Changes to Existing Law

26.765.9 26.765.10 101st Legislative Session 1209 2026 South Dakota Legislature House Bill 1209 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Garcia Underscores indicate new language. Overstrikes indicate deleted language. An Act to require employment verification eligibility through the e-verify program 1 and to provide a penalty therefor. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 60-2: 4 Every employer, as defined in § 61-1-4, after hiring an employee, shall verify the 5 employment eligibility of the employee through the United States Department of 6 Homeland Security's e-verify program, and shall keep a record of the verification for the 7 duration of the employee's employment. 8 An employer that does not register with and participate in the e-verify program 9 may not receive any economic incentive from the state. The employer shall provide proof 10 to the Department of Labor and Regulation that the employer is registered with and is 11 participating in the e-verify program. 12 If the Department of Labor and Regulation determines that the employer is not 13 complying with this section, the department must notify the employer by certified mail of 14 the department's determination of noncompliance and of the employer's right to appeal 15 the determination to a circuit court. If an employer declines to appeal the determination 16 within thirty days or is unsuccessful in appealing the determination, then the department 17 must issue a final determination of noncompliance, after which the employer must, within 18 thirty days of the final determination, repay all moneys received as an economic incentive 19 from the state. 20 For purposes of this section, "economic incentive" means any grant, loan, or 21 performance-based incentive from any division or agency of government in this state, 22 received by an employer within the preceding twelve months. 23 Section 2. That a NEW SECTION be added to chapter 60-2: 24 26.765.9 2 1209 Underscores indicate new language. Overstrikes indicate deleted language. 9 The attorney general may, upon receipt of a complaint, investigate an alleged 10 violation of section 1 of this Act. If the attorney general deems the complaint meritorious, 11 the attorney general may recover a civil penalty of two-thousand dollars for each violation. 12 The attorney general shall forward to the state treasurer for deposit in the general fund 13 any civil penalty recovered pursuant to this section. 14 Section 3. That a NEW SECTION be added to chapter 60-2: 15 Any individual may not knowingly submit false information or documents to an 1 16 employer to evade determination of employment eligibility under the e-verify program. 2 17 A violation of this section is a Class 1 misdemeanor. 3 18

26.765.10 26.765.11 101st Legislative Session 1209 2026 South Dakota Legislature House Bill 1209 HOUSE SENATE STATE AFFAIRS ENGROSSED Introduced by: Representative Garcia Underscores indicate new language. Overstrikes indicate deleted language. An Act to require employment verification eligibility through the e-verify program 1 and to provide a penalty therefor. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 60-2: 4 Every employer, as defined in § 61-1-4, with more than fifty employees, after 5 hiring an employee, shall shall, within twenty days of the employee's first day of work, verify 6 the 5 employment eligibility of the employee through the United States Department of 6 7 Homeland Security's e-verify program, and shall keep a record of the verification for the 7 8 duration of the employee's employment. 8 9 An employer is not liable for failure to timely comply with this section if the e-verify 10 program is temporarily unavailable. Once the e-verify program becomes available again 11 following a temporary pause, the employer has twenty days to verify the employment 12 eligibility through the e-verify program. 13 Section 2. That a NEW SECTION be added to chapter 60-2: 9 14 The attorney general may, upon receipt of a complaint, investigate an alleged 10 15 violation of section 1 of this Act. If the attorney general deems the complaint meritorious, 11 meritorious 16 and receives written confirmation from the United States Department of Homeland 17 Security or the United States Department of Justice that an employer has knowingly 18 employed an unauthorized person in violation of federal immigration law, the attorney 19 general may recover a civil penalty of two-thousand dollars for each violation. 12 The 20 attorney general shall forward to the state treasurer for deposit in the general fund 13 any 21 civil penalty recovered pursuant to this section. 14 22 An employer who uses the e-verify in good faith and maintains the verification 23 record is not liable for any civil penalty arising from an employee's work authorization. An 24 26.765.11 2 1209 Underscores indicate new language. Overstrikes indicate deleted language. employer is not liable for the actions of a third-party staffing agency, subcontractor, or 1 labor contractor, unless the employer knowingly participated in a violation. 2 Section 3. That a NEW SECTION be added to chapter 60-2: 15 3 Any individual may not knowingly submit false information or documents to an 16 4 employer to evade determination of employment eligibility under the e-verify program. 17 5 A violation of this section is a Class 1 misdemeanor. 18 6