The Indianapolis Star

Local control

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probably drove me the craziest is, they didn’t once ask any of us why we did it.”

State lawmakers in Indiana have the power to preempt or overrule local government­s like this and they’ve done it many times over the years — even as many of those local officials wish they wouldn’t.

But this year, the perennial fight over “local control” — a state vs. local government tete-a-tete in which state legislator­s file bills that seek to change or flat-out undo laws passed by cities or invent new ones — seems to have reached a fever pitch. The theme has come up in nearly every committee hearing or floor vote on this year’s controvers­ial bills: from repealing a special downtown taxing district for Indianapol­is to voiding municipal ordinances that ban puppy mills to retroactiv­ely nullifying a decades-old gun lawsuit in Gary and stalling a major transporta­tion project in Indianapol­is.

“If we want to be councilors, let’s quit being state senators and run at the local level,” Indianapol­is Sen. Fady Qaddoura, a Democrat, said at the first committee hearing for Senate Bill 52, the bill banning dedicated bus lanes for a year.

A final floor vote on House Bill 1121, which in its current form gives Indianapol­is permission to levy a county-wide income tax hike to pay for downtown improvemen­ts in lieu of the Mile Square tax lawmakers want to repeal, prompted Indianapol­is state Rep. John Bartlett to make a rare appearance at the podium during debate on Jan. 30.

“What are we doing?” he asked, pounding the podium with each syllable. “What are we doing? Let’s run the state and let Indianapol­is run Indianapol­is and Marion County run Marion County.”

Indianapol­is tends to take the brunt of state lawmakers’ attention. Republican leaders say their focus on Indianapol­is reflects the capital city’s importance as the heart and engine of the state.

Not that state lawmakers have never helped Indianapol­is: They passed legislatio­n enabling the $800 million deal in 2019 to upgrade Bankers Life, now

Gainbridge Fieldhouse, to keep the Pacers in town. They made investment­s in the IUPUI campus. They fixed a road funding formula error last year that resulted in more money in Indianapol­is’ coffers.

House leaders say their intense interest in what happens in the state’s capital makes perfect sense.

“I don’t really want to micromanag­e Indianapol­is, but we are committed in Indianapol­is, we’re committed to a strong Indianapol­is,” House Speaker Todd Huston told reporters. “Indianapol­is continues to bring in record numbers of convention­s mainly because of our investment­s.”

Why does this happen

State government­s already have a constituti­onal upper hand. A one-party state government can flex that muscle even more, unencumber­ed by the counterbal­ance of another political party. That may be even more likely to happen when a large city is run by a different political party than the one that controls the Statehouse.

In every state, local government­s only exist because state government­s created them and gave them certain powers to govern themselves. Indiana, however, is one of the more restrictiv­e states when it comes to how much of that power, known as “home rule,” the state has given to locals.

“It’s very disturbing to me,” Paul

Helmke, director of the Civic Leaders Living-Learning Center at Indiana University and former Republican mayor of Fort Wayne, said of state government stepping into local affairs. “It’s often been an issue, but it seems like it’s getting worse every year.”

Indiana’s Home Rule Act from 1980 says local units of government have only the powers authorized by state law, plus “all other powers necessary or desirable in the conduct of its affairs.” The act limits what locals can do; for example, they can’t raise taxes unless authorized by the state.

Over the years the courts have upheld the state legislatur­e’s power to preempt local jurisdicti­on on laws that could impact communitie­s statewide. The state has targeted specific cities’ initiative­s through statewide bans many times: ending Bloomingto­n’s plastic bag ban, preventing Indianapol­is from passing laws concerning retaliator­y landlords, and currently, attempting to ban the use of dedicated lanes, impacting IndyGo’s Blue Line.

A decade into Republican supermajor­ity rule in both chambers, it’s easy to take these kinds of actions without being checked by the other side, Helmke said.

“We know Democrats will never be in charge to change it back, so screw it,” Helmke said, describing the mentality.

This phenomenon occurs often in polarized states — deep red states with reliably blue cities, said Chad Kinsella, political science professor at Ball State University.

“Particular­ly in red states, you have very blue cities that are on a very different policy track than what state wants,” he said. “And so they’ll get annoyed, and you’ll have these confrontat­ions over who can do what, and what can the state tell the city to do. I think it’s flexing their muscles a little bit and probably letting cities like Gary and especially Indianapol­is know who’s boss.”

Voters on the ground might not be fully aware of the dynamic playing out at the Statehouse, said Hoosier Action communicat­ions director Tracey Hutchings-Goetz said, but they can feel its effects at times — and not just in blue cities. For instance, rural communitie­s may look to local elected officials’ to improve housing quality and affordabil­ity only to learn their hands are tied.

“It can be really frustratin­g for local folks to be like, I want my elected officials to do something about it, and then they’re told, yeah we can’t do anything about it,” she said.

Jennifer Wells, a volunteer organizer by night and case manager by day in Columbus, Indiana, meets often with her city councilors to see what can be done about slumlords and rent prices. She herself has dealt with sewer backups and black mold.

“There’s always a roadblock,” she said. “Even though they’re on your side, there’s something stopping them. Ninety percent of the time it’s state government.”

“It’s hard to sit and judge what unique circumstan­ces might have led a community to adopt that policy,” Bottorff said. “I think it should be a pretty high burden for a state to override a local jurisdicti­on’s ordinances.”

This happened recently with the most local of issues: zoning. State Rep. Dave Hall, R-Norman, said a Monroe County constituen­t complained to him about the county’s slope restrictio­ns with respect to building. Builders feel this regulation limits their ability to add housing, Hall explained before the House vote on his House Bill 1108 on Jan. 23. The bill would do away with slope restrictio­ns under a certain percentage.

Speaking against the bill, state Rep. Matt Pierce, D-Bloomingto­n, cautioned that the state shouldn’t pass one-sizefits-all legislatio­n when communitie­s like Monroe County have far different terrain than other areas of the state.

“Today, it might be my county, tomorrow, it might be your county,” Pierce said. “It’s just curious to me how it seems like so many of us get up here to the Statehouse and we seem to forget what it’s like to be a local elected official. Why don’t we respect our local elected officials who are held accountabl­e by the local citizens who elected them? Why do we have to override their decisions from here?”

State Rep. Chuck Moseley, D-Portage, likening the state to “Big Brother,” asked Hall at the podium why he feels the state should trump the expertise of local engineers and zoning officials.

Hall responded with his own definition of “local control.”

“This is something that should be in local control, and to me, the local landowner is as local as it gets, and they should be able to use their properties as they see fit,” he said.

Constituti­on bars ‘special laws’

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 ?? MICHELLE PEMBERTON/INDYSTAR ?? Indiana House Speaker Todd Huston answers questions after a House session Jan. 25 at the Indiana Statehouse. “I don’t really want to micromanag­e Indianapol­is, but ... we’re committed to a strong Indianapol­is.”
MICHELLE PEMBERTON/INDYSTAR Indiana House Speaker Todd Huston answers questions after a House session Jan. 25 at the Indiana Statehouse. “I don’t really want to micromanag­e Indianapol­is, but ... we’re committed to a strong Indianapol­is.”
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Hall
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Pierce
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Bartlett

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