SDVAAVeterans Preference

SDVAA Veterans Preference

During the 2016 South Dakota Legislative Session House Bill 1056 (HB 1056) passed through the House and the Senate and was signed into law by Gov. Daugaard on February 18, 2016.

HB 1056 made changes to the provisions which govern veterans’ preference for all state departments, counties, municipalities and school districts within our borders.

The major change to the then existing law was that this new statute guarantees a veteran who meets the minimum qualifications for the position he or she has applied for an interview for that position. Further, a veteran with a service-connecteddisabilityshallbegivenpreferenceover a non-disabled veteran.

A veteran is defined in SDCL 33A-2-1 and reads as follows:

33A-2-1. Veterandefined.Forthepurposesofallstatutes relating to rights, privileges, ceremonial recognition, exemptions,andbenefits(exceptastatebonus)ofveterans and their dependents, the term, veteran, means any person who: (1) Has served the full obligation for active duty, reserve, or National Guard service in the military, or received an early discharge for a medical condition, hardship, reduction in force, or at the convenience of the military; and

(2) Has been separated or discharged from such service honorably or under honorable conditions.

For purposes of this section, the term, benefits, includes veterans designation on a driver license or identification card, veterans license plates, veterans job preference, and burial benefits pursuant to §§ 33A-5-2 and 33A-5-3.

In order to determine whether or not veterans’preference is applicable each hiring agency is required to provide an applicationforemploymentthataskseachapplicantifthey haveservedinthemilitaryandifthatapplicantreceivedan honorable discharge for their military service.

This correspondence also satisfies the Department of Veterans Affairs requirement to provide written notice of the current state laws pertaining to veterans’preference in employment.

Further questions relating to veterans’ preference in employment should be directed to the South Dakota Department of VeteransAffairs (605.773.3269).