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Michigan consistently ranks as one of the worst states in the nation in government transparency. A key reason is that neither the governor nor the Legislature is subject to our open records law, the Freedom of Information Act. FOIA allows citizens to request public records so they can better understand the inner workings of government. Extending the Freedom of Information Act to the governor and Legislature would empower citizens and provide greater transparency.
The most recent attempts to expand FOIA law have failed. This year might be different. Senate bills 669 and 670 have bipartisan support, and it appears legislators have already negotiated them with the governor. These bills are not perfect, but they are a step in the right direction.
SB 669 and SB 670 expand the open records law to cover the governor’s office and the Legislature, opening a new avenue for holding government officials accountable. But new branch-specific exemptions in these bills threaten to weaken gains for transparency. Many of these exemptions are unnecessary and could be handled by existing exemptions. Still, the bills improve FOIA law by allowing citizens access to information previously unavailable to them.
The bills are supported by a broad coalition of transparency advocates, including the Mackinac Center, the Michigan Coalition of Open Government, the Michigan Press Association, the ACLU of Michigan, and Voters Not Politicians. Each of these organizations testified in favor of these bills when they were considered at a recent committee hearing. While the advocates had various concerns, they reached the same conclusion: The bills, though imperfect, are a step in the right direction.
The bills have not yet received a vote, but the Mackinac Center will follow their progress closely.
Legislators have proposed other FOIA reforms this session. A House bill package (HB 5422- 5427) suggests even broader reforms. It would completely close loopholes and promote a more pro-transparency approach to open records requests. Many of the changes in these bills echo suggestions from a Mackinac Center study published last year.
Michigan has long needed better transparency laws. With luck, 2024 could be the year we get them.
