CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

98

Introduced by Assembly Member Patterson

(Coauthors: Assembly Members Alanis, Castillo, Davies, DeMaio, Dixon, Ellis, Gallagher, Jeff Gonzalez, Hadwick, Hoover, Johnson, Macedo, Sanchez, Tangipa, and Wallis)

January 28, 2026

An act to add Section 11000.3 to the Government Code, relating to state government.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law prohibits 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, and makes any nondisclosure agreement relating to the drafting, negotiation, or discussion of proposed legislation void and unenforceable. Existing law provides an exception for nondisclosure agreements, or portions thereof, that prevent only the disclosure of trade secrets, financial information, or proprietary information, as specified.

This bill would prohibit an elective or appointive officer of a state agency acting in their official capacity from entering into, or requesting that another party enter into, a nondisclosure agreement relating to the drafting, negotiation, or discussion of a proposed regulation or legislation. The bill would also make any nondisclosure agreement relating to the drafting, negotiation, or discussion of a proposed regulation or legislation entered into by an elective or appointive officer of a state agency acting in their official capacity 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, private financial information, or proprietary information, as specified.

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

SECTION 1.

Section 11000.3 is added to the Government Code, to read:

11000.3.

(a) Except as provided in paragraph (1) of subdivision (c), an elective or appointive officer of a state agency 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 a proposed regulation or legislation.

(b) Except as provided in paragraph (2) of subdivision (c), any nondisclosure agreement relating to the drafting, negotiation, or discussion of a proposed regulation or legislation entered into or requested by an elective or appointive officer of a state agency acting in their official capacity after the effective date of this section shall be void and unenforceable.

(c) (1) This section does not prohibit an elective or appointive officer of a state agency from entering into or requesting a nondisclosure agreement that prevents only the disclosure of trade secrets, private 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, private 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 a proposed regulation or legislation.

(2) “Drafting” means developing language for a proposed regulation or legislation pursuant to this chapter.

(3) “Negotiation” means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed regulation or legislation that may resolve a dispute involving those interests.