46A-9-86. Director or employee benefit from contract authorized--Direct benefit described.For purposes of §46A-9-85, a direct benefit from a contract is derived if the director or employee, the spouse of the director or employee, or any other person with whom the director or employee lives and commingles assets:(1)Has more than a five percent ownership interest in an entity that is a party to the contract;(2)Derives income, compensation, or commission directly from the contract or from an entity that is a party to the contract;(3)Acquires real or personal property under the contract; or(4)Serves as a director on the board of a for-profit entity that:(a)Derives income or a commission from the contract; or(b)Acquires real or personal property under the contract.A direct benefit is not derived solely from the value associated with any investment or holdings by a director or employee, the spouse of the director or employee, or any other person with whom the director or employee lives and commingles assets. Source: SL 2023, ch 152, §2.
South Dakota Legal Code