South Dakota Codified Laws
Chapter 23 - Conflicts Of Interest
Section 3-23-2 - Circumstances under which state authority, board, or commission member derives direct benefit.

3-23-2. Circumstances under which state authority, board, or commission member derives direct benefit.
An elected or appointed member of a state authority, board, or commission derives a direct benefit from a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets:
(1)Is a party to or intended beneficiary of the contract;
(2)Has more than a five percent ownership interest in an entity that is a party to the contract;
(3)Acquires property under the contract; or
(4)Will receive from the contracting party compensation, commission, promotion, or other monetary benefit that is directly attributable to the contract.

Source: SL 2016, ch 33, §2; SL 2017, ch 31, §3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 3 - Public Officers and Employees

Chapter 23 - Conflicts Of Interest

Section 3-23-1 - State authority, board, and commission members prohibited from having interest in or deriving direct benefit from contract.

Section 3-23-1.1 - Definitions.

Section 3-23-2 - Circumstances under which state authority, board, or commission member derives direct benefit.

Section 3-23-2.1 - Circumstances under which state authority, board, or commission member has interest in contract.

Section 3-23-2.2 - Circumstances under which state authority, board, or commission member does not derive direct benefit from or have interest in contract.

Section 3-23-3 - Circumstances under which state authority, board, or commission may authorize member to derive direct benefit from contract.

Section 3-23-3.1 - Circumstances under which state authority, board, or commission member may have interest in contract.

Section 3-23-4 - Circumstances under which authority, board, or commission may contract with former member.

Section 3-23-5 - Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract.

Section 3-23-6 - School districts and cooperative education service units--Officials with contract authority--Prohibitions on interest in or direct benefit from contract.

Section 3-23-7 - Officials with contract authority--Description of direct benefit from contract.

Section 3-23-7.1 - Officials with contract authority--Description of interest in contract.

Section 3-23-7.2 - Officials with contract authority--Exclusions from interest in or direct benefit from contract.

Section 3-23-8 - Officials with contract authority--Authorizing interest in or direct benefit from contract.

Section 3-23-8.1 - Written conflict of interest policy.

Section 3-23-9 - Removal of board member or other person from office or employment--Criminal penalties--Disgorgement--Voidable contract.

Section 3-23-10 - Authorities, boards, and commissions subject to chapter.