Senate approves two FOIA bills extending requests to governor, legislature

The Michigan Senate on the floor passed two bills that amend the state Freedom of Information Act to bring the governor's office and the legislature under FOIA requests, voting for final passage on both measures by recorded tallies of 33 yes, 2 no and 2 excused.

The bills, identified in the session as Senate Bill 1 and Senate Bill 2 and described on the floor as amendments to the Freedom of Information Act, were discussed at length before each final passage vote. Sponsors said the bills close a longstanding transparency gap by subjecting the governor's office and legislative offices to the same public-records process that applies to other public bodies.

Senator Lindsey, sponsor of the floor substitute for both bills, said the substitute “adds [the independent redistricting commission] to the list of legislative bodies that would be under FOIA” and urged colleagues to support the change. Senator Lindsey also offered a substitute for each bill to address technical issues and carve-outs discussed on the floor.

Supporters described the bills as overdue. Senator Moss said she was “supportive of that concept” and asked that her remarks be entered into the record, adding she is open to further conversations to refine the legislation.

Opponents and skeptical senators raised concerns about exemptions in the bills and the process used to advance them. One senator on the floor described the measures as offering too many carve-outs and said the package was “more bark than bite” on transparency, though the senator also said they would give the bills a reluctant yes vote in the interest of moving the matter forward. Minority Floor Leader Lauer framed his opposition to final passage as a protest against procedure, saying he voted against the bills because they advanced to the floor without committee consideration.

Two Lindsey floor substitutes were considered in separate roll calls and both substitutes failed on the floor (one recorded as receiving 13 aye votes, the other receiving 10 aye votes). After those amendment votes failed, the full bills proceeded to final passage votes. On the final passage of Senate Bill 1 the secretary announced “33 votes, 2 no votes, and 2 excused,” and the clerk declared the bill passed. On Senate Bill 2 the secretary announced the same tally: “33 yes votes, 2 no votes, and 2 excused,” and the bill passed.

The bills include multiple exemptions discussed on the floor, including exemptions for certain short-term records held by the governor's office and for ongoing internal investigations; sponsors said some exemptions track compromises made in prior drafts and are intended to protect sensitive personnel and deliberative budget materials. Sponsors also discussed language changes intended to prevent gaming of the 30‑day retention exemption and to limit the scope of investigation-based exemptions.

The floor debate also included discussion of how FOIA coordinators for legislative offices would be appointed and whether the coordinator roles could be politicized. Senator Lindsey described proposals to assign coordinators so that both majority and minority offices would have representation in handling legislative FOIA requests.

Votes at a glance

- Senate Bill 1 (amend FOIA): final passage — approved; recorded tally 33 yes, 2 no, 2 excused. Lindsey substitute amendment considered and failed (13 aye votes). No further amendments pending at final passage.

- Senate Bill 2 (amend FOIA): final passage — approved; recorded tally 33 yes, 2 no, 2 excused. Lindsey substitute amendment considered and failed (10 aye votes). No further amendments pending at final passage.

Formal resolution

- Senate Resolution 4 (recognizing Catholic Schools Week): adopted by voice vote on the floor after the rules were suspended to allow immediate consideration.

Background and next steps

Supporters said the measures correct what they called an anomalous gap that has left the governor's office and some legislative records outside FOIA. Sponsors and supporters also said they expect the bills to be sent to the House for consideration. Opponents emphasized remaining questions about exemptions and the appointment of FOIA coordinators and urged additional committee review.

The bills as passed on final reading will be transmitted to the House; the text of the floor substitutes and the full bills are available on the Senate’s session web page as referenced on the floor.