§ 16-6-118 — Unlawful interest of officeholders in public contracts or works; exception

(a) It is unlawful for any person, now or hereafter
holding any office, either by election or appointment, under the
constitution or laws of this state, to become in any manner
interested, either directly or indirectly, in his own name or in
the name of any other person or corporation, in any contract, or
the performance of any work in the making or letting of which
the officer may be called upon to act or vote. It is unlawful
for any officer to represent, either as agent or otherwise, any
person, company or corporation, in respect of any application or
bid for any contract or work in regard to which the officer may
be called upon to vote or to take or receive, or offer to take
or receive, either directly or indirectly, any money or other
thing of value, as a gift or bribe, or means of influencing his
vote or action in his official character. Any contracts made and
procured in violation of this subsection are null and void and
the person violating this subsection may be removed from office.
(b) Notwithstanding subsection (a) of this section, an act
shall not be unlawful under this section if any person who is
interested in any public contract or who represents any person,
company or corporation interested in any public contract
discloses the nature and extent thereof to all the contracting
parties concerned therewith, absents himself during the
considerations and vote thereon, does not attempt to influence
any of the contracting parties and does not act directly or
indirectly for the public entity in the inspection, operation,
administration or performance of any contract. This section does
not apply to the operation, administration, inspection or
performance of banking and deposit contracts and relationships
after the selection of a depository.