Read the full stored bill text
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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 1
nondisclosure agreement prohibition act". 2
Sec. 2. As used in this act: 3
(a) "Data center" means a centralized facility used for the 4
management, storage, processing, and distribution of data with a 5
June 18, 2026, Introduced by Senators CAMILLERI, POLEHANKI, MCMORROW, BAYER,
IRWIN, HERTEL, CHANG, SHINK and GEISS and referred to Committee on Energy and
Environment.
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maximum aggregate demand of 20 megawatts or more at a single site 1
or aggregated among more than 1 site in a utility's service 2
territory. 3
(b) "Nondisclosure agreement" means an agreement or contract 4
related to a data center project that prohibits a party to the 5
agreement or contract from disclosing, discussing, describing, or 6
otherwise revealing information based on a claim of confidentiality 7
or trade secrets to a person that is not a party to the agreement 8
or contract. 9
(c) "Public employee" means an employee of any of the 10
following whether compensated as a payroll employee or an 11
independent contractor: 12
(i) This state. 13
(ii) A city, village, township, or county of this state. 14
(iii) A department, board, agency, institution, commission, 15
authority, division, council, college, university, school district, 16
intermediate school district, special district, or other public 17
entity. 18
(d) "Public entity" means any of the following: 19
(i) A state officer, employee, agency, department, division, 20
bureau, board, commission, council, authority, or other body in the 21
executive branch of this state. 22
(ii) An agency, board, commission, council, or other body in 23
the legislative branch of this state. 24
(iii) A county, city, township, village, intercounty, intercity, 25
or regional governing body, council, authority, school district, 26
special district, or municipal corporation, or a board, department, 27
commission, council, or agency of a county, city, township, 28
village, intercounty, intercity. 29
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(iv) Any other entity or body that is created by state or local 1
authority or is primarily funded by or through state or local 2
authority. 3
(e) Public entity does not include any of the following: 4
(i) The judiciary. 5
(ii) The office of the county clerk. 6
(iii) An employee of the office of the county clerk if the 7
employee acts in the capacity of clerk to the circuit court. 8
(f) "Public officer" means an individual who is elected or 9
appointed to any of the following: 10
(i) An office established by the state constitution of 1963. 11
(ii) A public office of a city, village, township, or county in 12
this state. 13
(iii) A department, board, agency, institution, commission, 14
authority, division, council, college, university, school district, 15
intermediate school district, special district, or any other public 16
entity. 17
Sec. 3. (1) Except as otherwise provided in section 5, a 18
public employee or public officer shall not enter into a 19
nondisclosure agreement. 20
(2) A public employee or public officer who violates 21
subsection (1) is subject to a civil fine of not more than 22
$1,000.00. The prosecutor of the county in which the violation 23
occurred or the attorney general may bring an action to collect the 24
fine. 25
Sec. 4. This act applies to a nondisclosure agreement that is 26
entered into, amended, extended, or renewed on or after the 27
effective date of this act. 28
Sec. 5. This act does not apply to and does not require the 29
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Final Page
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disclosure of any of the following: 1
(a) Information that is privileged under law. 2
(b) Information that is prohibited from disclosure by law. 3
(c) A written agreement to settle actual or threatened 4
litigation. 5