Ohio 136th General Assembly Status: Enacted 2 R cosponsors

HB 246 — Require certain construction industry employers to use E-verify

Last action — Effective 3/20/26

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 20, 2026. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 58% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Mixed recorded votes

    6 passed, 2 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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.

Bill Text

What changed in the latest version

268 added · 404 removed

Plain-language change summary

The recent amendment to HB 246 introduced several specific sections of the law that establish the E-Verify Workforce Integrity Act in Ohio. This act requires certain employers in the construction industry to use the E-Verify system to confirm the eligibility of their employees to work in the U.S. This change is significant because it aims to enhance workforce integrity and prevent unauthorized hiring practices, promoting a fairer job market and potentially protecting jobs for U.S. citizens and legitimate workers.

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As Passed by the House 136th General Assembly Regular Session Sub.
(136th GeneralAssembly) (Substitute House Bill Number 246) ANACT To enact sections 4151.01, 4151.02, 4151.03, 4151.04, 4151.05, 4151.06, and 4151.07 of the Revised Code to enact the E-Verify Workforce Integrity Act requiring certain construction industry employers to use E-verify and to sanction specified hiring practices in the industry.
H.
Be it enacted by the General Assembly of the State of Ohio:
B.
SECTION 1.
No.
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:
246 2025-2026 Representatives Swearingen, Fischer Cosponsors:
Sec.
Representatives Williams, Thomas, D., Hall, T., Gross, Johnson, Plummer, Stephens, Abrams, Barhorst, Bird, Brennan, Click, Daniels, Deeter, Demetriou, Denson, Dovilla, Ghanbari, Glassburn, Hall, D., Hiner, Holmes, Hoops, John, King, Kishman, Lampton, LaRe, Lett, Lorenz, Mathews, A., Mathews, T., McClain, McNally, Miller, J., Miller, K., Miller, M., Odioso, Oelslager, Peterson, Richardson, Ritter, Robb Blasdel, Roemer, Salvo, Santucci, Schmidt, Sigrist, Stewart, Sweeney, Synenberg, Thomas, C., Troy, Upchurch, Willis, Young To enact sections 4151.01, 4151.02, 4151.03, 1 4151.04, 4151.05, 4151.06, and 4151.07 of the 2 Revised Code to enact the E-Verify Workforce 3 Integrity Act requiring certain construction 4 industry employers to use E-verify and to 5 sanction specified hiring practices in the 6 industry.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 4151.01, 4151.02, 4151.03, 8 4151.04, 4151.05, 4151.06, and 4151.07 of the Revised Code be 9 enacted to read as follows:
10 Sec.
11 (A) "Alien" means an individual who is not a United States 12 citizen or a United States national.
(A) "Alien" means an individual who is not a United States citizen or a United States national.
13 (B) "Business day" means a day of the week excluding 14 Saturday, Sunday, and a legal holiday as defined under section 15 Sub.
(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.
H.
(C) "Employee" means any individual who performs services for a contractor, subcontractor, or labor broker who satisfies both of the following conditions:
B.
(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;
No.
(2) The individual receives compensation in the form of wages, salary, or any other form of remuneration in exchange for services rendered.
246 Page 2 As Passed by the House 1.14 of the Revised Code.
(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.
16 (C) "Employee" means any individual who performs services 17 for a contractor, subcontractor, or labor broker who satisfies 18 both of the following conditions:
19 (1) The individual is subject to the contractor's, 20 subcontractor's, or labor broker's direction and control, not 21 only as to the result accomplished but also as to the details of 22 how the work is performed;
23 (2) The individual receives compensation in the form of 24 wages, salary, or any other form of remuneration in exchange for 25 services rendered.
26 (D) "E-verify" means the employment verification program 27 as jointly administered by the United States department of 28 homeland security and the social security administration under 29 section 101(a)(1) of the federal "Immigration Reform and Control 30 Act of 1986," 8 U.S.C.
31 (E)(1) "Labor broker" means any individual or entity who 32 hires an employee and supplies the employee's labor to a 33 nonresidential construction contractor or a subcontractor, 34 regardless of tier, through the use of a contract.
(E)(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.
35 (2) "Labor broker" does not include any governmental 36 entity or labor organization as defined in section 3517.01 of 37 the Revised Code.
(2) "Labor broker" does not include any governmental entity or labor organization as defined in section 3517.01 of the Revised Code.
38 (F) "Nonresidential construction contractor" means any 39 individual or entity that has responsibility for the means, 40 method, and manner of construction, improvement, renovation, or 41 repair on a nonresidential construction project with respect to 42 one or more trades and who offers, identifies, advertises, or 43 otherwise holds out or represents that the individual or entity 44 Sub.
(F) "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 Sub.
246 Page 3 As Passed by the House is permitted or qualified to perform or have responsibility for 45 the means, method, and manner of construction, improvement, 46 renovation, repair, or maintenance with respect to one or more 47 trades on a nonresidential construction project.
246 136th G.A.
48 (G) "Nonresidential construction project" means the 49 construction or renovation of any building, highway, bridge, 50 utility, or related infrastructure, but does not include any of 51 the following:
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.
52 (1) An industrialized unit, manufactured home, or a 53 residential building as defined in section 3781.06 of the 54 Revised Code;
(G) "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:
55 (2) A building or structure that is incidental to the use 56 of the land on which the building or structure is located for 57 agricultural purposes as defined in section 3781.06 of the 58 Revised Code;
(1) An industrialized unit, manufactured home, or a residential building as defined in section 3781.06 of the Revised Code;
59 (3) A mobile home as defined in section 4501.01 of the 60 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;
61 (H) "Subcontractor" means any individual or entity who 62 enters into a contract with a nonresidential construction 63 contractor or another subcontractor, regardless of tier, to 64 perform work on a nonresidential construction project.
(3) A mobile home as defined in section 4501.01 of the Revised Code.
65 (I) "Unauthorized alien" means an alien who is not 66 authorized to be employed as determined in accordance with the 67 federal "Immigration Reform and Control Act of 1986," 8 U.S.C.
(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.
68 1324a.
(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.
69 Sec.
1324a.
Sec.
(A) Except as provided in division (C) of 70 this section, no nonresidential construction contractor, 71 subcontractor, or labor broker shall fail to verify the 72 employment eligibility of each employee hired to perform work on 73 Sub.
(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.
H.
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.
B.
A subcontractor shall use e-verify to confirm the identity and legal working status of each employee employed by the subcontractor.
No.
A labor broker shall use e-verify to confirm the identity and legal working status of each employee employed by the labor broker.
246 Page 4 As Passed by the House a nonresidential construction project through the e-verify 74 program.
(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.
A nonresidential construction contractor shall use e- 75 verify to confirm the identity and legal working status of each 76 employee employed by the nonresidential construction contractor.
(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:
77 A subcontractor shall use e-verify to confirm the identity and 78 legal working status of each employee employed by the 79 subcontractor.
(1) The nonresidential construction contractor, subcontractor, or labor broker has previously verified an employee's employment eligibility using e-verify.
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A labor broker shall use e-verify to confirm the 80 identity and legal working status of each employee employed by 81 the labor broker.
(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.
82 (B) A nonresidential construction contractor, 83 subcontractor, or labor broker shall keep a record of the 84 verification required by division (A) of this section for three 85 years after the date of hire or one year after the date the 86 employee's employment is terminated, whichever is later.
1324a(b).
87 (C) A nonresidential construction contractor, 88 subcontractor, or labor broker is not required to comply with 89 division (A) of this section if both of the following apply:
Sec.
90 (1) The nonresidential construction contractor, 91 subcontractor, or labor broker has previously verified an 92 employee's employment eligibility using e-verify.
93 (2) The employer is not required to verify or reverify the 94 employee's eligibility to work under section 101(a)(1) of the 95 federal "Immigration Reform and Control Act of 1986," 8 U.S.C.
96 1324a(b).
97 Sec.
No nonresidential construction contractor, 98 subcontractor, or labor broker shall continue to employ an 99 individual after receiving a notice of final nonconfirmation for 100 that individual from the e-verify program.
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 101 section, a final nonconfirmation occurs when the contractor, 102 Sub.
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 Sub.
246 Page 5 As Passed by the House subcontractor, or labor broker receives a case result indicating 103 that an employee's employment eligibility could not be confirmed 104 and instructions that the contractor, subcontractor, or labor 105 broker should close the e-verify case associated with the 106 employee.
246 136th G.A.
107 Sec.
labor broker should close the e-verify case associated with the employee.
Sec.
(A)(1) The attorney general shall prescribe 108 a complaint form for an individual to allege a violation of 109 section 4151.02 or 4151.03 of the Revised Code.
(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 110 general shall not require the complainant to list the 111 complainant's social security number on the complaint form or to 112 have the form notarized.
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 113 complaint to the attorney general.
A complainant shall submit the complaint to the attorney general.
Except as provided in 114 division (B) of this section, the attorney general shall 115 investigate any violation alleged in a prescribed complaint form 116 when the attorney general determines the complaint contains 117 sufficient facts to reasonably conclude that a violation may 118 have occurred.
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.
119 (2) This section does not prohibit an individual from 120 filing an anonymous complaint on a form other than the 121 prescribed complaint form.
(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 122 this section, the attorney general may, but is not required to, 123 investigate a violation alleged in a form other than a 124 prescribed form, provided the complaint contains sufficient 125 facts to reasonably conclude that a violation may have occurred.
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.
126 (B) The attorney general shall not investigate a complaint 127 that is based solely on race, color, or national origin.
(B) The attorney general shall not investigate a complaint that is based solely on race, color, or national origin.
128 (C) Any local law enforcement officer may assist in 129 investigating a complaint filed under this section.
(C) Any local law enforcement officer may assist in investigating a complaint filed under this section.
130 (D) Except as provided in division (I) of this section, if 131 Sub.
(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 a notice of violation that does all of the following:
H.
(1) Directs the contractor, subcontractor, or labor broker 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 are authorized to be employed under the federal "Immigration Reform and Control Act of 1986," 8 U.S.C.
B.
No.
246 Page 6 As Passed by the House the attorney general conducts an investigation under this 132 section and determines that reasonable evidence exists that a 133 violation of section 4151.02 or 4151.03 of the Revised Code has 134 occurred, the attorney general shallissue a notice of violation 135 that does all of the following:
136 (1) Directs the contractor, subcontractor, or labor broker 137 to provide satisfactory proof to the attorney general not later 138 than ten days after the notice is issued that individuals 139 employed by the contractor, subcontractor, or labor broker are 140 authorized to be employed under the federal "Immigration Reform 141 and Control Act of 1986," 8 U.S.C.
142 (2) Specifies any penalty assessed under division (E) of 143 this section based on the attorney general's determination;
(2) Specifies any penalty assessed under division (E) of this section based on the attorney general's determination;
144 (3) If the attorney general determined it is likely the 145 contractor, subcontractor, or labor broker committed two or more 146 willful violations of section 4151.02 or 4151.03 of the Revised 147 Code, informs the contractor, subcontractor, or labor broker 148 that the contractor, subcontractor, or labor broker is 149 disqualified from bidding on or participating in any future 150 state contract for a period not to exceed two years;
(3) If the attorney general determined it is likely the contractor, subcontractor, or labor broker committed two or more willful violations of section 4151.02 or 4151.03 of the Revised Code, informs the contractor, subcontractor, or labor broker that the contractor, subcontractor, or labor broker is disqualified from bidding on or participating in any future state contract for a period not to exceed two years;
151 (4) Notifies the contractor, subcontractor, or labor 152 broker of the contractor's, subcontractor's, or labor broker's 153 right to request a hearing described in division (F) of this 154 section.
(4) Notifies the contractor, subcontractor, or labor broker of the contractor's, subcontractor's, or labor broker's right to request a hearing described in division (F) of this section.
155 (E)(1) Except as otherwise provided in this division, if 156 the attorney general's investigation reveals one or more 157 violations of section 4151.02 of the Revised Code, the attorney 158 general shall assess a fine of two hundred fifty dollars for 159 each violation against the contractor, subcontractor, or labor 160 Sub.
(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.
Except as otherwise provided in this division, if the attorney general's investigation Sub.
246 Page 7 As Passed by the House broker.
246 136th G.A.
Except as otherwise provided in this division, if the 161 attorney general's investigation reveals one or more violations 162 of section 4151.03 of the Revised Code, the attorney general 163 shall assess a fine of five thousand dollars for each violation 164 against the contractor, subcontractor, or labor broker.
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.
165 (2) Except as otherwise provided in this division, if the 166 attorney general's investigation reveals one or more violations 167 of 4151.02 of the Revised Code and the contractor, 168 subcontractor, or labor broker has been ordered by the attorney 169 general or a court to pay a fine under division (E)(1) of this 170 section during the preceding three years, the attorney general 171 shall assess a fine of one thousand dollars for each violation 172 against the contractor, subcontractor, or labor broker.
(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 assess a fine of one thousand dollars for each violation against the contractor, subcontractor, or labor broker.
Except 173 as provided in this division, if the attorney general's 174 investigation reveals one or more violations of section 4151.03 175 of the Revised Code and the contractor, subcontractor, or labor 176 broker has been ordered by the attorney general or a court to 177 pay a fine under division (E)(1) of this section during the 178 preceding three years, the attorney general shall assess a fine 179 of ten thousand dollars per violation against the contractor, 180 subcontractor, or labor broker.
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 assess a fine of ten thousand dollars per violation against the contractor, subcontractor, or labor broker.
181 (3) If the attorney general's investigation reveals one or 182 more violations of section 4151.02 of the Revised Code and the 183 contractor, subcontractor, or labor broker has been ordered by 184 the attorney general or a court to pay a fine under division (E) 185 (2) of this section during the preceding three years, the 186 attorney general shall assess a fine of one thousand five 187 hundred dollars per violation against the contractor, 188 subcontractor, or labor broker.
(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 assess a fine of one thousand five hundred dollars per violation against the contractor, subcontractor, or labor broker.
If the attorney general's 189 investigation reveals one or more violations of section 4151.03 190 of the Revised Code and the contractor, subcontractor, or labor 191 Sub.
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 assess a fine of twenty- five thousand dollars for each violation against the contractor, subcontractor, or labor broker.
H.
(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 may request an adjudicatory hearing not more than ten business days after being served a notice of violation under division (D) of this section.
B.
A contractor, subcontractor, or labor broker shall send the request to the attorney general, who shall forward the request to the director of commerce.
No.
The director, or the director's designee, shall conduct a hearing under this division.
246 Page 8 As Passed by the House broker has been ordered by the attorney general or a court to 192 pay a fine under division (E)(2) of this section during the 193 preceding three years, the attorney general shall assess a fine 194 of twenty-five thousand dollars for each violation against the 195 contractor, subcontractor, or labor broker.
Except as provided in this division, the director or designee shall comply with Chapter 119.
196 (F) Notwithstanding the thirty-day period to request a 197 hearing described in section 119.07 of the Revised Code, a 198 contractor, subcontractor, or labor broker may request an 199 adjudicatory hearing not more than ten business days after being 200 served a notice of violation under division (D) of this section.
201 A contractor, subcontractor, or labor broker shall send the 202 request to the attorney general, who shall forward the request 203 to the director of commerce.
The director, or the director's 204 designee, shall conduct a hearing under this division.
Except as 205 provided in this division, the director or designee shall comply 206 with Chapter 119.
A determination made by 207 the director or the director's designee is a final order that 208 may be appealed under section 119.12 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.
209 If a contractor, subcontractor, or labor broker fails to 210 request a hearing within the time specified in this division, a 211 notice of violation issued under division (D) of this section 212 becomes an enforceable order against the contractor, 213 subcontractor, or labor broker.
If a contractor, subcontractor, or labor broker 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.
214 (G)(1) If a notice of violation that includes a 215 disqualification described in division (D)(3) of this section 216 becomes an enforceable order under division (F) of this section, 217 the attorney general shall provide a copy of the order to the 218 director of administrative services.
(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 219 contractor, subcontractor, or labor broker to the list 220 maintained by the director under division (C)(1) of section 221 Sub.
The director shall add the contractor, subcontractor, or labor broker to the list maintained by the director under division (C)(1) Sub.
246 Page 9 As Passed by the House 4151.05 of the Revised Code.
246 136th G.A.
222 Except as provided in division (G)(2) of this section, 223 after the period of disqualification in the order ends, the 224 contractor, subcontractor, or labor broker may be eligible to 225 bid for and participate in state contracts if the contractor, 226 subcontractor, or labor broker files a sworn affidavit with the 227 director of administrative services stating that the period of 228 disqualification has ended and that the contractor, 229 subcontractor, or labor broker has not violated section 4151.02 230 or 4151.03 of the Revised Code during the period of 231 disqualification.
of section 4151.05 of the Revised Code.
232 (2) The director shall not remove a contractor, 233 subcontractor, or labor broker from the list maintained under 234 division (C)(1) of section 4151.05 of the Revised Code if the 235 contractor, subcontractor, or labor broker has not paid a fine 236 assessed under this section.
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 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 of administrative services stating that the period of disqualification has ended and that the contractor, subcontractor, or labor broker has not violated section 4151.02 or 4151.03 of the Revised Code during the period of disqualification.
237 (H) If a contractor, subcontractor, or labor broker fails 238 to comply with an order that has become enforceable under 239 division (F) of this section within thirty days after the order 240 is enforceable, the attorney general shall bring a civil action 241 against the contractor, subcontractor, or labor broker in 242 accordance with section 4151.05 of the Revised Code.
(2) The director shall not remove a contractor, subcontractor, or labor broker from the list maintained under division (C)(1) of section 4151.05 of the Revised Code if the contractor, subcontractor, or labor broker has not paid a fine assessed under this section.
In the 243 action, the attorney general also may present evidence that the 244 contractor, subcontractor, or labor broker violated section 245 4151.06 of the Revised Code.
(H) If a contractor, subcontractor, or labor broker 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 in accordance with section 4151.05 of the Revised Code.
246 (I) The attorney general shall not issue a notice of 247 violation under this section or bring a civil action under 248 section 4151.06 of the Revised Code if a violation of section 249 4151.02 or 4151.03 of the Revised Code was the result of an 250 isolated technical error or a malfunction in the e-verify 251 Sub.
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.
(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 fails to comply with an order that has become enforceable against the contractor, subcontractor, or labor broker 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 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 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 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 the period of disqualification has elapsed and that the Sub.
246 Page 10 As Passed by the House program.
246 136th G.A.
252 Sec.
contractor, subcontractor, or labor broker has not violated section 4151.02 or 4151.03 of the Revised Code during that period.
4151.05.
(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.
(A) If a contractor, subcontractor, or labor 253 broker fails to comply with an order that has become enforceable 254 against the contractor, subcontractor, or labor broker under 255 division (F) of section 4151.04 of the Revised Code, the 256 attorney general shall bring a civil action against the 257 contractor, subcontractor, or labor broker in the court of 258 common pleas of the county where the contractor, subcontractor, 259 or labor broker is located or does business or in the court of 260 common pleas of the county where the violation is alleged to 261 have occurred.
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.
262 (B)(1) If the court determines that a contractor, 263 subcontractor, or labor broker violated section 4151.02 or 264 4151.03 of the Revised Code, the court shall do both of the 265 following:
The director also shall maintain a record of all affidavits filed with the director under division (B)(3) of this section.
266 (a) Order the contractor, subcontractor, or labor broker 267 to pay any portion of the penalty imposed by the attorney 268 general that the court determines to have been validly imposed 269 based on the evidence presented plus an additional one thousand 270 dollars for each violation;
(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.
271 (b) Order that the contractor, subcontractor, or labor 272 broker is not eligible to bid for or participate in any future 273 state contract for a period of up to two years.
(D) The e-verify enforcement fund is created in the state treasury.
274 (2) The court shall provide a copy of an order issued 275 under division (B)(1) of this section to the director of 276 administrative services.
Fines collected pursuant to this chapter shall be deposited to the credit of the fund.
277 (3) After the period of disqualification described in 278 division (B)(1)(b) of this section has elapsed, a contractor, 279 subcontractor, or labor broker that has been ordered ineligible 280 Sub.
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) No state agency shall fail to include in a contract for the construction or renovation of a nonresidential construction project provisions requiring compliance with sections 4151.02 and 4151.03 of the Revised Code.
Sub.
246 Page 11 As Passed by the House may be eligible to bid for and participate in state contracts if 281 the contractor, subcontractor, or labor broker files a sworn 282 affidavit with the director that the period of disqualification 283 has elapsed and that the contractor, subcontractor, or labor 284 broker has not violated section 4151.02 or 4151.03 of the 285 Revised Code during that period.
246 136th G.A.
286 (C)(1) The director shall maintain a list of all 287 contractors, subcontractors, and labor brokers ineligible to bid 288 for or participate in any state contract for a period of two 289 years under division (B)(1)(b) of this section.
(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 provisions that comply with division (A) of this section.
Except as 290 provided in division (C)(2) of this section, the director shall 291 remove a contractor, subcontractor, or labor broker from the 292 list when the two-year period ends.
(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.
The director also shall 293 maintain a record of all affidavits filed with the director 294 under division (B)(3) 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.
295 (2) The director shall not remove a contractor, 296 subcontractor, or labor broker from the list maintained under 297 division (C)(1) of this section if the contractor, 298 subcontractor, or labor broker has not paid a fine ordered under 299 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 to the director of administrative services.
300 (D) The e-verify enforcement fund is created in the state 301 treasury.
The director shall promptly review the proposed contract and determine whether the state agency complied with division (A) of this section.
Fines collected pursuant to this chapter shall be 302 deposited to the credit of the fund.
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.
The attorney general shall 303 use the fund to administer and enforce this chapter.
SECTION 2.
304 Sec.
This act shall be known as the E-Verify Workforce IntegrityAct.
4151.06.
Sub.
(A) If a court, pursuant to an action 305 brought under section 4151.05 of the Revised Code, determines 306 that a nonresidential construction contractor, subcontractor, or 307 labor broker has knowingly employed an unauthorized alien, the 308 court shall order each appropriate agency to permanently revoke 309 any license issued by the agency and held by the nonresidential 310 Sub.
246 Page 12 As Passed by the House construction contractor, subcontractor, or labor broker specific 311 to the business location where the unauthorized alien performed 312 work.
246 136th G.A.
If the nonresidential construction contractor, 313 subcontractor, or labor broker does not hold a license specific 314 to the business location where the unauthorized alien performed 315 work, but a license is necessary to operate the nonresidential 316 construction contractor's, subcontractor's, or labor broker's 317 business in general, the court shall order the appropriate 318 agency to permanently revoke all licenses issued by that agency 319 that are held by the nonresidential construction contractor, 320 subcontractor, or labor broker at the nonresidential 321 construction contractor's, subcontractor's, or labor broker's 322 primary place of business.
Speaker ___________________ of the House of Representatives.
On receipt of the order and 323 notwithstanding any other law to the contrary, the appropriate 324 agency immediately shall revoke the licenses.
President ___________________ of the Senate.
325 (B) For purposes of determining whether an employee is an 326 unauthorized alien, a court shall consider only a determination 327 with respect to that alien's immigration status made by the 328 federal government pursuant to the federal "Omnibus Consolidated 329 Appropriations Act, 1997," 8 U.S.C.
Passed ________________________, 20____ Approved ________________________, 20____ Governor.
1373(c).
Sub.
The federal 330 government's determination creates a rebuttable presumption of 331 the alien's lawful status.
The court may take judicial notice of 332 the federal government's determination and may request the 333 federal government to provide automated or testimonial 334 verification pursuant to the federal "Omnibus Consolidated 335 Appropriations Act, 1997," 8 U.S.C.
1373(c).
336 Sec.
4151.07.
(A) No state agency shall fail to include in 337 a contract for the construction or renovation of a 338 nonresidential construction project provisions requiring 339 compliance with sections 4151.02 and 4151.03 of the Revised 340 Code.
341 Sub.
246 Page 13 As Passed by the House (B) The attorney general shall conduct periodic reviews of 342 state agencies to ensure that state agencies are including 343 within their contracts for the construction or renovation of 344 nonresidential construction projects provisions that comply with 345 division (A) of this section.
246 136th G.A.
346 (C) The attorney general shall notify a state agency and 347 the director of administrative services of any contract for the 348 construction or renovation of a nonresidential construction 349 project the attorney general determines violates division (A) of 350 this section.
The section numbering of law of a general and permanent nature is complete and in conformity with the Revised Code.
In the notice, the attorney general shall inform 351 the state agency and the director of the state agency's duty 352 under division (A) of this section.
Director, Legislative Service Commission.
353 (D) Each state agency found in violation of division (A) 354 of this section shall, for one year after the attorney general 355 provides the notice required under division (C) of this section, 356 submit any contract for the construction or renovation of a 357 nonresidential construction project to the director of 358 administrative services.
Filed in the office of the Secretary of State at Columbus, Ohio, on the ____ day of ___________,A.
The director shall promptly review the 359 proposed contract and determine whether the state agency 360 complied with division (A) of this section.
D.
The director shall 361 notify the agency of the director's determination and, in the 362 event the proposed contract does not contain the required 363 provisions, instruct the state agency to include the provisions 364 in a revised draft of the proposed contract.
20____.
365 Section 2.
Secretary of State.
This act shall be known as the E-Verify 366 Workforce Integrity Act.
File No.
367
_________ Effective Date ___________________
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Action History

  1. As Enrolled

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 132 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (132)

132 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 33 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 24000
Democratic 9000
Total 33000
% of votes cast 100%0%0%0%
How each member voted (33)
Member Party Vote
Beth Liston Democratic Yea
Casey Weinstein Democratic Yea
Catherine D. Ingram Democratic Yea
Hearcel F. Craig Democratic Yea
Kent Smith Democratic Yea
Nickie J. Antonio Democratic Yea
Paula Hicks-Hudson Democratic Yea
William P. DeMora Democratic Yea
Willis E. Blackshear, Jr. Democratic Yea
Al Cutrona Republican Yea
Al Landis Republican Yea
Andrew O. Brenner Republican Yea
Bill Reineke Republican Yea
Brian M. Chavez Republican Yea
George F. Lang Republican Yea
Jane M. Timken Republican Yea
Jerry C. Cirino Republican Yea
Kristina D. Roegner Republican Yea
Kyle Koehler Republican Yea
Louis W. Blessing, III Republican Yea
Mark Romanchuk Republican Yea
Michele Reynolds Republican Yea
Nathan H. Manning Republican Yea
Rob McColley Republican Yea
Sandra O'Brien Republican Yea
Shane Wilkin Republican Yea
Stephen A. Huffman Republican Yea
Steve Wilson Republican Yea
Susan Manchester Republican Yea
Terry Johnson Republican Yea
Theresa Gavarone Republican Yea
Thomas F. Patton Republican Yea
Tim Schaffer Republican Yea

Official roll call →

Passed

Passed 92 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 29000
Republican 62000
Unaffiliated 1000
Total 92000
% of votes cast 100%0%0%0%
How each member voted (92)
Member Party Vote
Sedrick Denson — Yea
Beryl Brown Piccolantonio Democratic Yea
Bride Rose Sweeney Democratic Yea
C. Allison Russo Democratic Yea
Cecil Thomas Democratic Yea
Chris Glassburn Democratic Yea
Christine Cockley Democratic Yea
Crystal Lett Democratic Yea
Dani Isaacsohn Democratic Yea
Daniel P. Troy Democratic Yea
Darnell T. Brewer Democratic Yea
Derrick Hall Democratic Yea
Dontavius L. Jarrells Democratic Yea
Elgin Rogers, Jr. Democratic Yea
Eric Synenberg Democratic Yea
Erika White Democratic Yea
Ismail Mohamed Democratic Yea
Joseph A. Miller, III Democratic Yea
Karen Brownlee Democratic Yea
Latyna M. Humphrey Democratic Yea
Lauren McNally Democratic Yea
Mark Sigrist Democratic Yea
Meredith R. Lawson-Rowe Democratic Yea
Michele Grim Democratic Yea
Munira Abdullahi Democratic Yea
Phillip M. Robinson, Jr. Democratic Yea
Sean P. Brennan Democratic Yea
Terrence Upchurch Democratic Yea
Tristan Rader Democratic Yea
Veronica R. Sims Democratic Yea
Adam C. Bird Republican Yea
Adam Holmes Republican Yea
Adam Mathews Republican Yea
Andrea White Republican Yea
Angela N. King Republican Yea
Bernard Willis Republican Yea
Beth Lear Republican Yea
Bill Roemer Republican Yea
Bob Peterson Republican Yea
Brian Lampton Republican Yea
Brian Lorenz Republican Yea
Brian Stewart Republican Yea
Cindy Abrams Republican Yea
D. J. Swearingen Republican Yea
David Thomas Republican Yea
Gary Click Republican Yea
Gayle Manning Republican Yea
Haraz N. Ghanbari Republican Yea
Heidi Workman Republican Yea
Jack K. Daniels Republican Yea
James M. Hoops Republican Yea
Jamie Callender Republican Yea
Jason Stephens Republican Yea
Jean Schmidt Republican Yea
Jeff LaRe Republican Yea
Jennifer Gross Republican Yea
Jim Thomas Republican Yea
Jodi Salvo Republican Yea
Josh Williams Republican Yea
Justin Pizzulli Republican Yea
Kellie Deeter Republican Yea
Kevin D. Miller Republican Yea
Kevin Ritter Republican Yea
Levi Dean Republican Yea
Marilyn John Republican Yea
Mark Hiner Republican Yea
Mark Johnson Republican Yea
Matt Huffman Republican Yea
Matthew Kishman Republican Yea
Melanie Miller Republican Yea
Meredith Craig Republican Yea
Michael D. Dovilla Republican Yea
Michelle Teska Republican Yea
Mike Odioso Republican Yea
Monica Robb Blasdel Republican Yea
Nick Santucci Republican Yea
Phil Plummer Republican Yea
Riordan T. McClain Republican Yea
Rodney Creech Republican Yea
Ron Ferguson Republican Yea
Roy Klopfenstein Republican Yea
Sarah Fowler Arthur Republican Yea
Scott Oelslager Republican Yea
Sharon A. Ray Republican Yea
Steve Demetriou Republican Yea
Tex Fischer Republican Yea
Thaddeus J. Claggett Republican Yea
Thomas Hall Republican Yea
Tim Barhorst Republican Yea
Tom Young Republican Yea
Tracy M. Richardson Republican Yea
Ty D. Mathews Republican Yea

Official roll call →

Subjects

immigration labor
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Frequently asked questions

What does HB 246 do?
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.
Who sponsors HB 246?
HB 246 is sponsored by D. J. Swearingen (Republican) and Tex Fischer (Republican).
What is the current status of HB 246?
This bill has been enacted into law. Introduced March 20, 2026. Enacted.
Where can I track HB 246?
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