Michigan 2025-2026 Regular Session

Michigan House Bill HB5399

Introduced
12/18/25  

Caption

Public employees and officers: other; local officials signing nondisclosure agreements related to the construction of data centers; prohibit. Creates new act.

Impact

If enacted, HB5399 would significantly impact how local government officials can conduct business regarding data centers. It would establish that any nondisclosure agreements made by elected officials are against public policy and thus void and unenforceable. Violations of this act could result in civil penalties against elected officials, requiring them to be more transparent about agreements they enter, which in turn affects local government operations and the handling of data center projects.

Summary

House Bill 5399, known as the 'data center nondisclosure agreement prohibition act', seeks to prohibit elected officials in Michigan from entering into nondisclosure agreements (NDAs) regarding the construction of data centers. This legislation is a response to increasing concerns about transparency and accountability in local government dealings, specifically those involving large-scale data center projects. The bill aims to ensure that the details surrounding the construction and operation of these centers are disclosed to the public, preventing any confidentiality that could obstruct public scrutiny.

Contention

Debate surrounding HB5399 may center on concerns regarding the balance between necessary business confidentiality and public transparency. Proponents argue that the bill promotes greater oversight and accountability on projects that can influence local economies and environments. Conversely, opponents might assert that such measures could hinder negotiation processes and deter potential investments in data centers, which are significant contributors to local economies. As this bill progresses, the conversations will likely address these pivotal points, highlighting the challenges in regulating transparency while fostering business development.

Companion Bills

No companion bills found.

Previously Filed As

MI SB0490

Public employees and officers: other; elected officials signing certain nondisclosure agreements; restrict. Creates new act.

MI HB695

Prohibit nondisclosure agreements for certain local officials

MI HF4915

Local elected officials banned from entering nondisclosure agreements.

MI HB1246

Prohibit nondisclosure of certain agreements related to data centers.

MI SF4548

Ban local elected officials from entering certain nondisclosure agreements

MI SF5062

Ban local elected officials from entering certain nondisclosure agreements

MI HF4814

Local elected officials banned from entering certain nondisclosure agreements.

MI HB5425

Relating to prohibiting certain nondisclosure or non-disparagement agreements by employers; creating a civil cause of action.

MI HF4659

State and municipalities prohibited from entering into nondisclosure agreements.

MI SB994

Local agencies: nondisclosure agreements.

Similar Bills

CA SB994

Local agencies: nondisclosure agreements.

CA AB1652

State agencies: regulations and legislation: nondisclosure agreements.

CA AB1370

State Legislature: nondisclosure agreements.

AZ SB1510

Nondisclosure agreements; information; prohibition

LA SB185

Provides that nondisclosure agreements involving victims of child sexual abuse are against public policy and unenforceable. (gov sig) (EN NO IMPACT See Note)

MI HB4052

Legislature: legislators; certain nondisclosure agreements entered into by legislators; prohibit. Creates new act. TIE BAR WITH: HB 4053'25

MI HB4053

Legislature: legislators; certain nondisclosure agreements entered into by legislators; prohibit. Creates new act. TIE BAR WITH: HB 4053'25

OH HB695

Prohibit nondisclosure agreements for certain local officials