ND
North Dakota House Bill HB1291

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1291 Compare Versions

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1-25.0654.03000
1+25.0654.01003
2+Title.02000
3+Adopted by the Industry, Business and
4+Labor Committee
25 Sixty-ninth
6+February 5, 2025
37 Legislative Assembly
48 of North Dakota
59 Introduced by
610 Representatives Heilman, Kasper, D. Johnston, Nehring, Morton, VanWinkle
711 Senator Castaneda
8-A BILL for an Act to provide for a legislative management study relating to immigration law.
12+A BILL for an Act to create and enact a new section to chapter 34-05 of the North Dakota
13+Century Code, relating to the prohibition of the employment of unauthorized workers; and to
14+provide a penalty.
915 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. LEGISLATIVE MANAGEMENT STUDY - IMMIGRATION LAW.
11-1.During the 2025-26 interim, the legislative management shall consider studying federal
12-jurisdiction over immigration law, illegal immigration, and immigration law in other
13-states. The study must include:
14-a.An overview of federal pre-emption of state or local law related to immigration.
15-b.A survey of the laws of this state and other states regarding individuals living and
16-working in the United States without authorization.
17-c.A review of case law affecting the states' ability to enact laws regarding
18-unauthorized workers.
19-d.Information regarding the manner in which local law enforcement agencies
20-coordinate with federal law enforcement agencies.
21-e.Input from the private sector and pro-business lobbyists, the office of the attorney
22-general, and the secretary of state.
23-2.The legislative management shall report its findings and recommendations, together
24-with any legislation required to implement the recommendations, to the seventieth
25-legislative assembly.
26-Page No. 1 25.0654.03000
27-ENGROSSED HOUSE BILL NO. 1291
28-FIRST ENGROSSMENT
29-with Senate Amendments
16+SECTION 1. A new section to chapter 34-05 of the North Dakota Century Code is created
17+and enacted as follows:
18+Unauthorized workers - Prohibition - Penalty.
19+1.As used in this section:
20+a."Business license" means a license, permit, registration, or other authorization
21+required by law for a business to operate in the state.
22+b."Private employer" means a person transacting business in the state, which
23+employs one or more individuals.
24+c."Unauthorized worker" means an unauthorized alien as defined by 8 U.S.C.
25+Section 1324a(h)(3).
26+2.A private employer may not willfully hire for employment an unauthorized worker or
27+continue to employ an individual , knowing the individual who has become an
28+unauthorized worker.
29+3.The labor commissioner shall investigate an An alleged violation under this section
30+may be filed by an individual with the attorney general and the attorney general ma y
31+investigate the alleged violation . If the labor commissioner finds evidence of a
32+Page No. 1 25.0654.01003
33+ HOUSE BILL NO. 1291
34+PROPOSED AMENDMENTS TO
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54+20 Sixty-ninth
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56+violation, the labor commissioner shall refer the An alleged violation to the may be
57+referred by the attorney general for prosecution.
58+4.A person who violates this section is subject to a civil penalty not to exceed:
59+a.Five Two thousand dollars and the suspension of the person's business license
60+until the unauthorized worker's employment is terminated, if it is the person's first
61+offense under this section.
62+b.Ten Five thousand dollars and the suspension of the person's business license for
63+six months, if it is the person's second offense under this section.
64+c.Thirty Ten thousand dollars and the permanent revocation of the person's
65+business license, if it is the person's third or subsequent offense under this
66+section.
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