Michigan Moves Towards Expanding Open Records Laws
In a significant legislative move, Michigan is advancing efforts to broaden its open records laws to encompass the governor’s office and the Legislature. On Wednesday, the Michigan Senate approved a set of bills aimed at expanding the state’s Freedom of Information Act (FOIA), a step forward in a long-standing effort to increase transparency.
Unlike most states, Michigan has historically exempted the governor and lawmakers from FOIA requests. Senator Jeremy Moss (D-Southfield), a key advocate for the legislation, emphasized the necessity for reform, citing corruption scandals as evidence of the need for enhanced transparency measures.
“I don’t know what more we could say to make the case for this, because the bad behavior and the darkness over this Capitol building makes the case better than we can,” Moss remarked following the Senate session.
However, the legislation has faced criticism for its exceptions, particularly for policy recommendations, records retained for less than 30 days, and communications with constituents. State Senator Jim Runestad (R-White Lake) expressed skepticism, describing the bills as lacking substantial impact.
“Michigan ranks among the worst states in government transparency, and taxpayers deserve to have real measures that will push open wide the door on government secrecy, not merely cracks in the blinds,” Runestad stated prior to the Senate vote.
Proponents of the bill package argue that the exceptions are necessary for the legislative process to function effectively. Runestad also expressed unease about the potential politicization of FOIA coordinator appointments, as they would be made by each chamber’s leader. Despite his reservations, he voted in favor of the bills.
The Senate approved the package with minimal opposition, with only two dissenting votes.
In contrast, the House of Representatives has previously stalled similar legislation. Republican House Speaker Matt Hall (R-Richland Twp) indicated that swift movement on these bills should not be anticipated, as he prioritizes other transparency initiatives, such as making the budget process more open.
Nevertheless, Senator Ed McBroom (R-Vulcan), a co-sponsor of the bills, remains optimistic about gaining support. He highlighted the growing public and political backing for transparency reforms, based on commitments made during campaign trails.
McBroom has been in dialogue with Hall, who has shown support for similar bills in the past, and McBroom remains hopeful of Hall’s backing.
On a related note, the House unanimously passed a resolution requiring legislators to disclose the special projects they endorse in the budget prior to voting. This move could potentially lead to a mutual agreement between the House and Senate to address each other’s transparency priorities.
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