Michigan Senate Bill SB0002

Michigan 2025-2026 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25
• Report Pass: 1/23/25
• Engrossed: 1/29/25
• Refer: 1/29/25

Caption

Civil rights: public records; applicability of the freedom of information act to the legislature and governor's office; provide for. Amends secs. 6, 10 & 13 of 1976 PA 442 (MCL 15.236 et seq.) & adds sec. 14a. TIE BAR WITH: SB 0001'25

Summary

Senate Bill 2 would amend Michigan’s Freedom of Information Act (FOIA) to expand and clarify how FOIA applies to the governor’s office, the lieutenant governor’s office, and state legislative public bodies, while also revising general FOIA procedures and exemptions. The bill assigns FOIA coordinator responsibilities more explicitly, including for the House and Senate, and sets out who may receive and decide appeals of denied requests for legislative public bodies. It also preserves the right to sue in court, requires expedited handling of FOIA cases, and retains attorney fee and damages provisions for wrongful denials. A major part of the bill is a broad rewrite of the exemption section. It adds or refines exemptions for a wide range of records, including constituent communications, internal investigations, appointment and removal records, policy advice and recommendations, short-term records, security-related materials, cybersecurity information, certain higher-education search records, and records tied to litigation. The bill also includes special provisions for the executive office of the governor and lieutenant governor, and for state legislative public bodies, while stating that its application to the legislature should not be read to alter constitutional legislative privileges and immunities.

Impact

The bill would materially change the Michigan FOIA by creating new statutory exemptions and special procedures for records held by the governor’s office, lieutenant governor’s office, and legislative public bodies, and by clarifying appeal and coordinator roles for those entities. It would also affect public access to records held by local governments, state agencies, schools, law enforcement, higher education institutions, and other public bodies by expanding the list of records that may be withheld or must be protected from disclosure. In practice, the bill would likely reduce access to certain executive and legislative communications and internal records while preserving existing judicial review and fee-shifting remedies for requesters who prevail.

Sentiment

The bill appears to have received strong support in the Senate, passing third reading by a 33-2 vote. The available context does not include committee testimony or debate, but the vote suggests broad bipartisan or near-bipartisan acceptance of the measure’s overall approach. The bill’s tie-bar to Senate Bill 1 also indicates it is part of a larger package rather than a standalone FOIA change.

Contention

The main points of contention are likely the scope of the new exemptions and the extent to which FOIA should reach the executive and legislative branches. The bill shields constituent communications, internal investigations, policy advice, appointment-related records, and other records that transparency advocates may view as important to public oversight. At the same time, the bill expressly preserves legislative privileges and immunities, suggesting sensitivity to constitutional separation-of-powers concerns. Opponents or critics would likely focus on reduced transparency, while supporters would likely emphasize confidentiality, security, and protection of deliberative and constituent communications.