For years, government agencies at the state and federal level have relied on informal “guidance” documents to shape policy outside the rulemaking process. This informal process often takes place without public notice, legislative approval, or meaningful accountability. State legislatures are starting to push back.
Oklahoma became the first state in the nation to require guidance transparency by law when it enacted the Guidance Transparency Act, which requires state agencies to submit state and federal guidance documents to the Secretary of State for proactive publication online.
Lawmakers in Arizona and Georgia advanced legislation that would require agencies to publicly disclose and catalogue guidance documents that carry real-world consequences for residents, businesses, and local governments, but the bills ultimately fell short of passage.
The takeaway from 2026 is clear: the push for guidance transparency is no longer limited to executive orders, it has entered the legislative mainstream.
Oklahoma
Governor Kevin Stitt signed SB 1433, sponsored by Senator Micheal Bergstrom (R-Adair) and Representative Rob Hall (R-Tulsa), establishing new requirements for state agencies to disclose guidance documents, whether created at the state level or received from federal agencies. Under the law, agencies subject to Articles I and II of Oklahoma’s Administrative Procedures Act must submit those guidance documents to the Secretary of State on a quarterly basis for online publication in a searchable format. The bill is effective on November 6, 2026.
AFP-Oklahoma State Director John Tidwell on the signing of SB 1433:
SB 1433 is a historic win for Oklahomans, the first truly comprehensive guidance transparency package passed by any state. Governor Stitt, Sen. Michael Bergstrom, Rep. Rob Hall, and all lawmakers who supported this bill deserve a resounding thank you for codifying transparency into Oklahoma law. Their previous support for the REINS Act helped make this bill possible, and thanks to their work with us Oklahomans will no longer have to endure arbitrary requirements imposed through informal guidance.
Enacting the Guidance Transparency Act is an important first step toward giving Oklahomans greater insight into how their government operates. Just as importantly, it sets a strong example for other states seeking to restore accountability and sunlight to the regulatory process.
Arizona
Arizona SB1586, sponsored by Senator Shawnna Bolick, would have required state agencies to create a dedicated page on their websites to publish state guidance and any guidance received from the federal government. The bill passed the Arizona Senate and House but unfortunately was vetoed by Arizona Governor Hobbs.
Georgia
Lawmakers in Georgia introduced two guidance-related bills, HB 1062 and SB 22, which required the state Department of Education to publish and response to federal guidance. Neither bill received a vote on the floor.
Missouri
Missouri’s SB1277 required state departments to publish guidance received from the federal government within fifteen days of receipt on a department’s website. The bill failed to make it out of the Senate Government Efficiency Committee.
Nebraska
Nebraska’s LB565 required guidance issued by state agencies to be made available “at one public location and on the agency’s website, along with increased oversight for guidance documents.” The bill was introduced in 2025 and carried over in 2026, but failed to make it out of the Government, Military and Veterans Affairs Committee.
Bills from 2025
Arkansas
The Arkansas Guidance Out of the Darkness Act (HB1494) required state agencies to publish federal guidance on state agency websites. The bill failed to make it out of the House Committee on State Agencies and Government Affairs.
Montana
Montana’s HB481 required the Montana Department of Environmental Quality, the Department of Agriculture, and the Board of Oil and Gas Conservation to publish all guidance documents received from the Environmental Protection Agency on their websites. The bill failed to make it out of committee.
Resources:
- AFP’s Model Legislation: Guidance Out of Darkness Act (“GOOD Act”)
- Right on Transparency: Model Policy endorsed by nine right-of-center organizations
Kevin Schmidt is Director of Investigations for Americans for Prosperity Foundation.
