Bills sponsors remain optimistic that Michigan could see bipartisan FOIA reform this term

Michigan Capitol | Susan J. Demas

State Sens. Jeremy Moss (D-Southfield) and Ed McBroom (R-Vulcan) have long advocated for changes to Michigan’s Freedom of Information Act (FOIA), and with the Senate this summer passing their latest effort, the two lawmakers are optimistic that reform is in sight. 

At the end of June, the Michigan Senate voted to advance Senate Bills 669 and 670, with members symbolically opening the shutters in the chamber to let the sun shine on government after the legislation passed in a vote of 36-2. 

Moss’ and McBroom’s legislation would expand Michigan’s Freedom of Information Act to include the governor’s office and the Legislature, both of which are currently exempt from records requests. However, the bills do contain exemptions for multiple state agencies, including the House and Senate Fiscal Agencies and the Legislative Service Bureau.

Senate symbolically lets the sunshine in as FOIA reform bills advance to the House

While speaking with the Advance last week, McBroom said he thought FOIA reform was one of the few issues that could get significant bipartisan support in the remaining days of this legislative session. With all 110 seats in the Michigan House of Representatives up for election, 2025 will mark the beginning of a new Legislature. 

After passing through the Senate, the FOIA reform bills were referred to the House Government Operations Committee, chaired by Rep. Tullio Liberati (D-Allen Park). 

While a referral to that committee can serve as a death knell for legislation, Moss remains optimistic that the bills could become a priority for the House. 

“Gov Ops is always like, one of two things. It’s either where bills go to die or bills go to move. And there’s no in between. It’s something that either is concerning or it’s a priority. We are leaning on the ‘it’s a priority’ angle on this,” Moss said. 

Alexander McDowell, a constituent correspondent and legislative aide for Liberati’s office, told the Advance that while the office had not made a decision on whether hearings would be held on the bills, staff would be meeting in the next few days to plan what the coming months will hold for the committee. 

While reflecting on the almost 10 years since he and McBroom began working on the issue together, Moss said the issue has been elevated within the state. 

“As I look at this 10-year journey from when we first started this process, to where we are now, every lawmaker now on the campaign trail, if you’re running for state office from governor down to state representative, you get asked about FOIA,” Moss said. 

Michigan has previously ranked dead last in the nation for government integrity, with the Center for Public Integrity grading Michigan as an “F” in its 2015 state integrity investigation, receiving failing scores in multiple categories including public access to information, executive accountability and legislative accountability. 

“I think we have enough people on record from both parties that have committed to this,” Moss said.

“I’m very hopeful that this can be elevated to a priority, because I think there’s just enough of a groundswell, not only within our communities and our newspapers and the like, but also within our Legislature that have identified this as one of those nonpartisan, bipartisan priorities to get moving. … We’re going to continue to push and lean on our House colleagues to elevate this,” Moss said.