(RALEIGH) -- Republican legislative leaders said Gov. Beverly Perdue's plan to take $100 million from an Employment Security Commission reserve fund to pay for tax refunds is unconstitutional. Senate President Pro Tem Phil Berger said he and other Republicans are challenging that move.

"They're going to take money from certain funds in order to cash flow the tax refunds.  The problem is one of the main fund they've identified, the Employment Security supplemental fund is one that's set aside to pay back the federal government the money that we owe them and it would be illegal under the North Carolina Constitution for them to do that," said Berger.

The solution, Berger said, is to adopt a savings bill that Perdue vetoed last month in which the measure would have required Perdue to save money this year to apply to next year's expenses. The Senate overrode that veto on Wednesday.  The House must now consider blocking the veto but there may not be enough vote in that chamber.