On Friday, Oklahoma took a major step toward regulatory transparency by enacting the Guidance Transparency Act, a new law requiring state agencies to submit state and federal guidance documents to the Secretary of State for proactive publication online. Oklahoma is the first state in the nation to require guidance transparency by law.
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. Under the law, agencies subject to Articles I and II of Oklahoma’s Administrative Procedures Act must submit all guidance documents to the Secretary of State on a quarterly basis for online publication in a searchable format.
Rep. Hall said the state should make it clear which agency documents are legally binding and how regulatory decisions are being made:
By requiring these documents to be accessible, we’re creating more transparency and helping the public better understand how decisions are made and which government agency documents are legally binding.
Sen. Bergstrom noted that the new law addresses long‑standing transparency gaps in how guidance documents are developed and used:
With the Guidance Transparency Act now law, we’re correcting internal processes that allowed agencies to act without enough transparency. Guidance documents will now be disclosed to the public and easy to access, resulting in clearer rules and greater accountability.
This legislation draws on reform concepts advanced by Americans for Prosperity’s Guidance Out of Darkness Act (GOOD Act) and the Right on Transparency Model Policy, which has been endorsed by nine right-of-center organizations committed to open government and accountability.
Why Guidance Transparency?
On both the state and federal levels, government agencies often issue guidance documents to interpret or clarify statutes and regulations. Although such guidance technically lacks the force of law, agencies frequently treat it as binding, using it to enforce interpretations without formal rulemaking and, in most cases, without public scrutiny. Further, after Oklahoma passed the REINS Act in 2025 requiring legislative approval of “major” rules, this legislation will ensure agencies do not try to circumvent that law by regulating through guidance.
Unlike regulations, guidance documents are not usually subject to the procedural requirements of the federal Administrative Procedure Act or its state-law corollaries. A guidance document, for example, is not typically subject to a public notice-and-comment period as with most rulemaking. Many of these guidance documents are sent to states to express the federal government’s views on the state’s obligations and programs they co-administer. Essentially, arcane federal guidance documents often impact state laws and policies.
From Executive Orders to Statute
While other states have taken steps toward guidance disclosure, Oklahoma is the first to require comprehensive, centralized publication through statute.
Alaska and Virginia currently rely on executive orders to require online disclosure of guidance documents—with Virginia’s order currently set to expire on June 30, 2026 absent action by the new governor. In contrast, Oklahoma’s law creates a durable, statutory framework that applies across agencies and administrations.
Other legislative efforts have fallen just short. Earlier this year, Arizona Governor Katie Hobbs vetoed SB 1586, a guidance transparency bill that would have established similar disclosure requirements. Oklahoma’s success demonstrates that meaningful guidance reform is both achievable and sustainable.
A Model for Other States
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.
The bill is effective on November 6, 2026. We look forward to sharing updates as the guidance portal launches and agencies begin publishing state and federal guidance.
Kevin Schmidt is Director of Investigations at Americans for Prosperity Foundation.
Ryan P. Mulvey is Senior Policy Counsel at Americans for Prosperity Foundation.
