25.0654.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Heilman, Kasper, D. Johnston, Nehring, Morton, VanWinkle
Senator Castaneda
A BILL for an Act to create and enact a new section to chapter 34-05 of the North Dakota
Century Code, relating to the prohibition of the employment of unauthorized workers; and to
provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 34-05 of the North Dakota Century Code is created
and enacted as follows:
Unauthorized workers - Prohibition - Penalty.
1.As used in this section:
a."Business license" means a license, permit, registration, or other authorization
required by law for a business to operate in the state.
b."Private employer" means a person transacting business in the state, which
employs one or more individuals.
c."Unauthorized worker" means an unauthorized alien as defined by 8 U.S.C.
Section 1324a(h)(3).
2.A private employer may not hire for employment an unauthorized worker or continue to
employ an individual, knowing the individual has become an unauthorized worker.
3.The labor commissioner shall investigate an alleged violation under this section. If the
labor commissioner finds evidence of a violation, the labor commissioner shall refer
the alleged violation to the attorney general for prosecution.
4.A person who violates this section is subject to a civil penalty not to exceed:
a.Five thousand dollars and the suspension of the person's business license until
the unauthorized worker's employment is terminated, if it is the person's first
offense under this section.
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HOUSE BILL NO. 1291
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23 Sixty-ninth
Legislative Assembly
b.Ten thousand dollars and the suspension of the person's business license for six
months, if it is the person's second offense under this section.
c.Thirty thousand dollars and the permanent revocation of the person's business
license, if it is the person's third offense under this section.
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