Assembly BillChaptered/SignedGovernment
AB 1370: State Legislature: nondisclosure agreements.
What AB 1370 does, verified December 7, 2025
The bill aims to prohibit members of the legislature from entering into nondisclosure agreements related to proposed legislation. This would prevent conflicts of interest and ensure transparency in the legislative process. The bill would also make any agreements entered into after the effective date void and unenforceable, except for those that prevent the disclosure of trade secrets, financial information, or proprietary information. The bill creates a new crime under the act, punishable as a crime, and requires reimbursement for certain costs mandated by the state.
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Last action: Chaptered by Secretary of State - Chapter 191, Statutes of 2025. (2025-09-04)Alert me
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| Oct. 01, 2025 | Chaptered by Secretary of State - Chapter 191, Statutes of 2025. |
| Oct. 01, 2025 | Approved by the Governor. |
| Sep. 22, 2025 | Enrolled and presented to the Governor at 3 p.m. |
| Sep. 10, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3178.). |
| Sep. 10, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3178.). |
Latest bill textChaptered version, October 1, 2025 · 747 words
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.
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 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.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.Text of AB 1370 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions