Honigman Capitol Report

Governor's Office

Governor Deems Budget Boilerplate Unenforceable

Governor Gretchen Whitmer informed the Legislature that over 40 items in the boilerplate for the 2025-26 fiscal year budget were deemed unenforceable due to issues related to the separation of powers or amending a law by reference.  These items included requirements in the Department of State Police budget to maintain adequate staffing levels for various functions and a mandate for multiple departments to exhaust work project funds before accessing additional appropriated funding for the same purpose.  Additionally, language prohibiting disciplinary action against employees who communicate with legislative members was also deemed unenforceable, a recurring issue with the Legislature's budget language.  Five items spanned several departments, including language on employee discipline, contractor status verification, and work project funding. In a letter dated November 7, Whitmer sent the list of unenforceable boilerplate items to the Legislature, emphasizing that these items pertain only to executive departments.  Other unenforceable language in the DNR budget included prohibitions on using funds for utility-scale solar or wind projects and legal services related to hunting swine. In the Department of Corrections, language requiring a preliminary report on prison closures was deemed unenforceable, as was the requirement for advance notice of State Police post consolidations.  The State Police budget also included unenforceable requirements for staffing levels to ensure a 28-day average wait for polygraph tests, swift updates to MCOLES standards, and a minimum of 455,200 hours dedicated to traffic safety patrol.  The Department of Transportation faced unenforceable language blocking funds for the I-375 boulevard project and requiring air service maintenance from Lansing to Marquette.  Lastly, the Department of Health and Human Services budget included unenforceable requirements to reduce crime and fraud against older adults by initiating investigations within 24 hours and meeting complainants in person within 72 hours.

Committee News

Senate and House Agree on 45 Days for LDSI

The Senate has agreed to a compromise with House Speaker Matt Hall regarding the timeline for lawmakers to submit and disclose their special spending requests, known as legislative directed spending items (LDSI), ahead of budget votes.  Initially, the Senate passed SB 596, which required these requests to be detailed and uploaded online at least 10 days before budget deals were finalized.  However, Hall criticized this timeline as insufficient for proper vetting and scrutiny, advocating for a 90-day disclosure period, which was later amended by the House to 60 days.  Ultimately, Senate Appropriations Chair Sarah Anthony proposed a 45-day deadline, which was adopted without opposition.  Governor Gretchen Whitmer supported this 45-day compromise to allow legislators to focus on economic development issues. Additionally, the Senate removed a House amendment that prevented LDSI requests from carrying over into the next budget cycle.  The revised SB 596 now allows these requests to carry over into the second year of the legislative term but not beyond the term's end.  The House concurred with the Senate's changes with a unanimous vote.  HB 4420, introduced by Rep. Tom Kunse, which creates the request form, is also moving forward with a Senate amendment allowing it to carry over into the second half of the legislative term.  The Mackinac Center for Public Policy praised the move towards transparency, highlighting the requirement for lawmakers to share budget items 45 days before a vote. Despite these changes, the substitutes did not include a requirement for earmark requests to go through the committee process.

Election News

GOP Lawmakers Request Department of Justice Oversight for 2026 Elections

Twenty-two Michigan Republican legislators, led by Rep. Aric Nesbitt, have requested U.S. Attorney General Pam Bondi to have the Department of Justice oversee Michigan's 2026 primary and general elections.  They argue that there is an "inherent and unavoidable conflict of interest" because Secretary of State Jocelyn Benson, who is also running for Governor, would be administering the elections.  Nesbitt criticized Benson, claiming she is untrustworthy in managing elections and praised President Trump and Attorney General Bondi for their potential to safeguard the elections.  In response, Angela Benander, spokesperson for the Secretary of State's department, defended Michigan's election process as transparent and secure, highlighting the bipartisan and professional nature of local election officials and the presence of election observers.  Benander criticized the GOP lawmakers for using false rhetoric to encourage federal interference in state elections, which she claims endangers citizens' privacy and freedoms.  The letter from the GOP also accuses Benson of violating election laws and refusing to cooperate with federal authorities, citing a lawsuit over voter registration records.  Michigan Democratic Party Chair Curtis Hertel condemned the Republicans' actions as an attempt to allow Trump to interfere in the 2026 election, attributing their actions to baseless election conspiracy theories.

On Point

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