4-5-1 State treasurer not to profit from use of funds--Felony--Civil liability.
State treasurer not to profit from use of funds--Felony--Civil liability.
The making of
profit, directly or indirectly, by the state treasurer, out of any money in the state treasury belonging
to the state, with the custody of which the state treasurer is charged, by loaning or otherwise using
it, or the removal by the state treasurer, or by his consent, of such money or any part thereof out of
the vault or safe of the treasurer's department, or out of any legal depository of such money, except
for the payment of the sums authorized by law to be paid, for the purpose of depositing the same,
under the provisions of chapter 4-6, in banks which shall have qualified as depositories, is a Class
6 felony, and the treasurer shall be liable upon his official bond for all profits realized from such
unlawful use of such funds.
Source: SL 1909, ch 229, § 10; SL 1911, ch 234, § 10; RC 1919, § 6881; SDC 1939, § 55.9917;
SL 1980, ch 24, § 55.