SD HB1209

Employers with more than 50 employees must verify employment eligibility through the federal E-Verify program within 20 days of a new employee's first day of work and maintain verification records for the duration of employment

The Attorney General may investigate complaints and impose a $2,000 civil penalty per violation when federal authorities confirm an employer knowingly hired an unauthorized worker; penalties are deposited in the state general fund

Employers are protected from liability if E-Verify is temporarily unavailable (with 20 days to comply once restored), if they use E-Verify in good faith, or for actions of third-party staffing agencies unless they knowingly participated in violations

Individuals who knowingly submit false information or documents to evade E-Verify employment eligibility determination commit a Class 1 misdemeanor