49-1-2. Election of public utilities commissioners--Qualifications and term of office--Vacancies.

The Public Utilities Commission shall be comprised of three commissioners. Each commissioner shall be elected from, and represent, the state at large. At each general election there shall be elected one Public Utilities Commissioner having the qualifications prescribed by law. Each commissioner shall hold office for a term of six years from the first Tuesday after the first Monday in January following his election, until his successor is elected and qualified.

Source: SDC 1939, § 52.0102; SL 1992, ch 325, § 2.

49-1-3. Qualifications of commissioners--Age and residence--Interest in companies prohibited.

No person is eligible to hold the office of Public Utilities Commissioner except a citizen of the United States, a qualified voter of this state who has attained the age of twenty-five years and has resided within this state for at least two years next preceding his election, and who is not the owner of any bonds or stocks in any company, or in the employment of or in any manner pecuniarily interested in any company, of which the Public Utilities Commission has supervision.

Source: SDC 1939, § 52.0104; SL 1992, ch 325, § 3.

49-1-4. Duties of commissioners--Sessions of Public Utilities Commission--Removal.

Each Public Utilities Commissioner during his term of office shall devote his entire time and attention to the duties of his office. The Public Utilities Commission shall remain in continuous session at its office at the state capital except when necessarily absent in the performance of its duties. If any public utilities commissioner fails to comply with the provisions of this section, it is cause for his removal by the Governor.

Source: SDC 1939, § 52.0107; SL 1992, ch 325, § 4.

49-1-5. Vacancies in office of commissioner--Appointment by Governor--Term of appointment.

If a vacancy occur in the office of Public Utilities Commissioner from death, resignation, or otherwise, the Governor of the state shall make a temporary appointment to fill such vacancy, but the person so appointed shall hold such office only until the next general election and until his successor is elected and qualified. Notwithstanding such appointment, there shall be chosen at the next general election after such vacancy occurs in such office, a public utilities commissioner to fill such vacancy, who shall hold his office only for the unexpired term of the person originally elected thereto.

Source: SDC 1939, § 52.0103.

49-1-6. Oath and bond of commissioners.

Each Public Utilities Commissioner shall take and subscribe the same oath as required of other state officers, and shall be included in the state employees' blanket bond in the penal sum of five thousand dollars conditioned for the faithful performance of his duties.

Source: SDC 1939, § 52.0105; SL 1983, ch 13, § 28.

49-1-7. Salary of commissioners.

The annual salary of each member of the Public Utilities Commission shall be set by the Bureau of Human Resources and Administration in accordance with the provisions of chapter 3-6D.

Source: SDC 1939, § 52.0106; SL 1945, ch 216; SL 1947, ch 234, § 1; SL 1951, ch 257; SL 1953, ch 279; SL 1955, ch 226; SL 1957, ch 268; SL 1961, ch 264; SL 1963, ch 294; SL 1965, ch 260; SL 1968, ch 196, § 1; SL 1972, ch 16, § 12; SL 1974, ch 31, § 10; SL 1977, ch 6, § 10; SL 1978, ch 24, § 12; SL 1980, ch 9, § 7; SL 1981, ch 3, § 9; SL 1982, ch 6, § 7; SL 1983, ch 2, § 10; SL 1984, ch 2, § 7; SL 1985, ch 3, § 10; SL 1986, ch 11, § 10; SL 1988, ch 8, § 11; SL 1989, ch 7, § 6; SL 1991, ch 2, § 7; SL 1992, ch 29, § 2; SL 2012, ch 23, § 100; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.

49-1-8. Creation of Public Utilities Commission--Secretary--Seal.

The Public Utilities Commissioners who are elected shall constitute a commission to be known and designated as the Public Utilities Commission of the State of South Dakota. The members of the commission shall elect a chairperson by majority vote and prescribe his duties. The commission shall have an official seal, which shall be judicially noticed.

Source: SDC 1939, §§ 52.0108, 52.0109; SL 1991, ch 380, § 1.

49-1-8.1. Commission continued as separate department.

The Public Utilities Commission is hereby continued as a separate department and budget unit and, except as provided by §§ 1-51-11 and 37-22-1, shall retain all its prescribed functions, including administrative functions.

Source: SL 1973, ch 2, § 59; SL 2003, ch 272 (Ex. Ord. 03-1), §§ 32, 117; SL 2006, ch 231, § 2.

49-1-8.2. Executive director--Appointment--Duties--Signature on behalf of commission.

The Public Utilities Commission may appoint an executive director who shall serve at the pleasure of the commission. The executive director shall serve as the chief administrative officer of the commission and shall be directly responsible to all the members of the commission. The executive director shall carry out those functions that have been delegated to him by the commission or any of its members. The executive director may sign all orders, tariffs, and other documents on the commission's behalf and at the request of the commission after their review. At the time of signature the executive director shall indicate on the face of the document that he has been authorized to sign the document at the request of the commission or individual members. The executive director may not conduct or administer the office so as to discriminate against any of the commission members.

Source: SL 1979, ch 308; SL 1983, ch 333, § 1; SL 1991, ch 380, § 2.

49-1-9. Proceedings before commission--Quorum--Disqualification--Appointment--Compensation.

Such Public Utilities Commission may in all cases conduct its proceedings, when not otherwise particularly prescribed by law, in such manner and places as will best conduce to the proper dispatch of business and to the ends of justice.

A majority of the commissioners shall constitute a quorum for the transaction of business, but no commissioner shall participate in any hearing or proceeding in which he has any conflict of interest or if he is temporarily incapacitated. If a commissioner determines that he is incapacitated or disqualified from participating for any reason in any hearing or proceeding, he shall certify that determination to the Governor, or if the character of the incapacity of any commissioner is such that he is unable to certify his incapacity to the Governor, the commission may make such certification. In the event of any such certification, the Governor shall then appoint an elected constitutional officer, other than the attorney general, to act as a member of the commission in place of the disqualified or incapacitated commissioner for the purpose of such hearing or proceeding only. If all elected constitutional officers, other than the attorney general, have certified to the Governor that the elected constitutional officers are disqualified or otherwise decline the appointment, the Governor may appoint a retired South Dakota circuit judge or retired South Dakota Supreme Court justice to act. If a retired judge or retired supreme court justice is appointed, the judge or justice must be compensated at the rate paid by the Unified Judicial System for compensation of retired judges and justices sitting for a recused judge or justice.

Source: SDC 1939, § 52.0109; SL 1977, ch 386; SL 2024, ch 186, § 1.

49-1-9.1. Providing false or misleading information to commission as misdemeanor.

No person may knowingly provide false or misleading information to the commission in response to, or in compliance with, any statute, order, tariff, rule, direction, demand, or requirement of the commission. A violation of this section is a Class 1 misdemeanor. Each separate act of providing false or misleading information pursuant to this section constitutes a separate offense. This penalty is in addition to any other authorized penalties.

Source: SL 2004, ch 281, § 1.

49-1-10. Hearings before commission--Oaths.

Any party may appear before the Public Utilities Commission and be heard in person or by attorney. Every commissioner shall have the right to administer oaths and affirmations in any proceeding pending before the commission.

Source: SDC 1939, § 52.0109.

49-1-11. Rules of commission.

The Public Utilities Commission may promulgate rules pursuant to chapter 1-26 concerning:

(1)    Procedures for filing and cancelling tariffs, and information required to be included in tariffs;

(2)    Procedures and requirements for filing and acting upon complaints;

(3)    Procedures and requirements for filing applications for new or revised rates or tariff changes;

(4)    Regulation of proceedings before the commission, including forms, notices, applications, pleadings, orders to show cause and the service thereof, all of which shall conform to those used in South Dakota courts;

(5)    Procedures for obtaining a declaratory ruling and action on petitions for a declaratory ruling;

(6)    Procedures and requirements for handling confidential information and determining whether information should be protected as confidential; and

(7)    Procedures for communicating with the commissioners.

Source: SDC 1939, § 52.0109; SL 1986, ch 22, § 21; SL 1990, ch 371, § 1; SL 1991, ch 380, § 3.

49-1-12. Records of official actions--Proceedings open to public.

Every vote and official action of the Public Utilities Commission shall be entered of record. The proceedings of the Public Utilities Commission are open to the public as prescribed in chapter 1-25 when the Public Utilities Commission is exercising its regulatory or adjudicatory authority pursuant to Title 49.

Source: SDC 1939, § 52.0109; SL 1991, ch 380, § 4; SL 2013, ch 235, § 1.

49-1-12.1. Discussions on internal management not subject to chapter 1-25.

The Public Utilities Commission is not subject to the requirements of chapter 1-25 when one or more commissioners are meeting among themselves or staff to discuss the internal management of the Public Utilities Commission regarding such things as:

(1)    Planning or developing activities or proposed legislation;

(2)    Organizing the internal structure of the Public Utilities Commission;

(3)    Selecting, appointing, promoting, removing or managing personnel;

(4)    Developing reports; or

(5)    Developing budgets and expending funds.

Source: SL 2013, ch 235, § 2.

49-1-13. Annual report to Governor--Contents.

The Public Utilities Commission shall annually make a report of its activities to the Governor, at the time and in the manner prescribed by law for other state officers, containing the facts, statements, and explanations deemed necessary by the commission to fully disclose its transactions and conduct.

The commission shall include among other matters, in its annual report the extent such regulation is conferred upon the commission by chapter 49-34A, the following:

(1)    A complete financial report of receipts and expenditures, including a list of the regulated utilities and the total amount of fees and assessments paid by each;

(2)    A list of the applications, subject, and disposition of each docket number assessed by the commission.

Source: SDC 1939, § 52.0110; SL 1982, ch 14, § 1.