The amendment completely rewrote the veteran discharge certificate access rules, shifting from a broad eligibility framework with compensation/pension claim exceptions to a narrower list of seven specific authorized requesters (veteran, VA representative, designee, legal representative, specific types of service officers, accredited veterans organizations, and deceased veteran's next of kin) while removing the special provision for free certified copies related to compensation or pension claims. This NARROWS access to veteran discharge certificates by replacing a more permissive standard with a strictly enumerated list of who may request copies.
26.407.9 26.407.10 101st Legislative Session 35 2026 South Dakota Legislature Senate Bill 35 Introduced by: The Chair of the Committee on Military and Veterans Affairs at the request of the Department of Veterans Affairs Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise the process for requesting a veteran's certificate of discharge from 1 a county register of deeds. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 33A-2-8 be AMENDED: 4 33A-2-8. The provisions of subdivision 43-28-2(7) apply to any certificate of 5 discharge of any person who is a veteran as defined in § 33A-2-1. The certificate shall be 6 recorded without charge and a certified copy of each version of the veteran's discharge, 7 excluding any copy that does not reflect the veteran's character of discharge, shall be 8 furnished to the person named in the certificate or the person's dependents without charge 9 if requested for the purpose of presenting or prosecuting a claim for compensation or 10 pension. Otherwise, a discharge document recorded by the recorder or a designated 11 official may be made available only to the veteran, the veteran's parents, the veteran's 12 next of kin, the veteran's legal representative, a county veterans service officer, a 13 nationally accredited veterans' organization service officer, the Department of Veterans 14 Affairs, or the veteran's designee. Any person requesting a discharge document shall 15 complete a form containing a statement specifying the person's eligibility to receive the 16 document based upon this section. The Department of Veterans Affairs shall provide the 17 forms to each county register of deeds 18 A veteran may record, with a county register of deeds, any certificate of discharge 19 from service in the armed forces of the United States or the National Guard, without 20 charge. 21 The county register of deeds shall provide a certified copy of the veteran’s 22 certificate of discharge, without charge, upon request from: 23 (1) The veteran; 24 (2) A representative of the Department of Veterans Affairs; 25 (3) An individual designated by the veteran to have access to the certificate; 26 26.407.9 2 35 Underscores indicate new language. Overstrikes indicate deleted language. (4) The veteran's legal representative; 1 (5) A veterans' service officer that is: 2 (a) Employed by a county in this state, pursuant to § 33A-1-22; or 3 (b) Appointed by an Indian tribe, pursuant to § 33A-1-29; 4 (6) A veterans service organization representative, accredited by the United States 5 Department of Veterans Affairs; or 6 (7) The veteran's next of kin, if the veteran is deceased. 7 This section does not apply to a version of a veteran's certificate of discharge that 8 does not display the veteran's type of discharge. 9 An individual requesting a certified copy of a veteran's certificate of discharge shall 10 submit to the register of deeds a form, provided by the Department of Veterans Affairs, 11 that discloses the individual's eligibility to be issued the certified copy pursuant to this 12 section. 13 26.407.10 2 35 SB35 ENROLLED An Act to revise the process for requesting a veteran's certificate of discharge from a county register of deeds. I certify that the attached Act originated in the: Senate as Bill No. 35 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 35 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State