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Michigan House passes bills banning nondisclosure agreements for lawmakers, staff
Summary
The Michigan House voted to bar legislators and certain legislative staff from signing nondisclosure agreements related to their official duties, rejecting amendments that would have tied the measure to expanded Freedom of Information Act coverage.
The Michigan House on the floor passed two bills that prohibit members of the legislature and certain legislative staff from entering nondisclosure agreements related to their legislative duties, backers said, as part of an effort to increase openness around government work.
Supporters said the bills are intended to prevent public officials from being blocked by NDAs from sharing information about projects that use public funds. Representative Morgan urged colleagues to strengthen transparency by linking the bills to broader public-records reforms, saying, "True transparency demands that we go further." Representative Mensah made a similar appeal, offering an amendment to tie the measure to proposed legislation that would expand Freedom of Information Act coverage to the legislature and the governor's office.
Both amendments to tie the bills to FOIA expansion failed on the floor. Representative Morgan's amendment to link House Bill 4052 to Senate bills expanding FOIA was not adopted; Representative Mensah's parallel amendment to House Bill 4053 also failed. Representative Cara, sponsor of House Bill 4052, said of the package: "This legislation is simple. It's to say that we should not be signing nondisclosure agreements in our legislative capacity and neither should our staff." Cara cited a recent Detroit News item, saying "1 in 5 members have signed a nondisclosure agreement," as part of the case for the bills.
House Bill 4052 (introduced by Representative Cara) and House Bill 4053 (introduced by Representative Wigela) were each placed on third reading and passed on record roll-call votes. The clerk announced that House Bill 4052 passed with 80 ayes and 28 nays. House Bill 4053 passed with 91 ayes and 17 nays. After each bill's passage, the majority leader moved for immediate effect and the House ordered immediate effect for both measures on the floor.
Votes at a glance: House Bill 4052 — Prohibits legislators and certain legislative staff from entering nondisclosure agreements related to legislative duties. Sponsor: Representative Cara. Floor action: amendment tying bill to FOIA expansion offered by Representative Morgan (not adopted); advanced to third reading; passed 80–28; immediate effect ordered. House Bill 4053 — Provides definitions and related provisions for the nondisclosure agreement act. Sponsor: Representative Wigela. Floor action: amendment tying bill to FOIA expansion offered by Representative Mensah (not adopted); advanced to third reading; passed 91–17; immediate effect ordered.
The debate on the House floor focused on transparency and accountability. Proponents argued NDAs can prevent legislators from fully informing constituents about publicly funded projects; proponents of amendments said those concerns also support extending FOIA coverage to the legislature and the governor's office. Opponents of the amendments did not prevail, and legislators moved the bills forward without the FOIA tie-bar.
The record on the floor shows the House adopted the two bills and ordered them to take immediate effect under House rules. The transcript does not record gubernatorial action, implementation details, or any subsequent administrative steps.
