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South Dakota HouseHB 1209

require employment verification eligibility through the e-verify program and to provide a penalty therefor.

Passed 7–4Crossed party lines

What it does: On the version voted Mar 9, 2026: Requires employers with more than 50 employees to verify new hires through E-Verify within 20 days, and lets the attorney general seek a $2,000 civil penalty per violation when federal agencies confirm knowing employment of an unauthorized worker. (AI-written summary of the bill; the official record shows the exact version voted)

Question before the chamber: Do Pass Amended

A yes vote recommended passage of HB 1209, the E-Verify requirement, with an amendment replacing loss of state economic incentives for noncompliant employers with attorney general complaint investigations and a $2,000 civil penalty per violation. (AI-written)

Read the official record ↗

The tally

Yes 7 · No 4 · Not voting 2

Bar: green = yes, brown = no, striped = not voting.

Votes by party
PartyYesNoNot voting
Democrats020
Republicans722

Most Democrats voted no; most Republicans voted yes. 2 members voted against their party’s majority.

Voted against their party’s majority

The full roll (13)

“Not voting” is a recorded non-vote, not a reason for the absence. Parties come from public rosters; how we count.