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UPDATE: House revives transgender bill via ‘smoke out’ rule

Credit: South Dakota Broadcasters Association
Credit: South Dakota Broadcasters Association(KSFY)
Published: Jan. 26, 2021 at 8:32 AM CST
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PIERRE, S.D. (Dakota News Now) - UPDATE, 2:25 p.m.: A bill that would require birth certificates to reflect biological sex in South Dakota has been revived in the legislature.

The House of Representatives on Tuesday moved to “smoke out” House Bill 1076 after the measure was defeated by a legislative committee earlier that day.

The bill’s sponsor, Rep. Fred Deutsch of Florence, moved to invoke legislative rule 7-7 on the floor of the House Tuesday afternoon. This rule - also known as a “smoke out” - requires a committee to deliver a bill to the full body of the chamber if at least one-third of the chamber’s members support the move. Deutch’s action got the required votes, thus reviving the bill.

Deutsch cited the close vote in the committee - it was defeated by a 7-6 vote - as a reason to revive the bill. He also called it an “important social issue.”

The House has yet to schedule the bill for discussion, but the rule requires it be delivered to the full body by the next legislative day.

Opponents argue the bill discriminates against transgender people living in the state. Advocates staged a small protest outside the statehouse Tuesday morning.

Rep. Fred Deutsch (R, Florence) testifies at a legislative committee in Pierre.
Rep. Fred Deutsch (R, Florence) testifies at a legislative committee in Pierre.(South Dakota Broadcaster's Association)

A legislative committee has killed a bill that would have required birth certificates to “reflect biological sex” in South Dakota.

The House Health and Human Services committee defeated the measure by a 7-6 vote Tuesday morning.

Statehouse briefing with our Pierre reporter

Dakota News Now Pierre Bureau reporter Austin Goss talks about some of the bills being discussed at the South Dakota State Legislature. On today's docket: a bill that would require birth certificates to "reflect biological sex."

Posted by Dakota News Now on Tuesday, January 26, 2021

Bills that affect transgender people have become a perennial topic in the South Dakota legislature, although transgender advocates say they are making progress in getting their voices heard and issues understood.

About a dozen protesters assembled peacefully outside the South Dakota state capitol Tuesday morning as House Bill 1076 was first read in the House Health and Human Services Committee.

This bill is being introduced by Representative Fred Deutsch. It requires “birth certificates reflect biological sex.”

Members of the South Dakota LGBTQ community say it discriminates against transgender people living in the state.

Statehouse reporter Austin Goss will have much more on House Bill 1076 Tuesday evening on Dakota News Now from 4:00 PM until 7:00 PM.

Credit: South Dakota Broadcasters Association
Credit: South Dakota Broadcasters Association(KSFY)
Credit: South Dakota Broadcasters Association
Credit: South Dakota Broadcasters Association(KSFY)
Credit: South Dakota Broadcasters Association
Credit: South Dakota Broadcasters Association(KSFY)

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