Bill Text: OH SB215 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To require public improvement or service contracts between a state agency and a contractor to contain a provision requiring the contractor to use an electronic employment verification system.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-09-06 - To Insurance, Commerce, & Labor [SB215 Detail]
Download: Ohio-2011-SB215-Introduced.html
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Senator Burke
Cosponsor:
Senator Jordan
| To enact sections 9.51 to 9.53 of the Revised Code to | 1 |
| require public improvement or service contracts | 2 |
| between a state agency and a contractor to contain | 3 |
| a provision requiring the contractor to use an | 4 |
| electronic employment verification system. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 9.51, 9.52, and 9.53 be enacted to | 6 |
| read as follows: | 7 |
| Sec. 9.51. As used in this section and sections 9.52 and | 8 |
| 9.53 of the Revised Code: | 9 |
| (A) "Bidder" means a person or entity who submits a bid to a | 10 |
| state agency to perform work under a public improvement or service | 11 |
| contract. | 12 |
| (B) "Contractor" means any person or entity who directs, | 13 |
| supervises, or has responsibility for the means, method, and | 14 |
| manner of implementing a public improvement or service contract, | 15 |
| and any subcontractor who performs specialized work on the | 16 |
| contractor's behalf regardless of the subcontractor's tier. | 17 |
| (C) "Electronic employment verification system" means any | 18 |
| electronic system the federal government operates to assist an | 19 |
| employer in verifying the identity and legal working status of new | 20 |
| or current employees. | 21 |
| (D) "Public improvement contract" means any contract that is | 22 |
| financed in any manner by a state agency, and that is awarded by a | 23 |
| state agency for the construction, alteration, or repair of any | 24 |
| public building, public highway, or other public improvement. | 25 |
| (E) "Service contract" means a contract that is financed in | 26 |
| any manner by a state agency, and that is awarded by a state | 27 |
| agency for labor, time, or effort, by a person or persons, not | 28 |
| involving the delivery of a specific end product other than a | 29 |
| report. | 30 |
| (F) "State agency" means any organized body, office, agency, | 31 |
| institution, or other entity established by the laws of the state | 32 |
| for the exercise of any function of state government. | 33 |
| Sec. 9.52. (A) The director of commerce shall select from the | 34 |
| available electronic employment verification systems a system to | 35 |
| be used by contractors entering into a public improvement or | 36 |
| service contract with a state agency. | 37 |
| (B) Each state agency desiring to enter into a public | 38 |
| improvement or service contract shall include both of the | 39 |
| following non-negotiable terms in the contract: | 40 |
| (1) A provision requiring the contractor who is awarded the | 41 |
| contract to use the electronic employment verification system | 42 |
| selected by the director pursuant to division (A) of this section | 43 |
| with respect to both of the following types of employees of the | 44 |
| contractor: | 45 |
| (a) All individuals hired during the contract term by the | 46 |
| contractor to perform duties within this state; | 47 |
| (b) All individuals assigned by the contractor to perform | 48 |
| work within this state on the public improvement or service | 49 |
| contract. | 50 |
| (2) A provision that the state agency shall cancel the | 51 |
| contract if, after awarding the contract, the contractor does not | 52 |
| use the electronic employment verification system as this section | 53 |
| requires. | 54 |
| (C) Notwithstanding any provision of the Revised Code to the | 55 |
| contrary, no state agency shall award a public improvement or | 56 |
| service contract to a bidder unless the contract contains terms | 57 |
| consistent with division (B) of this section. Any contract entered | 58 |
| into in violation of this section is void. | 59 |
| (D) No provision in this section shall be construed to | 60 |
| supersede any other requirements that apply to the contract | 61 |
| selection process by a state agency. | 62 |
| Sec. 9.53. (A) The office of internal auditing shall conduct | 63 |
| periodic audits of state agencies to ensure that state agencies | 64 |
| are including within their public improvement and service | 65 |
| contracts a provision requiring use of an electronic employment | 66 |
| verification system. Audits shall be conducted in the manner as | 67 |
| prescribed in sections 126.45 to 126.48 of the Revised Code. | 68 |
| (B) Each state agency found in violation of division (B) or | 69 |
| (C) of section 9.52 of the Revised Code shall be fined one | 70 |
| thousand dollars per violation. | 71 |
| (C) All money collected pursuant to division (B) of this | 72 |
| section shall be paid into the state treasury to the credit of the | 73 |
| employment compliance fund, which is hereby created. The office of | 74 |
| internal auditing within the office of budget and management shall | 75 |
| use the money in the fund for paying the expenses associated with | 76 |
| the performance of audits pursuant to division (A) of this | 77 |
| section. | 78 |
| Section 2. The provisions of this act shall apply to | 79 |
| contracts entered into or renewed beginning one hundred fifty days | 80 |
| after the effective date of this act. | 81 |
| Section 3. Within ninety days after the effective date of | 82 |
| this act, the director of commerce shall select the electronic | 83 |
| employment verification system as required in division (A) of | 84 |
| section 9.52 of the Revised Code. During the selection process, | 85 |
| the Director shall collaborate with the business community to | 86 |
| determine which currently available verification system is the | 87 |
| most efficient, accurate, and user-friendly. | 88 |
