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Bill > SB329


MT SB329

Require employers to use e-verify for employment eligibility


summary

Introduced
02/14/2025
In Committee
03/05/2025
Crossed Over
03/04/2025
Passed
Dead
05/23/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT GENERALLY REVISING EMPLOYMENT LAW; REQUIRING EMPLOYERS TO E-VERIFY NEW EMPLOYEES; PROVIDING DEFINITIONS; PROVIDING THE ATTORNEY GENERAL WITH ENFORCEMENT POWER; PROVIDING PENALTIES; PROHIBITING LOCAL GOVERNMENTS FROM ENACTING LAWS IN CONTRAVENTION OF THE ACT; PROVIDING AN EXCEPTION FROM WRONGFUL TERMINATION LAWS; AMING SECTION 7-1-111, MCA; AND PROVIDING AN APPLICABILITY DATE.”

AI Summary

This bill requires employers with more than 50 employees to use E-Verify, an electronic employment eligibility verification system operated by U.S. Citizenship and Immigration Services, to confirm the work authorization of all new employees hired on or after October 1, 2025. Employers must register for an E-Verify account, submit new employees' information for verification within a specified timeframe, and maintain records of work authorization for the duration of employment or three years. Employees' work status is considered provisional until verified, and employers are prohibited from employing unauthorized workers. The Attorney General is empowered to investigate potential violations, with a graduated penalty system that starts with warning letters for first-time offenders and escalates to fines of $1,000 to $2,500 per violation for subsequent offenses. Employers found in repeated violation may face license suspension or revocation. The bill also prevents local governments from creating policies that interfere with enforcement and provides employers a "safe harbor" protection if they verify employment eligibility in good faith. Notably, the bill protects employers from wrongful termination claims if they dismiss workers to comply with the new verification requirements, and it explicitly prevents local governments from creating sanctuary policies that might limit immigration enforcement.

Committee Categories

Justice

Sponsors (1)

Last Action

(S) Died in Process (on 05/23/2025)

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