Governor Kristi Noem has vetoed House Bill 1217, An Act to Promote Continued Fairness in Women’s Sports.
Speaker of the House Spencer Gosch says Noem used an unprecedented interpretation of the Governor’s authority in a style and form veto. He says Noem stated in a press released on Friday, March 19, 2021, that she intended to propose substantive amendments to House Bill 1217 after seeking legal counsel.
“This would be an unprecedented request by a Governor in South Dakota, and I am greatly concerned as to whether the Executive Branch has the authority to make substantive changes to a bill through style and form. The legal definition of Style and Form clearly states that it has to be ‘distinguished from substance’, and the proposed changes clearly alter the overall substance of House bill 1217,” said Gosch (District 23, Glenham SD).
Gosch says changes include removing the laws enforcement mechanisms while excluding collegiate sports from scrutiny under House Bill 1217. He says legislators have begun openly voicing their concerns about the Governors proposed changes, including the house Prime, Representative Rhonda Milstead (District 9, Hartford SD).
“House Bill 1217 has undergone a thorough legislative vetting process in which 70 legislators have agreed that the language of the bill was accurate and best protected South Dakota values in protecting women’s sports. In her press release, Governor Noem expressed concerns about an ‘unworkable administrative burden on schools’ to prove biological age and sex, but every school already requires a birth certificate upon enrollment, so what is the real burden here?” said Milstead. “It was stated that the NCAA regulated 50 states and that a ‘patchwork’ of regulation was also ‘unworkable’. Don’t the taxpayers fund our universities? Aren’t South Dakota’s elected officials burdened with governing these universities or is that left up to a separate private entity.”
The Senate sponsor of HB 1217, Senator Maggie Sutton (District 10, Sioux Falls SD) said, “I am very disappointed that the Governor did a style and form veto. Today’s press release clearly displays a substantive change to HB 1217 and in many ways was contradicting. Governor Noem opened her release by stating her belief that ‘boys should play boys’ sports, and girls should play girls’ sports.’ Why would that change at a collegiate level? Does age negate an individual’s right to fairly compete? Also, the legality was removed, which leaves the bill with a very weak authority. The Majority of the South Dakota legislature voted on the original language, and the implication that we made a mistake is somewhat insulting. As a legislator, I am here to protect and uphold what South Dakota stands for, and that’s freedom and common-sense principles.”
South Dakota legislators will take up the governor’s proposed changes “Veto Day,” March 29.
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