SIOUX FALLS, S.D. (KELO) – South Dakota Governor Kristi Noem has proposed a draft bill similar to one she vetoed in March.

Noem’s proposed bill is titled “Protecting Fairness in Women’s Sports” and would impact athletes from kindergarten all the way through college. This bill is similar to House Bill 1217 that made its way through the legislature in the 2021 legislative session.

Noem vetoed that one, and a veto override failed, but the governor has now brought forward this one. This bill states that only female athletes based on their biological sex may participate on women’s sports teams. A student’s biological sex would be determined by what is listed on their official birth certificate issued near or at the time of their birth.

Opponents say this bill would exclude transgender kids from being a part of a team on which they are comfortable.

“When we target transgender kids, we are setting a really bad example. And offering inclusion should be the mission of our governor,” Susan Williams, executive director of the Transformation Project Advocacy Network, said.

“It’s important because females need to be able to participate in sports and not worry about their safety and not worry about being beat out by a male that’s why this is important,” Rep. Rhonda Milstead, (R) Sioux Falls, said.

House Bill 1217 would’ve identified sex based on a statement from each student every year. This one goes off of a person’s birth certificate. The second is that 1217 talked about performance-enhancing drugs and this one does not.