State lawmakers on Tuesday gave the green light to a bill that bans city governments and other local officials from regulating the use of single-use plastic bags and similar containers.
The bill passed the Indiana Senate 38-12 and largely along party lines, with just one Democrat — Sen. Jim Arnold (LaPorte) — voting for the measure and three Republicans — Sens. Eric Bassler (Washington), Randy Head (Logansport) and Pete Miller (Brownsburg) — voting against it.
The proposal will go into effect as soon as it's signed by Gov. Mike Pence. Since it passed the Senate and will be sent back to the House without any amendments, it's now on the fast track to the governor's desk.
Currently, the state's home rule law prohibits local units of government from doing a host of things, including levying taxes, regulating conduct monitored by state agencies and conducting elections, unless state lawmakers give those units the authority to do so. The measure in question adds two items to that list, which already is a dozen items long.
In doing so, the bill, authored by state Rep. Ron Bacon, of Evansville, eliminates the ability of local government entities to regulate single-use and retail containers, whether reusable or disposable. Among the bill’s co-sponsors are state Sens. Erin Houchin, of Salem, who is a Republican running for Congress in the 9th District, and Brent Steele, a Republican from Bedford who represents part of Monroe County.
Should Pence sign the proposal into law, local governments wouldn’t be able to adopt or enforce ordinances or resolutions to prohibit, restrict, charge fees for or tax the use of these containers, which include the plastic bags used to bundle grocery items.
The proposal allows for exemptions in the case of recycling, whether through a drop-off location or curbside service offered by a locality, and in the case of events organized, sponsored or permitted by a city or similar unit or that take place on government property.
At the heart of the proposal is the issue of home rule, or the ability of local entities to govern themselves as they see fit on certain issues, as long as they don't run afoul of either the Indiana or U.S. Constitution.