South Dakota employers with more than 50 employees must verify that newly hired workers are legally eligible to work using the federal E-Verify program within 20 days of hire and keep those records on file. The state Attorney General can investigate complaints and collect a $2,000 civil penalty for each violation if an employer knowingly hires an unauthorized worker, though employers acting in good faith using E-Verify are protected from liability.
The amendment removed the section penalizing employers who don't participate in e-verify by withholding state economic incentives and requiring repayment, and instead replaced it with a civil penalty enforcement mechanism allowing the Attorney General to recover $2,000 per violation. This significantly **weakens** the bill's enforcement by shifting from automatic financial consequences for non-compliant employers to discretionary civil penalties pursued only upon complaint.
The amendment NARROWS the bill's scope by limiting the e-verify requirement to employers with more than fifty employees, requires verification within twenty days of hire rather than immediately, adds a safe harbor if e-verify is temporarily unavailable, and significantly restricts when penalties apply by requiring written federal confirmation that an employer knowingly violated immigration law before the attorney general can recover the civil penalty. These changes substantially weaken enforcement by creating multiple barriers to penalty assessment.
Other amendments
Senate Reconsidered Failed, YEAS 15, NAYS 19. S.J. 524
Senate Intent to reconsider S.J. 524
Senate Conference Committee report not adopted, no committee appointed Passed, YEAS 18, NAYS 15. S.J. 523
Conference Committee Report adopted Passed, YEAS 4, NAYS 2. J. 289
Motion to amend Passed, YEAS 4, NAYS 2. J. 289
Scheduled for hearing
Senate Conference Committee appointments S.J. 513
House of Representatives Failed to concur, appoint Conference Committee Passed, YEAS 62, NAYS 7. H.J. 535
Senate Do Pass Amended Passed, YEAS 32, NAYS 2. S.J. 462
State Affairs Do Pass Amended Passed, YEAS 6, NAYS 2. S.J. 37
State Affairs Motion to amend S.J. 37
State Affairs Scheduled for hearing
Senate Referred to Senate State Affairs S.J. 296
First Reading Senate S.J. 272
House of Representatives Do Pass Amended Passed, YEAS 49, NAYS 13. H.J. 319
State Affairs Do Pass Amended Passed, YEAS 7, NAYS 4.
State Affairs Motion to amend
State Affairs Scheduled for hearing
First read in House and referred to House State Affairs H.J. 179
Prime sponsor · Rep.
R
Prime sponsor · Sen.
R
Motion to amend
Conference Committee report not adopted, no committee appointed
Conference Committee Report adopted
Reconsidered
Failed to concur, appoint Conference Committee
Do Pass Amended
State Affairs — Do Pass Amended
Do Pass Amended
State Affairs — Do Pass Amended