Rep. Kathy Rapp, R-Warren, is pictured signing House Resolution 339, which would discharge Senate Bill 9, also known as the Save Women’s Sports Act, on Oct. 20 on the floor of the state House of Representatives. Last week Rapp chastised Democrats for not voting on Senate Bill 9 during a House Health Committee meeting and instead referring the bill to another committee.

The Senate version of the Fairness in Women’s Sports Act did not receive a vote in the state House of Representatives Health Committee last week.

Rep. Kathy Rapp, R-Warren and minority chairperson of the House Health Committee, was not happy about the bill’s referral to the state House Judiciary Committee.

Senate Bill 9 was initially assigned to the House Education Committee after its passage in the state Senate by a 32-16 vote on May 6. When lawmakers attempted to force the bill out of committee via a discharge resolution, Democrat leaders re-referred the bill to the House Health Committee. Last week, the bill was re-referred again, this time to the House Judiciary Committee to avoid a second discharge petition on the bill.

“When the House Education Committee met on July 8 to consider re-referring Senate Bill 9, a question was asked to the majority chair why the Save Women’s Sports Act was being re-referred to the House Health Committee,” Rapp said. “The majority chair responded that he ‘had a conversation internally. Speaking with the majority chair of Health, we decided this would be a better, more appropriate place to consider this legislation.’ If that were true, then why are House Democrats now passing the buck once more?”

Senate Bill 9, known as the Save Women’s Sports Act, would require public schools and colleges to label sports teams as male, female or coed. The legislation states that only biological females can join teams designated for women. The bill would also allow students to take legal action if they are harmed by violations of this rule.

The possibility of legal action was cited by Rep. Dan Frankel, D-Pittsburgh and majority chair of the House Health Committee, as the reason the bill was referred to the Judiciary Committee. Frankel said the potential for significant legal bills and claims against school districts, athletic associations and accrediting bodies for high school and college sports was a reason to send the bill to the Judiciary Committee.

“When I look at the language of this bill I can’t help but think about all the physicians and hospitals who come into my office discussing the impact of lawsuits on their provision of care language,” Frankel said before voting to refer the bill to the Judiciary Committee. “Senate Bill 9 states that students may bring a cause of action for quote injunctive relief damages psychological emotional physical harm suffered attorneys fees and costs and any other relief under law against the school or institution of higher education I’m not sure what any other relief means but it sounds broad extremely broad this legislation is best reviewed by the Judiciary Committee.”

Several Republicans spoke against the re-referral to the Judiciary Committee, with Rapp arguing consideration of Senate Bill 9 should begin in the House Education Committee. She also questioned why Democrats chose to let Senate Bill 9 sit in the Health Committee for several months before choosing to move it to another committee.

“We all know the reasons why,” Rapp said. “The majority party probably has the votes in this committee to vote the bill down today. But politically, this is a losing issue for them. Rather than just vote, the majority party would rather play games and move this bill around as it continues its never-ending quest to find the ‘most appropriate committee’ to consider the bill. I suspect, as many here probably do, that the ‘most appropriate committee’ will never be found. At this rate, this bill will somehow end up in the Game and Fish Committee by session’s end.”

Sen. Scott Hutchinson, R-Oil City, is among the Senate co-sponsors of Senate Bill 9. The Senate vote did include a smattering of votes by Democratic Party senators in favor of the legislation.