Bill Text: MI SB1049 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Public employees and officers: other; certain nondisclosure agreements; prohibit. Creates new act.
Sponsorship: Partisan Bill (Democrat 10)
Status: (Introduced) 2026-07-01 - Senate Co-sponsor(s) Named: Sean Mccann [SB1049 Detail]
Download: Michigan-2025-SB1049-Introduced.html
SENATE BILL NO. 1049
� A bill to prohibit certain individuals from entering into certain nondisclosure agreements; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide civil sanctions.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "data center nondisclosure agreement prohibition act".
(a) "Data center" means a centralized facility used for the management, storage, processing, and distribution of data with a maximum aggregate demand of 20 megawatts or more at a single site or aggregated among more than 1 site in a utility's service territory.
(b) "Nondisclosure agreement" means an agreement or contract related to a data center project that prohibits a party to the agreement or contract from disclosing, discussing, describing, or otherwise revealing information based on a claim of confidentiality or trade secrets to a person that is not a party to the agreement or contract.
(c) "Public employee" means an employee of any of the following whether compensated as a payroll employee or an independent contractor:
(i) This state.
(ii) A city, village, township, or county of this state.
(iii) A department, board, agency, institution, commission, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity.
(d) "Public entity" means any of the following:
(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of this state.
(ii) An agency, board, commission, council, or other body in the legislative branch of this state.
(iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, authority, school district, special district, or municipal corporation, or a board, department, commission, council, or agency of a county, city, township, village, intercounty, intercity.
(iv) Any other entity or body that is created by state or local authority or is primarily funded by or through state or local authority.
(e) Public entity does not include any of the following:
(i) The judiciary.
(ii) The office of the county clerk.
(iii) An employee of the office of the county clerk if the employee acts in the capacity of clerk to the circuit court.
(f) "Public officer" means an individual who is elected or appointed to any of the following:
(i) An office established by the state constitution of 1963.
(ii) A public office of a city, village, township, or county in this state.
(iii) A department, board, agency, institution, commission, authority, division, council, college, university, school district, intermediate school district, special district, or any other public entity.
Sec. 3. (1) Except as otherwise provided in section 5, a public employee or public officer shall not enter into a nondisclosure agreement.
(2) A public employee or public officer who violates subsection (1) is subject to a civil fine of not more than $1,000.00. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect the fine.
Sec. 4. This act applies to a nondisclosure agreement that is entered into, amended, extended, or renewed on or after the effective date of this act.
Sec. 5. This act does not apply to and does not require the disclosure of any of the following:
(a) Information that is privileged under law.
(b) Information that is prohibited from disclosure by law.
(c) A written agreement to settle actual or threatened litigation.
