CHAPTER 40

(SB 171)

Public officials may not vote on issues that cause a conflict of interest.

         ENTITLED, An Act to  prohibit certain officials from voting if a conflict of interest exists.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  No county, municipal, or school official may participate in discussing or vote on any issue in which the official has a conflict of interest. Each official shall decide if any potential conflict of interest requires such official to be disqualified from participating in discussion or voting. However, no such official may participate in discussing or vote on an issue if the following circumstances apply:

             (1)    The official has a direct pecuniary interest in the matter before the governing body; or

             (2)    At least two-thirds of the governing body votes that an official has an identifiable conflict of interest that should prohibit such official from voting on a specific matter.

     If an official with a direct pecuniary interest participates in discussion or votes on a matter before the governing body, the legal sole remedy is to invalidate that official's vote.

     Signed March 9, 2005

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