HB 4007 (Tie Bar w/ 4008-4016): Legislative Open Records Act

House Bills 4007-4015 would expand the Michigan Freedom of Information Act (FOIA) to the Governor and Lieutenant Governor’s office. The bill package also creates the Legislative Open Records Act (LORA) which would subject the legislature to open record laws. Michigan is one of only two states that currently exempts the Executive from open record laws, Michigan’s current FOIA laws are outdated and insufficient. These bills do not entirely solve that problem. Generally speaking, the LORA bills contain language that mirrors current provisions in FOIA concerning other public bodies. However, there are provisions and exceptions in these bills unique to the legislative branch, notably the process for appealing decisions denying a request for disclosure of a public record under House Bill 4010, and limitations and exemptions from disclosure (Ex: constituent communications) in House Bill 4015. LORA would not apply to records pre-dating January 1, 2020. Overall, however, the bill package would increase transparency and accountability in the executive and legislative branches, and is a step in the right direction.