Michigan Senate finally passes bill to extend FOIA to governor and legislature

Michigan is one of only two states that prohibits the governor’s office and the legislature from releasing records under the Freedom of Information Act.

That could soon change after the state Senate passed bipartisan legislation on Thursday that aims to expand FOIA to the executive and legislative branches of state government.

The House passed the two bills by a vote of 36 to 2. Senators Jon Bumstead (R-North Muskegon) and Jonathan Lindsey (R-Allen) voted against the bill.

It’s been a long time coming. Senators Jeremy Moss (D-Southfield) and Ed McBroom (R-Vulcan) first introduced the bills nine years ago when they were in the state House of Representatives.

Eventually, the bills will be presented to the state House of Representatives for a vote, but legislation must wait until the House returns from its summer recess.

“We can no longer tolerate any more scandals in Lansing, enabled by the dark areas in the law where they can exist,” Moss said in a statement. “We have finally achieved the elusive Senate vote to expand FOIA, and our majority is beginning a new chapter of openness in our state.”

If the House passes the bill as expected, Governor Gretchen Whitmer will likely sign it. When she ran for her first term in 2018, Whitmer said expanding FOIA was a priority.

McBroom said the legislation will shed more light on elected officials.

“There are many ways to make our state government more accountable, and this one should have been put in place years ago,” McBroom said. “I hope we get this passed and continue to work on putting citizens at the center of government.”

The governor and the legislature have been exempt from FOIA since the law was passed in 1976.

Michigan and Massachusetts are the only states in the country that allow the governor’s office and the legislature to circumvent FOIA.

Michigan’s state government has struggled with significant voter trust issues, ranking last in the nation in integrity in a 2015 report by the Center for Public Integrity.

In November 2022, after state lawmakers failed to act, Michigan voters approved a measure creating new disclosure requirements for the governor, lieutenant governor, secretary of state, attorney general and state legislators. Under Proposition 1, elected state officials must file annual reports detailing their assets and sources of income, positions outside state government, and agreements or understandings regarding future employment, gifts received and travel expenses.

State lawmakers say the FOIA legislation is an important step toward restoring voter confidence.

“The passage of this bipartisan legislation demonstrates our firm commitment to increasing government transparency and accountability and thereby restoring public trust in our institutions,” said Senate Majority Leader Winnie Brinks of Grand Rapids, Democrat.

Additional measures are needed to create more transparency and trust, said State Senator Michael Webber (R-Rochester Hills).

“There is still a lot of work ahead of us and I will continue to advocate for greater transparency at all levels of government,” Webber said. “A government that is for the people and by the people works best when it is visible to all.”