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.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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.

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 This Bill Does

• 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.
• Official keyword topics: Planning, Zoning and Housing Programs Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4799/Detail">Overweg</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4737/Detail">Baxter</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4758/Detail">Hansen</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4760/Detail">Heermann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4796/Detail">Novstrup</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4829/Detail">Voita</a>

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

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.
Official keyword topics:
Planning, Zoning and Housing Programs
Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4799/Detail">Overweg</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4737/Detail">Baxter</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4758/Detail">Hansen</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4760/Detail">Heermann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4796/Detail">Novstrup</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4829/Detail">Voita</a>

Current Bill Text

26.282.27 101st Legislative Session 1105

2026 South Dakota Legislature
House Bill 1105
HOUSE STATE AFFAIRS ENGROSSED

Introduced by: Representative Overweg

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to restrict contracts and declarations that prohibit the use of commercial or 1
residential property for any healthcare service in medically underserved 2
areas or communities, or in areas with a medically underserved population 3
under federal law. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 5
Section 1. That § 11-5-3 be AMENDED: 6
11-5-3. After the execution, recording, and filing of any declaration or contract 7
executed contract or declaration pursuant to §§ 11-5-1 and 11-5-2, the terms and 8
conditions of the same contract or declaration may be enforced by an action at law or by 9
a suit in equity brought by any: 10
(1) Any person possessing any interest in the land affected by such declaration or 11
contract or in any part of such land, or such action or suit may be maintained by 12
the affected real property; or 13
(2) The first or second class municipality within which such land the property is 14
situated. 15
A contract or declaration in violation of section 2 of this Act is not enforceable. 16
Section 2. That a NEW SECTION be added to chapter 11-5: 17
Notwithstanding the provisions of § 11-5-1, an owner of real property zoned for 18
commercial or residential use may not impose, by contract or declaration as set forth in 19
§ 11-5-2, any regulation or restriction that prohibits use of the real property for a 20
healthcare service, if the real property is located in a medically underserved area, a 21
medically underserved community, or a county with a medically underserved population, 22
as designated by the Department of Health in accordance with the Public Health Service 23
Act, 42 U.S.C. ch. 6A (January 1, 2026). 24
26.282.27 2 1105
Underscores indicate new language.
Overstrikes indicate deleted language.
For purposes of this section, "healthcare service" means any service provided by 1
an accredited, certified, or licensed facility or practitioner for the purpose of curing, 2
diagnosing, preventing, relieving, or treating any health -related condition, disease, 3
emergency, illness, or injury. 4