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To: Finance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Harkins, Johnson
SENATE BILL NO. 2202
AN ACT TO PROVIDE THAT, TO BE ELIGIBLE FOR AN ECONOMIC 1
DEVELOPMENT INCENTIVE, AN EMPLOYER MUST NOT GRANT RECOGNITION 2
RIGHTS FOR EMPLOYEES SOLELY AND EXCLUSIVELY ON THE BASIS OF SIGNED 3
UNION AUTHORIZATION CARDS IF THE SELECTION OF A BARGAINING 4
REPRESENTATIVE MAY INSTEAD BE CONDUCTED THROUGH A SECRET BALLOT 5
ELECTION CONDUCTED BY THE NATIONAL LABOR RELATIONS BOARD, MUST NOT 6
VOLUNTARILY DISCLOSE AN EMPLOYEE'S PERSONAL CONTACT INFORMATION TO 7
A LABOR ORGANIZATION, OR TO A THIRD PARTY ACTING ON BEHALF OF A 8
LABOR ORGANIZATION, WITHOUT THE EMPLOYEE'S PRIOR WRITTEN CONSENT, 9
UNLESS OTHERWISE REQUIRED BY STATE OR FEDERAL LAW, MUST NOT SIGN A 10
NEUTRALITY AGREEMENT WITH A LABOR ORGANIZATION, AND MUST NOT 11
REQUIRE A SUBCONTRACTOR PERFORMING WORK FOR OR PROVIDING SERVICES 12
TO THE EMPLOYER TO ENGAGE IN THESE PROHIBITED ACTIVITIES; TO 13
PROVIDE FOR REPORTING OF VIOLATIONS TO THE MISSISSIPPI ATTORNEY 14
GENERAL; TO SPECIFY THAT THE REQUIREMENTS OF THIS ACT APPLY ONLY 15
TO AGREEMENTS EXECUTED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; 16
TO REQUIRE THE STATE TO EXECUTE A SEPARATE AGREEMENT WITH THE 17
RECIPIENT OF AN ECONOMIC DEVELOPMENT INCENTIVE RESERVING THE RIGHT 18
OF THE STATE TO RECOVER THE MONIES DISBURSED BY THE STATE IF THE 19
RECIPIENT BENEFITTING FROM SUCH INCENTIVE FAILS TO COMPLY WITH 20
THIS ACT; TO SPECIFY THE REQUIRED TERM FOR SUCH AN AGREEMENT; AND 21
FOR RELATED PURPOSES. 22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 23
SECTION 1. (1) The Legislature finds that the State of 24
Mississippi, as part of its economic development policy: 25
(a) Has the right to set terms and conditions in 26
connection with the awarding of economic development incentives; 27
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(b) Ought to play an integral role in the formulation 28
of economic opportunities, conditions of grants, and general 29
management of compliance with such awards for monies; 30
(c) Will oftentimes, in awarding economic development 31
incentives, oversee compliance with land use regulations, 32
including management of the subdivision of property, offer and 33
provide water and wastewater services, require fire protection 34
systems and mechanical systems for buildings and structures, 35
approve capital grants, and ensure such monies are approved by the 36
state; 37
(d) Will oftentimes, in awarding economic development 38
incentives, also require a private business to hire a certain 39
number of new full-time employees, require a specific amount of 40
company investment, and ensure workers obtain certain skills and 41
knowledge; and 42
(e) Has a vested interest in seeking to advance and 43
preserve its own interest in projects receiving economic 44
development incentives as a financer of projects contributing to 45
the state's overall economic health. 46
(2) It is the intent of the Legislature, as part of its 47
economic development policy, that: 48
(a) Whenever state funds or benefits are sought by a 49
private business, such benefits shall be conditioned on the 50
private business agreeing not to waive its employees' right to a 51
secret ballot election when recognizing a labor organization as a 52
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bargaining unit or requiring subcontractors to waive their 53
employees' right to a secret ballot election; and 54
(b) Whenever state funds or benefits are provided or 55
awarded to a private business, the private business working on a 56
project receiving state funds or benefits shall not voluntarily 57
disclose employee personal contact information to a labor 58
organization without the employee's prior consent, waive its right 59
to speak to its employees, or require subcontractors to 60
voluntarily disclose employee personal contact information to a 61
labor organization without an employee's prior consent or to waive 62
the subcontractor's right to speak to the subcontractor's 63
employees. 64
SECTION 2. (1) As used in this section: 65
(a) "Contracts" includes (i) agreements between an 66
employer and the state, and (ii) agreements between an employer 67
and a labor organization. 68
(b) "Economic development incentive" means a grant for 69
economic development purposes provided to an employer to attract 70
or retain the employer's physical presence in this state. 71
(c) "Employee" means an individual who performs 72
services for an employer for wages that are subject to withholding 73
requirements under 26 USC § 3402. 74
(d) "Employer" means a business entity that voluntarily 75
pursues economic development incentives or enters into an 76
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agreement with the state for the purpose of receiving those 77
incentives. 78
(e) "Labor organization" has the meaning provided in 29 79
USC § 152. 80
(f) "Personal contact information" means an employee's 81
home address, home or personal cell phone number, or personal 82
email address. 83
(g) "Secret ballot election" means a process conducted 84
by the National Labor Relations Board (NLRB) in which an employee 85
casts a secret ballot for or against labor organization 86
representation. 87
(h) "Subcontractor" means an individual or entity that 88
has contracted with the employer to perform work or provide 89
services. 90
(i) "Neutrality agreement" means an agreement signed 91
with a union wherein the employer agrees to conditions including, 92
but not limited to, committing not speak to employees about union 93
issues. 94
(2) (a) To be eligible for an economic development 95
incentive, an employer must not: 96
(i) Grant recognition rights for employees solely 97
and exclusively on the basis of signed union authorization cards 98
if the selection of a bargaining representative may instead be 99
conducted through a secret ballot election conducted by the 100
National Labor Relations Board (NLRB); 101
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(ii) Voluntarily disclose an employee's personal 102
contact information to a labor organization, or to a third party 103
acting on behalf of a labor organization, without the employee's 104
prior written consent, unless otherwise required by state or 105
federal law; 106
(iii) Sign a neutrality agreement with a labor 107
organization; or 108
(iv) Require a subcontractor performing work for 109
or providing services to the employer to engage in activities 110
prohibited in this subsection (2)(a). 111
(b) The prohibitions in paragraph (a) of this 112
subsection (2) apply to any work or service for the employer on 113
the project for which the economic development incentive is 114
provided. 115
(3) A person or entity may report, based on a reasonable 116
belief, a suspected violation of subsection (2)(a) of this section 117
to the Mississippi Attorney General. Such report must be made 118
during the term of the separate agreement entered into by and 119
between the state and the employer. Upon receiving a report under 120
this subsection (3), the Attorney General shall determine whether 121
a violation has occurred. It is a breach of the separate 122
agreement entered into between the state and the employer for the 123
employer to refuse to provide the written statement. If the 124
Attorney General's Office finds that an employer has violated 125
subsection (2)(a) of this section, then it shall deliver written 126
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notice of its findings to the employer informing the employer of 127
its intent to initiate proceedings to recover the grant funds 128
awarded. 129
(4) (a) As used in this subsection (4), "agreement" 130
includes a memorandum of understanding mutually accepted by the 131
state and an employer prior to July 1, 2026, including a legally 132
binding agreement subsequent and subject to such memorandum of 133
understanding. 134
(b) This section applies prospectively and excludes: 135
(i) Any agreement between this state and an 136
employer executed prior to July 1, 2026; and 137
(ii) Any agreement between an employer and a labor 138
organization executed prior to July 1, 2026. 139
(c) This section shall apply to any agreement, contract 140
or memorandum of understanding between an employer and a labor 141
organization or the state executed, renewed or modified on or 142
after July 1, 2026. 143
(5) Notwithstanding any other law to the contrary, prior to 144
contracting to award an economic development incentive, the state 145
must execute a separate agreement with the recipient of the 146
incentive that reserves the right of the state to recover the 147
monies disbursed by the state if the recipient benefitting from 148
such incentive fails to comply with this section. This separate 149
agreement must have a term of not less than: 150
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ST: Economic development incentives; require
agreements to secure employee freedom and
privacy regarding unionization decisions.
(a) For an economic development incentive of less than 151
Five Million Dollars ($5,000,000.00), the minimum term the state 152
would require; or 153
(b) For an economic development incentive of Five 154
Million Dollars ($5,000,000.00) or more, twenty (20) years. 155
SECTION 3. This act shall take effect and be in force from 156
and after July 1, 2026. 157