South Dakota legislation · 101st Legislature (2026)
South Dakota HB1105: restrict contracts and declarations that prohibit the use of commercial or residential property for any healthcare service in me
Status: Failed, February 25, 2026
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.
What the bill says
An Act to 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 [ADDED: ] under federal law.
From the engrossed text, February 9, 2026:
An Act to 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 [ADDED: ] under federal law. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 11-5-3 be AMENDED: 11-5-3. After the execution, recording, and filing of any [DELETED: declaration or contract executed] [ADDED: contract or declaration] pursuant to §§ 11-5-1 and 11-5-2, the terms and conditions of the [DELETED: same] [ADDED: contract or declaration] may be enforced by [ADDED: an] action at law or [DELETED: by] [ADDED: a] suit in equity brought by [DELETED: any] [ADDED: :] [ADDED: (1) Any] person possessing any interest in the [DELETED: land affected by such declaration or contract or in any part of such land, or such action or suit may be maintained by the] [ or] [ADDED: (2) The] first or second class municipality within which [DELETED: such land] [ADDED: the property] is situated. [ADDED: A contract or declaration in violation of section 2 of this Act is not enforceable.] Section 2. That a NEW SECTION be added to chapter 11-5: [ADDED: Notwithstanding the provisions of § 11-5-1, an owner of real property zoned for commercial or residential use may not impose, by …
Sponsors
- Marty Overweg (R, HD-021) · primary sponsor
- Tom Pischke (R, 25) · primary sponsor
- Heather Baxter (R, HD-034)
- Eric Emery (D, HD-026)
- Jon Hansen (R, HD-025)
- Mellissa Heermann (R, HD-007)
- Scott Moore (R, HD-023)
- Al Novstrup (R, HD-003)
- Carl Perry (R, 03)
- Mykala Voita (R, SD-021)
Latest actions
- : Tabled
- : Scheduled for hearing
- : Referred to Health and Human Services
- : First Reading Senate
- : Do Pass Amended
- : Do Pass Amended
- : Motion to amend
- : Scheduled for hearing
- : First read in House and referred to State Affairs
Votes
- Tabled (February 25, 2026): 5 yea, 0 nay, passed
- Do Pass Amended (February 9, 2026): 7 yea, 4 nay, passed
- Do Pass Amended (January 22, 2026): 45 yea, 20 nay, passed
Subjects: Planning, Zoning and Housing Programs
Common questions
- What is HB1105?
- HB1105 is a bill in the South Dakota Legislature (101st Legislature (2026)): restrict contracts and declarations that prohibit the use of commercial or residential property for any healthcare service in me.
- What does HB1105 do?
- In its own words: An Act to 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 [ADDED: ] under federal law.
- What is the status of HB1105?
- Failed as of February 25, 2026. Latest action: Tabled (February 25, 2026).
- Who sponsored HB1105?
- Marty Overweg (R, HD-021), with 9 co-sponsors.
- Where is the official record for HB1105?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26581
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.