Permit the appointment of a circuit court judge or Supreme Court justice as a member of the Public Utilities Commission in place of a disqualified or incapacitated commissioner.
Impact
If enacted, SB177 would directly impact the statutes governing the functioning of the Public Utilities Commission in South Dakota. The bill addresses the potential for interruptions in commission activities caused by disqualifications or incapacitations, establishing a clear process for maintaining a full complement of members. The measure aims to fortify the commission's ability to perform its regulatory duties effectively without undue delays while also recognizing the need for judicial oversight and expertise in utility regulation.
Summary
Senate Bill 177 aims to amend the existing laws concerning the Public Utilities Commission by allowing the appointment of a circuit court judge or Supreme Court justice as a member of the commission when a regular commissioner is disqualified or incapacitated. This measure is intended to ensure continued functional capacity within the commission, enabling it to conduct its proceedings without significant delays due to the absence of a commissioner for legitimate reasons. The addition of judicial members to the commission is meant to bring experienced legal perspectives to the regulatory body.
Sentiment
The general sentiment around SB177 appears to be supportive from those who view the uninterrupted functionality of the Public Utilities Commission as crucial for efficient governance. However, concerns may be raised about the implications of involving judicial figures in regulatory roles, with some arguing that it blurs the lines between judicial responsibilities and regulatory oversight. Nonetheless, the majority of discussions seem to align with the view that this amendment could enhance the commission's operational resilience.
Contention
Notable points of contention may include the appropriateness of appointing judges to regulatory commissions and whether this may undermine the independence of the judiciary or the effectiveness of the commission. Critics could express concerns about potential conflicts of interest or the qualifications of retired judges or justices in handling regulatory matters. The debate may also center on whether this change is necessary, given the existing processes for managing commissioner incapacity.
Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, providing for the retention elections of circuit court judges.
Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, updating references to certain officeholders and persons.