2023 Senate Bill 670

Civil rights: public records; applicability of the freedom of information act to the legislature and governor's office; provide for.

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 6, 10, and 13 (MCL 15.236, 15.240, and 15.243), section 6 as amended by 1996 PA 553, section 10 as amended by 2014 PA 563, and section 13 as amended by 2023 PA 64, and by adding section 14a.

Senate Fiscal Agency Analysis

SB 669 would amend the Freedom of Information Act (FOIA) to add and modify definitions as used in Senate Bill 670, specifically modifying the term "public body" to include the Legislature and the Executive Office of the Governor or Lieutenant Governor.

SB 670 would amend FOIA to do the following: -- Require the Senate Majority Leader and the Speaker of the House to designate a FOIA coordinator for the Senate and House of Representatives, respectively. -- Prescribe the process for making an appeal to the Legislature upon the denial of a FOIA request by the Legislature. -- Apply current FOIA exemptions to public records of the EOG and the Legislature. -- Prescribe additional FOIA exemptions to public records of the EOG, such as records concerning executive privileges and records created before the bill's effective date, among other records. -- Prescribe additional disclosure exemptions to public records of the Legislature, such as records of communications with constituents and records concerning internal investigations, among other records.

The bills are tie-barred, and each bill would take effect on January 1 of the first odd-numbered year that begins six months after its enactment.

Introduced in the Senate

Nov. 9, 2023

Introduced by Sens. Ed McBroom (R-38) and Jeremy Moss (D-7)

Referred to the Committee on Oversight

March 13, 2024

Reported with substitute S-1

March 14, 2024

Referred to the Committee of the Whole

June 26, 2024

Reported with substitute S-2

Substitute S-2 concurred in by voice vote

Amendment offered by Sen. Aric Nesbitt (R-20)

1. Amend page 2, line 4, after “representatives” by inserting “and the house minority leader”.

2. Amend page 2, line 4, after “shall” by inserting “jointly”.

3. Amend page 2, line 6, after “representatives.” by inserting “A FOIA coordinator designated under this subdivision may be removed by either the speaker of the house of representatives or the house minority leader.”.

4. Amend page 2, line 7, after “leader” by inserting “and the senate minority leader”.

5. Amend page 2, line 7, after “shall” by inserting “jointly”.

6. Amend page 2, line 8, after “senate.” by inserting “A FOIA coordinator designated under this subdivision may be removed by either the senate majority leader or the senate minority leader.”.

The amendment failed 18 to 20 (details)

Passed in the Senate 36 to 2 (details)

Received in the House

June 26, 2024

Referred to the Committee on Government Operations