Changes to Existing Law

26.282.26 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 municipalities and townships with 2 populations of less than three thousand, in medically underserved areas, 2 areas or 3 communities, or in areas with a medically underserved population. 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 19 regulation or restriction that prohibits use of the real property for a 20 healthcare service, if 20 the real property is located in: in a medically underserved area, a 21 (1) A municipality medically underserved community, or township a county with a population of less than three thousand, medically underserved population, 22 as 22 determined designated by the last preceding federal census; or Department of Health in accordance with the Public Health Service 23 26.282.26 Act, 42 U.S.C. ch. 6A (January 1, 2026). 24 26.282.27 2 1105 Underscores indicate new language. Overstrikes indicate deleted language. (2) A geographic area that is designated either as a medically underserved area or as 1 having a medically underserved population by the Department of Health in 2 accordance with the Public Health Service Act, 42 U.S.C. ch. 6A (January 1, 2026). 3 For purposes of this section, "healthcare service" means any service provided by 4 1 an accredited, certified, or licensed facility or practitioner for the purpose of curing, 5 2 diagnosing, preventing, relieving, or treating any health-related condition, disease, 6 3 emergency, illness, or injury. 7 4