Bill Text: CA AB1370 | 2025-2026 | Regular Session | Introduced
Bill Title: Political Reform Act of 1974: nondisclosure agreements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-21 - Introduced. To print. [AB1370 Detail]
Download: California-2025-AB1370-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 1370
| Introduced by Assembly Member Patterson |
February 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 DIGEST
AB 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 act’s 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: YESBill 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, 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 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.
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 Agreements
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.
