Shortly after the new year, Michigan Attorney General Dana Nessel issued her formal opinion that the mechanism used by the Michigan House Appropriations Committee to eliminate over $644 million in work project funding is unconstitutional. The disapproval mechanism used, MCL.18.1451a(3), can be found in the Management and Budget Act and allows for previously approved funding from the last fiscal year to continue to be used for its direct purpose in the new fiscal year. The funds are approved by the State Budget Director and are known as work projects. According to the law, either the Senate or House Appropriations Committee can then decide to approve or disapprove the work project funding. Historically in Michigan this funding has typically been approved by both chambers.
In her opinion, AG Nessel deemed MCL.18.1451a(3) unconstitutional. She argues that the mechanism violates Separation of Powers because it allows a single legislative committee to effectively have authority over the executive’s law implementation powers. Continuing her argument, she laid out that since the action was not approved by the Senate, and subsequently by the Governor, it violates the Bicameralism and Presentment requirements. Lastly, Nessel concluded that the veto disapproval mechanism is separate from the rest of the statute, so the remaining portions, such as the State Budget Director’s authority, can remain.
Two weeks after the Attorney General’s formal opinion was published, Court of Claims Judge Michael Gadola issued a preliminary injunction that preserves the status quo of the law. This injunction temporarily prohibits state departments from spending any remaining work project funds until the courts have made a final decision on the constitutionality of the House Republican Appropriations Committee’s actions.
