Committee advances Guidance Transparency Act to require searchable database of agency guidance
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Summary
The Administrative Rules Committee voted 7-2 to advance SB 1433, which would require state agencies to publish guidance documents in a searchable database under the Oklahoma Administrative Procedures Act to prevent guidance that functions like law from bypassing rulemaking.
Senate Bill 1433, the Guidance Transparency Act, was advanced by the Senate Administrative Rules Committee on a 7-2 vote.
Senator Bergstrom, the bill's sponsor, told the committee that the bill "ensures that state agencies cannot quietly regulate Oklahomans through guidance documents that never go through the rulemaking process." The measure would place disclosure requirements for agency guidance within the Oklahoma Administrative Procedures Act and require a searchable public database of such documents.
Bergstrom said he has discussed the bill with the governor's office and the secretary of state, who are "fully in favor" and that they believe the new disclosure system can be set up without major expense; a fiscal estimate was still pending during the committee meeting.
Committee members raised concerns about added staff burdens to maintain a searchable database and whether earlier attempts to collect guidance documents had failed. Bergstrom pointed to prior legislation requiring the State Department of Education to publicly post certain documents as an example and said he was working to tighten the bill's language so agencies could not circumvent disclosure requirements.
The committee recorded seven ayes and two nays on the motion to advance the bill. The clerk's roll call and the chair's announcement reflect that SB 1433 passed the committee and will be considered further in the legislative process.