Alabama 2024 Regular Session

Alabama Senate Bill SB231 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	SB231ENGROSSED
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3	3		SB231
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	4	+	YFCJ2N6-2
5	5		By Senators Orr, Jones, Roberts, Hovey, Allen, Weaver
6	6		RFD: Fiscal Responsibility and Economic Development
7	7		First Read: 19-Mar-24
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12		-	5 SB231 ~~Enrolled~~
	12	+	5 SB231 Engrossed
13	13		Page 1
14	14		First Read: 19-Mar-24
15		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
16	18		Relating to labor organizations; to condition an
17	19		employers' eligibility for economic development incentives
18	20		upon the employer refraining from certain practices relating
19	21		to employee representation by a labor organization; and to
20	22		provide oversight.
21	23		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
22		-	Section 1. ~~(a)~~ For purposes of this ~~section~~, the
23		-	~~following~~ words have the following meanings:
	24	+	Section 1. For purposes of this act, the following
	25	+	words have the following meanings:
24	26		(1) ECONOMIC DEVELOPMENT INCENTIVE. A grant, loan, or
25	27		tax credit provided by the state or local government to an
26	28		employer, not including any incentive made pursuant to Article
27	29		13 of Chapter 23 of Title 41, Code of Alabama 1975.
28	30		(2) EMPLOYEE. An individual who performs services for
29	31		an employer for wages that are subject to withholding
30	32		requirements under 26 U.S.C. §3402.
31	33		(3) EMPLOYER. A person or entity that voluntarily
32	34		pursues an economic development incentive and enters into an
33	35		agreement with the state or local government for the purpose
34	36		of receiving the incentive.
35	37		(4) LABOR ORGANIZATION. The same meaning as provided in
36		-	Section 25-7-2, Code of Alabama 1975.
37		-	(5) PERSONAL CONTACT INFORMATION. An individual's home
38		-	address, home phone number, cell phone number, or personal
39		-	email address.
40		-	(6) PROJECT. The activity or enterprise for which an
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68		-	28 SB231 ~~Enrolled~~
	65	+	28 SB231 Engrossed
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	67	+	(4) LABOR ORGANIZATION. The same meaning as provided in
	68	+	Section 25-7-2, Code of Alabama 1975.
	69	+	(5) PERSONAL CONTACT INFORMATION. An individual's home
	70	+	address, home phone number, cell phone number, or personal
	71	+	email address.
70	72		(6) PROJECT. The activity or enterprise for which an
71	73		employer receives an economic development incentive.
72	74		(7) SECRET BALLOT ELECTION. A process conducted by an
73	75		agent of the National Labor Relations Board in which an
74	76		employee casts a secret ballot for or against labor
75	77		organization representation.
76	78		(8) SUBCONTRACTOR. A person that has contracted with an
77	79		employer to perform work or provide services.
78	80		(b) No employer shall be eligible to receive an
79	81		economic development incentive for a project if the employer
80	82		does any of the following:
81	83		(1) Voluntarily grants recognition rights for the
82	84		employer's employees solely and exclusively on the basis of
83	85		signed labor organization authorization cards if the selection
84	86		of a bargaining representative may be conducted through a
85	87		secret ballot election.
86	88		(2) Voluntarily discloses an employee's personal
87		-	contact information to a labor organization or third party
88		-	acting on behalf of a labor organization without the
	89	+	contact information to a labor organization, or third party
	90	+	acting on behalf of a labor organization, without the
89	91		employee's prior written consent, unless otherwise required by
90	92		state or federal law.
91	93		(3) Requires a subcontractor to engage in activities
92	94		prohibited by subdivision (1) or (2).
93	95		(c) An employer that engages in any activity prohibited
94		-	by subsection (b) which has received an economic development
95		-	incentive for any project shall be required to repay all
96		-	economic development incentives received over the life of the
97		-	project.
98		-	(d) Subsection (b) shall not apply to any employer or
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126		-	56 SB231 ~~Enrolled~~
	123	+	56 SB231 Engrossed
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128		-	(d) Subsection (b) shall not apply to any employer or
129		-	subcontractor that does not directly receive an economic
130		-	development incentive.
131		-	(e) This section shall not apply to any agreement
132		-	between the state and an employer, or between a county or
133		-	municipality and an employer, executed prior to January 1,
	125	+	(c) An employer that engages in any activity prohibited
	126	+	by subsection (b) shall be required to repay all economic
	127	+	development incentives received over the life of the project.
	128	+	(d) This section shall not apply to any agreement
	129	+	between the state and an employer executed prior to January 1,
134	130		2025.
135		-	(f) This section shall not apply to any employer with a
136		-	collective bargaining unit where an employer, as of the
137		-	effective date of this act, has entered into a collective
138		-	bargaining agreement for that collective bargaining unit with
139		-	a labor organization or to which a secret ballot election has
140		-	already occurred under applicable federal law.
141		-	(g) The Alabama Department of Revenue or administering
142		-	agency of the incentive may investigate potential violations
143		-	of subsection (b) and enforce this section.
144		-	Section 2. This act shall become effective immediately.
	131	+	(e) This section shall not apply to any employer with a
	132	+	collective bargaining unit where an employer, as of October 1,
	133	+	2024, has entered into a collective bargaining agreement for
	134	+	that collective bargaining unit with a labor organization or
	135	+	to which a secret ballot election has already occurred under
	136	+	applicable federal law.
	137	+	(f) The Alabama Department of Revenue may investigate
	138	+	potential violations of subsection (b) of Section 1 and
	139	+	enforce the provisions of this section.
	140	+	Section 2. This act shall become effective on October
	141	+	1, 2024.
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160		-	72 SB231 ~~Enrolled~~
	157	+	72 SB231 Engrossed
161	158		Page 4
162		-	Section 2. This act shall become effective immediately.
163		-	________________________________________________
164		-	President and Presiding Officer of the Senate
165		-	________________________________________________
166		-	Speaker of the House of Representatives
167		-	SB231
168		-	Senate 16-Apr-24
169		-	I hereby certify that the within Act originated in and passed
170		-	the Senate, as amended.
171		-	Senate 07-May-24
172		-	I hereby certify that the within Act originated in and passed
173		-	the Senate, as amended by Conference Committee Report.
	159	+	1, 2024.
	160	+	Senate
	161	+	Read for the first time and referred
	162	+	to the Senate committee on Fiscal
	163	+	Responsibility and Economic
	164	+	Development
	165	+	................19-Mar-24
	166	+	Read for the second time and placed
	167	+	on the calendar:
	168	+	1 amendment
	169	+	................04-Apr-24
	170	+	Read for the third time and passed
	171	+	as amended
	172	+	Yeas 23
	173	+	Nays 5
	174	+	Abstains 0
	175	+	................16-Apr-24
174	176		Patrick Harris,
175	177		Secretary.
176		-	House of Representatives
177		-	Passed: 23-Apr-24, as amended.
178		-	House of Representatives
179		-	Passed: 07-May-24, as amended by Conference Committee Report.
180		-	By: Senator Orr
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