South Dakota Codified Laws
Chapter 23 - Conflicts Of Interest
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.

3-23-2.2. Circumstances under which state authority, board, or commission member does not derive direct benefit from or have interest in contract.
A state authority, board, or commission member does not derive a direct benefit from or have an interest in a contract:
(1)Based solely on the value associated with the member's publicly-traded investments or holdings, or the investments or holdings of any other person with whom the member lives or commingles assets;
(2)By participating in a vote or a decision in which the member's only interest arises from an act of general application;
(3)If the member is a state employee and is authorized to enter into the contract pursuant to §§5-18A-17 through 5-18A-17.6, inclusive;
(4)If the contract is for the sale of goods, or for maintenance or repair services, in the regular course of business at or below a price offered to all customers;
(5)If the contract is subject to a public bidding process; or
(6)If the contract is for the deposit of public funds in a financial institution as otherwise authorized by law.

Source: SL 2017, ch 31, §5.

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.