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