8923
Effective Jan 1, 2026Added by Stats. 2025, Ch. 191, Sec. 2. (AB 1370) Effective January 1, 2026.
- (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.