Moss and McBroom’s bipartisan bills will allow public to request records from Michigan lawmakers and governor’s office, improving government transparency and helping restore public trust
LANSING, Mich. (Feb. 7, 2024) — Today, the Senate Oversight Committee heard testimony from Sen. Jeremy Moss (D-Southfield) and Sen. Ed McBroom (R-Waucedah Twp.) on Senate Bills 669 and 670, their legislation to expand the application of the Freedom of Information Act to the Michigan Legislature, the governor and the lieutenant governor. These pivotal bills will help bring more transparency to state government and provide Michiganders with greater ability to learn about and understand the decisions of their state government.
“Over the last few years in the Michigan Legislature, the unscrupulous behavior of some of our colleagues have raised ethical questions, at best, and criminal charges, at worst, made headlines across our state and tarnished this entire institution,” said Sen. Moss. “Those actions from bad actors were only made possible by the dark areas in our law in which they could exist — chiefly among them, that legislative records in Michigan never have to be made public. Forty-eight other states have figured out how to apply the Freedom of Information Act to their legislatures or governor. We have to catch up with the rest of the country where journalists and residents alike can serve as watchdogs over their government.”
Enacted in 1976, Michigan’s FOIA law is nearly alone in the nation in carving out state lawmakers and the governor’s office from being subject to records requests. This exemption contributes to the 2015 report from the Center for Public Integrity which gave Michigan an F in government integrity, and the state ranked dead last — failing 10 out of 13 categories, including public access to information, executive accountability, and legislative accountability.
“Public service should go hand-in-hand with public trust and public access, and this legislation will ensure that,” said Sen. Sam Singh (D-East Lansing), Chair of the Senate Oversight Committee. “We honor transparency and public access requirements on our legislative meetings and hearings, and it’s time to apply FOIA requirements to the legislature and Governor just as they do for our local governments and state departments. I am proud to have my committee continue to play a key role in uplifting and enacting important government reforms to improve access and transparency.”
Since Sens. Moss and McBroom served together in the Michigan House beginning in 2015, the two have worked in a bipartisan fashion to shine light on the Michigan Legislature and the Executive Office of the Governor and press forward through many sessions to keep this issue moving.
“The growth and persistence of support for more transparency in our state government shows how much the public expects and demands us to pass this legislation now,” said Sen. McBroom. “Having laws requiring openness of our government actions and records is a statement of our values in this government of, by, and for the people: it is their government and they must have the right and tools to hold it accountable. In these times of skepticism and cynicism toward our government and elected leaders it is imperative we seek real reforms to empower the citizens and show our faithful execution of our oaths to them.”
Senate Bills 669-670 differ from past efforts by including the Legislature in FOIA, instead of creating a separate open records act for the State House and Senate. This new approach, following years of Senate inaction, was refined by the bill sponsors with input for the very first time from the office of the Majority Leader and Senate Business Office.
In addition to testimony from Sen. Moss and Sen. McBroom, a diverse group of stakeholders indicated support for the legislation at today’s hearing, including the Michigan Press Association, the Mackinac Center for Public Policy, ACLU of Michigan, Progress Michigan, and Voters Not Politicians. A full recording of the hearing can be found here.
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