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A bill for an act to increase the penalties for employers who employ illegal aliens; and amending section 39-2-305, M.C.A.
39-2-305. Employment of aliens not lawfully authorized to accept employment (be in the United States) prohibited. (1) No employer may knowingly employ an alien who is has not lawfully authorized to accept employment entered
the United States and who has not lawfully procured permission to
reside in and work in the United States. An employer has a duty
to make reasonable efforts that each employee is legally in the United
(2) A person convicted of violating this section shall be fined no more than $300 1,000 per incident. Each day that each illegal alien is employed by the employer is a separate incident.
(3) The department of labor and industry or a person harmed by a violation of this section an interested person may sue to enjoin an employer from violating this section and to gain other appropriate relief. An
interested person who sues and prevails must be awarded reasonable
court costs and attorney fees, and also 50% of any fine levied by the
court pursuant to [subsection (2)].