In Re Interrogatory Propounded by Governor Roy Romer on House Bill 91S-1005

If a well-intentioned motive to foster economic development in the state were the controlling constitutional standard for evaluating House Bills 1005 and 1009, I would have little hesitation in concluding that both bills pass constitutional muster. The well-intentioned motive of lawmakers, however, is not a surrogate for objective constitutional norms applicable to legislative enactments. While there is a presumption of constitutionality attaching to a statute, I am satisfied that the statutory scheme under consideration violates the constitutional proscription against special legislation in…