The proposed bill introduces the "Idaho E-Verify Act," which mandates that all covered employers in Idaho must enroll in the E-Verify program to verify the employment eligibility of new hires starting January 1, 2027. Covered employers include public agencies and private employers with more than 150 employees who have contracts with public agencies or whose contracts exceed $100,000 and are funded with public money. The bill outlines definitions for key terms, such as "covered employer," "employee," and "unauthorized worker," and establishes the requirement for these employers to verify an employee's work authorization within three days of their start date.
The bill also details enforcement mechanisms for noncompliance, allowing the director of the Idaho Department of Labor to notify employers of violations and pursue legal action if necessary. Courts will rely on federal determinations regarding an employee's work authorization, and employers found to have knowingly violated the law may face penalties, including termination of unauthorized workers and a probationary period. Additionally, the bill provides defenses for employers who can demonstrate compliance or entrapment and clarifies that certain relationships, such as those with independent contractors, are excluded from liability under this chapter. The director is granted rulemaking authority to implement the provisions of the act.