Bill Text: MI HB6140 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Public employees and officers: other; nondisclosure agreements related to the construction of data centers; prohibit. Creates new act. TIE BAR WITH: HB 6135'26, HB 6141'26, HB 6137'26, HB 6138'26, HB 6142'26, HB 6139'26
Sponsorship: Partisan Bill (Democrat 27)
Status: (Introduced) 2026-06-30 - Bill Electronically Reproduced 06/25/2026 [HB6140 Detail]
Download: Michigan-2025-HB6140-Introduced.html
HOUSE BILL NO. 6140
A bill to prohibit certain elected officials from entering into certain nondisclosure agreements; and to provide for the powers and duties of certain state and local governmental officers and entities.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "data center transparency act".
(a) "Data center" means a facility that is composed of 1 or more buildings and that is designed and intended to house, and does house, data center equipment to centralize the storage and processing of data.
(b) "Nondisclosure agreement" means an agreement or contract that includes a provision that provides that the construction of a data center is confidential or that a party to the agreement or contract is prohibited from disclosing, discussing, describing, or commenting on the construction of a data center.
(c) "Political subdivision" means a county, city, village, township, or other political subdivision, public corporation, authority, or district of this state.
Sec. 3. (1) Notwithstanding any provision of law to the contrary, if a political subdivision contracts with an owner of a data center to construct a data center in that political subdivision in exchange for a tax incentive, the owner of the data center and any elected official of that political subdivision shall not enter into a nondisclosure agreement.
(2) This act does not prohibit the redaction of information in the contract described in subsection (1) that is related to the intellectual property of a data center. This subsection does not prohibit the attorney general, executive office of the governor, or public service commission from reviewing any redacted information in a contract described in subsection (1).
Sec. 5. This act applies to a nondisclosure agreement that is entered into, amended, extended, or renewed on or after the effective date of this act. A nondisclosure agreement that violates this act is against public policy and is void and unenforceable.
Enacting section 1. This act does not take effect unless all of the following bills of the 103rd Legislature are enacted into law:
(a) Senate Bill No. ____ (request no. S06933'26) or House Bill No. 6135 (request no. H06933'26).
(b) Senate Bill No. ____ (request no. S06934'26) or House Bill No. 6139 (request no. H06934'26).
(c) Senate Bill No. ____ (request no. S06939'26) or House Bill No. 6137 (request no. H06939'26).
(d) Senate Bill No. ____ (request no. S06943'26) or House Bill No. 6142 (request no. H06943'26).
(e) Senate Bill No. ____ (request no. S06965'26) or House Bill No. 6138 (request no. H06965'26).
(f) Senate Bill No. ____ (request no. S07181'26) or House Bill No. 6141 (request no. H07181'26).
