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IC 36-1-3-8 <br /> Powers specifically withheld <br /> (a) Subject to subsection (b), a unit does not have the following: <br /> (7) The power to regulate conduct that is regulated by a state <br /> agency, except as expressly granted by Act. I <br /> United States District Judge Sarah Evans Barker, collecting and relying on case <br /> law from the Indiana appellate courts, recently summarized the scope and effect of the <br /> .Indiana Home Rule Act: <br /> Enacted in 1950, the Indiana Home Rule Act abrogated the <br /> traditional rule that local government powers were limited only to <br /> those expressly granted by state statute. City of Gary v. Indiana Bell <br /> Telephone, Co., 732 N.E.2d 149, 153 (Ind. 2000); Ind. Code § 36-1- <br /> 3-4(a). The Home Rule Act grants county governments "all powers <br /> granted it by statute"and"all other powers necessary or desirable in <br /> the conduct of its affairs, even though not granted by statute." Ind. <br /> Code §§ 36-1-3-4(b)(1) and(2). The Home Rule Act further directs <br /> that: "Any doubt as to the existence of a power of a [county] shall be <br /> resolved in favor of its existence."Ind. Code 36-1-3-3(b). These <br /> broad grants of power to local governments were intended to further <br /> the state's policy of"granting [counties] all the powers that they need <br /> for the effective operation of government as to local affairs."Ind. <br /> Cade § 36-1-3-2. <br /> Despite this broad grant of authority, the Home Rule Act nonetheless <br /> imposes two limits important to a resolution of this case. First, the <br /> Home Rule Act mandates: "If there is a constitutional or statutory <br /> provision requiring a specific manner for exercising a power, a <br /> [county] wanting to exercise the power must do so in that manner." <br /> Ind. Code 36-1-3-6(a). Second, the Home Rule Act specifically <br /> withholds from local governments "the power to regulate the conduct <br /> that is regulated by a state agency, except as expressly granted by <br /> statute."Ind. Code 36-1-3-5(a)(7). The Home Rule Act defines the <br /> term "regulate"to include licensing, inspecting, or prohibiting. Ind. <br /> Code 36-1-2-15. However, even in the categories regulated by state <br /> The Home Rule Act defines the term"regulate"to include licensing, inspecting, or <br /> prohibiting. Ind. Code § 31-1-2-15. <br /> 5 <br />