In practice, the rules gave a single security company Lafayette-based Mulhauptsthe ability to choose which firms could operate in Indiana. And the law change was championed by a Lafayette lawmaker, Sen. Ron Alting. At the most basic level, one might wonder why Indiana cares whether an out-of-state manufacturer provides for security at its facilities through a contract with an independent company rather than through its own employees, the ruling states. These circumstances raise obvious concerns about protectionist purposes and what looks very much like a legislative grant of a monopoly to one favored in-state company in the security business, according to the ruling. Critics of the law cheered the ruling. But they pointed out that the ruling only applies to out-of-state manufacturers, so many small businesses are still hoping for legislative relief this year. I think its common-sense, said Evan McMahon of Hoosier Vapers, an advocacy group representing small businesses. The court has reaffirmed what weve been saying for the past two years. Lawmakers are again working on a fix to the law, through Senate Bill 1, which is slated to be voted on this week in a Senate committee. That bill removes the private security firm requirements. My hope is that the Legislature may move even faster to get this new law in place to help the small businesses in Indiana that want to return to their own state, McMahon said. If anything, [the ruling] reaffirms the work being on Senate Bill 1." IBJ reported in August that the FBI was probing for possible corruption in the vaping law.
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