HB 1105 — 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.
Last action — Health and Human Services Tabled , Passed, YEAS 5, NAYS 0 S.J. 21
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill is in committee in the House. Introduced January 22, 2026. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the House.
Odds of enactment
Low chanceBased on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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In Committee
Current position in the legislative process.
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10 sponsors
10 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (9 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
17 added · 18 removed17 line(s) added, 18 removed.
26.282.2626.282.27 101st Legislative Session 1105 South Dakota Legislature House Bill 1105 HOUSE STATE AFFAIRS ENGROSSED Introduced by:
Representative Overweg An Act to restrict contracts and declarations that prohibit the use of commercial or residential property for any healthcare service in municipalities and townships with populations of less than three thousand, in medically underserved areas,areas or communities, or in areas with a medically underserved population.population under federal law.
Notwithstanding the provisions of § 11-5-1, an owner of real property zoned for commercial or residential use may not impose, by contract or declaration as set forth in § 11-5-2, any regulation or restriction that prohibits use of the real property for a healthcare service, if the real property is located in:in a medically underserved area, a medically underserved community, or a county with a medically underserved population, as designated by the Department of Health in accordance with the Public Health Service Act, 42 U.S.C.
(1) A municipality or township with a population of less than three thousand, as determined by the last preceding federal census;
or Overstrikes indicate deleted language.
26.282.26 2 1105 (2) A geographic area that is designated either as a medically underserved area or as having a medically underserved population by the Department of Health in accordance with the Public Health Service Act, 42 U.S.C.
ForOverstrikes purposesindicate ofdeleted thislanguage. section, "healthcare service" means any service provided by an accredited, certified, or licensed facility or practitioner for the purpose of curing, diagnosing, preventing, relieving, or treating any health-related condition, disease, emergency, illness, or injury.
26.282.27 2 1105 For purposes of this section, "healthcare service" means any service provided by an accredited, certified, or licensed facility or practitioner for the purpose of curing, diagnosing, preventing, relieving, or treating any health-related condition, disease, emergency, illness, or injury.
View plain text versions (3)
- Engrossed House State Affairs Engrossed Current pdf February 09, 2026
- Introduced View text pdf January 21, 2026
- 1105A View text pdf
Action History
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Health and Human Services Tabled , Passed, YEAS 5, NAYS 0 S.J. 21
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Scheduled for hearing S.J. 1
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Referred to Senate Health and Human Services S.J. 273
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First Reading Senate S.J. 261
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House of Representatives Do Pass Amended , Passed, YEAS 45, NAYS 20 H.J. 298
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State Affairs Do Pass Amended , Passed, YEAS 7, NAYS 4
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State Affairs Motion to amend , Passed, Amendment 1105A
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Scheduled for hearing
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First read in House and referred to House State Affairs H.J. 113
Sponsors
- Mykala Voita · Primary
- Carl Perry · Primary
- Al Novstrup · Primary
- Scott Moore · Primary
- Mellissa Heermann · Primary
- Jon Hansen · Primary
- Eric Emery · Primary
- Heather Baxter · Primary
- Tom Pischke · Primary
- Marty Overweg · Primary
Sponsorship breakdown
Export CSV (upgrade) →10 sponsors · 0 co-sponsors · 95 not signed on · 18 voted No
Sponsors (10)
- Mykala Voita Republican
- Carl Perry Republican
- Al Novstrup Republican
- Scott Moore Republican
- Mellissa Heermann Republican Voted No
- Jon Hansen Republican
- Eric Emery Democratic
- Heather Baxter Republican
- Tom Pischke Republican
- Marty Overweg Republican
Co-sponsors (0)
None.
Not signed on (95)
95 members have not signed on to this bill.
Show all 95 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 5 | 0 | 0 | 2 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Jamie Smith | Democratic | Yea |
| Carl Perry | Republican | Yea |
| Curt Voight | Republican | Yea |
| Kevin Jensen | Republican | Yea |
| Sydney Davis | Republican | Not Voting |
| Tamara Grove | Republican | Yea |
| Tim Reed | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 41 | 17 | 0 | 5 |
| Democratic | 4 | 1 | 0 | 0 |
| Unaffiliated | 0 | 2 | 0 | 0 |
| Total | 45 | 20 | 0 | 5 |
| % of votes cast | 64% | 29% | 0% | 7% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Kolbeck (Jack) | — | Nay |
| Van Diepen | — | Nay |
| Eric Emery | Democratic | Yea |
| Erik Muckey | Democratic | Yea |
| Erin Healy | Democratic | Nay |
| Kadyn Wittman | Democratic | Yea |
| Nicole Uhre-Balk | Democratic | Yea |
| Aaron Aylward | Republican | Yea |
| Al Novstrup | Republican | Yea |
| Amber Arlint | Republican | Nay |
| Bethany Soye | Republican | Not Voting |
| Bobbi Andera | Republican | Yea |
| Brandei Schaefbauer | Republican | Nay |
| Brian Mulder | Republican | Nay |
| Chris Kassin | Republican | Yea |
| Curt Massie | Republican | Nay |
| David Kull | Republican | Yea |
| Drew Peterson | Republican | Nay |
| Dylan Jordan | Republican | Yea |
| Greg Jamison | Republican | Nay |
| Heather Baxter | Republican | Yea |
| Jana Hunt | Republican | Yea |
| Jeff Bathke | Republican | Not Voting |
| Jessica Bahmuller | Republican | Yea |
| Jim Halverson | Republican | Yea |
| John Hughes | Republican | Yea |
| John Shubeck | Republican | Yea |
| John Sjaarda | Republican | Yea |
| Jon Hansen | Republican | Yea |
| Josephine Garcia | Republican | Yea |
| Julie Auch | Republican | Yea |
| Kaley Nolz | Republican | Yea |
| Karla Lems | Republican | Yea |
| Kathy Rice | Republican | Yea |
| Kent Roe | Republican | Nay |
| Keri Weems | Republican | Nay |
| Lana Greenfield | Republican | Yea |
| Leslie Heinemann | Republican | Yea |
| Liz May | Republican | Yea |
| Logan Manhart | Republican | Yea |
| Marty Overweg | Republican | Yea |
| Mary Fitzgerald | Republican | Yea |
| Matt Roby | Republican | Nay |
| Mellissa Heermann | Republican | Nay |
| Mike Derby | Republican | Nay |
| Mike Stevens | Republican | Nay |
| Mike Weisgram | Republican | Nay |
| Nick Fosness | Republican | Nay |
| Peri Pourier | Republican | Yea |
| Phil Jensen | Republican | Yea |
| Rebecca Reimer | Republican | Yea |
| Roger DeGroot | Republican | Yea |
| Scott Moore | Republican | Yea |
| Scott Odenbach | Republican | Yea |
| Spencer Gosch | Republican | Yea |
| Steve Duffy | Republican | Nay |
| Taylor Rehfeldt | Republican | Yea |
| Terri Jorgenson | Republican | Yea |
| Tesa Schwans | Republican | Yea |
| Tim Czmowski | Republican | Nay |
| Tim Goodwin | Republican | Not Voting |
| Tim Reisch | Republican | Nay |
| Tim Walburg | Republican | Yea |
| Tina Mulally | Republican | Not Voting |
| Tony Kayser | Republican | Yea |
| Tony Randolph | Republican | Yea |
| Travis Ismay | Republican | Yea |
| Trish Ladner | Republican | Yea |
| Will Mortenson | Republican | Not Voting |
| William Shorma | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 6 | 3 | 0 | 2 |
| Democratic | 1 | 1 | 0 | 0 |
| Total | 7 | 4 | 0 | 2 |
| % of votes cast | 54% | 31% | 0% | 15% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Eric Emery | Democratic | Yea |
| Erin Healy | Democratic | Nay |
| Bethany Soye | Republican | Not Voting |
| Brandei Schaefbauer | Republican | Nay |
| Greg Jamison | Republican | Nay |
| Jessica Bahmuller | Republican | Yea |
| Jon Hansen | Republican | Yea |
| Karla Lems | Republican | Yea |
| Leslie Heinemann | Republican | Yea |
| Marty Overweg | Republican | Yea |
| Scott Odenbach | Republican | Yea |
| Spencer Gosch | Republican | Not Voting |
| Tim Reisch | Republican | Nay |
Subjects
Frequently asked questions
- Who sponsors HB 1105?
- HB 1105 is sponsored by Mykala Voita (Republican), Carl Perry (Republican), Al Novstrup (Republican), Scott Moore (Republican), Mellissa Heermann (Republican), Jon Hansen (Republican), Eric Emery (Democratic), Heather Baxter (Republican), Tom Pischke (Republican), and Marty Overweg (Republican).
- What is the current status of HB 1105?
- This bill is in committee in the House. Introduced January 22, 2026. It must pass committee before a floor vote.
- Where can I track HB 1105?
- Track HB 1105 free on One Click Politics — get push/email alerts when it moves.
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