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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 183
2025-2026
Senators Cirino, Reynolds
Cosponsors: Senators Schaffer, Wilkin
To
enact sections 4151.01, 4151.02, 4151.03, 4151.04, 4151.05, 4151.06,
and 4151.07 of the Revised Code
to
require certain construction industry employers to use E-verify and
to sanction specified hiring practices in the industry.
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 enacted 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)
"Employee" means any individual who performs services for a
contractor, subcontractor, or labor broker who satisfies both of the
following conditions:
(1)
The individual is subject to the 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)
The individual receives compensation in the form of wages, salary, or
any other form of remuneration in exchange for services rendered.
(C)
"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.
(D)(1)
"Labor broker" means any individual or entity who hires an
employee 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.
(E)
"Nonresidential 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.
(F)
"Nonresidential 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.
(G)
"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.
(H)
"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.
Sec.
4151.02.
(A)
Except as provided in division (C) of this section, no nonresidential
construction contractor, subcontractor, or labor broker shall fail to
verify the employment eligibility of each employee hired to perform
work on a nonresidential construction project through the e-verify
program. A nonresidential construction contractor shall use e-verify
to confirm the identity and legal working status of each employee
employed by the nonresidential construction contractor. A
subcontractor shall use e-verify to confirm the identity and legal
working status of each employee employed by the subcontractor. A
labor broker shall use e-verify to confirm the identity and legal
working status of each employee employed by the labor broker.
(B)
A nonresidential construction contractor, subcontractor, or labor
broker 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 employee's employment is terminated,
whichever is later.
(C)
A nonresidential construction contractor, subcontractor, or labor
broker 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 has previously verified an employee's employment eligibility
using e-verify.
(2)
The employer is not required to verify or reverify the 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 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 receives a case
result indicating that an employee's employment eligibility could not
be confirmed and instructions that the contractor, subcontractor, or
labor broker should close the e-verify case associated with the
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 (G) 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
shall, after providing notice and an opportunity for a hearing in
accordance with Chapter 119. of the Revised Code, issue an order that
does both of the following:
(1)
Directs the contractor, subcontractor, or labor broker to provide
satisfactory proof that any violation has been corrected;
(2)
Imposes any penalty that applies under division (E) 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 order the
contractor, subcontractor, or labor broker to pay a fine of two
hundred fifty dollars for each violation. 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 order the contractor, subcontractor,
or labor broker to pay a fine of five thousand dollars for each
violation.
(2)
Except as otherwise provided in this division, if the attorney
general's investigation reveals one or more violations of 4151.02 of
the Revised Code and the contractor, subcontractor, or labor broker
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 order the contractor,
subcontractor, or labor broker to pay a fine of one thousand dollars
for each violation. 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 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
order the contractor, subcontractor, or labor broker to pay a fine of
ten thousand dollars per violation.
(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 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
order the contractor, subcontractor, or labor broker to pay a fine of
one thousand five hundred dollars per violation. 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 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 order the contractor,
subcontractor, or labor broker to pay a fine of twenty-five thousand
dollars for each violation.
(F)
If a contractor, subcontractor, or labor broker fails to comply with
an order issued by the attorney general under division (D) of this
section within thirty days after the attorney general issues the
order, the attorney general shall bring a civil action against the
contractor, subcontractor, or labor broker 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 violated section 4151.06 of the Revised Code.
(G)
The attorney general shall not issue an order 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 fails to comply with
an order issued by the attorney general under division (D) of section
4151.04 of the Revised Code within the period specified in division
(F) of that section, the attorney general shall bring a civil action
against the contractor, subcontractor, or labor broker in the court
of common pleas of the county where the contractor, subcontractor, or
labor broker 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 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 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 is not
eligible to bid for or participate in any state contract for a period
of 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 two-year period described in division (B)(1)(b) of this
section has elapsed, a contractor, subcontractor, or labor broker
that has been ordered ineligible may be eligible to bid for and
participate in state contracts if the contractor, subcontractor, or
labor broker files a sworn affidavit with the director that two years
or more have elapsed since the order described in division (B)(1)(b)
of this section and that the contractor, subcontractor, or labor
broker has not violated section 4151.02 or 4151.03 of the Revised
Code during the two-year period.
(C)(1)
The director shall maintain a list of all contractors,
subcontractors, and labor brokers 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 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 from the list maintained under division (C)(1) of this section
if the contractor, subcontractor, or labor broker 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 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 specific to the business location where the unauthorized alien
performed work. If the nonresidential construction contractor,
subcontractor, or labor broker 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 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 at the nonresidential construction contractor's,
subcontractor's, or labor broker'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 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)
The attorney general shall conduct periodic reviews of state agencies
and political subdivisions to ensure that state agencies and
political subdivisions are including within their contracts for the
construction or renovation of nonresidential construction projects
provisions requiring compliance with sections 4151.02 and 4151.03 of
the Revised Code.
(B)
Each state agency or political subdivision that fails to include
provisions requiring compliance with sections 4151.02 and 4151.03 of
the Revised Code in a contract for the construction or renovation of
a nonresidential construction project shall be fined five thousand
dollars for each failure.