HB 1180 South Dakota House · 2026 Regular Session

ensure the validity of non-compete agreements in the context of jointly owned business entities.

HB 1180 allows business owners in jointly owned entities to include enforceable non-compete restrictions when transferring ownership interests. The bill permits agreements that prevent a selling owner from competing in the same business within the entity's specific geographic area for up to three years after the transfer. This applies specifically to terms included in ownership transfer contracts or business governing documents, not general employment agreements. The law directly affects business owners selling stakes in jointly held companies and the buyers purchasing those interests.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House Passage
Feb 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 28, 2026 Signed Mar 12, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Enrolled · 3 edits · Mar 5, 2026
MINOR
This bill transforms from a browser error page into a formal legislative act designed to protect non-compete agreements for business owners. It establishes a new legal rule allowing owners of jointly owned businesses to agree that they cannot start a competing business for up to three years after selling their ownership interest. This change provides legal certainty for business owners who wish to sell their stake in a company without fear of being sued for working in a similar industry afterward.
Scope change
The bill's scope is now defined to apply specifically to governing documents of business entities and contracts involving the purchase, sale, or transfer of ownership interests.
REQUIREMENT

Added a new legal provision (Section 1) permitting non-compete agreements that restrict a business owner from engaging in similar business activities for up to three years after transferring their ownership interest.

DEFINITION

Defined the geographic scope of the restriction as the specific area where the business entity currently conducts its operations.

TECHNICAL

Added standard enrolled bill formatting, including signatures for the Governor, House Speaker, and Senate President, along with filing details for the Secretary of State.

Floor votes · Senate Mar 4, 2026 · House Feb 9, 2026

How they voted

340
Passed · 1 other
Total votes 35
Mar 4, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
31 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
13
Key actions
8
Committee
2
Mar 12, 2026
Signed into law
Signed by the Governor on 2026-03-12 H.J. 571
executive
Mar 9, 2026
Upper · Passed
Signed by the President S.J. 506
upper
Mar 5, 2026
Upper · Passed
Signed by the Speaker H.J. 529
upper
Mar 4, 2026
Upper · Passed
Senate Do Pass , Passed, YEAS 34, NAYS 0 S.J. 461
upper
Mar 3, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed,
upper
Mar 3, 2026
Upper · Passed
Commerce and Energy Do Pass , Passed, YEAS 7, NAYS 0
upper
Feb 10, 2026
Introduced
First read in Senate and referred to Senate Commerce and Energy S.J. 232
upper
Feb 9, 2026
Lower · Passed
House of Representatives Do Pass , Passed, YEAS 63, NAYS 2 H.J. 266
lower
Feb 6, 2026
Lower · Passed
Judiciary Do Pass , Passed, YEAS 10, NAYS 1 H.J. 14
lower
Jan 28, 2026
Introduced
First read in House and referred to House Judiciary H.J. 164
lower
2 primary · 0 co-sponsors

Sponsors