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SB 2849

Economic development incentives; require agreements to secure employee freedom and privacy regarding unionization decisions.

2025 Regular Session Introduced by Josh Harkins

SB 2849 would condition state economic incentives on protecting employees’ right to secret-ballot union decisions and privacy, including limiting disclosure of personal contact inf

Died On Calendar
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Bill Summary · SB 2849

Summary — SB 2849 (2025)

Title: Economic development incentives; require agreements to secure employee freedom and privacy regarding unionization decisions.
Status: Died on Calendar (April 3, 2025)
Introduced: March 14, 2025
Effective date (if enacted): July 1, 2025
Subjects: Business & commerce, Finance, Labor, Ways & Means
Companion bill: HB 1826

Purpose / Intent

SB 2849 declares the Legislature’s intent that Mississippi may condition economic development incentives on protections for employee freedom and privacy in the context of union organizing. The bill seeks to ensure that private businesses receiving state funds or benefits (or seeking them) do not interfere with employees’ ability to exercise a secret-ballot election for recognition of a labor organization and do not voluntarily disclose employees’ personal contact information to labor organizations without consent.

Key provisions

  • Legislative findings about the State’s role in setting terms and conditions for economic development incentives, oversight of compliance, and interest in projects that benefit the state.
  • Policy requirements (intent language):
    • When state funds or benefits are sought by a private business, receipt may be conditioned on the business agreeing not to waive employees’ right to a secret-ballot election when recognizing a labor organization — and not to require subcontractors to waive that right.
    • When state funds or benefits are provided/awarded, the private business working on the project shall:
    • Not voluntarily disclose employee personal contact information to a labor organization without the employee’s prior consent;
    • Not waive its right to speak to its employees; and
    • Not require subcontractors to voluntarily disclose employee personal contact information to a labor organization without prior consent or to waive the subcontractor’s right to speak to its employees.
  • The adopted Committee Amendment No. 1 rewrote the bill to contain the above text and replaced the title accordingly.

Who would be affected

  • Private businesses applying for or receiving state economic development incentives or benefits.
  • Subcontractors engaged on projects that receive state funds/benefits.
  • Employees of those businesses and subcontractors (privacy and organizing protections).
  • State agencies or local entities administering economic development incentives (responsible for imposing these conditions).
  • Labor organizations (limitations on access to employee contact information).

Implementation, enforcement, and legal considerations

  • The bill is phrased as legislative intent and conditions on state benefits; the text as amended does not specify enforcement mechanisms, penalties, or private rights of action.
  • Potential issues include practical implementation by agencies and possible legal questions regarding interaction with federal labor law (e.g., the National Labor Relations Act) and preemption — the bill does not resolve those matters.

Legislative history (selected)

  • Filed/received: March 14, 2025.
  • Passed Senate; transmitted to House (Feb–Mar 2025), amended in committee (Committee Amendment No. 1 adopted).
  • Conference reports and motions occurred in late March/early April 2025.
  • Died on Calendar: April 3, 2025 (bill did not become law).

Compiled from official sources — confirm details with the bill’s official record.

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