25.0654.01003
Title.02000
Adopted by the Industry, Business and
Labor Committee
Sixty-ninth
February 5, 2025
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 , knowing the individual who has become an
unauthorized worker.
3.The labor commissioner shall investigate an An alleged violation under this section
may be filed by an individual with the attorney general and the attorney general ma y
investigate the alleged violation . If the labor commissioner finds evidence of a
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HOUSE BILL NO. 1291
PROPOSED AMENDMENTS TO
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20 Sixty-ninth
Legislative Assembly
violation, the labor commissioner shall refer the An alleged violation to the 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.Five Two 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.
b.Ten Five 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 Ten thousand dollars and the permanent revocation of the person's
business license, if it is the person's third or subsequent offense under this
section.
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