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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1370Introduced by Assembly Member PattersonFebruary 21, 2025 An act to add Chapter 7.5 (commencing with Section 87600) to the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGESTAB 1370, as introduced, Patterson. Political Reform Act of 1974: nondisclosure agreements.The Political Reform Act of 1974 establishes requirements and conditions for public officials, including Members of the Legislature, with respect to the conduct of election campaigns, conflicts of interest, ethics, and other political activities.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 Political Reform Act of 1974 is punishable as a misdemeanor. 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.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 peoples 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, such information is rarely required for discussions regarding proposed legislation.(c) Existing law prohibits including certain provisions within settlement agreements or agreements related to an employees 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. Chapter 7.5 (commencing with Section 87600) is added to Title 9 of the Government Code, to read: CHAPTER 7.5. Members of the Legislature: Nondisclosure Agreements87600. (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 relates to the drafting, negotiation, or discussion of proposed legislation and 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 relates to the drafting, negotiation, or discussion of proposed legislation and that prevents only the disclosure of trade secrets, financial information, or proprietary information.(d) For purposes of this section, the following terms have the following meanings:(1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation.(2) Drafting means developing language for proposed legislation to be considered by the Legislature.(3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 4. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code, and further finds and declares that Members of the Legislature should serve the needs and respond to the wishes of all citizens equally when conducting the peoples business, and thus proposed legislation should be drafted, negotiated, and discussed with full transparency. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1370Introduced by Assembly Member PattersonFebruary 21, 2025 An act to add Chapter 7.5 (commencing with Section 87600) to the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGESTAB 1370, as introduced, Patterson. Political Reform Act of 1974: nondisclosure agreements.The Political Reform Act of 1974 establishes requirements and conditions for public officials, including Members of the Legislature, with respect to the conduct of election campaigns, conflicts of interest, ethics, and other political activities.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 Political Reform Act of 1974 is punishable as a misdemeanor. 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.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 10, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly April 10, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1370 | |
| 14 | 14 | ||
| 15 | - | Introduced by Assembly Member | |
| 15 | + | Introduced by Assembly Member PattersonFebruary 21, 2025 | |
| 16 | 16 | ||
| 17 | - | Introduced by Assembly Member Patterson | |
| 17 | + | Introduced by Assembly Member Patterson | |
| 18 | 18 | February 21, 2025 | |
| 19 | 19 | ||
| 20 | - | An act to add Chapter 7.5 (commencing with Section 87600) | |
| 20 | + | An act to add Chapter 7.5 (commencing with Section 87600) to the Government Code, relating to the Political Reform Act of 1974. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 1370, as | |
| 26 | + | AB 1370, as introduced, Patterson. Political Reform Act of 1974: nondisclosure agreements. | |
| 27 | 27 | ||
| 28 | - | The Political Reform Act of 1974 establishes requirements and conditions for public officials, including Members of the Legislature, with respect to the conduct of election campaigns, conflicts of interest, ethics, and other political activities | |
| 28 | + | The Political Reform Act of 1974 establishes requirements and conditions for public officials, including Members of the Legislature, with respect to the conduct of election campaigns, conflicts of interest, ethics, and other political activities.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 Political Reform Act of 1974 is punishable as a misdemeanor. 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.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act. | |
| 29 | 29 | ||
| 30 | 30 | The Political Reform Act of 1974 establishes requirements and conditions for public officials, including Members of the Legislature, with respect to the conduct of election campaigns, conflicts of interest, ethics, and other political activities. | |
| 31 | 31 | ||
| 32 | - | ||
| 33 | - | ||
| 34 | - | 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. | |
| 35 | - | ||
| 36 | - | 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 Political Reform Act of 1974 legislative code of ethics is punishable as a misdemeanor. crime, as specified. By creating a new crime under the act, this bill would impose a state-mandated local program. | |
| 32 | + | 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 Political Reform Act of 1974 is punishable as a misdemeanor. By creating a new crime under the act, this bill would impose a state-mandated local program. | |
| 37 | 33 | ||
| 38 | 34 | 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. | |
| 39 | 35 | ||
| 40 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 41 | 37 | ||
| 42 | - | The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. | |
| 43 | - | ||
| 44 | - | ||
| 38 | + | The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements. | |
| 45 | 39 | ||
| 46 | 40 | This bill would declare that it furthers the purposes of the act. | |
| 47 | - | ||
| 48 | - | ||
| 49 | 41 | ||
| 50 | 42 | ## Digest Key | |
| 51 | 43 | ||
| 52 | 44 | ## Bill Text | |
| 53 | 45 | ||
| 54 | - | 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 peoples 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, such information is rarely required for discussions regarding proposed legislation.(c) Existing law prohibits including certain provisions within settlement agreements or agreements related to an employees 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.Chapter 7.5 (commencing with Section 87600) is added to Title 9 of the Government Code, to read:7.5.Members of the Legislature: Nondisclosure Agreements87600 | |
| 46 | + | 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 peoples 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, such information is rarely required for discussions regarding proposed legislation.(c) Existing law prohibits including certain provisions within settlement agreements or agreements related to an employees 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. Chapter 7.5 (commencing with Section 87600) is added to Title 9 of the Government Code, to read: CHAPTER 7.5. Members of the Legislature: Nondisclosure Agreements87600. (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 relates to the drafting, negotiation, or discussion of proposed legislation and 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 relates to the drafting, negotiation, or discussion of proposed legislation and that prevents only the disclosure of trade secrets, financial information, or proprietary information.(d) For purposes of this section, the following terms have the following meanings:(1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation.(2) Drafting means developing language for proposed legislation to be considered by the Legislature.(3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 4. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code, and further finds and declares that Members of the Legislature should serve the needs and respond to the wishes of all citizens equally when conducting the peoples business, and thus proposed legislation should be drafted, negotiated, and discussed with full transparency. | |
| 55 | 47 | ||
| 56 | 48 | The people of the State of California do enact as follows: | |
| 57 | 49 | ||
| 58 | 50 | ## The people of the State of California do enact as follows: | |
| 59 | 51 | ||
| 60 | 52 | 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 peoples 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, such information is rarely required for discussions regarding proposed legislation.(c) Existing law prohibits including certain provisions within settlement agreements or agreements related to an employees 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. | |
| 61 | 53 | ||
| 62 | 54 | 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 peoples 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, such information is rarely required for discussions regarding proposed legislation.(c) Existing law prohibits including certain provisions within settlement agreements or agreements related to an employees 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. | |
| 63 | 55 | ||
| 64 | 56 | SECTION 1. The Legislature finds and declares all of the following: | |
| 65 | 57 | ||
| 66 | 58 | ### SECTION 1. | |
| 67 | 59 | ||
| 68 | 60 | (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 peoples business. | |
| 69 | 61 | ||
| 70 | 62 | (b) Nondisclosure agreements are appropriate to use when attempting to protect trade secrets or the financial or proprietary information of a private party. However, such information is rarely required for discussions regarding proposed legislation. | |
| 71 | 63 | ||
| 72 | 64 | (c) Existing law prohibits including certain provisions within settlement agreements or agreements related to an employees 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. | |
| 73 | 65 | ||
| 66 | + | SEC. 2. Chapter 7.5 (commencing with Section 87600) is added to Title 9 of the Government Code, to read: CHAPTER 7.5. Members of the Legislature: Nondisclosure Agreements87600. (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 relates to the drafting, negotiation, or discussion of proposed legislation and 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 relates to the drafting, negotiation, or discussion of proposed legislation and that prevents only the disclosure of trade secrets, financial information, or proprietary information.(d) For purposes of this section, the following terms have the following meanings:(1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation.(2) Drafting means developing language for proposed legislation to be considered by the Legislature.(3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. | |
| 67 | + | ||
| 68 | + | SEC. 2. Chapter 7.5 (commencing with Section 87600) is added to Title 9 of the Government Code, to read: | |
| 69 | + | ||
| 70 | + | ### SEC. 2. | |
| 71 | + | ||
| 72 | + | CHAPTER 7.5. Members of the Legislature: Nondisclosure Agreements87600. (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 relates to the drafting, negotiation, or discussion of proposed legislation and 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 relates to the drafting, negotiation, or discussion of proposed legislation and that prevents only the disclosure of trade secrets, financial information, or proprietary information.(d) For purposes of this section, the following terms have the following meanings:(1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation.(2) Drafting means developing language for proposed legislation to be considered by the Legislature.(3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. | |
| 73 | + | ||
| 74 | + | CHAPTER 7.5. Members of the Legislature: Nondisclosure Agreements87600. (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 relates to the drafting, negotiation, or discussion of proposed legislation and 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 relates to the drafting, negotiation, or discussion of proposed legislation and that prevents only the disclosure of trade secrets, financial information, or proprietary information.(d) For purposes of this section, the following terms have the following meanings:(1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation.(2) Drafting means developing language for proposed legislation to be considered by the Legislature.(3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. | |
| 75 | + | ||
| 76 | + | CHAPTER 7.5. Members of the Legislature: Nondisclosure Agreements | |
| 77 | + | ||
| 78 | + | CHAPTER 7.5. Members of the Legislature: Nondisclosure Agreements | |
| 79 | + | ||
| 80 | + | 87600. (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 relates to the drafting, negotiation, or discussion of proposed legislation and 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 relates to the drafting, negotiation, or discussion of proposed legislation and that prevents only the disclosure of trade secrets, financial information, or proprietary information.(d) For purposes of this section, the following terms have the following meanings:(1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation.(2) Drafting means developing language for proposed legislation to be considered by the Legislature.(3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. | |
| 74 | 81 | ||
| 75 | 82 | ||
| 76 | 83 | ||
| 77 | - | ||
| 78 | - | ||
| 79 | - | ||
| 80 | - | (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. | |
| 81 | - | ||
| 82 | - | ||
| 84 | + | 87600. (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. | |
| 83 | 85 | ||
| 84 | 86 | (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. | |
| 85 | 87 | ||
| 86 | - | ||
| 87 | - | ||
| 88 | 88 | (c) (1) This section does not prohibit a Member of the Legislature from entering into or requesting a nondisclosure agreement that relates to the drafting, negotiation, or discussion of proposed legislation and that prevents only the disclosure of trade secrets, financial information, or proprietary information. | |
| 89 | 89 | ||
| 90 | - | ||
| 91 | - | ||
| 92 | 90 | (2) This section does not make void and unenforceable a nondisclosure agreement, or portion of a nondisclosure agreement, that relates to the drafting, negotiation, or discussion of proposed legislation and that prevents only the disclosure of trade secrets, financial information, or proprietary information. | |
| 93 | - | ||
| 94 | - | ||
| 95 | - | ||
| 96 | - | (d)For purposes of this section, the following terms have the following meanings: | |
| 97 | - | ||
| 98 | - | ||
| 99 | - | ||
| 100 | - | (1)Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation. | |
| 101 | - | ||
| 102 | - | ||
| 103 | - | ||
| 104 | - | (2)Drafting means developing language for proposed legislation to be considered by the Legislature. | |
| 105 | - | ||
| 106 | - | ||
| 107 | - | ||
| 108 | - | (3)Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. | |
| 109 | - | ||
| 110 | - | ||
| 111 | - | ||
| 112 | - | 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 of the Legislature acting in their official capacity.(d) For purposes of this section, the following terms have the following meanings:(1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation.(2) Drafting means developing language for proposed legislation to be considered by the Legislature.(3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. | |
| 113 | - | ||
| 114 | - | SEC. 2. Section 8923 is added to the Government Code, to read: | |
| 115 | - | ||
| 116 | - | ### SEC. 2. | |
| 117 | - | ||
| 118 | - | 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 of the Legislature acting in their official capacity.(d) For purposes of this section, the following terms have the following meanings:(1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation.(2) Drafting means developing language for proposed legislation to be considered by the Legislature.(3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. | |
| 119 | - | ||
| 120 | - | 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 of the Legislature acting in their official capacity.(d) For purposes of this section, the following terms have the following meanings:(1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation.(2) Drafting means developing language for proposed legislation to be considered by the Legislature.(3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. | |
| 121 | - | ||
| 122 | - | 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 of the Legislature acting in their official capacity.(d) For purposes of this section, the following terms have the following meanings:(1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation.(2) Drafting means developing language for proposed legislation to be considered by the Legislature.(3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. | |
| 123 | - | ||
| 124 | - | ||
| 125 | - | ||
| 126 | - | 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. | |
| 127 | - | ||
| 128 | - | (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. | |
| 129 | - | ||
| 130 | - | (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. | |
| 131 | - | ||
| 132 | - | (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. | |
| 133 | - | ||
| 134 | - | (3) Notwithstanding Section 8924, this section applies only to a Member of the Legislature acting in their official capacity. | |
| 135 | 91 | ||
| 136 | 92 | (d) For purposes of this section, the following terms have the following meanings: | |
| 137 | 93 | ||
| 138 | 94 | (1) Discussion means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation. | |
| 139 | 95 | ||
| 140 | 96 | (2) Drafting means developing language for proposed legislation to be considered by the Legislature. | |
| 141 | 97 | ||
| 142 | 98 | (3) Negotiation means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. | |
| 143 | 99 | ||
| 144 | 100 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 145 | 101 | ||
| 146 | 102 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 147 | 103 | ||
| 148 | 104 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 149 | 105 | ||
| 150 | 106 | ### SEC. 3. | |
| 151 | 107 | ||
| 108 | + | SEC. 4. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code, and further finds and declares that Members of the Legislature should serve the needs and respond to the wishes of all citizens equally when conducting the peoples business, and thus proposed legislation should be drafted, negotiated, and discussed with full transparency. | |
| 152 | 109 | ||
| 110 | + | SEC. 4. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code, and further finds and declares that Members of the Legislature should serve the needs and respond to the wishes of all citizens equally when conducting the peoples business, and thus proposed legislation should be drafted, negotiated, and discussed with full transparency. | |
| 153 | 111 | ||
| 154 | - | The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code, and further finds and declares that Members of the Legislature should serve the needs and respond to the wishes of all citizens equally when conducting the peoples business, and thus proposed legislation should be drafted, negotiated, and discussed with full transparency. | |
| 112 | + | SEC. 4. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code, and further finds and declares that Members of the Legislature should serve the needs and respond to the wishes of all citizens equally when conducting the peoples business, and thus proposed legislation should be drafted, negotiated, and discussed with full transparency. | |
| 113 | + | ||
| 114 | + | ### SEC. 4. |