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.
HB 1105 prevents property owners in specific areas from using contracts or declarations to block healthcare services on commercial property. It applies to municipalities/townships under 3,000 people (per federal census) or areas officially designated as medically underserved by South Dakota’s Department of Health. The bill invalidates any contract or declaration that restricts the use of commercial property for healthcare services like clinics, diagnoses, or treatment in these areas. This directly affects property owners and developers who previously could impose such restrictions, while enabling healthcare providers to operate in underserved communities.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 22, 2026
Last action Feb 25, 2026
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
House State Affairs Engrossed
·
3 edits
·
Feb 9, 2026
MINOR
This bill amends South Dakota property law to prevent restrictive covenants that would block healthcare services in medically underserved areas. It adds protections for healthcare facilities by making such restrictive contracts unenforceable in designated underserved communities, ensuring access to medical services regardless of private property restrictions.
Scope change
The bill expands the scope of protected healthcare services by adding a new exception to existing property restriction laws, specifically targeting areas designated as medically underserved by the Department of Health.
REQUIREMENT
New Section 2 prohibits property owners from imposing restrictions that block healthcare services in medically underserved areas, communities, or counties as designated by the Department of Health under 42 U.S.C. ch. 6A.
ENFORCEMENT
Section 1 was amended to state that contracts or declarations violating Section 2 of this Act are not enforceable, adding a specific enforcement mechanism for the new healthcare protection provision.
DEFINITION
Added a definition of 'healthcare service' to include any service provided by accredited, certified, or licensed facilities or practitioners for curing, diagnosing, preventing, relieving, or treating health-related conditions, diseases, emergencies, illnesses, or injuries.
Floor votes · House Feb 11, 2026
How they voted
45–20
Passed · 5 other
Total votes 70
Feb 11, 2026
D
Democratic5
80% Yea
R
Republican65
63% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
10
Key actions
4
Committee
3
Amendments
1
Feb 25, 2026
Lower · Passed
Health and Human Services Tabled , Passed, YEAS 5, NAYS 0 S.J. 21
lower
Feb 17, 2026
Committee
Referred to Senate Health and Human Services S.J. 273
lower
Feb 11, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 45, NAYS 20 H.J. 298
lower
Feb 11, 2026
House · Passed
House Vote: pass (45-20-5)
house
Feb 9, 2026
Lower · Passed
State Affairs Do Pass Amended , Passed, YEAS 7, NAYS 4
lower
Feb 9, 2026
Introduced
State Affairs Motion to amend , Passed, Amendment 1105A
lower
Jan 22, 2026
Introduced
First read in House and referred to House State Affairs H.J. 113
lower
10 primary · 0 co-sponsors
Sponsors
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