Is There a Bill or an Issue of Particular Concern to You? Organize!

It won't be long until the South Dakota Legislature will be back in session.  Last session we were bombarded by thousands of pre-printed postcards, emails with no name signed to them, and folks wanting to speak with us personally while we were in committe or on the House floor. To help make a smoother, more successful attempt to contact your Legislator/Senator, I've written a guideline for you to follow. We always love to hear from our constituents, but please remember, our time in Pierre is a busy time.

So what is the best way to contact my legislator about a particular bill or issue?

Forming a group to lobby for or against legislation is often more effective than individual efforts. A group is far more visible, has greater resources, and carries more political weight. Organize a group of friends, co-workers, or neighbors around a specific issue of concern to all of you. Define your goals . . . identify tasks that are part of the plan . . . divide the work. (For instance, one person can research

available material, another can keep track of the bill, several can attend all committee meetings, several can personally meet with the legislator, etc.) . . . KEEP INFORMED.

It is best for the group to meet informally or socially with legislators even before the group has specific legislative requests to make. Professional lobbyists specifically suggest this kind of personalized, informal contact. Friendly, personal acquaintance, and help at campaign time, form a strong basis for personal, or group, lobbying efforts.

Learn how the system works . . . find out how a bill becomes a law . . . learn the committee structure . . . find out which legislators are dealing with your area of concern . . . find out when and how to lobby.

If you are interested in becoming actively involved in influencing legislation, here are some important points that will make your lobbying efforts more effective:  www.legis.state.sd.us.gov

Personal Contacts

Personal contacts can be a meaningful way to influence a legislator.

1. Before contacting any legislators, take the time to read all available background material on the bill or issue which concerns you. Although it is obviously beneficial for you to know a great deal about the specifics of bills and issues, it is not essential that you know everything. The primary goal of your visit is to express your concern over a particular bill or issue.

2. Know when and where to contact a legislator. The best times to find a legislator in the office in Pierre are during the months of January, February and a week in March. Search the LRC website will give you an address and telephone number as well as an email address.

It is usually possible, when the House and Senate are in session, to send in a message to legislators informing them that you wish to speak with them.

The sergeant-at-arms on the third floor in front of each chamber will send your message to the Representative or Senator. It is generally,but it's not always possible for a legislator to come out to meet briefly with you.

Occasionally, legislators will be able to see you if you simply walk into their office, but the best approach is to call ahead and make an appointment. Let the legislator know what you wish to discuss. If you cannot get an appointment, or if the matter is too urgent to wait for an appointment, do not hesitate to go to the office anyway. You may at least be able to talk to staff, and you will have made them aware of your concern. Calling your own legislator at home on the weekend sometimes makes sense on an issue of great importance or urgency.

Don’t abuse this method of contact.

3. If you have genuine expert knowledge, share it with the legislator. It will be welcomed. No legislator can be an expert on everything. (All views are important, but expertise is especially valued. Remember, any lobbyist’s most useful role for a legislator is as a source of information.) If you have read the bill carefully and/or understand the issues involved as a result of personal knowledge or research, you may be of great assistance to the legislator.

4. Be constructive. If a bill deals with a problem you admit exists, but you believe the bill is the wrong approach, explain what you believe is the right approach. If you want to suggest amendments to a bill that has been introduced, it is important that you have: a) a clear idea of what you want to be included or deleted; b) the reasons to justify the proposed change; and c) good, strong facts to back up your position before you contact your legislator. If possible, leave copies of your position and/or suggested changes with the legislator.

5. It is usually a waste of time (for both of you) to lobby legislators who are already supporting your position, although they may be helpful in making suggestions for your lobbying efforts.

6. You do not need a crowd to lobby. One, or possibly two, well-informed lobbyists on the same subject are more effective and less confusing than a large group gathered at the same time.

7. When you introduce yourself, save time by making it clear who you are and what organization, if any, you are working with. If you are cooperating with some group from the legislator’s home district, mention it and the fact that the home district group may also be trying to reach the legislator.

8. Do not “overkill.” Most legislators have many demands on their time. An elaborate sales job or long, emotional speech will not be appreciated. They do, however, want your well-prepared facts and views, presented in a straightforward manner. Make sure their time is well spent in talking to you. Stick to the issues that you came to discuss; don’t wander into other issues.

9. It is easy, particularly when dealing with legislators who disagree with you, to become angry and frustrated. If you disagree, a calm, reasonable attitude and a set of well-prepared reasons for your position may change their minds on the issue. It is generally advisable not to get into arguments which may trigger prejudices. Remember, you may not have all the facts on an issue or bill.

Let legislators explain their views—listen without interrupting—they often have input from many resources to which you may not have access, such as fiscal agencies, state departments, other groups with expertise on the issue, and legislation from other states.

Take a few notes about their comments, noting any questions they have. Give the answers you know, and offer to get answers to the other questions, if possible. Understanding their views of the facts and where they come from will help your organization develop counter-arguments.

10. Don’t demand a commitment before the facts are in. Give your legislator a fair chance to examine all sides of an issue. The legislative process is very complex, and bills change their shape in committee and on the floor of both houses of the Legislature. A bill rarely becomes law in the same form as introduced. It is possible that the bill you supported originally is so changed in the process that you would oppose its final form.

A legislator may be forced to vote on the bill as a whole, weighing the good with the bad and the needs of all constituents and/or the state as a whole, rather than those of a particular group or individual.

Letter Writing and E-Mail

A personal letter or message via e-mail or the Internet may be the most effective way of contacting your legislator,whether in Pierre or Washington.

1. ADDRESS IT PROPERLY: Know your legislator’s full name and correct spelling.

2. ALWAYS INCLUDE YOUR LAST NAME AND ADDRESS ON THE LETTER OR E-MAIL. A letter cannot be answered if there is no return address and this shows you are a constituent.

3. USE YOUR OWN WORDS. Avoid form letters and petitions. They tend to be identified as organized pressure campaigns and are often answered with form replies.

However, a petition does let the legislator know that the issue is of concern to a large number of people (addresses with zip codes should be given for each signature). One thoughtful, factual, and well-reasoned letter carries more weight than 100 form letters or printed postcards.

4. TIME THE ARRIVAL OF YOUR LETTER OR E-MAIL. Try to write to your legislator, and the chairperson of the committee dealing with a bill, while a bill is still in committee and there is still time to take effective action. Sometimes a bill is out of committee, or has been passed, before a helpful, informative letter arrives which could have made a difference in the way the bill was written or in the final decision.

5. KNOW WHAT YOU ARE WRITING ABOUT. Identify the bill or issue of concern to you.

Hundreds of bills and resolutions are introduced in each session. If you write about a bill, try to give the bill number or describe it by popular title, such as “the Whistleblower’s Act,” or “the School Code.”

6. BE REASONABLY BRIEF. Many issues are complex, but a single page, presenting your opinions, facts, arguments, or proposals as clearly as possible, is preferred and welcomed by most legislators.

7. GIVE REASONS FOR YOUR POSITION. Explain how the issue would affect you, your family, business, or profession—or the effect on your community or our state. If you have specialized knowledge, SHARE IT WITH YOUR LEGISLATOR. Concrete, expert arguments for or against the bill can be used by the legislator in determining the final outcome of a bill.

8. BE CONSTRUCTIVE. If a bill deals with a problem you admit exists, but you believe the bill is the wrong approach, explain what you believe to be the right approach.

9. GROUPS AND INDIVIDUALS SHOULD DETERMINE THEIR PRIORITY CONCERNS

and contact the legislator on those specific  issues rather than on every issue. The “pen pal” who writes every few days on every conceivable subject tends to become a nuisance, rather than an effective voice of concern.

10. YOU MAY NOT ALWAYS RECEIVE A LONG, DETAILED RESPONSE.
Legislators are very busy and usually cannot respond with long, personal replies to each correspondent.

11. WRITE TO EXPRESS APPRECIATION when you feel a legislator has done a good job.

Legislators are human too and seldom receive “thank you” letters of encouragement.

Remember, on any one issue, even a few letters or e-mails to one legislator can have an important impact. Sometimes just one letter or e-mail, with a new perspective, or with clear-cut, persuasive arguments can be the decisive factor in a legislator’s action.

                                                       * * * * *

  

If you decide you want to be further involved in the future of a particular bill,

KEEP TRACK OF THE BILL. Consider testifying on it before a committee.

There may also be a public hearing on it in your area. 

not always, possible for a legislator to come out to meet briefly with you.

Making Sense of the Proposed Cuts to Education & medicaid

There is much concern over the proposed cuts to education and Medicaid, and with good reason, and what it will mean to our schools and assisted living facilities. All of the Legislators have been receiving email messages, phone calls and comments at cracker barrels about this.

As a new Legislator, I am doing my best to sift through the myriad of information and make some sense out of all of this in order to give you, the constituent the best answers.

A $127 million deficit cannot be addressed without looking to the largest tax dollar expense, which is education. Nearly half of every tax dollar is spent on K-12, Higher Ed, Tech Schools, and the Dept. of Education.

A 10% cut to state aid to education does not mean 10% less money to schools. It's only 10% of the state aid amount, which is $4,804.46 PSA ( per student amount) - $ 480. 46. Schools also receive funding from Capitol Outlay, Special Education and receipts such as fines, bank franchise taxes and gross receipt taxes. The average school will see a cut of 5.4%. This does not push education costs back on to property tax payers. Because the state's share of state aid is cut, the share is paid by property taxes, also goes down.

The schools make the final decision as to how that money will be allocated after receiving the funding. Cuts to education will mean that schools take a closer look at how they do business and seek to be more efficient. It does not have to mean that vital programs are ended.

Medicaid is the second largest portion of the state budget. Medicaid funding is extremely important to helping the mentally ill in this state live a life outside of the Human Service Centers. These residents often require assisted living services once they are living in our communities. Families that can not afford insurance, also depend on Medicaid for their children as do the elderly.

There are primary factors that affect South Dakota's Medicaid contribution. An increase or decrease in any of these factors changes cost.

South Dakota's Medicaid costs are increasing as more and more people are enrolled. Poverty has increased in South Dakota as a result of the national recession. Statewide, 14.2% of South Dakotans are poor and 18.2% of children are poor. South Dakota partners with the Federal Government to provide healthcare to this increasing number of low-income children, elderly and disabled citizens.

In FY10, 13.66% of all South Dakota residents were eligible for Medicaid or CHP- the Children's Health Insurance Program. This is an increase from a four year average participation rate of 12.89% of residents from FY06 to FY09. More enrollments mean more cost.

Eighty percent of the new enrollees in Medicaid during the past two years have been children from families whose household income is less than 200% of the federal poverty level. One of three South Dakota children is insured by CHP/Medicaid.

Under Medicaid, the Federal Government contributes $1 for every $1 a state spends on its Medicaid program, whatever the cost will be. The fixed percentage paid by the Federal Government, known as FMAP ( Federal Medical Assistance Percentage), varies from state to state. Poorer states receive a greater federal amount for each state dollar spent than do wealthier states. The FMAP is adjusted quarterly to reflect changes in the total personal income received by the citizens of each state.

For the first quarter of FY11, the Federal Government will pay about 71% of all Medicaid costs in South Dakota - leaving the states general fund paying 29%. However, by the first quarter of FY12, the FMAP will only be 59%, raising the states share of expenses to 41%, or a loss of 12% federal funding.

So the cuts to Medicaid is as a result of lost federal matching dollars and an increase in enrollees. So to say that there will be "cuts" made in Medicaid is probably not as accurate as saying that there is a "loss" of federal matching dollars to Medicaid.

I realize that this is only a bird's eye view of the picture, but hope that I was able to help you understand the reasons behind the cuts that will be coming. Remember, the Governor's proposal is for one year, at this point, the Legislators are looking at what will come after that year and how we can increase revenue to our state's budget to ensure additional cuts do not occur.

If you have any questions, please feel free to contact me. You can either email me at my state address rep.stricherz@state.sd.us or my personal email address pastricherz@gmail.com.

Sales Tax on Food

Legislative Bulletin
Issue Number 2    February 2, 2011

A proposal to eliminate the state tax on food has been rejected by the House Taxation Committee on a party-line vote of 11-4.

HOUSE BILL 1131 would have offset the drop in food tax dollars by raising the general sales and use tax rate to 4.35 percent.

SDRA joined the South Dakota bureau of Finance and Management and the South Dakota State Chamber of Commerce in opposing this bill.

Here are some of the arguments made for keeping the tax on food in place, and against passage of HB 1131:

* South Dakota has a broad tax system. Taxing allows the state to keep the overall rate low, and also helps the state imposing a personal or corporate income tax.

* The poorest people in the state are currently eligible for the sales tax on food refund program.

* In 2004 the voters of South Dakota voted overwhelmingly against a proposal to eliminate the tax on food.

* SDRA lobbyist Ron Olinger told the committee that the plan would do nothing to address the current state budget crisis, and would in fact hamper the ability of the Legislature to raise the state sales tax if they determined there is a crucial need for additional revenue.

A Message From Representative Stricherz

January 31, 2011

As we enter into February, I wanted to reflect on the weeks past that I have served as your State Representative. I can honestly tell you that the learning curve has been a steep one and everyday I learn something new. But there has never been a job that I can say that I have enjoyed more then this one!

HB 1055 was my first bill and was immediately sent to the 41st Legislative day...OUCH! A slight wound to the ego, but I pulled up the sleeves and went back to work. HB 1055 was to allow volunteer firefighters and first responders to wear their emergency radios while at their jobs as well as allow response to emergency calls while on the job without punishment.  It was opposed because it was thought to have consequences that would prevent employers from hiring anyone that was a member of their local Fire Dept.

HB 1066, my second bill....again was sent to the 41st legislative day. HB 1066 gave judges the option of setting punishment for failure to comply with a court ordered visitation schedule at a class 2 misdemeanor when the standard punishment of contempt of court didn't remedy the problem. I sent it to the 41st Legislative day because of a miscommunication and eventually a delay in an amendment that I had prepared. I just felt that this bill was not ready to be heard in committee as was written.

HB 1219 is my third and final bill of the session. I have not been given a date as to when it will go to committee yet. But I understand that the 3rd time is a charm! This bill would allow tenants in a month-to-month lease that has resided at the same residence in good standing for two or more years, a 60 day notice to quit rather than the usual 30 days. It is also Military specific and would give the families left behind during deployments an additional 60 days to move in addition to the 30 days, so 90 days total. I am seeking the 90 days for Military families to give the spouse that is left behind ample time to find a new residence, arrange help in moving and to be able to notify the Military member that is deployed. Not always will our deployed Military members be given access to email or "snail" mail on a regular basis.

Of course, the issue that is at the forefront of every one's mind is the budget and the proposed 10% cuts. As we move into the final 6 weeks of the session, discussions are constant as we debate what is in the best interest of the citizen's of South Dakota. There are a few ideas that are up for debate right now, but nothing is finalized.  All of us have been receiving letters and emails from our constituents, keep them coming! We need to hear from you. We have been given some very good ideas and have added them into our discussions.

I must be blunt here....we love hearing from all of you, after all we are your elected officials, however as just a reminder, no matter how passionate you may be over an issue, please remember respect and manners in your comments. Some of the Legislators have been given some nasty comments, finger movements during cracker barrels and out right unruly behavior. This does not help any situation and certainly is not helpful in finding solutions to problems.

I apologize that I have not been very consistent in posting information on this blog. My day begins early and ends late, so I just haven't be given the time to write.  Our social calendar has been crazy,but will be slowing down over the next few weeks. In fact,I am embarrassed to have to admit that there has been events that I sent RSVP's too then missed because I get my nose into codified law and totally forget! If I am not reading or researching I am asking hundreds of questions to other legislators, leaders or the LRC staff. When I finally find my way back to my hotel room I check and answer emails and messages then go to bed.

In the mean time,if you need to speak to me I can be reached via email at rep.stricherz@us.state.sd, or look for me on my facebook page. If all else fails give me a quick call and leave a message, I can be reached at 605-201-6372.

God Bless!

Patricia Stricherz

Governor's Budget Address

January 19, 2010

The Governor's budget address on Wednesday, January 19th paints a grim picture for the state of South Dakota, in particularly for education and social service programs.

Please keep in mind that this is only a suggestion at this point. There is still much work to be done in the Legislature and the Senate.

As member of the Education Committee I have been given the opportunity to speak with many about the proposed cuts to education and to ask the important questions about our students receiving the best education possible. As you can imagine, they are preparing for the worst. They are thinking outside the box and getting creative to ensure that our educators be prepared to provide the same capacity of education with less funding.

The way the state budget is designed 49% of the total budget goes towards education,37% of the total budget goes towards services to help people,i.e. Medicaid, these two areas is where the largest portion of the total budget is spent, the remaining portions are spent on protecting the public with the least amount being spent on state government. Over the past four years our revenue has dropped while expenses have increased. The biggest influx of the states expenses has come from the increased utilization of Medicaid.

It's impossible to pay for more when you have less to spend. No one is in favor of cutting anything, if there were another way we would implement it. Unfortunately, we are at a point where the tough decisions must be made. It's time to get serious and rectify the problem if we want a brighter future for South Dakota.

You are welcome to post questions, comments or insults. This site was desinged to assist you to stay in contact with your elected Representative. I can assure you that we will not always agree on the issues or the answers,but at least we can communicate to make us all better informed, to work together to make South Dakota government run the way you think it should be.

Representative Patricia Stricherz

The Preamble To The South Dakota Constitution

The preamble to the South Dakota Constitution reads:

We, the people of South Dakota, grateful to Almighty God for our civil and religious liberties, in order to form a more perfect and independent government, establish justice, insure tranquillity, provide for the common defense, promote the general welfare and preserve to ourselves and to our posterity the blessings of liberty, do ordain and establish this Constitution for the state of South Dakota.

History: Amendment proposed by SL 1975, ch 1, rejected Nov. 2, 1976.

Voter Speak ~ November 2010

WELCOME TO A VOICE FOR THE PEOPLE!

As your State Representative I wanted to find a way that would allow instant citizen participation in legislative assessment and reflection.  Facebook is a good place to start, and you can certainly post comments on my Facebook page, but I wanted a better way that would encourage continued participation with citizens, lobbyist and media through discussions, debates, polls, posting ideas and commentary.


Occasionally, pieces of Legislation that I am working on will be posted here for your review, discussion, debate and comments as well.

To particpate in debates, post comments, join discussions, post ideas, take polls, all "Voter Speak" members must login.

All information posted here is public, transparent, and subject to commentary. Please remember you are a guest here and use respect, be polite and refrain from name calling and insults. We want this to be a positive experience for everyone.  

Rep. Patricia Stricherz
District 8 State House