The second meeting of the interim Legislative Redistricting Committee was called to order by Co-Chair Michael Derby at 9:10 a.m. CDT, July 24, 2001, in the Multi-purpose Facility on the Sinte Gleska College campus in Mission, South Dakota.

A quorum was determined with the following members answering the roll call: Senators Eric Bogue, Don Brosz, Arnold Brown (Co-Chair), Robert Duxbury, Jim Hutmacher, and Gil Koetzle; and Representatives Michael Derby, Jay Duenwald, Kent Juhnke, Matthew Michels, Mel Olson, Gordon Pederson, Bill Peterson, and Paul Valandra. Senator Barbara Everist was excused.

Staff members present included Reuben D. Bezpaletz, Chief of Research Analysis and Legal Services; Fred Baatz, Senior Research Analyst; and Annie Mertz, Senior Fiscal Analyst.

(NOTE: For sake of continuity, the following minutes are not necessarily in chronological order. Also, all referenced documents are on file with the Master Minutes.)

(NOTE: Legislative Redistricting Binders were distributed to the committee members at the first meeting and will be labeled as Document #1 throughout the duration of the committee's meetings.)

Co-Chair Michael Derby welcomed the members and public to the meeting and thanked Representative Valandra for organizing the meeting and providing a wonderful facility for the committee's use.

Senator Hutmacher moved to approve the minutes of June 19, 2001.

Representative Olson made a substitute motion to amend the minutes as follows: On page 6, "REPRESENTATIVE OLSON MOVED, SECONDED BY REPRESENTATIVE GORDON PEDERSON, THAT, FOR THE PURPOSES OF MAP DEVELOPMENT, THE COMMITTEE COMPLY WITH THE FEDERAL VOTING RIGHTS ACT AND STAY WITHIN A MAXIMUM GROSS DEVIATION OF TEN PERCENT." The motion prevailed unanimously on a roll call vote and the minutes were approved as amended. Everist was excused.

Mr. Reuben D. Bezpaletz addressed the Federal Voting Rights Act, federal court cases, and a brief historical background of redistricting on the South Dakota reservations. He also detailed the Three 5s rule which encourages the election of minority candidates by giving the district a 65% majority instead of just 51%. The Three 5s rule adds 5% because the minority population is younger; 5% because the minority population is poorer; and 5% because the minority population is not politically active. By combining these factors, the district can have 65% minorities and not violate the rule against "packing" a district.

Mr. Bezpaletz spent a considerable amount of time explaining the minority/majority district maps in Document #1.

Former Representative Larry Lucas asked about the effect of the voting age population on the reservation. Mr. Bezpaletz responded that the voting age population on the reservations is lower than the general population.

Representative Matthew Michels asked whether there were any court cases that specifically addressed isolated minority populations. Mr. Bezpaletz did not know of any and added that the majority of those cases dealt with the black and Latino populations.

Representative Dick Hagen said there is no public outcry to change the district boundaries of his district.

Representative Jim Bradford testified that he had received several calls from people in the northern half of Bennett County saying they did not feel they received the legislative representation needed because Bennett County was split into two legislative districts. He also said that he would like all of the Oglala people back together. However, he is not necessarily against the current plan.

Former Representative Larry Lucas would like the committee to look at the following issues: 1) the reasons people aren't voting; 2) voter education on election issues and procedures; and 3) keeping the identities of Todd and Shannon Counties separate.

The committee recessed at 11 a.m. CDT with instructions to continue the meeting at the Wolf Creek School on the Pine Ridge Reservation at 2 p.m. MDT.

Co-Chair Arnold Brown called the meeting back to order at 2:20 p.m. MDT at the Wolf Creek School gymnasium. He thanked Representatives Dick Hagen and Jim Bradford for organizing the meeting facility and the tour of Pine Ridge.

After legislator introductions, Mr. Bezpaletz gave a short explanation of the concept of redistricting, including conurbation area maps in the Sioux Falls and Rapid City regions.

Representative Paul Valandra submitted Document #2 and Document #3 to the committee. He explained that he had been in contact with the American Civil Liberties Union Foundation and they had provided him with redistricting maps and other information concerning redistricting.

Ms. Bernadine Blue Bird from the Oglala Sioux Tribe told the committee that the tribe has filed an appeal to the Census Bureau on the 2000 Census numbers. She testified the tribe felt they were undercounted by a significant amount. Ms. Blue Bird said that the number of enrolled tribal members is about 38,000, and the number of active files at the Indian Health Services support that figure.

Mr. Bezpaletz told the committee that 20 years ago the tribe appealed the census, and it was subsequently amended from about 9,500 to over 11,000. The Census Bureau considers the census final until such time as the Federal Court would open it again. Mr. Bezpaletz said there are fewer appeals with this census than with either the 1980 or 1990 census numbers, and the Legislature must use the current census numbers until the courts or Census Bureau provide different numbers.

Senator Robert Duxbury asked the difference between the number of registered state voters and the number of registered tribal voters. Representative Jim Bradford thought the tribal registration was much higher.

Senator Jim Hutmacher wondered if there was any way the state could use tribal enrollment as a way to register Native American voters.

Representative Bradford explained that there is much confusion as to where people are supposed to vote. The Shannon County elections are supervised by the Fall River County officials, and they do not know the reservation precincts as well as they should. There is also a problem with the mobility of tribal members. The tribal members do not realize they have to change their voter registration each time they move out of the precinct.

Mr. Jerald Big Crow, a tribal council member from the Pine Ridge Reservation, explained to the committee the importance of giving Shannon County more representation. He also felt that Jackson County, portions of which are in the Pine Ridge Reservation, should be represented by the same people as Shannon County.

Co-Chair Brown explained the procedures of calling the special legislative session to deal with redistricting. He said that he had a petition drafted and will present it to the Executive Board; and if it is approved, he will send it to each legislator for signature. He feels that because of the subject matter it should be the Legislature that calls the special session and not the Governor.

Upon some confusion regarding the date of the third meeting, Co-Chair Arnold Brown reiterated that the next meeting will be held in the State Capitol in Pierre on August 21 and 22, 2001, and the special session is slated for October 23-25, 2001.

SENATOR BOGUE MOVED, SECONDED BY REPRESENTATIVE DUENWALD, THAT THE COMMITTEE BE ADJOURNED. The motion prevailed unanimously on a voice vote.

The committee adjourned at 5:05 p.m. MDT.