0203

41.0204

Oath; bond.

41.0205

41.0206

41.0201 Management; Board. The South Dakota Soldiers' Home shall be under the control and general supervision of the State Board of Managers, which shall consist of three members, to be appointed by the Governor and confirmed by the Senate.

Source: § 9948 Rev. Code 1919.

41.0202 Terms of office. The terms of office of the members of such Board shall be for a period of two years from the first day of April next succeeding the date of their respective appointments. All members of the Board shall hold office until their successors are appointed and have qualified. The Governor shall appoint persons to fill all vacancies which may occur in the membership of such Board and the persons so appointed shall hold office until the next session of the Legislature following their appointment.

Source: § 9949 Rev. Code 1919, revised in form only.

41.0203 Compensation. The compensation of each member of such Board shall be five dollars for each day actually and necessarily employed, and all such expenses as are actually and necessarily incurred in the proper discharge of his duties as such. No member of such Board shall receive to exceed the sum of three hundred dollars as per diem in any one year.

Source: 9950 Rev. Code 1919, revised in form only.

41.0204 Oath; bond.-Before entering upon the discharge of his official duties, each member of such Board shall take and subscribe the constitutional oath, and shall furnish a bond in the penal sum of two thousand dollars, payable to the state, with good and sufficient sureties to be approved, recorded, and filed as the official bonds of other state officers, conditioned for the faithful performance of his duties.

Source: $9951 Rev. Code 1919.

41.0205 Meetings.-The State Board of Managers shall hold four regular meetings each year, and such special meetings as in its opinion shall be necessary. The regular meetings of such Board shall be held in the city of Hot Springs upon the first Wednesday in the months of January, April, July, and October of each year. Such Board shall at the first meeting in each year elect one of its members as president and one secretary, both of whom shall serve without extra compensation. A full and complete record of all the proceedings of the Board shall be kept, and a full report, not exceeding twenty pages in length, of the general condition of the Soldiers' Home, showing in detail all receipts and disbursements, shall be made biennially to the Governor at the time and in the manner provided in title 48, "Offices and Officers" and in title 55, "State Government", Ch. 55.28, "Purchasing and Printing." Any member of such Board who shall consent to or permit the expenditure of any money appropri ated for the benefit of the Soldiers' Home for any other purpose than the specific purpose for which the same shall have been appropriated shall be liable personally and upon his official bond to the state for the amount of money so expended.

Source: $ 9952 Rev. Code 1919.

41.0206 Powers and duties of Board.-Such Board shall provide for the local management of such Home by the appointment of a Superintendent, who shall be a resident of this state and who shall not be a resident of the county in which such Home is located. It shall provide for the enforcement of all such rules and regulations as are now or may hereafter be required by the statutes of the United States to enable this state to receive such aid as is usually extended by the national government to states which maintain institutions of like character. It shall be the duty of such Board to prescribe the method of the local management of such Home, and it shall make and enforce such rules and regulations not inconsistent with the laws of this state or the purpose of the institution as it shall deem necessary and proper for the maintenance of order and discipline and the preservation of the health and comfort of the members of such Home. Any violation of such rules and regulations may be punishable by suspension or expulsion in the judgment of the Board of Managers upon the charges filed by the Superintendent of the Home. The Superintendent shall have power to temporarily suspend and expel any member of said Home for the violation of such rules and regulations pending a final hearing before the Board of Managers whenever he shall deem it for the best interest of said institution and such temporary suspension and expulsion shall be and remain in effect until the final hearing by said Board of Managers 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. If any member is expelled by the Board he or she shall have the right to appeal to the Governor, but such expulsion shall stand unless such member be reinstated by the Governor. At any hearing or complaint before the Board, the chairman of said Board shall have the power to subpoena and swear witnesses appearing at said hearing with the same force and effect as any other officer authorized to administer oaths or swear witnesses by the statutes of this state.

Source: 9953 Rev. Code 1919, as am. by Ch. 227, 1931.

41.0207 Salaries of Superintendent, officers, and employees.-The Superintendent of such Home shall receive a salary to be fixed by the Board of Managers of the State Soldiers' Home. He shall reside at the Home, and under the direction of the Board of Managers shall have charge of the local management and supervision of the institution. He shall appoint, subject to approval of such Board, such subordinate employees as are necessary for the proper conduct of the Home. All subordinate employees appointed by such Superintendent shall receive such compensation as such Board shall fix, and shall be subject to removal by the Superintendent for inefficiency or misconduct. Such Superintendent shall recommend to such Board of Managers such measures as he may deem necessary for the government of the Home.

Source: 9954 Rev. Code 1919, as am. by Ch. 269, 1923.

41.0208 Admission to Home; eligibility.-The wife of any veteran of the Civil War, the Spanish-American War, Indian Wars, the Philippine Insurrection, or World War, who is eligible to become a member of the Home, may be admitted with her husband; provided that such wife shall have attained the age of sixty years, and have been married to her veteran husband for a period of not less than five years. She shall be subject to the same house rules and rules as to furlough and discharge as her husband.

The widow of any veteran of the Civil War, the Spanish-American War, Indian Wars, the Philippine Insurrection, or World War may be admitted to membership in the Home, upon the following conditions: she shall have attained the age of sixty years, and must have been a resident of this state for the period of three years next preceding the date of the application, and shall not have sufficient means or income to support herself; she shall be subject to the same house rules as to furlough, suspension, and discharge, as the veterans of the Home. Any veteran of the Civil War, Mexican War, Spanish-American War, Indian Wars, Philippine Insurrection, all American Expeditionary Forces on the Mexican border and in Mexico, or the World War, who has an honorable discharge and who has been a resident of this state for a period of three years next preceding the date of the application, who is incapacitated from earning a livelihood and

who has no income in excess of nine hundred dollars per annum, and who is without sufficient income to support himself shall be eligible to admission to such Home.

Source: 9955 Rev. Code 1919, as am. by Ch. 364, 1921, § 1, (1), Ch. 270, 1923, § 1, Ch. 287, 1925, Ch. 225, 1929, and Ch. 225, 1937; and § 1, (2) and (3), Ch. 270, 1923, as am. by $2 and 3, Ch. 287, 1925, Ch. 207, 1927, and Ch. 224, 1929, combined to unite related subject matter.

41.0209 Application. All applications for admission to such Home shall be made in writing upon blank forms, which shall be furnished by the State Board of Managers. Such applications shall be presented to the county judge of the county in which such applicant resides. Upon presentation of an application for admission to such Home, the county judge shall consider the same and shall make a full and complete investigation as to the applicant's qualifications for admission.

Source: 9956 Rev. Code 1919.

41.0210 Order on application.-If after a full and complete investigation the county judge shall find the applicant is legally entitled to admission, he shall indorse upon his application a certificate to that effect, together with a complete statement of his findings as to the applicant's army record, residence, property, and physical disability. Such application, when it is so certified, shall be immediately forwarded to the Superintendent of the Home, and upon receipt of such application, if the same is proper in form and properly certified, the Superintendent shall admit the applicant.

Source: 9957 Rev. Code 1919.

41.0211 Furlough.-Furloughs shall not be granted for more than six months in each year, commencing with the date of furlough.

Source: 9958 Rev. Code 1919.

41.0212 Discharge. Any inmate of the Home may be required to accept an honorable discharge, whenever he has sufficient ability and means to support himself and is not mentally or physically incapacitated. Such discharge shall be given upon recommendation of the Superintendent and order of the Board of Managers.

Source: 9959 Rev. Code 1919.

41.0213 Permanent incidental fund. The permanent incidental fund heretofore provided for the use of the Superintendent of the South Dakota Soldiers' Home is hereby continued. Such fund shall be kept and used by the Superintendent of said Home for the payment of bills for freight, express, mileage, postage, and such other incidental expense of said Home as shall require immediate payment pending the issuance of Auditor's warrant upon the State Treasury therefore, and for no other purpose whatever. In each case where such payment is made, the amount shall be returned to the permanent incidental fund immediately upon the receipt of the State Auditor's warrant covering the bill for which such expenditure was made.

Source: Ch. 230, 1931, revised in form only.

VETERANS HOMES, SOUTH DAKOTA CODE, 1952, §§ 41.0201.1 TO 41.0219

CHAPTER 41.02

SOUTH DAKOTA SOLDIERS' HOME

Section

41.0201-1 Board: apopintment; terms of office; compensation; reference to chapter. 41.0208

Admission to home; eligibility.

Application.

Furlough.

Discharge.

41.0209

41.0210

Order on application.

41.0211

41.0212

41.0214

41.0215

41.0216

41.0217

Voting residence of member unchanged.

41.0218

41.0219

Limitations on admissions: residence at time of admittance not affected by discharge.

Contributions to maintenance; conditions.

Compensation of members apportioned to dependents.

Receipts transferred to general fund.

Admission of dependent members; payment for support.

41.0201-1 Board: appointment; terms of office; compensation; reference to chapter. The State Board of Managers of the South Dakota Soldiers' Home created and established by section 41.0201 of the South Dakota Code of 1939

is hereby abolished and a new board is hereby created and established to be known as the Sanitarium and Soldiers' Home Board. Said Board shall be comprised of five members, two of whom shall be war veterans and one a doctor of medicine duly licensed to practice in the state of South Dakota, to be appointed by the Governor, with the advice and consent of the Senate, and whose term of office shall be five years except as to the first members appointed hereunder, two members shall be appointed for two years, two for three years, and one for five years. The person so appointed shall hold office until the next session of the Legislature following that appointment.

Each member of the Board shall be paid an annual salary of one thousand dollars payable monthly and the actual and necessary expenses incurred in the performance of their duties. Said Board shall hold meetings once in each month at such institutions as may be placed under its control. Said Board shall organize by the election of a president and one secretary who shall serve without additional compensation.

Wherever in chapter 41.02 of the South Dakota Code of 1939 as amended, the term "State Board of Managers", "Board of Managers" shall appear it shall mean the Sanitarium and Soldiers' Home Board established by this section. Source: $ 1, 2, Ch. 210, 1951.

NOTE.

Effective date July 1, 1951.

The above section amends sections 41.0201, 41.0202, 41.0203 and 41.0205 of the South Dakota Code of 1939 in part by implication.

41.0208 Admission to home; eligibility.-Any veteran of the Civil War, Mexican War, Spanish-American War, Indian Wars, Philippine Insurrection, all American Expeditionary Forces on the Mexican border and in Mexico, the World War, World War II, or who served in the Armed Forces of the United States, as that term is defined by section 19 of article XIII of the South Dakota State Constitution, during the period between June 25, 1950 and the date when the Governor by proclamation shall have declared existing hostilities to have ceased, who has an honorable discharge and who has been a resident of the state for a period of six years next preceding the date of the application, who is incapacitated from earning a livelihood and who has no income in excess of nine hundred dollars per annum, and who is without sufficient income to support himself shall be eligible to admission to such Home, provided, however, that nothing in this section contained shall bar from admission to the State Soldiers' Home any war veteran who has a rating of total disability.

The wife of any veteran of the Civil War, the Spanish-American War, Indian Wars, the Philippine Insurrection, World War, World War II, or who served in the Armed Forces of the United States, as that term is defined by section 19 of article XIII of the South Dakota State Constitution, during the period between June 25, 1950 and the date when the Governor by proclamation shall have declared existing hostilities to have ceased, who is eligible to become a member of the Home, may be admitted with her husband; provided, that such wife shall have attained the age of sixty years, and have been married to her veteran husband for a period of not less than ten years. She shall be subject to the same house rules and rules as to furlough and discharge as her husband.

The widow of any veteran of the Civil War, the Spanish-American War, Indian Wars, the Philippine Insurrection, World War, World War II or who served in the Armed Forces of the United States, as that term is defined by section 19 of article XIII of the South Dakota State Constitution, during the period between June 5, 1950 and the date when the Governor by proclamation shall have declared existing hostilities to have ceased, may be admitted to membership in the Home, upon the following conditions: she shall have attained the age of sixty years, and must have been a resident of this state for the period of six years next preceding the date af application, and shall not have sufficient means of income to support herself, she shall be subject to the same house rules as to furlough, suspension, and discharge, as the veterans of the Home.

Source: 1, Ch. 155, 1939; § 1, Ch. 172, 1941; § 1, Ch. 145, 1943; § 1, Ch. 175, 1945; § 1, Ch. 211, 1951.

Effective date July 1, 1951.

41.0209 Application. All applications for admission to such Home shall be made in writing upon blank forms, which shall be furnished by the State Board of Managers. Such applications shall be presented to the county judge of the county in which such applicant resides, and such application shall include a

complete financial and property statement of said applicant. Upon presentation of an application for admission to such Home, the county judge shall consider the same and shall make a full and complete investigation as to the applicant's qualifications for admission. It shall be the duty of the county judge to call upon and notify the South Dakota Veterans' Department in connection with any application for admission to such Home and said Department shall assist the county judge in making a thorough investigation as to the qualifications of the applicant. It shall be the duty of the said Department to make a report in writing, including the financial statement, one copy of which shall be filed with the records of the South Dakota Veterans' Department, one copy shall be submitted to the Superintendent of the State Soldiers' Home and one copy shall be filed with the county judge.

Source: 1, Ch. 212, 1951.

Effective date July 1, 1951

41.0210 Order on application.-If after a full and complete investigation the county judge shall find the applicant is legally entitled to admission, he shall indorse upon his application a certificate to that effect, together with a complete statement of his findings as to the applicant's army record, residence, property, and physical disability. Such application, when it is so certified, shall be immediately forwarded to the Superintendent of the Home, and upon receipt of such application, if the same is proper in form and properly certified, the Superintendent shall submit the applicant, subject to the approval or disapproval of the South Dakota Board of Managers at its next regular meeting.

Source: § 2, Ch. 155, 1939.

Effective date July 1, 1939.

41.0211 Furlough.-Furloughs shall not be granted for more than three months in each year, commencng with the date of the furlough. Source: 2, Ch. 212, 1951.

Effective date July 1, 1951.

41.0212 Discharge.-Any inmate of the Home may be required to accept an honorable discharge, wherever he has sufficient ability and means to support himself. Such discharge shall be given upon recommendation of the Superintendent and order of the Board of Managers.

Source: 3, Ch. 155, 1939.

Effective date July 1, 1939.

41.0214 Limitations on admissions; residence at time of admittance not affected by discharge.-No person shall be received or retained in the Home who is insane, is an inebriate, or is addicted to the use of drugs. When a member of the Home is discharged therefrom, or voluntarily leaves the Home, or is adjudged insane after admittance, his or residence shall be that of the county in which he or she was residing at the time of his or her admittance to the Home. Source: $3, Ch. 212, 1951.

Effective date July 1, 1951.

41.0215 Contributions to maintenance; conditions.-Every member of the Home who receives a pension, compensation or gratuity from the United States government or fixed income from any source of more than ninety dollars a month shall be required to contribute to his or her maintenance, care or support while a member of the Home. Such contribution shall be determined on such basis as the Board of Managers may decide and shall not exceed the cost of support of members at the Home as determined by the State Board of Managers. Source: 4, Ch. 212, 1951.

Effective date July 1, 1951.

41.0216 Compensation of members apportioned to dependents. Each member of the Home who receives a pension or compensation and who has a dependent wife or minor child shall deposit with the Superintendent forthwith on receipt of his pension or compensation check one-half of the amount thereof,