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;
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(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:
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(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
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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
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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
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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.
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(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
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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
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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
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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
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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.
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