Assemblyman Vince Fong. (Photo: Kevin Sanders for California Globe)
New Assembly Bill Would Ban NDAs in Legislative Negotiations
This prohibition would apply to lobbyists, public officials, Members or employees of the Legislature, and employees of the Governor’s Office
By Chris Micheli, April 19, 2024 6:25 am
By Chris Micheli
On April 18, 2024, Assemblyman Vince Fong amended his AB 2654 to ban the use of nondisclosure agreements (NDAs) in legislative negotiations. The bill would amend the Political Reform Act of 1974 (adopted by the voters as Proposition 9) by adding Government Code Section 86207.
Because the bill proposes to amend the Political Reform Act, AB 2654 would need a 2/3 vote in each house of the California Legislature, as well as approval by the Governor, in order to be enacted.
AB 2654 would add language to the Government Code to prohibit specified individuals from entering into or requesting that another party enter into a nondisclosure agreement relating to drafting, negotiating, discussing, or creating legislation. This prohibition would apply to lobbyists, public officials, Members or employees of the Legislature, and employees of the Governor’s Office.
In addition, AB 2654 would make any nondisclosure agreement relating to legislation void and unenforceable if entered into after this bill becomes law. The bill is currently pending in the Assembly Committee on Governmental Organization.
- California Courts and the Legislative Open Records Act - December 19, 2024
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NDAs were used (by the unions, e.g., SEIU) to shut out interested parties (e.g. restaurant owners and others) during negotiations regarding the so-called “Fast Food Minimum Wage” legislation. Vince Fong’s bill is thus relevant to THAT shameful episode and others that were not as much publicized and discussed out here in the public. We need to support this bill and only hope it will have a chance.
Showandtell, agreed, but Mr. Fong is a Republican and a review of California legislation during the past 10 years indicates that his bill will never make out of the first committee hearing. That is the insane asylum that California politics has become.
Fed Up, you are right again (unfortunately).
But sometimes, if done effectively (e.g., Asm Bill Essayli, God bless him) it can keep whatever the issue is alive and open for discussion. I agree it’s a small reward, though. But for the big stuff it shows us they are paying attention and willing to give it their all. Sigh!