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

HB 1209 requires South Dakota employers to verify new employees' work eligibility using the federal DHS e-Verify program within the hiring process and maintain records throughout employment. Employers who fail to comply lose eligibility for state economic incentives (like grants or loans) and must repay any such funds received within 30 days of a final noncompliance determination. Additionally, the bill makes it a Class 1 misdemeanor for individuals to knowingly provide false information to evade e-Verify checks. The law directly affects all South Dakota employers receiving state economic incentives and their employees.