INDIANAPOLIS (June 14, 2007) -- Governor Mitch Daniels has received a letter from the Indiana Attorney General's Office responding to his request for clarification of executive powers in an energy emergency.

Specifically, the governor asked for more guidance regarding Indiana Code 10-14-3-5, which was passed in 1981 in response to gas shortages and long lines. The statute reads that a governor can declare an energy emergency if there is an "existing or projected shortfall of at least eight percent (8%) of motor fuel.that threatens to seriously disrupt or diminish energy supplies to the extent that life, health or property may be jeopardized." The statute then outlines the powers granted to the governor.

The letter from the Attorney General's Office concurs with the legal opinion of the governor's general counsel that suspension of a tax statute is not among the powers enumerated by law.

The letter, signed by Chief Deputy Gregory Zoeller, says in part, "it is clear that a suspension of a sales tax is not among those powers enumerated by this statute nor does it fall with the same category of those within the 1981 act that involve taking actions that should ultimately promote the restriction and conservation of energy."

The letter further states that "without further legislative action granting the Governor the authority to suspend the gas tax, we agree that this authority is not within the intent of the 1981 statute, IC 10-14-3-13."

A copy of the letter may be found at this link: http://www.IN.gov/portal/files/061307LetterfromAttorneyGeneral.pdf.

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