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Governor vetoes forfeiture legislation

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Gov. Mitch Daniels has vetoed Senate Enrolled Act 215, which designated what percentage of funds from forfeitures would go to prosecutors, law enforcement, and the Indiana Common School Fund.

In a statement Friday, Daniels said the legislation violates the Indiana Constitution, which states that the proceeds from “all forfeitures” shall go to the Common School Fund.

“The Indiana Supreme Court, on April 27, reinforced that point, possibly excepting the ‘limited diversion’ of the actual expenses of obtaining those proceeds.  Fairness to the General Assembly requires noting that legislators did not have the benefit of the court’s opinion, which was issued in the session’s final days,” he said.  

“This bill would take more than ninety cents of every dollar collected through forfeiture for the ‘expense of collection’ rather than sending it to the Common School Fund.  That is unwarranted as policy and constitutionally unacceptable in light of the Supreme Court’s recent guidance and the plain language of Article 8, Section 2 of the Indiana Constitution.”

State law currently allows law enforcement agencies to keep a portion of seized funds to cover "law enforcement costs" and give the rest to the Common School Fund to be used for school construction costs. But the amounts are left to the discretion of each prosecutor and each has interpreted that differently.

This is the second piece of legislation Daniels vetoed this session. On May 10, he vetoed House Enrolled Act 1177 regarding boards of trustees for universities. The legislation required that the majority of the members of the board of trustees of Indiana University and Ball State University be residents of Indiana, and that all I.U. board members be citizens of the United States.

The governor’s office announced Friday that the governor has now taken action on all legislation enacted during the 2011 legislative session.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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