Representative Gann’s bill would bar NDAs in state incentive negotiations; committee left it in committee

Representative Gann presented House Bill 1068 to the Oklahoma House General Government Committee on Oct. 12, proposing that state and local governmental entities not enter nondisclosure agreements with businesses negotiating for tax credits or other direct or indirect incentives.

"The taxpayers have a right to know where their money is going, and that's what this bill is designed to do," Gann said when introducing the measure. He said the bill would not require businesses to disclose proprietary information; the bill's language explicitly preserves an exception allowing entities to withhold proprietary trade secrets while requiring disclosure that a business is seeking public incentives.

Representative Trump questioned whether the bill might hinder a state's ability to attract businesses that want confidentiality during early-stage site-selection discussions. "Would you not think that was important to meet someone and visit about that kind of private… besides publishing it all over?" Trump asked. Gann replied the bill would not bar early informal talks but would require disclosure when a company makes a formal application or receives incentives.

Chairman Strong noted there was no motion to advance HB 1068. "Seeing no motion, this will stay property of the committee," he said; the bill was not adopted or reported out of the committee at this hearing.

Discussion versus action: committee members debated the bill's balance between transparency and protection of proprietary information; the sponsor said the measure is narrowly targeted at disclosure once incentives or applications are in play. No formal vote was recorded and the bill was not advanced.

Ending: HB 1068 remains in committee and may be reintroduced for consideration at a later date if the sponsor seeks a motion to report the bill out of committee.