CaliforniaLocal agencies: nondisclosure agreements.
What it does
Existing law, the legislative code of ethics, 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. Existing law also makes any nondisclosure agreement relating to the drafting, negotiation, or discussion of proposed legislation entered into after January 1, 2026, 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.
More detail
This bill would prohibit a local agency official, as defined, acting in their official capacity from entering into, or requesting that another individual enter into, a nondisclosure agreement relating to public business that precludes their ability to share information with fellow local agency officials serving on the same council, board, commission, district, or agency. The bill would require a local agency official in violation of that provision to, among other things, disclose the existence of the nondisclosure agreement, as specified, and would provide that these requirements imposed on a local agency official also apply to a local agency official acting in their official capacity who entered into, or requested that another individual enter into, a nondisclosure agreement described above before January 1, 2027. By imposing additional duties on local agency officials, the bill would impose a state-mandated local program. The bill would also make any nondisclosure agreement relating to public business that precludes the ability of a local agency official to share information with fellow local agency officials serving on the same council, board, commission, district, or agency and that is entered into after January 1, 2027, void and unenforceable.
The bill would prohibit an employee of a local agency or a local agency official acting in their official capacity from entering into, or requesting that another individual enter into, a nondisclosure agreement relating to public business that precludes their ability to share information with the local agency official who they serve or the governing body of the local agency that employs them. The bill would also make any nondisclosure agreement relating to public business that precludes the ability of a local agency official acting in their official capacity to share information with the local agency official who they serve under or the governing body of the local agency that employs them, and that is entered into after January 1, 2027, void and unenforceable. The bill would provide that it does not apply in specified circumstances. The bill would require a local agency official in violation of a prescribed provision to, among other things, disclose the existence of the nondisclosure agreement, as specified, and would provide that these requirements imposed on a local agency official also apply to a local agency official acting in their official capacity who entered into, or requested that another individual enter into, a nondisclosure agreement described above before January 1, 2027.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 27Chaptered by Secretary of State. Chapter 669, Statutes of 2026.Latest
- Sep 27Approved by the Governor Gavin Newsom.Became Law
- Aug 21Enrolled and presented to the Governor at 3 p.m.To Governor
- Aug 18Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5517.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB994 Cabaldon et al. Concurrence. Result: pass.Upper
- Aug 18In Senate. Concurrence in Assembly amendments pending.
- Aug 17Read third time. Passed. (Ayes 73. Noes 0. Page 6207.) Ordered to the Senate.Passed Assembly
- Vote recorded SB 994 Cabaldon Senate Third Reading By Carrillo. Result: pass.Lower
- Aug 13Ordered to third reading.Minor
- Aug 13Read third time and amended.Major
- Aug 6Ordered to third reading.Minor
- Aug 6From consent calendar on motion of Assembly Member Aguiar-Curry.
- Aug 6Read second time. Ordered to consent calendar.Minor
- Aug 5From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 5).Minor
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Jul 2From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on APPR.Minor
- Jul 1
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Jun 22From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.Major
- Jun 9From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (June 9). Re-referred to Com. on L. GOV.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Local Government] with recommendation: To Consent Calendar. Result: pass.Lower
- May 26Referred to Coms. on JUD. and L. GOV.Minor
- May 20In Assembly. Read first time. Held at Desk.Minor
- May 19Read third time. Passed. (Ayes 39. Noes 0. Page 4363.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading SB994 Cabaldon et al. Result: pass.Upper
- May 18Read second time. Ordered to third reading.Minor
- May 14From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- May 11May 11 hearing postponed by committee.
- May 4Set for hearing May 11.
- Apr 23Read second time and amended. Re-referred to Com. on APPR.Major
- Apr 22From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 4013.) (April 22).Major
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Apr 9Set for hearing April 22.
- Mar 24From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To consent calendar. (Ayes 12. Noes 0. Page 3659.) (March 24). Re-referred to Com. on L. GOV.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Local Government] with the recommendation: To Consent Calendar. Result: pass.Upper
- Mar 16Set for hearing March 24.
- Feb 18Referred to Coms. on JUD. and L. GOV.Minor
- Feb 9From printer. May be acted upon on or after March 8.
- Feb 5Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced