Vote Smart's Synopsis:

Vote to override a veto and pass a bill that prohibits athletes from participating on sports teams that do not match their birth sex.

Highlights:

• Alleges separate sex-specific teams furthers the promotion of sex equality by providing opportunities for female athletes to demonstrate their skills, strengths, and athletic abilities, while also providing them with opportunities to obtain accolades, recognition, college scholarships, and numerous other long-term benefits associated with successful athletic endeavors (Sec. 1-15).

• Requires any athletic team or sport that is sponsored or sanctioned by a public school, a school district, an association, or an institution of higher education under the control of the Board of Regents or the South Dakota Board of Technical Education to be expressly designated as being (Sec. 2):

• A male team or sport;

• A female team or sport; or

• A coeducational team or sport.

• Establishes a team or sport designated as being female is available only to participants who are female, based on their biological sex (Sec. 2).

• Requires the sponsoring or sanctioning entity to obtain a written statement verifying the following once each school year and before permitting a student to participate on an athletic team or in a sport (Sec. 3):

• The student's age;

• The student's biological sex, as ascertained at or before birth per the student's genetics and reproductive biology; and

• That the student is not taking and has not taken, during the preceding 12 months, any performance-enhancing drugs, including anabolic steroids.

• Requires the statement to be signed by the student's parent, if the student is under 18 years of age or by the student, if the student is 18 years of age or older (Sec. 3).

• Prohibits a governmental entity, licensing or accrediting organization, or athletic association or organization from entertaining a complaint, opening an investigation, or taking any adverse action against a school, a school district, or an institution of higher education, or against any person employed by, or a governing board member of, such a school, school district, or institution, for maintaining athletic teams or sports (Sec. 4).

• Specifies if a student is subjected to retaliation or other adverse action, as a result of reporting a violation of this Act to an employee or representative of a school, school district, institution of higher education, athletic association or organization, or a state or federal governmental entity having oversight authority, that student has a private cause of action for injunctive relief, damages, and any other relief available under law, against the school, school district, institution of higher education, or athletic association or organization (Sec. 5).

Full Bill Text

Vetoed by Governor Kristi Noem

Vote Smart's Synopsis:

Vote to pass a bill that prohibits athletes from participating on sports teams that do not match their birth sex.

Highlights:

• Alleges separate sex-specific teams furthers the promotion of sex equality by providing opportunities for female athletes to demonstrate their skills, strengths, and athletic abilities, while also providing them with opportunities to obtain accolades, recognition, college scholarships, and numerous other long-term benefits associated with successful athletic endeavors (Sec. 1-15).

• Requires any athletic team or sport that is sponsored or sanctioned by a public school, a school district, an association, or an institution of higher education under the control of the Board of Regents or the South Dakota Board of Technical Education to be expressly designated as being (Sec. 2):

• A male team or sport;

• A female team or sport; or

• A coeducational team or sport.

• Establishes a team or sport designated as being female is available only to participants who are female, based on their biological sex (Sec. 2).

• Requires the sponsoring or sanctioning entity to obtain a written statement verifying the following once each school year and before permitting a student to participate on an athletic team or in a sport (Sec. 3):

• The student's age;

• The student's biological sex, as ascertained at or before birth per the student's genetics and reproductive biology; and

• That the student is not taking and has not taken, during the preceding 12 months, any performance-enhancing drugs, including anabolic steroids.

• Requires the statement to be signed by the student's parent, if the student is under 18 years of age or by the student, if the student is 18 years of age or older (Sec. 3).

• Prohibits a governmental entity, licensing or accrediting organization, or athletic association or organization from entertaining a complaint, opening an investigation, or taking any adverse action against a school, a school district, or an institution of higher education, or against any person employed by, or a governing board member of, such a school, school district, or institution, for maintaining athletic teams or sports (Sec. 4).

• Specifies if a student is subjected to retaliation or other adverse action, as a result of reporting a violation of this Act to an employee or representative of a school, school district, institution of higher education, athletic association or organization, or a state or federal governmental entity having oversight authority, that student has a private cause of action for injunctive relief, damages, and any other relief available under law, against the school, school district, institution of higher education, or athletic association or organization (Sec. 5).

Full Bill Text