require that birth certificates and certain official documents reflect biological sex.
HB 1260 would require South Dakota to issue birth certificates and certain official documents that reflect an individual's biological sex rather than gender identity. The bill mandates that state agencies use the sex assigned at birth when recording information on these documents, which would affect parents, medical providers, and individuals requesting official records. This change would apply to all new birth certificates issued in the state and could impact how other government documents reference sex information. The legislation aims to ensure consistency in how biological sex is recorded across state records.
Bill status
passed
2 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
House Failed
Feb 2025
Governor
Introduced Feb 5, 2025
Last action Feb 20, 2025
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
House State Affairs Engrossed
·
3 edits
·
Feb 13, 2025
MINOR
This bill amends South Dakota statutes to require that birth certificates and official documents explicitly state biological sex. The changes mandate that applications for licenses and permits include the applicant's sex as defined by state law, and that issued licenses display this information along with other identifying details.
Scope change
The bill expands requirements for state-issued identification documents to include explicit biological sex information, affecting birth certificates, driver's licenses, motorcycle licenses, and nondriver identification cards.
REQUIREMENT
Amends § 32-12-3 to require birth certificate applications to state the applicant's sex as defined in § 34-25-1.1
Amends § 32-12-17.10 to require driver's licenses and related permits to display the holder's sex as defined in § 34-25-1.1
Amends § 32-12-17.2 to require nondriver identification card applications to include certified birth certificates
Floor votes · House Feb 20, 2025
How they voted
33–36
Failed
Total votes 69
Feb 20, 2025
D
Democratic5
100% Nay
R
Republican64
51% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
9
Key actions
4
Committee
3
Amendments
2
Feb 20, 2025
Lower · Passed
House of Representatives Reconsidered , Passed, YEAS 34, NAYS 36 H.J. 342
lower
Feb 19, 2025
Lower · Passed
Intent to reconsider , Passed, H.J. 330
lower
Feb 19, 2025
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 35, NAYS 35 H.J. 330
lower
Feb 19, 2025
Introduced
House of Representatives Motion to amend , Passed, H.J. 329 Amendment 1260B
lower
Feb 12, 2025
Lower · Passed
State Affairs Do Pass Amended , Passed, YEAS 9, NAYS 4
lower
Feb 12, 2025
Introduced
State Affairs Motion to amend , Passed, Amendment 1260A
lower
Feb 6, 2025
Committee
Referred to H.J. 213
lower
15 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Al Novstrup
RRepublican
P
Brandei Schaefbauer
RRepublican
P
Carl Perry
RRepublican
P
Dylan Jordan
RRepublican
P
Heather Baxter
RRepublican
P
John Carley
RRepublican
P
John Sjaarda
RRepublican
P
Julie Auch
RRepublican
P
Kathy Rice
RRepublican
P
Lauren Nelson
RRepublican
P
Logan Manhart
RRepublican
P
Phil Jensen
RRepublican
P
Scott Moore
RRepublican
P
Tony Randolph
RRepublican
P
Travis Ismay
RRepublican
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