Former Gov. Mitch Daniels' Newsroom

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Email: jjankowski@gov.in.gov
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For Immediate Release: Apr 29, 2005
Governor Daniels' letter regarding SEA 512
April 27, 2005

April 27, 2005

 

The Honorable Robert D. Garton

President Pro Tempore

Indiana State Senate

114th General Assembly           

Statehouse                                                       

Indianapolis, Indiana  46204

 

Dear President Garton:

 

In accordance with Article 5, Section 14(a)(3) of the Constitution of the State of Indiana, I am permitting Senate Enrolled Act No. 512, enacted during the regular session of the 114th General Assembly and related to town government and annexation, to become law without my signature.  I have filed the Act with the Secretary of State.

 

My decision not to sign reflects my degree of uncertainty as to the constitutionality of this bill, given that its annexation provisions may be interpreted to be impermissible special legislation under Article 4, Section 23 of our Constitution.  As the Indiana Supreme Court held two years ago in a case involving a similar annexation statute, special legislation must be reasonably related to special or distinct characteristics that are inherent in the location to which it applies, and that location must be the only one possessing those special characteristics.  In so holding, the Court found that, to pass constitutional muster, the special legislation must be supported by facts justifying the special treatment it affords to a locality.

 

I am not convinced that this test has been met by SEA 512, which provides certain annexation rights and benefits to various municipalities without identifying the factual basis on which to justify their special treatment under the law.  On the other hand, our system establishes a presumption in favor of a statute’s constitutionality, and the Supreme Court, not the Governor, is the final arbiter of such questions.  As a result, I am allowing the Act to become law without my signature.

 

Sincerely,

 

 

 

Mitchell E. Daniels, Jr.

Governor