This bill mandates that all employers in South Dakota verify the employment eligibility of new hires through the United States Department of Homeland Security's e-verify program. Employers are required to maintain records of this verification for the duration of the employee's employment. Additionally, employers who do not register with and participate in the e-verify program will be ineligible to receive any economic incentives from the state. They must provide proof of their participation to the Department of Labor and Regulation, which will notify employers of any noncompliance and their right to appeal. If an employer fails to appeal or is unsuccessful, they must repay any economic incentives received within the last twelve months.
The bill also prohibits individuals from knowingly submitting false information or documents to employers to avoid employment eligibility verification under the e-verify program, classifying such violations as a Class 1 misdemeanor. This legislation aims to enhance compliance with employment eligibility verification and ensure that employers are held accountable for their participation in the e-verify program.