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GSS H06942'26_HB6140_INTR_1 ge3q6u
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 1
act". 2
Sec. 2. As used in this act: 3
(a) "Data center" means a facility that is composed of 1 or 4
more buildings and that is designed and intended to house, and does 5
June 25, 2026, Introduced by Reps. Foreman, Andrews, Grant, Tsernoglou, Breen, Steckloff,
O'Neal, Wooden, Arbit, Hoskins, Snyder, Liberati, Rogers, McFall, Morgan, Martus,
Rheingans, Skaggs, Witwer, MacDonell, McKinney, Wegela, Scott, Wilson, Conlin, Herzberg
and Fitzgerald and referred to Committee on Government Operations.
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GSS H06942'26_HB6140_INTR_1 ge3q6u
house, data center equipment to centralize the storage and 1
processing of data. 2
(b) "Nondisclosure agreement" means an agreement or contract 3
that includes a provision that provides that the construction of a 4
data center is confidential or that a party to the agreement or 5
contract is prohibited from disclosing, discussing, describing, or 6
commenting on the construction of a data center. 7
(c) "Political subdivision" means a county, city, village, 8
township, or other political subdivision, public corporation, 9
authority, or district of this state. 10
Sec. 3. (1) Notwithstanding any provision of law to the 11
contrary, if a political subdivision contracts with an owner of a 12
data center to construct a data center in that political 13
subdivision in exchange for a tax incentive, the owner of the data 14
center and any elected official of that political subdivision shall 15
not enter into a nondisclosure agreement. 16
(2) This act does not prohibit the redaction of information in 17
the contract described in subsection (1) that is related to the 18
intellectual property of a data center. This subsection does not 19
prohibit the attorney general, executive office of the governor, or 20
public service commission from reviewing any redacted information 21
in a contract described in subsection (1). 22
Sec. 5. This act applies to a nondisclosure agreement that is 23
entered into, amended, extended, or renewed on or after the 24
effective date of this act. A nondisclosure agreement that violates 25
this act is against public policy and is void and unenforceable. 26
Enacting section 1. This act does not take effect unless all 27
of the following bills of the 103rd Legislature are enacted into 28
law: 29
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Final Page
GSS H06942'26_HB6140_INTR_1 ge3q6u
(a) Senate Bill No. ____ (request no. S06933'26) or House Bill 1
No. 6135 (request no. H06933'26). 2
(b) Senate Bill No. ____ (request no. S06934'26) or House Bill 3
No. 6139 (request no. H06934'26). 4
(c) Senate Bill No. ____ (request no. S06939'26) or House Bill 5
No. 6137 (request no. H06939'26). 6
(d) Senate Bill No. ____ (request no. S06943'26) or House Bill 7
No. 6142 (request no. H06943'26). 8
(e) Senate Bill No. ____ (request no. S06965'26) or House Bill 9
No. 6138 (request no. H06965'26). 10
(f) Senate Bill No. ____ (request no. S07181'26) or House Bill 11
No. 6141 (request no. H07181'26). 12