This bill primarily focuses on mandating and enforcing the use of the federal E-verify program within the nonresidential construction industry in Ohio to ensure the legal working status of employees. The core themes revolve around:
- Mandatory E-verify Use: The bill requires specific entities within the nonresidential construction sector to use E-verify for verifying the employment eligibility of newly hired employees.
- Prohibition of Continuing Employment of Unauthorized Aliens: Employers are prohibited from continuing to employ an individual after receiving a final nonconfirmation notice from E-verify.
- Establishment of an Enforcement Mechanism: The bill outlines a complaint process administered by the Attorney General, including investigation, ordering of corrective action and fines, and potential civil action.
- Graduated Penalties: A system of escalating fines is established for violations, increasing with repeat offenses.
- Revocation of Licenses: Knowing employment of unauthorized aliens can lead to the permanent revocation of relevant business licenses.
- State Contract Disqualification: Employers found in violation can be disqualified from bidding for or participating in state contracts for a period.
- Oversight of Public Contracts: The Attorney General is tasked with reviewing state agencies and political subdivisions to ensure their nonresidential construction contracts include compliance provisions with the E-verify requirements.
Most Important Ideas and Facts:
- Scope of Application: The requirements apply specifically to “nonresidential construction contractors,” “subcontractors,” and “labor brokers” involved in “nonresidential construction projects.” Residential construction, agricultural buildings incidental to land use, industrialized units, manufactured homes, and mobile homes are explicitly excluded from the definition of “nonresidential construction project.”
- E-verify Mandate: Section 4151.02(A) is the central mandate: “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.”
- Record Keeping: Employers are required to maintain E-verify verification records for a specified period: “for three years after the date of hire or one year after the date the employee’s employment is terminated, whichever is later.” (Section 4151.02(B))
- Prohibition on Continuing Employment: Section 4151.03 states: “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.”
- Complaint Process and Investigation: The Attorney General is empowered to investigate complaints of violations. While a prescribed complaint form exists, anonymous complaints may also be investigated. However, the Attorney General “shall not investigate a complaint that is based solely on race, color, or national origin.” (Section 4151.04(B))
- Attorney General’s Order: If reasonable evidence of a violation is found, the Attorney General shall issue an order requiring corrective action and imposing a penalty. (Section 4151.04(D))
- Fines for Violations: The bill establishes a tiered fine structure:
- Initial violation of E-verify use (4151.02): $250 per violation.
- Initial violation of continuing employment (4151.03): $5,000 per violation.
- Second violation within three years of E-verify use: $1,000 per violation.
- Second violation within three years of continuing employment: $10,000 per violation.
- Third or subsequent violation within three years of E-verify use: $1,500 per violation.
- Third or subsequent violation within three years of continuing employment: $25,000 per violation. (Section 4151.04(E))
- Civil Action by Attorney General: If an employer fails to comply with the Attorney General’s order, the Attorney General “shall bring a civil action” against the employer. (Section 4151.04(F) and 4151.05(A))
- Court-Imposed Penalties: If a court finds a violation in a civil action:
- The court orders payment of the Attorney General’s validly imposed penalty plus an additional $1,000 for each violation. (Section 4151.05(B)(1)(a))
- The employer is “not eligible to bid for or participate in any state contract for a period of two years.” (Section 4151.05(B)(1)(b))
- License Revocation: If a court determines that an employer has “knowingly employed an unauthorized alien,” the court shall order the “permanent revocation of 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 no specific license exists for that location but a general business license is held, all licenses at the primary place of business are revoked. (Section 4151.06(A))
- Determination of Unauthorized Alien Status: The court’s determination of unauthorized alien status is based “only on 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).” This federal determination creates a rebuttable presumption. (Section 4151.06(B))
- E-verify Enforcement Fund: Fines collected under the chapter will be deposited into a dedicated fund for the Attorney General’s administration and enforcement of the chapter. (Section 4151.05(D))
- State Contract Compliance Review: The Attorney General is required to “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.” (Section 4151.07(A))
- Fines for Non-Compliant Public Contracts: State agencies or political subdivisions failing to include these compliance provisions in relevant contracts will be fined five thousand dollars for each failure. (Section 4151.07(B))
- Exclusion for Technical Errors: The Attorney General is prohibited from issuing an order or bringing a civil action if a violation was the result of an “isolated technical error or a malfunction in the e-verify program.” (Section 4151.04(G))
Definitions: The bill provides specific definitions for terms like “Alien,” “Employee,” “E-verify,” “Labor broker,” “Nonresidential construction contractor,” “Nonresidential construction project,” “Subcontractor,” and “Unauthorized alien” within Section 4151.01. These definitions are crucial for understanding the scope and application of the bill.
Overall Assessment:
Ohio Senate Bill 183 aims to significantly strengthen the enforcement of immigration laws within the nonresidential construction sector in Ohio by mandating the use of E-verify and establishing a robust system of penalties for non-compliance, including substantial fines, disqualification from state contracts, and license revocation. The bill also places responsibility on state and local government entities to ensure compliance provisions are included in their construction contracts. The phased approach to penalties and the explicit exemption for isolated technical errors in E-verify suggest an intent to provide clear guidelines and consequences while acknowledging potential system issues.