Lawmakers fail to agree on employee verification bill

PIERRE, S.D. (Dakota News Now) - The South Dakota legislature is aiming to establish specific requirements for employee verification in the state.

The effort is intended to curb illegal immigration, and it sparked disagreement between the House and Senate over the workload that would be imposed on employers if the bill passes.

Currently, 22 other states require the use of the Department of Homeland Security’s E-Verify system in some capacity. E-Verify compares I-9 forms to other records to ensure a match.

Spearfish Senator Randy Deibert said small-business employers need adequate time in the hiring process.

“You know I use a lot of government-based websites, and it’s always a struggle, especially when the government is not funded or shuts down, and you need time to catch up to file your report,” Senator Randy Deibert (R), Spearfish, said.

The latest adoption of House Bill 1209 required employers of any business larger than 25 employees to have I-9’s submitted through the E-Verify system within 10 days of hire.

These provisions were established by fellow Republican Spearfish resident Scott Odenbach after Deibert’s suggested amendment to move the deadline up to 20 days, require compliance from businesses with more than 50 employees, and ensure employers are not liable for errors of 3rd parties; they were rejected by the House.

“Let’s be consistent and let’s not punish small businesses that don’t have an HR manager like my own business,” Deibert said.

When Watertown representative Josephine Garcia originally filed the bill, it applied to businesses of all sizes. She believed the 10-day timeline and exempting business under 25 people was enough of a compromise.

“It’s free by the feds, it doesn’t cost you any money. It’s three seconds to get your answers, and it stops identity theft. And it’s not just unauthorized workers; it’s those who have possibly used your security or your identity,” Garcia said.

Garcia said she thought the bill was straightforward before the Senate implemented the exemptions.

“Clearly, it demonstrates that people are pro-illegal immigration and cheap labor. When we elected Donald Trump, we said we would take the first step to try and stop illegal immigration,” Garcia said.

The original bill required a successful revote from both chambers; however, the full Senate body did not get behind the measure’s requirements, and therefore it died.