HB1209

Require employment verification eligibility through the e-verify program and to provide a penalty therefor.

Final Passage·3/4/26

South Dakota HB1209 mandates employment eligibility verification through the e-verify program and penalizes noncompliance.

South Dakota HB1209 requires employers to verify employee eligibility through the e-verify program and maintain records of this verification. Employers must provide proof of e-verify participation to the Department of Labor and Regulation. Noncompliance results in notification and potential loss of economic incentives. Employers can appeal noncompliance determinations, but failure to do so or unsuccessful appeals lead to repayment of state incentives. Individuals knowingly submitting false information to evade e-verify face misdemeanor charges.

Included in complete analysis

  • Overview
  • Core Provisions
  • Implementation
  • Impact
  • Legal Framework
  • Critical Issues

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Where it stands

Last
Passed both chambers · 4–2 · Mar 4
Current
Awaiting the Governor
Next
Signature or veto

Sponsors

0
9
RRRRRRRRR
Democratic CaucusRepublican Caucus

Roll Call Votes

15 Yea

RRRRRRRRRRRRRRR

19 Nay

RRRRRRDRRRDRRRDRRRR

1 Absent

R

Calendar

Mar 11

12:00 AM

Senate State Affairs Hearing

Mar 10

12:00 AM

Senate State Affairs Hearing

History

Mar 11

Senate

Scheduled for hearing

Mar 11

Senate

Motion to amend, Passed, YEAS 4, NAYS 2. Amendment 1209F

Mar 11

Senate

Conference Committee Report adopted, Passed, YEAS 4, NAYS 2.