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SD HB1105

Bill

Status

Engrossed

2/11/2026

Primary Sponsor

Marty Overweg

Click for details

Origin

House of Representatives

2026 Regular Session

AI Summary

  • Property owners in South Dakota cannot use contracts or declarations to prohibit healthcare services on commercial or residential property located in federally designated medically underserved areas, communities, or counties with medically underserved populations.

  • "Healthcare service" is defined as any service provided by an accredited, certified, or licensed facility or practitioner for diagnosing, treating, preventing, or relieving health conditions, diseases, emergencies, illnesses, or injuries.

  • Contracts or declarations that violate this restriction are unenforceable under the amended statute.

  • The South Dakota Department of Health determines which areas qualify as medically underserved based on federal Public Health Service Act designations (42 U.S.C. ch. 6A, as of January 1, 2026).

  • Amends § 11-5-3 and adds a new section to chapter 11-5 of South Dakota codified laws governing property use restrictions.

Legislative Description

Restrict contracts and declarations that prohibit the use of commercial or residential property for any healthcare service in medically underserved areas or communities, or in areas with a medically underserved population under federal law.

Planning, Zoning and Housing Programs

Last Action

Health and Human Services Tabled, Passed, YEAS 5, NAYS 0. S.J. 21

2/25/2026

Committee Referrals

Health and Human Services2/17/2026
State Affairs1/22/2026

Full Bill Text

No bill text available