Affiliated Construction Trades (ACT) Ohio supported the legislation, which saw all 92 state representatives in attendance vote in favor of the bill.
Under the legislation, all contractors, subcontractors and labor brokers working on public works projects for state agencies and political subdivisions must use the federal E-Verify program to confirm employee eligibility. This requirement also applies to private-sector contractors in nonresidential construction.
The bill empowers the Attorney Generals office to investigate suspected violations, issue notices of violation and pursue enforcement through the courts if necessary.
Penalties include fines, disqualification from state contracts for up to two years and license suspension or revocation, especially when unauthorized workers are knowingly employed.
The legislation was introduced by Rep. D.J. Swearingen (R-Huron) and Rep. Tex Fischer (R-Boardman). It had 56 co-sponsors, more than half of the 99 total members in the House.
“This is a great first step in safeguarding Ohio jobs and ensuring our resources stay in our local communities,” said Swearingen. “Our goal is to employ a legal workforce in Ohio and give employers the tools necessary to provide skilled Ohioans with the jobs they deserve.”
“The people of Ohio gave us a mandate: to control illegal immigration and protect Ohio workers. This bill accomplishes both,” said Fischer. “I’m looking forward to seeing Ohio join the other states across the nation that have implemented this common-sense policy that will protect Ohioans from illegal workers undercutting their wages.”
“This is a commonsense way to protect our most crucial jobs and to encourage these industries to reward hardworking people of Ohio,” added Rep. Brian Stewart (R-Ashville).
During his May 14 testimony to the House Commerce and Labor Committee, ACT Ohio Executive Director Matt Szollosi noted that states that have implemented mandatory E-Verify for all employers have seen the presence of undocumented migrants illegally seeking jobs without authorization to work reduced by up to 83 percent.
He explained that E-Verify utilizes the same form employers are already required by federal law to fill out when hiring a new employee, the federal I-9 form.
Under the Immigration Reform and Control Act of 1986, employers are required to fill out and maintain the I-9 form for three years, but they do not have to submit it anywhere.
However, under E-Verify, employers are required to fill out and submit the I-9 form for an instantaneous response from the federal government on an employee’s employment eligibility status.
“This is not a check on citizenship or immigration status, but merely a confirmation of the employee’s eligibility to work in the United States,” Szollosi stated.
Each year, the building trades and their partner contractors invest more than $65 million in private funds on apprenticeship training. Taxpayer money does not fund union construction training programs.
“When labor brokers smuggle workers into the United States, pay sub-standard wages, offer no benefits and kick them to the curb if they get hurt on the job site, it hurts Ohio,” Szollosi said. “This abusive cycle puts Ohio-based contractors at a competitive disadvantage, compromises our ability to place apprentices on jobsites, displaces Ohio construction workers (union and non-union) and undercuts Ohio’s state and local tax base.”
House Bill 246 was sent to the Ohio Senate on June 12 and placed into the Workforce Development Committee.