50-7-20. Employer eligibility for economic development incentives.

As used in this Code section, the term:#

1. (1)

   “Economic development incentive” means the statutory and discretionary incentives authorized by the state pursuant to Code Sections 48-7-40.24, 50-8-8, and 50-34-1 through 50-34-19.#

2. (2)

   “Employee” means an individual who performs services for an employer for wages that are subject to withholding requirements under 26 U.S.C. Section 3402.#

3. (3)

   “Employer” means a person or entity that voluntarily pursues an economic development incentive and enters into an agreement with the state for the purpose of receiving such incentive.#

4. (4)

   “Labor organization” has the same meaning as defined in 29 U.S.C. Section 152.#

5. (5)

   “Personal contact information” means an employee’s home address, home or personal cell phone number, or personal email address.#

6. (6)

   “Project” means the activity or enterprise for which an employer receives an economic development incentive.#

7. (7)

   “Secret ballot election” means a process conducted by an agent of the National Labor Relations Board in which an employee casts a secret ballot for or against labor organization representation.#

8. (8)

   “Subcontractor” means an individual or entity that has contracted with an employer to perform work or provide services.#

To be eligible to receive an economic development incentive, an employer shall not, with respect to any work or service for the employer for which the economic development incentive is to be based:#

1. (1)

   Voluntarily grant recognition rights for the employer’s employees solely and exclusively on the basis of signed labor organization authorization cards if the selection of a bargaining representative may instead be conducted through a secret ballot election;#

2. (2)

   Voluntarily disclose an employee’s personal contact information to a labor organization, or a third party acting on behalf of a labor organization, without the employee’s prior written consent, unless otherwise required by state or federal law; or#

3. (3)

   Require a subcontractor to engage in activities prohibited in paragraph (1) or (2) of this subsection.#

An employer that engages in any activity prohibited by subsection (b) of this Code section in the performance of a project shall repay any and all economic development incentives received over the life of such project.#

This Code section shall not apply to any agreement between the state and an employer executed prior to January 1, 2025.#