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 |Add To My Favorites |Track Bill | Version: 10/01/25 - Chaptered
 09/12/25 - Enrolled
 06/23/25 - Amended Senate
 04/10/25 - Amended Assembly
 02/21/25 - Introduced

 AB-1370 State Legislature: nondisclosure agreements.(2025-2026)

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 Date Published: 10/02/2025 09:00 PM

AB1370:v95#DOCUMENTBill Start

 Assembly Bill

 No. 1370

 CHAPTER 191

An act to add Section 8923 to the Government Code, relating to state government.

 [
 Approved by

 Governor
 October 01, 2025.

 Filed with

 Secretary of State
 October 01, 2025.
 ]

LEGISLATIVE COUNSEL'S DIGEST

AB 1370, Patterson.
 State Legislature: nondisclosure agreements.

Existing law, the legislative code of ethics, prohibits Members of the Legislature and legislative employees from having financial conflicts of interest and engaging in activities that are in substantial conflict with their official duties.

This bill would prohibit Members of the Legislature from entering into, or requesting that another party enter into, a nondisclosure agreement relating to the drafting, negotiation, or discussion of proposed legislation. The bill would also make any nondisclosure agreement relating to the drafting, negotiation, or discussion of proposed legislation entered into after the effective date of this bill void and unenforceable. The bill would provide an exception for nondisclosure agreements, or portions thereof, that prevent only the disclosure of trade secrets, financial information, or proprietary information,
 as specified. A violation of the legislative code of ethics is punishable as a crime, as specified. By creating a new crime under the act, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Nondisclosure agreements serve an important role, especially in litigation involving two or more private parties. However, their use during negotiations for proposed legislation in the State of California prevents Members of the Legislature from providing adequate transparency when conducting the people’s business.

(b) Nondisclosure agreements are appropriate to use when attempting to protect trade secrets or the financial or proprietary information of a private party. However,
 this information is rarely required for discussions regarding proposed legislation.

(c) Existing law prohibits including certain provisions within settlement agreements or agreements related to an employee’s separation from employment that prevent the disclosure of information related to workplace misconduct, sexual harassment, or sexual assault, and thus the conduct of perpetrators in these instances is not shielded from disclosure.

SEC. 2.

 Section 8923 is added to the Government Code, to read:

8923.

 (a) Except as provided in paragraph (1) of subdivision (c), a Member of the Legislature acting in their official capacity shall not enter into, or request that another individual enter into, a nondisclosure agreement relating to the drafting, negotiation, or discussion of proposed legislation.

(b) Except as provided in paragraph (2) of subdivision (c), any nondisclosure agreement relating to the drafting, negotiation, or discussion of proposed legislation entered into or requested by a Member of the Legislature after the effective date of this section shall be void and unenforceable.

(c) (1) This section does not prohibit a Member of the Legislature from entering into or requesting a nondisclosure agreement that prevents only the disclosure of trade secrets, financial information, or proprietary information.

(2) This section does not make void and unenforceable a nondisclosure agreement, or portion of a nondisclosure agreement, that prevents only the disclosure of trade secrets, financial information, or proprietary information.

(3) Notwithstanding Section 8924, this section applies only to a Member o