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 removes the penalty provisions targeting employers (loss of state economic incentives and repayment requirements) and replaces them with a civil penalty system where the attorney general can recover $2,000 per violation, significantly weakening enforcement against non-compliant employers while shifting the focus toward individual document fraud rather than employer accountability.
The amendment NARROWS the bill's requirements by limiting the e-verify mandate to employers with more than fifty employees and adding a twenty-day compliance window, while also significantly WEAKENS enforcement by requiring federal confirmation of unauthorized employment before the attorney general can impose civil penalties. The amendment additionally adds safe harbor protections for employers using e-verify in good faith and those working with third-party contractors, shifting the bill from broad employer accountability to a more limited enforcement regime.
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