A provision in SB107 expands where registered sex offenders can live—and it directly affects your child care business.
Most South Dakota child care owners don't realize that a provision buried in SB107 has quietly changed how sex offender exclusion zones work—and it affects their operations starting with the 2026 legislative session.
Here's what happened: SB107 adds licensed day care centers, licensed group family day care homes, and registered family day care facilities to South Dakota's legal definition of "community safety zone." That single change triggers a 500-foot residential exclusion zone around your business for any registered sex offender.
Under South Dakota law, registered sex offenders are already prohibited from living within 500 feet of schools, parks, and other facilities designated as community safety zones. By adding child care programs to this list, SB107 extends that same restriction to your facility—whether you run a small family day care out of your home or operate a licensed center.
The practical impact is real. A 500-foot radius covers roughly a city block and a half. If you're siting a new facility, leasing space, or renewing a lease, this exclusion zone could affect:
Property decisions: Landlords may be less willing to lease to you if the restriction limits their ability to rent nearby residential units. Some property owners may avoid the complication entirely.
Neighbor relations: Residents within that zone will know the restriction applies because of your business. This can create tension, even though the restriction protects children.
Existing operations: If you're already operating and a registered sex offender moves into the exclusion zone, that's a violation—but the enforcement burden and community management fall partly on you.
The provision applies to:
• Licensed day care centers
• Licensed group family day care homes
• Registered family day care facilities
If you operate any of these in South Dakota, SB107 applies to you.
SB107 was introduced during the 2026 legislative session. The specific language adding child care programs to the community safety zone definition appears in Section 1, Page 1 of the bill. The bill text does not specify an explicit effective date, so operators should confirm the timeline with the South Dakota Department of Health or their licensing authority as implementation approaches.
If you're planning to open a new facility, expand, or renew a lease, factor this exclusion zone into your site selection. If you're already operating, review your current location and understand how the zone affects your property and neighborhood. Consider reaching out to your licensing authority or a legal advisor familiar with South Dakota child care law to clarify any questions about how this applies to your specific situation.
The provision is designed to protect children. Understanding how it works helps you plan your business responsibly and avoid surprises down the road.
For a detailed breakdown of SB107 and how it affects your child care business model, contact your state child care licensing office or local trade association.