Government Code section 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.
Source:
Section 8923, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=8923. (updated Jan. 1, 2026; accessed Dec. 15, 2025).
