A California bill that would prohibit state lawmakers from using non-disclosure agreements when crafting new laws has moved forward in the legislature.
The bill seeks to update California’s Political Reform Act of 1974 to prohibit lawmakers from signing NDAs or asking other people to enter into one. However, an exception will be made for NDAs that specifically shield private business information.
“A violation of the Political Reform Act of 1974 is punishable as a misdemeanor,” according to the bill’s text.
AB 1370, introduced by Assemblymember Joe Patterson (R-Rocklin), is the third attempt to prohibit the use of NDAs in state government.
Investigations by KCRA 3 found that state lawmakers utilized NDAs about a new $1.2 billion office building for lawmakers and during the negotiation process of California’s fast-food wage law.
“Gov. Gavin Newsom’s office oversaw the negotiations and allowed NDAs to cover the conversations at the insistence of a major labor organization. Newsom’s office has said neither the governor nor his staff signed them. Since then, no one has been able to explain the bakery exemption, but multiple sources have told KCRA 3 it was for one of the governor’s billionaire donors who is also a Panera franchisee,” the publication reported.
Experts have also noted that their use in government is a violation of the First Amendment by limiting free speech and the freedom of the press.