Daniels Tax Plan Could Violate Constitution

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(INDIANAPOLIS) - There is concern that Governor Mitch Daniels’ tax plan may violate the state constitution.

The issue involves whether the caps, welcomed by residential property owners but not by business interests, meet the constitutional requirement that taxes be assessed at a "uniform and equal rate."

If the state legislature enacts the tiered tax caps, then a window opens to challenge the caps until the constitution is amended.

While the governor wants the caps in place by 2009, the politically difficult task of amending the state constitution would take two years to complete.

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