PIERRE, S.D. (SDBA) — House members amended and passed a bill Monday that would allow retired South Dakota judges and justices to serve on the Public Utilities Commission in the event of a vacancy or disqualification. 

However, the amendment to SB177 changes the original bill to allow the appointment of former judges and justices only if a constitutional officer cannot serve. 

Moreover, the state’s Uniform Judicial System would pay the salary of the retired jurist at the same rate if they are appointed to serve in a court case.

The amendment passed 48 to 22 and the bill passed 42 to 28.

It did come up in debate that both under current law and the measure that the governor could appoint themselves or their lieutenant governor in the case of a vacancy or disqualification. When asked, Republican Rep. Tony Venhuizen, a former chief of staff to Governors Noem and Dennis Daugaard, said the governor and lieutenant governor are also constitutional officers.

Current law and the amended bill would allow the governor to appoint a former jurist only if the secretary of state, state treasurer, state auditor, or school and public lands commissioner declined or were unable to fill the PUC vacancy on an acting basis. The attorney general is excluded from filling in under current law and the bill.

As the bill the has changed, SB177 now goes back to the Senate for concurrence, or, if no concurrence, a possible conference committee to work out differences between the chambers.