SB 994: Local agencies: nondisclosure agreements.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 2 · Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 27, 2026Chaptered by Secretary of State. Chapter 669, Statutes of 2026.
2. September 27, 2026Approved by the Governor.
3. August 21, 2026Enrolled and presented to the Governor at 3 p.m.
4. August 18, 2026Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5517.) Ordered to engrossing and enrolling.
5. August 18, 2026In Senate. Concurrence in Assembly amendments pending.
6. August 17, 2026Read third time. Passed. (Ayes 73. Noes 0. Page 6207.) Ordered to the Senate.
7. August 13, 2026Ordered to third reading.
8. August 13, 2026Read third time and amended.
9. August 6, 2026Ordered to third reading.
10. August 6, 2026From consent calendar on motion of Assembly Member Aguiar-Curry.
11. August 6, 2026Read second time. Ordered to consent calendar.
12. August 5, 2026From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 5).