South Dakota legislation · 101st Legislature (2026)
South Dakota HB1209: require employment verification eligibility through the e-verify program and to provide a penalty therefor.
Status: In committee, March 11, 2026
What the bill says
An Act to require employment verification eligibility through the e-verify program and to provide a penalty therefor.
From the engrossed text, March 2, 2026:
An Act to require employment verification eligibility through the e-verify program and to provide a penalty therefor. Be it enacted by the Legislature of the State of South Dakota: Section 1. That a NEW SECTION be added to chapter 60-2: [ADDED: Every employer, as defined in § 61-1-4, with more than fifty employees, after hiring an employee, shall, within twenty days of the employee's first day of work, verify the employment eligibility of the employee through the United States Department of Homeland Security's e-verify program, and shall keep a record of the verification for the duration of the employee's employment.] [ADDED: An employer is not liable for failure to timely comply with this section if the e-verify program is temporarily unavailable. Once the e-verify program becomes available again following a temporary pause, the employer has twenty days to verify the employment eligibility through the e-verify program.] Section 2. That a NEW SECTION be added to chapter 60-2: [ADDED: The attorney general may, upon receipt of a complaint, investigate an alleged violation of section 1 of this Act. If the attorney general deems the complaint meritorious and receives written confirmation from the United States Department of Homeland Security or the United States Department of Justice that an employer has knowingly employed an unauthorized person in violation of federal immigration law, the …
Sponsors
- Josephine Garcia (R, HD-005) · primary sponsor
- Lauren Nelson (R, SD-018) · primary sponsor
- Jana Hunt (R, HD-028)
- Phil Jensen (R, 33)
- Dylan Jordan (R, HD-004)
- Logan Manhart (R, HD-001)
- Kaley Nolz (R, HD-020)
- Kathy Rice (R, HD-029)
- Brandei Schaefbauer (R, HD-003)
Latest actions
- : Reconsidered
- : Intent to reconsider
- : Conference Committee report not adopted, no committee appointed
- : Conference Committee Report adopted
- : Motion to amend
- : Scheduled for hearing
- : Conference Committee appointments
- : Failed to concur, appoint Conference Committee
- : Do Pass Amended
- : Do Pass Amended
Votes
- Reconsidered (March 11, 2026): 15 yea, 19 nay, failed
- Motion to amend (March 11, 2026): 4 yea, 2 nay, passed
- Conference Committee report not adopted, no committee appointed (March 11, 2026): 18 yea, 15 nay, failed
- Conference Committee Report adopted (March 11, 2026): 4 yea, 2 nay, passed
- Failed to concur, appoint Conference Committee (March 9, 2026): 62 yea, 7 nay, failed
- Do Pass Amended (March 4, 2026): 32 yea, 2 nay, passed
Subjects: Penalty, Labor and Employment
Common questions
- What is HB1209?
- HB1209 is a bill in the South Dakota Legislature (101st Legislature (2026)): require employment verification eligibility through the e-verify program and to provide a penalty therefor.
- What does HB1209 do?
- In its own words: An Act to require employment verification eligibility through the e-verify program and to provide a penalty therefor.
- What is the status of HB1209?
- In committee as of March 11, 2026. Latest action: Reconsidered (March 11, 2026).
- Who sponsored HB1209?
- Josephine Garcia (R, HD-005), with 8 co-sponsors.
- Where is the official record for HB1209?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/27064
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.