26.340.10 101st Legislative Session 1101

2026 South Dakota Legislature

House Bill 1101

ENROLLED

An Act

ENTITLED An Act to prohibit an insurer from declining or limiting life, disability, or long-term care insurance policies based solely on an individual's status as a living organ donor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 58-1:

An insurer may not:

(1) Decline or limit coverage of an individual under any life, disability, or long-term care insurance policy solely due to the status of the individual as a living organ donor;

(2) Condition the continuation of a life, disability, or long-term care insurance policy on an insured individual not becoming a living organ donor; or

(3) Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of a life, disability, or long-term care insurance policy based solely, and without any additional actuarial risk, upon the status of an individual as a living organ donor.

For purposes of this section, "living organ donor" means an individual who has donated all or part of an organ and is not deceased.

An Act to prohibit an insurer from declining or limiting life, disability, or long-term care insurance policies based solely on an individual's status as a living organ donor.

I certify that the attached Act originated in the:

House as Bill No. 1101

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1101

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2026 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2026

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State