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2026 Op. Mich. Att'y Gen. [1] (2026)

handle is hein.sag/sagmi0154 and id is 1 raw text is: The following opinion is presented on-line for informational use only and does not replace the official version. (Mich. Dept. of Attorney General Web Site - http://www.ag.state.mi.us) STATE OF MICHIGAN DANANESSEL, ATTORNEY GENERAL CONSTITUTIONAL LAW: SEPARATION OF POWERS: BICAMERALISM AND PRESENTMENT: Constitutionality of MCL 18.1451a(3), which allows the Senate or House Appropriations Committee to disapprove of work projects designated by the State Budget Director APPROPRIATIONS: SEVERANCE: The disapproval mechanism in MCL 18.1451a(3) amounts to a legislative committee veto that violates Article 3, § 2 of the Michigan Constitution, which requires the separation of powers between the three branches of government, and Article 4, § 33, which requires legislation to be completed consistent with the bicameralism and presentment requirements set forth in the Michigan Constitution. Although the disapproval mechanism in MCL 18.1451a(3) is unconstitutional, the invalid portion is legally severable because the remaining provisions regarding temporal limits, substantive criteria, and reporting requirements are independently operable and further the Legislature's intent for fiscal oversight over work projects. Opinion No. 7328 Date: January 7, 2026 Honorable Sarah E. Anthony State Senator The Capitol P.O. Box 30036 Lansing, MI 48909-7536 You have asked whether the provision in MCL 18.1451a(3), allowing either the Senate or House Appropriations Committees to disapprove work projects designated by the State Budget Director, violates the Michigan Constitution.