25.0654.02000
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 willfully hire for employment an unauthorized worker or
continue to employ an individual who has become an unauthorized worker.
3.An alleged violation under this section may be filed by an individual with the attorney
general and the attorney general may investigate the alleged violation. An alleged
violation may be referred by the attorney general for prosecution.
4.A person who violates this section is subject to a civil penalty not to exceed:
a.Two thousand dollars if it is the person's first offense under this section.
b.Five thousand dollars if it is the person's second offense under this section.
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ENGROSSED HOUSE BILL NO. 1291
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22 Sixty-ninth
Legislative Assembly
c.Ten thousand dollars if it is the person's third or subsequent offense under this
section.
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