Panel approves bill to require public posting of agency guidance documents (House Bill 32 81)

A House committee voted unanimously to recommend House Bill 32 81, a measure that would require state agencies to publish guidance documents they create or rely upon.

Representative Hall, recognized to present HB 32 81, summarized the bill: "House Bill 32 81 requires guidance documents created or relied upon by state agencies to be published publicly." He moved adoption and answered follow-up questions about the bill's scope and implementation.

Representative Eves asked whether the bill is intended solely as a transparency measure. Representative Hall responded, "Yes," explaining the bill does not prohibit agencies from issuing guidance but would require that such guidance be posted so it is available for public review rather than kept internal.

Representative Ordon raised where the documents would be published. Representative Hall said the bill’s section 3 addresses that: agencies exempt from the Administrative Procedures Act (APA) would publish guidance on their own website and at their principal place of business; agencies subject to the APA would send guidance to the Secretary of State for publication under the Office of Administrative Rules.

Representative McCain asked whether the Secretary of State's office would need another full-time employee to manage the posting and whether the office had been consulted. Representative Hall said he had not asked that specific question of the Secretary's office, expressed doubt it would require an additional full-time employee, and noted the committee does not currently know how many guidance documents agencies issue because they are not required to publish them now.

Hall described how the bill targets broad agency statements, citing the definition language that mirrors the statute describing rules as "agency statement of general applicability" (a citation the presenter linked to Title 75, cited informally in the hearing). He and committee members used a recent anecdote — a case where an agency refused to provide an internal policy used to deny a citizen a requested action — to illustrate why mandated publication could matter to members of the public.

The committee made a motion, seconded, opened the vote and recorded all present voting in favor, 12 to 0. Representative Hall thanked the committee after the vote and the bill was recommended to move forward.

Committee staff later gave procedural guidance about reviewing rule packets and asked members to return rule reviews by Thursday; the chair emphasized checking statutory authority, adherence to the rulemaking process, and inclusion of a fiscal analysis when reviewing agency rules.