Governor Kristi Noem wants the legislature to make some changes to a bill that prevents transgender girls from playing on girls’ sports teams.
The prime sponsors of the legislation say the governor’s changes weaken the bill.
Governor Noem wants to remove a section of the bill that requires schools to collect a written waiver from each athlete. It would identify an athlete’s age, sex and indicate whether they’ve taken performance enhancing drugs.
Noem also wants to limit the ban to high school athletes. The original bill includes college athletes.
That’s a sticking point for the prime sponsors of the bill. Sioux Falls Republican State Senator Maggie Sutton says she’s disappointed.
“So you can protect females in high school, but you cannot protect them in college,” Sutton says. “So where does biology make a difference, then?”
Sutton says right now she’s not inclined to support the governor’s changes.
The prime sponsor in the House, Republican Representative Rhonda Milstead, says the governor’s office is re-writing the bill.
“We passed a bill, 70-103 legislators that were present voted for that bill representing the people of South Dakota,” Milstead says. “The governor, as one person, is wanting to turn it upside down.”
The Republican Speaker of the House says he has concerns about Noem's partial veto.
In a press release with pre-recorded audio, Republican Speaker Spencer Gosch says Noem’s veto is unprecedented.
“I’m greatly concerned as to whether the executive branch even has the authority to make a substantive change as to style and form,” Gosch says. “The legal definition of style and form clearly states that it has to be distinguished from substance. The proposed changes clearly alter the overall substance of House Bill 1217.”
The state constitution says this about style and form vetoes: "Bills with errors in style or form may be returned to the Legislature by the Governor with specific recommendations for change. Bills returned shall be treated in the same manner as vetoed bills except that specific recommendations for change as to style or form may be approved by a majority vote of all the members of each house. If the Governor certifies that the bill conforms with the Governor's specific recommendations, the bill shall become law. If the Governor fails to certify the bill, it shall be returned to the Legislature as a vetoed bill."
If lawmakers reject the changes, they must approve the bill again with a 2/3rds majority vote. Lawmakers will review the changes on March 29th, a legislative day reserved for considering gubernatorial vetoes.
The Transformation Project Advocacy Network, of South Dakota, says Noem's changes continue to discriminate against transgender youth.
"We are disappointed in her decision to not issue a full veto of this harmful bill," the group said on Twitter.
The governor’s spokesperson has not returned a call for comment.
The ACLU of South Dakota says the governor’s changes still leave the state open to litigation and the potential for economic losses.
The South Dakota High School Athletics Association already has a policy for transgender athletes. It’s been in place since 2013 and has been used once.