• Michigan’s government will stay ‘up and running’ even if a budget is not finalized by midnight Gov. Gretchen Whitmer said Tuesday
  • It’s not yet clear how Whitmer intends to avoid a government shutdown
  • Midnight is a constitutional deadline for Whitmer and lawmakers to have a balanced budget in place

LANSING — Michigan government operations will “continue as normal” even if officials miss a midnight deadline to pass a budget, Gov. Gretchen Whitmer said Tuesday, announcing but not explaining plans to avoid a state government shutdown.

In a joint release, Whitmer and legislative leaders said they expect to adopt a budget at some point “this week” but that bills had not yet been drafted for votes in the Legislature. The Michigan Constitution requires a balanced budget by the time a new fiscal year starts Wednesday at 12:01 a.m.

“As drafting continues, I’m grateful to legislators on both sides of the aisle for their work and I am ready to conduct a final legal review and sign it into law after they send me the budget,” Whitmer said in a statement.

“Meanwhile, state government will continue providing uninterrupted services and all state employees will work tomorrow, getting things done for their fellow Michiganders. We’re almost there. Let’s get it done.”

House Speaker Matt Hall, R-Richland Township, said the budget deal leaders have agreed to — but lawmakers have not yet voted on — will eliminate “waste, fraud and abuse” from the state government. He did not define those terms.

Senate Majority Leader Winnie Brinks, D-Grand Rapids, said she was proud that the agreement “secures free breakfast and lunch for Michigan kids.” 

Little additional details regarding the budget plan were immediately available, other than Whitmer noting leaders had agreed to include “top priorities for both Democrats and Republicans,” such as road funding.

It’s not clear how Whitmer intends to keep the state government “up and running” even if a budget is not finalized by midnight. The Michigan Constitution prohibits the state treasury from spending money unless it is appropriated “by law.”

Spokespeople for Whitmer, Hall and Brinks did not immediately respond to requests for comment.  The Legislature remained in session as of 7:30 p.m.

Some state lawmakers have hinted at the possibility of a “continuing resolution” that would temporarily maintain current funding levels for state departments, though some have raised concerns that would set a bad precedent for future state budget cycles. 

At least one prominent lawmaker appeared to question Whitmer’s authority to keep state government open without a budget deal in place.

“Whether it’s a pandemic or a budget crisis, Gretchen Whitmer seems to have a troubled relationship with the Michigan Constitution,” Senate Minority Leader Aric Nesbitt, R-Porter Township, wrote on social media.

The governor and legislative leaders first announced a budget framework agreement last week but did not share details at that time. 

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With the midnight deadline fast approaching, Whitmer on Tuesday afternoon sent the state’s nearly 50,000 government workers an email telling them to report to work Wednesday. 

“While the full budget is finalized, your jobs will not be impacted,” she wrote. “Your work will continue. You will get paid. … Even as the federal government hurtles towards a shutdown, the state government will stay open and operational.”

Without a deal by midnight, the state government could potentially shut down for the first time in 16 years. The last time that occurred, it forced mass state worker layoffs and halted nonessential services

But Whitmer, in her email to state workers, said that won’t happen this time around. 

“All state government operations will continue as normal on October 1 and in the coming days as (the budget) is finalized,” she wrote. 

No budget bills

In the first year of Michigan’s newly divided state Legislature, Republicans and Democrats have proposed significantly different spending plans and already missed a July 1 deadline written into state law. 

House Republicans approved a $78.5 billion budget. Senate Democrats approved an $84.5 billion plan. Whitmer had proposed an $84 billion plan of her own but separately called for new road funding. 

Any new budget deal is expected to include at least $1.5 billion in new annual funding for Michigan roads. A 24% wholesale marijuana tax approved last week by the House would help pay for that plan but sparked protests Tuesday at the Michigan Capitol.

Both the state House and Senate began session at 10 a.m. Tuesday, but lawmakers had done little more than take attendance as leaders continue to negotiate behind the scenes. 

As of midday Tuesday, multiple rank-and-file state lawmakers said they had not yet seen any budget bills pertaining to the agreement Whitmer and legislative leaders announced last week. 

In a Facebook video, state Rep. Steve Carra said he thought there was only a 25% chance lawmakers would actually vote on a budget Tuesday. Wednesday voting is more likely, which would “technically” mean a state government shutdown of some kind, he said. 

The Three Rivers Republican said he expects the budget will be nearly 2,000 pages long and bemoaned what he called a “disgusting and abhorrent process” by which lawmakers are expected to vote on spending bills without much time to digest them. 

“This is not a ‘this time’ problem. This is a recurring problem,” Carra said, noting he also had limited time to review budget bills in prior years. 

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