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AB 1036

Relating to: prohibiting nondisclosure agreements intended to conceal information about a data center from the public.

2025-2026 Regular Session Introduced by Elijah Behnke and 4 co-sponsors

Prohibits nondisclosure agreements that conceal information about data centers from the public to improve transparency and public oversight.

Failed to pass pursuant to Senate Joint Resolution 1
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WeVote Research Nonpartisan
Bill Summary · AB 1036

Summary of Wisconsin Assembly Bill 1036 (Session 2025)

Overview

  • Bill: AB 1036
  • Subject: Prohibiting nondisclosure agreements (NDAs) intended to conceal information about a data center from the public
  • Jurisdiction: Wisconsin
  • Introduced / Latest activity: Introduced February 13, 2026; coauthors and cosponsors listed; referred to Committee on Ways and Means
  • Key aim: Prevents NDAs that would hide information about a data center from public awareness or oversight

Purpose and Intent

  • The bill target prohibits private agreements (nondisclosure agreements) that would conceal information regarding data centers from the public.
  • Aims to improve transparency about data center operations, location, governance, security, environmental impact, energy use, and any associated public concerns.

Key Provisions (as implied by title and companion bill language patterns)

  • Prohibition on certain NDAs: Courts or the state would not recognize or enforce NDAs that are designed to hide information about data centers from the public.
  • Scope of information: NDAs would be restricted when they would suppress disclosure of information relevant to public interest, government oversight, environmental impact, or local land use/regulatory issues related to data centers.
  • Enforcement mechanisms: Provisions likely authorize enforcement by state authorities or provide remedies for individuals or entities harmed by improper NDAs (e.g., penalties, voiding of NDA terms, or injunctive relief).
  • Definitions: Data center terms defined (e.g., facilities housing computer servers, storage, networking equipment) and NDA terms clarified (e.g., what constitutes “conceal information,” “public information,” and “disclosure”).
  • Exceptions: Possible enumerated exceptions for sensitive security or proprietary information that would still be protected under other laws, while balancing transparency goals.

Note: The exact statutory text is not provided here; the summary reflects typical content for NDA-related public transparency measures tied to data center facilities.

Who is Affected

  • Data centers: Operators and owners of data centers would be subject to new rules governing NDAs associated with public disclosure.
  • Employers and contractors: Entities entering NDAs with employees, vendors, or partners related to data centers could face new restrictions.
  • Public and government: The public, local governments, and state agencies would have greater access to information about data centers, promoting transparency.
  • Legal professionals: Courts and attorneys involved in NDA disputes would interpret and apply new prohibitions and exceptions.

Procedural and Timeline Aspects

  • Introduction and Sponsorship: Introduced on February 13, 2026, with multiple coauthors and cosponsors (including Representatives and Senators listed in the action history).
  • Referral: Referred to the Assembly Committee on Ways and Means (as part of the legislative process).
  • Status: Contains recorded action history up to at least March 23, 2026, including amendments or co-sponsorship updates. No final passage status included here.
  • Next steps: If advanced, the bill would proceed through committee hearings, potential amendments, floor votes in the Assembly and Senate, and eventual approval or failure.

Potential Impacts and Considerations

  • Transparency gains: Increased public access to information about data center operations, environmental impact, energy use, and land use, aligning with public accountability goals.
  • Business considerations: Data center operators may need to adjust NDA practices to ensure they do not unlawfully conceal information, potentially affecting competitive strategies and confidentiality protections.
  • Implementation challenges: Determining which data center disclosures are permissible versus protected could require careful statutory definitions and regulatory guidance.

If you’d like, I can tailor this summary to focus on a particular audience (e.g., policymakers, industry stakeholders, or general public) or compare it to existing Wisconsin NDA/transparency statutes.

Compiled from official sources — confirm details with the bill’s official record.

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