Title 3 — PUBLIC OFFICERS AND EMPLOYEES
37 chapters · 1,057 sections in this title.
SDCL § 3-23-1 State authority, board, and commission members prohibited from having interest in or deriving direct benefit from contract
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No elected or appointed member of a state authority, board, or commission may have an interest in or derive a direct benefit from any contract: (1) With the state agency to which the authority, board, or commission is attached for reporting or oversight purposes that requires the…
SDCL § 3-23-1.1 Definitions
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Terms used in this chapter mean: (1) "Board member," an elected or appointed member of the governing board; (2) "Cooperative education service unit," a legal entity created pursuant to §§ 13-5-31 to 13-5-33 , inclusive, including subcontractors, agents or assigns of the cooperati…
SDCL § 3-23-10 Authorities, boards, and commissions subject to chapter
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The following authorities, boards, or commissions are subject to this chapter: (1) South Dakota Building Authority; (2) Board of Economic Development; (3) South Dakota Housing Development Authority; (4) South Dakota Health and Education Facilities Authority; (5) Science and Techn…
SDCL § 3-23-11 SDCL 3-23-11
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Repealed by SL 2017, ch 74 , § 4.
SDCL § 3-23-2 Circumstances under which state authority, board, or commission member derives direct benefit
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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; (…
SDCL § 3-23-2.1 Circumstances under which state authority, board, or commission member has interest in contract
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An elected or appointed member of a state authority, board, or commission has an interest in a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets: (1) Is employed by a party to the contract; or (2) Receives more than n…
SDCL § 3-23-2.2 Circumstances under which state authority, board, or commission member does not derive direct benefit from or have interest in contract
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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…
SDCL § 3-23-3 Circumstances under which state authority, board, or commission may authorize member to derive direct benefit from contract
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Any elected or appointed state authority, board, or commission may authorize an authority, board, or commission member to derive a direct benefit from a contract if: (1) The member has provided full disclosure to the authority, board, or commission, including: (a) All parties to …
SDCL § 3-23-3.1 Circumstances under which state authority, board, or commission member may have interest in contract
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Any elected or appointed state authority, board, or commission member may have an interest in a contract if: (1) The member, upon learning of the interest subject to the provisions of this chapter or a transaction that may create an interest subject to the provisions of this chap…
SDCL § 3-23-4 Circumstances under which authority, board, or commission may contract with former member
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Within the one-year period prohibiting any contract with an elected or appointed authority, board, or commission member, the authority, board, or commission may approve a former member to contract with the elected or appointed authority, board, or commission if the authority, boa…
SDCL § 3-23-5 Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract
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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 , …
SDCL § 3-23-6 School districts and cooperative education service units--Officials with contract authority--Prohibitions on interest in or direct benefit from contract
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No board member, business manager, chief financial officer, superintendent, chief executive officer, or other person with the authority to enter into a contract or spend money in an amount greater than five thousand dollars of a school district, cooperative education service unit…
SDCL § 3-23-7 Officials with contract authority--Description of direct benefit from contract
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A person described in § 3-23-6 derives a direct benefit from a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets: (1) Is a party to or intended beneficiary of any contract held by the school district or cooperative e…
SDCL § 3-23-7.1 Officials with contract authority--Description of interest in contract
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A person described in § 3-23-6 has an interest in a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets: (1) Is employed by a party to any contract with the school district or cooperative education service unit; or (2)…
SDCL § 3-23-7.2 Officials with contract authority--Exclusions from interest in or direct benefit from contract
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A person described in § 3-23-6 does not derive a direct benefit from or have an interest in a contract: (1) Based solely on the value associated with the person's publicly-traded investments or holdings, or the investments or holdings of any other person with whom the board membe…
SDCL § 3-23-8 Officials with contract authority--Authorizing interest in or direct benefit from contract
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A school district or cooperative education service unit may authorize a person described in § 3-23-6 to derive a direct benefit from a contract if: (1) The person has provided full written disclosure to the agency, district, or unit governing board of all parties to the contract,…
SDCL § 3-23-8.1 Written conflict of interest policy
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Each school district or cooperative education service unit shall develop a written conflict of interest policy, including any disclosure and authorization form that includes the list of any disclosable interest in contracts or direct benefits covered by this chapter. Source: SL 2…
SDCL § 3-23-9 Removal of board member or other person from office or employment--Criminal penalties--Disgorgement--Voidable contract
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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 pen…