3-23-5. Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract.
Any elected or appointed state authority, board, or commission member who knowingly violates §§3-23-1 to 3-23-4, inclusive, shall be removed from the authority, board, or commission and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§3-23-1 to 3-23-4, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A. No authority, board, or commission member who has submitted a good faith request for authorization pursuant to §3-23-3 may be convicted of a crime under this chapter. Any benefit to the authority, board, or commission member in violation of §§3-23-1 and 3-23-2 is subject to disgorgement and any contract made in violation of this chapter is voidable by the authority, board, or commission.
Source: SL 2016, ch 33, §5; SL 2017, ch 31, §9.
Structure South Dakota Codified Laws
Title 3 - Public Officers and Employees
Chapter 23 - Conflicts Of Interest
Section 3-23-1.1 - Definitions.
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 3-23-8.1 - Written conflict of interest policy.
Section 3-23-10 - Authorities, boards, and commissions subject to chapter.