prohibit certain state officers or employees from being employed by an organization that was the recipient of a contract awarded on behalf of a state agency for a period of time.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

prohibit certain state officers or employees from being employed by an organization that was the recipient of a contract awarded on behalf of a state agency for a period of time.

prohibit certain state officers or employees from being employed by an organization that was the recipient of a contract awarded on behalf of a state agency for a period of time.

What This Bill Does

• prohibit certain state officers or employees from being employed by an organization that was the recipient of a contract awarded on behalf of a state agency for a period of time.
• Official keyword topics: Public Property, Purchases and Contracts State Employees Official sponsor note: Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4807/Detail">Reed</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4741/Detail">Crabtree</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4743/Detail">Davis</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4763/Detail">Howard</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4769/Detail">Jensen (Kevin)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4777/Detail">Kolbeck (Steve)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4781/Detail">Larson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4787/Detail">Mehlhaff</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4794/Detail">Nelson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4814/Detail">Rohl</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4815/Detail">Sauder</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4817/Detail">Schoenfish</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4827/Detail">Vilhauer</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4837/Detail">Wipf</a> and Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4734/Detail">Aylward</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4735/Detail">Bahmuller</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4737/Detail">Baxter</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4744/Detail">DeGroot</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4753/Detail">Goodwin</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4760/Detail">Heermann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4771/Detail">Jordan</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4778/Detail">Kull</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4791/Detail">Muckey</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4799/Detail">Overweg</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4813/Detail">Roe</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4824/Detail">Uhre-Balk</a>

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

prohibit certain state officers or employees from being employed by an organization that was the recipient of a contract awarded on behalf of a state agency for a period of time.
Official keyword topics:
Public Property, Purchases and Contracts
State Employees
Official sponsor note: Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4807/Detail">Reed</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4741/Detail">Crabtree</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4743/Detail">Davis</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4763/Detail">Howard</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4769/Detail">Jensen (Kevin)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4777/Detail">Kolbeck (Steve)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4781/Detail">Larson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4787/Detail">Mehlhaff</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4794/Detail">Nelson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4814/Detail">Rohl</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4815/Detail">Sauder</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4817/Detail">Schoenfish</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4827/Detail">Vilhauer</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4837/Detail">Wipf</a> and Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4734/Detail">Aylward</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4735/Detail">Bahmuller</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4737/Detail">Baxter</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4744/Detail">DeGroot</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4753/Detail">Goodwin</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4760/Detail">Heermann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4771/Detail">Jordan</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4778/Detail">Kull</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4791/Detail">Muckey</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4799/Detail">Overweg</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4813/Detail">Roe</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4824/Detail">Uhre-Balk</a>

Current Bill Text

26.581.11 101st Legislative Session 93

2026 South Dakota Legislature
Senate Bill 93
HOUSE STATE AFFAIRS ENGROSSED

Introduced by: Senator Reed

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit certain state officers or employees from being employed by an 1
organization that was the recipient of a contract awarded on behalf of a state 2
agency for a period of time. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
Section 1. That § 5-18A-17 be AMENDED: 5
5-18A-17. No state officer or employee who approves, awards, or administers a 6
contract on behalf of a state agency, may have an interest in a contract or derive a direct 7
benefit from a contract that is within the scope of the officer's or employee's official duties, 8
nor for a one -year period following the end of their employment or position as a state 9
officer may the officer or employee derive a direct benefit as a result of such contract 10
except as provided in § 5-18A-17.2. In addition, no such officer or employee may enter 11
into any contract, other than a contract of employment, with any state agency for a period 12
of one year following their leaving office or employment except as provided in § 5-18A-13
17.3.This prohibition includes any state officer or employee who, in his or her official 14
capacity, recommends the approval or award of the contract or who supervises a person 15
who approves, awards, or administers the contract. This prohibition does not include any 16
state officer who serves without compensation or who may be paid per diem pursuant to 17
§ 4-7-10.4. If an officer or employee of this state has responsibility, on behalf of a state 18
agency, for approving, awarding, or administering a contract, that officer or employee 19
may not: 20
(1) Except as otherwise provided in § 5-18A-17.2: 21
(a) Have an interest in a contract or derive a direct benefit from a contract that 22
is within the scope of the officer's or employee's official duties; or 23
(b) Derive a direct benefit from any contract that the officer or employee 24
approved, awarded, or administered on behalf of a state agency for at least 25
26.581.11 2 93
Underscores indicate new language.
Overstrikes indicate deleted language.
one year following the end of the individual's term of office or employment 1
with the state; 2
(2) Except as otherwise provided in § 5-18A-17.3, enter into any contract with a state 3
agency, other than an employment contract, for at least one year following the end 4
of the individual's term of office or employment with the state; or 5
(3) Be employed by any organization that was the beneficiary of a contract approved, 6
awarded, or administered by the officer or employee, for a period of: 7
(a) One year, if the value of the contract was not more than one million dollars; 8
or 9
(b) Two years, if the value of the contract was more than one million dollars. 10
Nothing in this section may be construed to apply to an officer or employee who 11
serves without compensation or who is only compensated per diem pursuant to § 4-7-12
10.4. 13
For purposes of this section, the responsibility for approving, awarding, or 14
administering a contract on behalf of a state agency includes supervising the approval, 15
award, or administration of a contract or recommending the approval or award of a 16
contract. 17
Section 2. That § 5-18A-17.2 be AMENDED: 18
5-18A-17.2. A governing body may authorize an officer or employee whose 19
responsibilities include approving, awarding, or administering a contract on behalf of a 20
state agency or; supervising any employee who has these responsibilities approves, 21
awards, or administers a contract on behalf of a state agency; or recommending to any 22
employee the approval or award of a contract on behalf of a state agency, to be a party 23
to or derive a direct benefit from a contract if: 24
(1) The officer or employee has provided full written disclosure to the governing body; 25
(2) The governing body has reviewed the: 26
(a) The essential terms of the transaction or contract and the state officer's or 27
employee's; and 28
(b) The role of the officer or employee in the contract or transaction; and 29
(3) The transaction and the terms of the contract are fair, reasonable, and not contrary 30
to the public interest. 31
The authorization shall be in writing. If a governing body authorizes an officer or 32
employee to be a party to or derive a direct benefit from a contract, the governing body 33
must provide the authorization in writing. Any authorization given pursuant to this section 34
26.581.11 3 93
Underscores indicate new language.
Overstrikes indicate deleted language.
is a public record. Each authorization shall must be filed with the commissioner of human 1
resources and administration , who . The commissioner shall annually compile the 2
authorizations and present them annually for review by to the Government Operations 3
and Audit Committee for review. 4