Removal of board member or other person from office or employment--Criminal penalties--Disgorgement--Voidable contract

SDCL § 3-23-9 — under CONFLICTS OF INTEREST.

SDCL § 3-23-9

Any person who knowingly violates §§ 3-23-6 to 3-23-8 , inclusive, shall be removed from office or employment and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§ 3-23-6 to 3-23-8 , 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 person described in § 3-23-6 who has submitted a good faith disclosure or request for authorization pursuant to § 3-23-8 may be convicted of a crime under this chapter. Any benefit to a person derived from the person's knowing violation of §§ 3-23-6 to 3-23-8 , inclusive, is subject to disgorgement . Any contract made in violation of §§ 3-23-6 to 3-23-8 , inclusive, is voidable by the governing body of the local service agency, school district, or cooperative education service unit. Source: SL 2016, ch 33 , § 9; SL 2017, ch 31 , § 16; SL 2017, ch 74 , § 3.