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Legislative Year: 2021 Change
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Bill Detail: SB21-023

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Title Restrict Nondisclosure Agreements State Government
Status Senate Committee on Judiciary Postpone Indefinitely (03/18/2021)
Bill Subjects
  • State Government
House Sponsors
Senate Sponsors B. Kirkmeyer (R)
House Committee
Senate Committee Judiciary
Date Introduced 02/16/2021
Summary

The bill prohibits the state and any of its departments, institutions,
or agencies (state) from making it a condition of employment that an
employee or a prospective employee execute a contract or other form of
agreement that prohibits, prevents, or otherwise restricts the employee or
prospective employee from disclosing factual circumstances concerning
the individual's employment with the state (nondisclosure agreement)

except where the nondisclosure agreement is necessary to prevent
disclosure of:
  • Factual circumstances relating to the employment that
reasonably implicate privacy interests held by the employee
who is a party to the agreement; and
  • Matters required to be kept confidential by federal law or
rules or by state statute or matters bearing on the
specialized details of security arrangements or
investigations.
The bill prohibits nondisclosure agreements that prohibit state
employees from disclosing factual circumstances concerning their
employment. To the extent that an employer includes any such provision
in any employment contract or agreement, the provision is deemed against
public policy and unenforceable against a current or former employee
who is a party to the contract or agreement except where the provision is
intended to prevent disclosure of factual circumstances implicating the
employee's privacy interests or matters required to be kept confidential
under federal or state law or matters bearing on the specialized details of
security arrangements or investigations.
The bill prohibits the state from taking any retaliatory action
against an individual on the grounds that the individual does not enter into
a contract or agreement deemed to be against public policy and
unenforceable under the bill. Any person who enforces or attempts to
enforce a provision deemed against public policy and unenforceable
under the bill is liable for the employee's reasonable attorney fees and
costs in defending against the action.

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with Amendments
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