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hb921_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 921
2025-2026
Representatives Williams, Swearingen
To
amend sections 4151.01, 4151.02, 4151.03, 4151.04, 4151.05, 4151.06,
and 4151.07 of the Revised Code
to
require additional Ohio employers to use E-verify and to prohibit
certain employment practices.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 4151.01, 4151.02, 4151.03, 4151.04, 4151.05, 4151.06, and
4151.07 of the Revised Code be amended to read as follows:
Sec.
4151.01.
As
used in this chapter:
(A)
"Alien" means an individual who is not a United States
citizen or a United States national.
(B)
"Business day" means a day of the week excluding Saturday,
Sunday, and a legal holiday as defined under section 1.14 of the
Revised Code.
(C)
"Employee"
"Covered
employee"
means
any
all
of the following:
(1)
Any
individual
who performs services for a
construction
contractor,
subcontractor, or labor broker who satisfies both of the following
conditions:
(1)
(a)
The individual is subject to the
construction
contractor's,
subcontractor's, or labor broker's direction and control, not only as
to the result accomplished but also as to the details of how the work
is performed;
(2)
(b)
The individual receives compensation in the form of wages, salary, or
any other form of remuneration in exchange for services rendered.
(2)
A child care staff member as defined in section 5104.01 of the
Revised Code;
(3)
Any individual employed in any school, college, or university;
(4)
Any individual employed by the state or any political subdivision of
the state.
(D)
"E-verify" means the employment verification program as
jointly administered by the United States department of homeland
security and the social security administration under section
101(a)(1) of the federal "Immigration Reform and Control Act of
1986," 8 U.S.C. 1324a, or any of its successor programs.
(E)(1)
"Labor broker" means any individual or entity who hires
an
employee
a
covered employee described in division (C)(1) of this section
and
supplies the employee's labor to a
nonresidential
construction
contractor or a subcontractor, regardless of tier, through the use of
a contract.
(2)
"Labor broker" does not include any governmental entity or
labor organization as defined in section 3517.01 of the Revised Code.
(F)
"
Nonresidential
construction
Construction
contractor"
means any individual or entity that has responsibility for the means,
method, and manner of construction, improvement, renovation, or
repair on a
nonresidential
construction
project with respect to one or more trades and who offers,
identifies, advertises, or otherwise holds out or represents that the
individual or entity is permitted or qualified to perform or have
responsibility for the means, method, and manner of construction,
improvement, renovation, repair, or maintenance with respect to one
or more trades on a
nonresidential
construction
project.
(G)
"
Nonresidential
construction
Construction
project"
means the construction or renovation of any building, highway,
bridge, utility, or related infrastructure
,
but does not include any of the following:
(1)
An industrialized unit, manufactured home, or a residential building
as defined in section 3781.06 of the Revised Code;
(2)
A building or structure that is incidental to the use of the land on
which the building or structure is located for agricultural purposes
as defined in section 3781.06 of the Revised Code;
(3)
A mobile home as defined in section 4501.01 of the Revised Code
.
(H)
"Subcontractor" means any individual or entity who enters
into a contract with a
nonresidential
construction
contractor or another subcontractor, regardless of tier, to perform
work on a
nonresidential
construction
project.
(I)
"Unauthorized alien" means an alien who is not authorized
to be employed as determined in accordance with the federal
"Immigration Reform and Control Act of 1986," 8 U.S.C.
1324a.
(J)
"Covered employer" means any person who has one or more
covered employees. "Covered employer" includes an agent of
a covered employer.
(K)
"School" includes all of the following:
(1)
A preschool as defined in section 2950.034 of the Revised Code;
(2)
A school operated by a city, local, or exempted village school
district, a joint vocational school district, a community school
established under Chapter 3314., a STEM school established under
Chapter 3326., or a college-preparatory boarding school established
under Chapter 3328. of the Revised Code;
(3)
A chartered nonpublic school as defined in section 3310.01 of the
Revised Code.
Sec.
4151.02.
(A)
Except as provided in division (C) of this section, no
nonresidential
construction contractor, subcontractor, or labor broker
covered
employer
shall
fail to verify the employment eligibility of each
covered
employee
hired to perform work
on
a nonresidential construction project
through
the e-verify program.
A
nonresidential
With
respect to a covered employee described in division (C)(1) of section
4151.01 of the Revised Code, all of the following apply:
(1)
A
construction
contractor shall use e-verify to confirm the identity and legal
working status of each
covered
employee
employed by the
nonresidential
construction
contractor.
A
(2)
A
subcontractor
shall use e-verify to confirm the identity and legal working status
of each
covered
employee
employed by the subcontractor.
A
(3)
A
labor
broker shall use e-verify to confirm the identity and legal working
status of each
covered
employee
employed by the labor broker.
(B)
A
nonresidential construction contractor, subcontractor, or labor
broker
A
covered employer
shall
keep a record of the verification required by division (A) of this
section for three years after the date of hire or one year after the
date the
covered
employee's
employment is terminated, whichever is later.
(C)
A
nonresidential construction contractor, subcontractor, or labor
broker
A
covered employer
is
not required to comply with division (A) of this section if both of
the following apply:
(1)
The
nonresidential
construction contractor, subcontractor, or labor broker
covered
employer
has
previously verified
an
a
covered
employee's
employment eligibility using e-verify.
(2)
The
covered
employer
is not required to verify or reverify the
covered
employee's
eligibility to work under section 101(a)(1) of the federal
"Immigration Reform and Control Act of 1986," 8 U.S.C.
1324a(b).
Sec.
4151.03.
No
nonresidential
construction contractor, subcontractor, or labor broker
covered
employer
shall
continue to employ an individual after receiving a notice of final
nonconfirmation for that individual from the e-verify program. For
purposes of this section, a final nonconfirmation occurs when the
contractor,
subcontractor, or labor broker
covered
employer
receives
a case result indicating that
an
a
covered
employee's
employment eligibility could not be confirmed and instructions that
the
contractor,
subcontractor, or labor broker
covered
employer
should
close the e-verify case associated with the
covered
employee.
Sec.
4151.04.
(A)(1)
The attorney general shall prescribe a complaint form for an
individual to allege a violation of section 4151.02 or 4151.03 of the
Revised Code. The attorney general shall not require the complainant
to list the complainant's social security number on the complaint
form or to have the form notarized. A complainant shall submit the
complaint to the attorney general. Except as provided in division (B)
of this section, the attorney general shall investigate any violation
alleged in a prescribed complaint form when the attorney general
determines the complaint contains sufficient facts to reasonably
conclude that a violation may have occurred.
(2)
This section does not prohibit an individual from filing an anonymous
complaint on a form other than the prescribed complaint form. Except
as provided in division (B) of this section, the attorney general
may, but is not required to, investigate a violation alleged in a
form other than a prescribed form, provided the complaint contains
sufficient facts to reasonably conclude that a violation may have
occurred.
(B)
The attorney general shall not investigate a complaint that is based
solely on race, color, or national origin.
(C)
Any local law enforcement officer may assist in investigating a
complaint filed under this section.
(D)
Except as provided in division (I) of this section, if the attorney
general conducts an investigation under this section and determines
that reasonable evidence exists that a violation of section 4151.02
or 4151.03 of the Revised Code has occurred, the attorney general
shallissue
shall
issue
a
notice of violation that does all of the following:
(1)
Directs the
contractor,
subcontractor, or labor broker
covered
employer
to
provide satisfactory proof to the attorney general not later than ten
days after the notice is issued that individuals employed by the
contractor,
subcontractor, or labor broker
covered
employer
are
authorized to be employed under the federal "Immigration Reform
and Control Act of 1986," 8 U.S.C. 1324a;
(2)
Specifies any penalty assessed under division (E) of this section
based on the attorney general's determination;
(3)
If the attorney general determined it is likely the
contractor,
subcontractor, or labor broker
covered
employer
committed
two or more willful violations of section 4151.02 or 4151.03 of the
Revised Code, informs the
contractor,
subcontractor, or labor broker
covered
employer
that
the
contractor,
subcontractor, or labor broker
covered
employer
is
disqualified from bidding on or participating in any future state
contract for a period not to exceed two years;
(4)
Notifies the
contractor,
subcontractor, or labor broker
covered
employer
of
the
contractor's,
subcontractor's, or labor broker's
covered
employer's
right
to request a hearing described in division (F) of this section.
(E)(1)
Except as otherwise provided in this division, if the attorney
general's investigation reveals one or more violations of section
4151.02 of the Revised Code, the attorney general shall assess a fine
of two hundred fifty dollars for each violation against the
contractor,
subcontractor, or labor broker
covered
employer
.
Except as otherwise provided in this division, if the attorney
general's investigation reveals one or more violations of section
4151.03 of the Revised Code, the attorney general shall assess a fine
of five thousand dollars for each violation against the
contractor,
subcontractor, or labor broker
covered
employer
.
(2)
Except as otherwise provided in this division, if the attorney
general's investigation reveals one or more violations of
section
4151.02
of the Revised Code and the
contractor,
subcontractor, or labor broker
covered
employer
has
been ordered by the attorney general or a court to pay a fine under
division (E)(1) of this section during the preceding three years, the
attorney general shall assess a fine of one thousand dollars for each
violation against the
contractor,
subcontractor, or labor broker
covered
employer
.
Except as provided in this division, if the attorney general's
investigation reveals one or more violations of section 4151.03 of
the Revised Code and the
contractor,
subcontractor, or labor broker
covered
employer
has
been ordered by the attorney general or a court to pay a fine under
division (E)(1) of this section during the preceding three years, the
attorney general shall assess a fine of ten thousand dollars per
violation against the
contractor,
subcontractor, or labor broker
covered
employer
.
(3)
If the attorney general's investigation reveals one or more
violations of section 4151.02 of the Revised Code and the
contractor,
subcontractor, or labor broker
covered
employer
has
been ordered by the attorney general or a court to pay a fine under
division (E)(2) of this section during the preceding three years, the
attorney general shall assess a fine of one thousand five hundred
dollars per violation against the
contractor,
subcontractor, or labor broker
covered
employer
.
If the attorney general's investigation reveals one or more
violations of section 4151.03 of the Revised Code and the
contractor,
subcontractor, or labor broker
covered
employer
has
been ordered by the attorney general or a court to pay a fine under
division (E)(2) of this section during the preceding three years, the
attorney general shall assess a fine of twenty-five thousand dollars
for each violation against the
contractor,
subcontractor, or labor broker
covered
employer
.
(F)
Notwithstanding the thirty-day period to request a hearing described
in section 119.07 of the Revised Code, a
contractor,
subcontractor, or labor broker
covered
employer
may
request an adjudicatory hearing not more than ten business days after
being served a notice of violation under division (D) of this
section. A
contractor,
subcontractor, or labor broker
covered
employer
shall
send the request to the attorney general, who shall forward the
request to the director of commerce. The director, or the director's
designee, shall conduct a hearing under this division. Except as
provided in this division, the director or designee shall comply with
Chapter 119. of the Revised Code. A determination made by the
director or the director's designee is a final order that may be
appealed under section 119.12 of the Revised Code.
If
a
contractor,
subcontractor, or labor broker
covered
employer
fails
to request a hearing within the time specified in this division, a
notice of violation issued under division (D) of this section becomes
an enforceable order against the
contractor,
subcontractor, or labor broker
covered
employer
.
(G)(1)
If a notice of violation that includes a disqualification described
in division (D)(3) of this section becomes an enforceable order under
division (F) of this section, the attorney general shall provide a
copy of the order to the director of administrative services. The
director shall add the
contractor,
subcontractor, or labor broker
covered
employer
to
the list maintained by the director under division (C)(1) of section
4151.05 of the Revised Code.
Except
as provided in division (G)(2) of this section, after the period of
disqualification in the order ends, the
contractor,
subcontractor, or labor broker
covered
employer
may
be eligible to bid for and participate in state contracts if the
contractor,
subcontractor, or labor broker
covered
employer
files
a sworn affidavit with the director of administrative services
stating that the period of disqualification has ended and that the
contractor,
subcontractor, or labor broker
covered
employer
has
not violated section 4151.02 or 4151.03 of the Revised Code during
the period of disqualification.
(2)
The director shall not remove a
contractor,
subcontractor, or labor broker
covered
employer
from
the list maintained under division (C)(1) of section 4151.05 of the
Revised Code if the
contractor,
subcontractor, or labor broker
covered
employer
has
not paid a fine assessed under this section.
(H)
If a
contractor,
subcontractor, or labor broker
covered
employer
fails
to comply with an order that has become enforceable under division
(F) of this section within thirty days after the order is
enforceable, the attorney general shall bring a civil action against
the
contractor,
subcontractor, or labor broker
covered
employer
in
accordance with section 4151.05 of the Revised Code. In the action,
the attorney general also may present evidence that the
contractor,
subcontractor, or labor broker
covered
employer
violated
section 4151.06 of the Revised Code.
(I)
The attorney general shall not issue a notice of violation under this
section or bring a civil action under section 4151.06 of the Revised
Code if a violation of section 4151.02 or 4151.03 of the Revised Code
was the result of an isolated technical error or a malfunction in the
e-verify program.
Sec.
4151.05.
(A)
If a
contractor,
subcontractor, or labor broker
covered
employer
fails
to comply with an order that has become enforceable against the
contractor,
subcontractor, or labor broker
covered
employer
under
division (F) of section 4151.04 of the Revised Code, the attorney
general shall bring a civil action against the
contractor,
subcontractor, or labor broker
covered
employer
in
the court of common pleas of the county where the
contractor,
subcontractor, or labor broker
covered
employer
is
located or does business or in the court of common pleas of the
county where the violation is alleged to have occurred.
(B)(1)
If the court determines that a
contractor,
subcontractor, or labor broker
covered
employer
violated
section 4151.02 or 4151.03 of the Revised Code, the court shall do
both of the following:
(a)
Order the
contractor,
subcontractor, or labor broker
covered
employer
to
pay any portion of the penalty imposed by the attorney general that
the court determines to have been validly imposed based on the
evidence presented plus an additional one thousand dollars for each
violation;
(b)
Order that the
contractor,
subcontractor, or labor broker
covered
employer
is
not eligible to bid for or participate in any future state contract
for a period of up to two years.
(2)
The court shall provide a copy of an order issued under division
(B)(1) of this section to the director of administrative services.
(3)
After the period of disqualification described in division (B)(1)(b)
of this section has elapsed, a
contractor,
subcontractor, or labor broker
covered
employer
that
has been ordered ineligible may be eligible to bid for and
participate in state contracts if the
contractor,
subcontractor, or labor broker
covered
employer
files
a sworn affidavit with the director that the period of
disqualification has elapsed and that the
contractor,
subcontractor, or labor broker
covered
employer
has
not violated section 4151.02 or 4151.03 of the Revised Code during
that period.
(C)(1)
The director shall maintain a list of all
contractors,
subcontractors, and labor brokers
covered
employers
ineligible
to bid for or participate in any state contract for a period of two
years under division (B)(1)(b) of this section. Except as provided in
division (C)(2) of this section, the director shall remove a
contractor,
subcontractor, or labor broker
covered
employer
from
the list when the two-year period ends. The director also shall
maintain a record of all affidavits filed with the director under
division (B)(3) of this section.
(2)
The director shall not remove a
contractor,
subcontractor, or labor broker
covered
employer
from
the list maintained under division (C)(1) of this section if the
contractor,
subcontractor, or labor broker
covered
employer
has
not paid a fine ordered under this section.
(D)
The e-verify enforcement fund is created in the state treasury. Fines
collected pursuant to this chapter shall be deposited to the credit
of the fund. The attorney general shall use the fund to administer
and enforce this chapter.
Sec.
4151.06.
(A)
If a court, pursuant to an action brought under section 4151.05 of
the Revised Code, determines that a
nonresidential
construction contractor, subcontractor, or labor broker
covered
employer
has
knowingly employed an unauthorized alien, the court shall order each
appropriate agency to permanently revoke any license issued by the
agency and held by the
nonresidential
construction contractor, subcontractor, or labor broker
covered
employer
specific
to the business location where the unauthorized alien performed work.
If the
nonresidential
construction contractor, subcontractor, or labor broker
covered
employer
does
not hold a license specific to the business location where the
unauthorized alien performed work, but a license is necessary to
operate the
nonresidential
construction contractor's, subcontractor's, or labor broker's
covered
employer's
business
in general, the court shall order the appropriate agency to
permanently revoke all licenses issued by that agency that are held
by the
nonresidential
construction contractor, subcontractor, or labor broker
covered
employer
at
the
nonresidential
construction contractor's, subcontractor's, or labor broker's
covered
employer's
primary
place of business. On receipt of the order and notwithstanding any
other law to the contrary, the appropriate agency immediately shall
revoke the licenses.
(B)
For purposes of determining whether
an
a
covered
employee
is an unauthorized alien, a court shall consider only a determination
with respect to that alien's immigration status made by the federal
government pursuant to the federal "Omnibus Consolidated
Appropriations Act, 1997," 8 U.S.C. 1373(c). The federal
government's determination creates a rebuttable presumption of the
alien's lawful status. The court may take judicial notice of the
federal government's determination and may request the federal
government to provide automated or testimonial verification pursuant
to the federal "Omnibus Consolidated Appropriations Act, 1997,"
8 U.S.C. 1373(c).
Sec.
4151.07.
(A)
No state agency shall fail to include in a contract
for
the construction or renovation of a nonresidential construction
project
entered
into between the agency and a covered employer on or after the
effective date of this amendment
provisions
requiring compliance with sections 4151.02 and 4151.03 of the Revised
Code.
(B)
The attorney general shall conduct periodic reviews of state agencies
to ensure that state agencies are including within their contracts
for
the construction or renovation of nonresidential construction
projects
with
covered employers
provisions that comply with division (A) of this section.
(C)
The attorney general shall notify a state agency and the director of
administrative services of any contract
for the construction or renovation of a nonresidential construction
project
the attorney general determines violates division (A) of this
section. In the notice, the attorney general shall inform the state
agency and the director of the state agency's duty under division (A)
of this section.
(D)
Each state agency found in violation of division (A) of this section
shall, for one year after the attorney general provides the notice
required under division (C) of this section, submit any contract
for
the construction or renovation of a nonresidential construction
project
with
a covered employer
to
the director of administrative services. The director shall promptly
review the proposed contract and determine whether the state agency
complied with division (A) of this section. The director shall notify
the agency of the director's determination and, in the event the
proposed contract does not contain the required provisions, instruct
the state agency to include the provisions in a revised draft of the
proposed contract.
Section
2.
That
existing sections 4151.01, 4151.02, 4151.03, 4151.04, 4151.05,
4151.06, and 4151.07 of the Revised Code are hereby repealed.