Written by Tanya Terry
State agencies began to unfreeze monies on January 7 shortly after an opinion was stated by the attorney general. The opinion was requested by Senate Appropriations Chair Sarah Anthony after funding was slashed for numerous programs statewide intended to help families and businesses.
On December 10, the GOP-led House Appropriations Committee had disapproved about $645 million for work projects. This designation usually allows departments to carry over funding from one budget year to the next when not all of the program’s money is spent in one fiscal year under MCL 18.1451a(3), contained in the Management and Budget Act.
So, the same statute that allows departments to carry over funding from one budget year to the next may authorize either the Senate or House appropriations committee to disapprove those work projects
In her opinion, Attorney General Dana Nessel stated that the law that allowed the Michigan House last month to unilaterally cut the aproximately $645 million in state spending violates the state Constitution and cannot be used. She argued the law violates the Michigan Constitution’s separation of powers clause. Furthermore, she said it violates the Constitution’s requirements related to bicameralism and presentment by not requiring agreement between both the chambers and the governor.
Soonafter Nessel gave her opinion, House Republicans stated they would sue in order to overturn the opinion.
Republican House Speaker Matt Hall states he is “fighting for Michigan taxpayers.”
In his statement, he said: “Without this law, Democrats will build their slush funds without any oversight. Incoherent legal theories like this are the reason we have the $5 billion of waste, fraud and abuse in state government. But she has no problem ignoring the law to push welfare for illegal aliens and ‘radical’ DEI programs, and Michigan taxpayers are going to pay the price.”
