February 3, 2012

As you read more details of this session, remember that the Declaration of Independence mentions the "pursuit" of happiness.  It says nothing about achieving it.

"Stop Shooting . . . Hold Your Ire!"

HB 1132 - Prohibit businesses and employers from establishing certain policies against the ability of an invitee or employee to store firearms and ammunition in a locked motor vehicle parked on the premises.

Many Chamber members have adopted policies that prohibit employees from bringing firearms and ammunition to work, not even to the parking lot and not even if they are locked in the car. The goal is to protect employees and the rule is applied equally to all employees. When it comes to guns, don't bring them.

HB 1132 would prohibit any business from adopting that policy. For proponents it's about the second amendment and the right to bear arms. To the Chamber, along with the South Dakota Retailers Association and many other associations, it's about property rights and employee protection. Employers have learned a brutal lesson when it comes to guns and the workplace, it's never a "problem," it's usually a total disaster and tragedy.

The clash of property rights against the right to bear arms resulted in a massive loss for property rights, and why not, the other guys have guns and know how to use them. Capitol-ism hopes the margin of victory that this bill experienced in both committee (10 yes to 2 no) or on the floor (49 yes and 15 no with 6 excused and presumed to be in the parking lot of the Capitol checking their firearms) isn't a demonstration of a low regard for property rights or the idea that business owners (our members) shouldn't do everything possible to protect employees.

Why is this issue so lopsided? All joking about guns aside, and making sure to clearly state that the South Dakota Chamber of Commerce and Industry respects second amendment rights and is certainly not "anti-firearm", it is clear that the lobbying tactics of the National Rifle Association are driving this vote. The NRA has been a leading voice advocating gun owner rights for decades. Their expertise in the political arena deserves respect, it is their tactics that deserve denunciation.

Anyone having lobbied a state legislature, or even Congress, has heard numerous examples of legislators' voting for NRA positions 100% for years only to disagree on one issue and have post cards sent to every constituent denouncing them as "anti-gun". This happened to at least one legislator in South Dakota after the 2010 session when the NRA wasn't even involved in the bill. An attitude of "all or nothing" and a willingness to rough up their own supporters, renders the NRA very powerful - albeit through fear. The NRA is very actively involved in this issue.

Capitol-ism encourages members to discuss this bill with members of the Senate and to speak clearly about the importance of protecting employees. The Chamber is always willing to deliver faxes to the mail boxes of legislators - yes that word was faxes, it is amazing how low tech can stand out in the digital world.

Here is the vote on HB 1132.

HB 1132, House, Do Pass Amended

- Definition of vehicles. Here is the language. "Interests in vehicles, not to exceed ten thousand dollars, per debtor." It has been pointed out that the term "vehicles" is different than the term "cars" and might set the stage for bankrupt people keeping a wide variety of transportation.

- Change in personal property. Increasing the amount from six thousand dollars to ten thousand dollars (for those who have avoided the "head of family" honor, the increase is larger - from four thousand to ten thousand.)

- Income from annuities. The most significant increase is in protected income from an annuity. Current law allows annuity income up to $250/month. The new law's "'update" would seem to outstrip inflation with a new limit of $2,500/month. That is an inflation rate not seen since Germany between the wars.