This bill mandates that employers in South Dakota with more than fifty employees must verify the employment eligibility of new hires through the e-verify program within twenty days of the employee's start date. Employers are required to maintain records of this verification for the duration of the employee's employment. The bill also stipulates that employers will not be held liable for delays in compliance if the e-verify program is temporarily unavailable, allowing them an additional twenty days to complete the verification once the program is accessible again.
Additionally, the bill empowers the attorney general to investigate complaints regarding violations of the employment verification requirement. If a violation is confirmed, the attorney general can impose a civil penalty of two thousand dollars for each infraction, with the collected penalties directed to the state general fund. Employers who utilize the e-verify program in good faith and keep proper records are protected from civil penalties related to an employee's work authorization. Furthermore, the bill prohibits individuals from submitting false information to evade employment eligibility checks, classifying such violations as a Class 1 misdemeanor.