Michigan House passes bills banning legislators’ nondisclosure agreements

LANSING — The Michigan House of Representatives on Feb. 25 voted to bar legislators and specified legislative staff from entering into nondisclosure agreements tied to their official duties, advancing two companion bills to final passage and ordering them to take immediate effect.

The bills — House Bill 4052, introduced by Representative Cara, which prohibits members of the legislature and certain legislative staff from entering into nondisclosure agreements, and House Bill 4053, offered by Representative Wegela to define terms used in the nondisclosure agreement act — passed on record roll-call votes after floor debate and unsuccessful amendments to expand Freedom of Information Act coverage.

Supporters said the bills are aimed at increasing transparency around matters that involve public funds and legislative oversight. Representative Wigala said the measures “would prevent legislators and their staff from signing nondisclosure agreements related to work in their legislative capacity,” calling the legislation “fundamental to our role as lawmakers.” Representative Morgan argued for a broader package tying the bills to FOIA changes, urging colleagues to choose “open honest government” over secrecy. Representative Mensah offered a similar amendment to link the bills to Senate Bills 1 and 2, which would expand FOIA to the Legislature and the governor’s office; that amendment also failed.

Floor action and amendments

On second reading, lawmakers adopted a committee substitute for HB4052. Representative Morgan offered an amendment (1a) seeking to tie HB4052 to pending FOIA expansion bills (SB1 and SB2); the clerk recorded that the amendment was not adopted. Representative Mensah later offered an amendment to tie HB4053 to SB1 and SB2; that amendment also was not adopted. The House advanced both bills to third reading and then placed each on immediate passage.

Vote results and effect

House Bill 4052 passed on a recorded roll call with 80 yeas and 28 nays. The majority floor leader moved for immediate effect, and that motion was ordered.

House Bill 4053 passed on a recorded roll call with 91 yeas and 17 nays. The majority floor leader again moved for immediate effect, and that motion was ordered.

What proponents and opponents said

Representative Morgan, arguing for a broader transparency approach, said the Legislature must choose “open honest government” and urged colleagues to adopt measures that allow public scrutiny rather than secrecy. Representative Mensah told the House, “For true government transparency, we must go beyond NDAs and also include FOIA protections.” Representative Wigala said NDAs have at times “trapped legislators in a code of silence” and prevented representatives “from fully and transparently communicating with our constituents.”

Votes at a glance

- House Bill 4052 (prohibit legislators and certain legislative staff from entering into nondisclosure agreements): Passed, 80–28; immediate effect ordered. - House Bill 4053 (definitions for the nondisclosure agreement act): Passed, 91–17; immediate effect ordered. - House Resolution 26 (commemorating Gulf War Victory Day, Feb. 28, 2025): Adopted (voice vote). - House Resolution 27 (Eating Disorders Awareness Week): Adopted (voice vote). - House Resolution 28 (resolution to condemn Obergefell v. Hodges): Referred to the Committee on Government Operations. - Enrolled Bill 4002 / Public Act No. 2 (message from the governor): Clerk reported the governor approved and signed enrolled bill 4002 (noted in the clerk’s messages).

The House adjourned with notice that it would stand adjourned until Wednesday, Feb. 26, 2025, at 6 p.m.