The third meeting of the interim Legislative Redistricting Committee was called to order by Co-Chair Arnold Brown at 9:00 a.m., August 21, 2001, in LCR 1 and 2 of the State Capitol, Pierre, South Dakota.

A quorum was determined. The following members were present at all or part of the meeting: Senators Eric Bogue, Don Brosz, Arnold Brown (Co-Chair), Robert Duxbury, Barbara Everist, and Gil Koetzle; and Representatives Mike Derby (Co-Chair), Jay Duenwald, Kent Juhnke, Matthew Michels, Gordon Pederson, and Bill Peterson. Senator Jim Hutmacher and Representatives Mel Olson and Paul Valandra were excused. (NOTE: Representative Derby was in attendance part of August 21, 2001, and excused on August 22, 2001; Representative Duenwald was in attendance on August 21, 2001, and excused on August 22, 2001.)

Staff members present included Jim Fry, Director; Reuben D. Bezpaletz, Chief of Research Analysis and Legal Services; David L. Ortbahn, Principal Research Analyst; Reed Holwegner, Senior Fiscal Analyst; Annie Mertz, Senior Fiscal Analyst; Jacquelyn Storm, Principal Legislative Attorney; Lou Adamson, Legislative Information System Coordinator; and Teri Retrum, Senior Legislative Secretary.

(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: Prior to the first meeting, June 19, 2001, LRC staff distributed three-ring binders containing redistricting information. Additional material presented at this meeting and at subsequent meetings will continue to be placed in the binder. The binder has been labeled as Document #1 and will be referred to as such throughout the duration of the committee's meetings. Materials distributed at each meeting will be sequentially labeled for that meeting, beginning with Document #2).

Senator Eric Bogue said that, since the software is not yet ready for committee members, perhaps the committee should amend the agenda to convene for one day instead of the scheduled two days. Senator Bogue said that then the committee could meet again at a later date after members have had the software available to them to draw some maps for discussion and consideration.

On the matter of race and redistricting, Senator Bogue commented that the Department of Justice developed guidelines to address African-American and Hispanic populations regarding race and redistricting and that those guidelines may not have the same applicability to Native American population areas. He also said that any proposal concerning Shannon and Todd Counties that is sent to the Department of Justice for preclearance should be accompanied by a request for an expeditious response.

Co-Chair Arnold Brown said that he has asked the Executive Board of the LRC for permission to meet two extra days at the discretion of the committee. He said that he also asked Mr. Jim Fry, Director, LRC, to poll board members regarding the request and that a majority of the polled members have verbally granted approval. (NOTE: Director Fry submitted the results of that poll for the record?labeled Document #2).

Co-Chair Brown then asked Senator Barbara Everist and Representative Kent Juhnke to report on ad hoc redistricting meetings in their respective areas.

Senator Everist began her comments by stating that, at her request, Mr. Reuben Bezpaletz, Chief of Research Analysis and Legal Services, LRC, provided informative input at the meeting and thanked him for that service. She reported that the participants at the meeting considered Sioux Falls Conurbation A Eight Districts, Sioux Falls Conurbation B Seven Districts, and Sioux Falls Conurbation C Six Districts (all included in Document #1). Senator Everist said that the consensus of the participants was that Sioux Falls Conurbation A Eight Districts was the configuration that best served the area. She also noted that Sioux Falls Conurbation B Seven Districts received some support, and none of the participants supported Sioux Falls Conurbation C Six Districts.

Reporting on a redistricting discussion meeting held in Martin, Representative Juhnke said that about twenty elected officials and citizens were in attendance and were interested in learning more about the redistricting process. Most saw both advantages and disadvantages in splitting Bennett County.

Mr. Bezpaletz said that it is very important for the committee to focus on the process of redistricting and to build a map working from those areas in the state where there are not as many possible options. He said that the committee should now be ready to make some

preliminary decisions in building a map. Mr. Bezpaletz said that building a single map generally works better than having numerous competing maps. He said that any decisions made at this meeting are not "chiseled in granite" and can be changed. Mr. Bezpaletz commented that the southeastern corner of the state is technically the most difficult to district. One of the main features that poses difficulty in the area is that most of the city of Sioux Falls lies in Minnehaha County, but a significant area of southern Sioux Falls lies in Lincoln County.

For informational purposes, Mr. Bezpaletz related that Representative Clarence Kooistra expressed at the Sioux Falls meeting that he was very concerned about fractured rural areas in Minnehaha County not receiving adequate representation in the Legislature.

Mr. Bezpaletz reported on recent developments and reviewed recent maps and materials that were mailed to the committee. He briefly discussed American Civil Liberties Union (ACLU) concerns and commented that recent federal case law is not inclined toward permitting regression of minority voting strength.

Representative Larry Frost, Aberdeen, testified that residents do not want Aberdeen to be "an island unto itself" and that there is overwhelming support in the community for keeping Aberdeen and surrounding areas as close as possible to the current configuration.

Ms. Sharon Stroschein, Aberdeen, said that she is from rural Brown County and prefers not to have separate rural and urban districts. She said that she wants representation from both areas and that the current district configuration works really well.

Representative Jim Hundstad, Bath, echoed the comments as stated by the above public testifiers.

Senator Paul Dennert, Aberdeen, also expressed support and agreement with the above public testifiers and stated that Aberdeen receives better representation as the district is currently drawn.

Senator Elmer Diedtrich, Aberdeen, stated that he "likes the way it has been working in the last ten years?I am hoping for very little change in the district."

Mr. Keith Johnson, Aberdeen, expressed that, while he is satisfied with the status quo in Aberdeen, he believes that the state should consider single-member House districts. He related personal experiences with such while living in Connecticut.

Ms. Jennifer Ring, Executive Director of the ACLU of the Dakotas, spoke from prepared remarks. Ms. Ring said that the ACLU encourages the state to recognize the Native American population as general communities of interest. Ms. Ring said that South Dakota reservations are highly compact with well-defined minority blocks, which makes them very conducive to majority-Indian districts (Document #3).

Representative Bill Peterson asked Ms. Ring who developed the maps recommended by the ACLU and expressed concern about gerrymandering and about the possible disenfranchisement of one block of voters to the benefit of others. Ms. Ring said that the maps were prepared by the Atlanta Division of the ACLU and that drawing districts based on commonality does not constitute gerrymandering.

Representative Jim Bradford, Pine Ridge, said that neither the Oglala Sioux Tribe nor the Rosebud Sioux Tribe would necessarily agree with the ACLU map. He said that the Oglala people want to be together in one district. Representative Bradford said that it is important that the Oglala people have the opportunity to be represented in the Legislature.

Representative Thomas J. Van Norman, Eagle Butte, read the text of a letter from him addressed to Senator Arnold Brown, Co-Chair, and Representative Michael Derby, Co-Chair, Legislative Redistricting Committee, urging that the redistricting process be fair to Lakota voters in District 28A and within the state of South Dakota and asked that the letter be entered into the permanent record (Document #4). Representative Van Norman also informed the committee that he has received calls from other tribal members expressing their desire for the district to remain the same.

The committee recessed at 12:05 p.m. and reconvened at 1:27 p.m.

Mr. Maynard Whitmyre, Mrs. Shirley Whitmyre, and Mr. Richard Schiley, Webster, asked the committee to give serious consideration to making Day, Marshall, and Roberts Counties one district. Mr. Whitmyre said that there is a lot of commonality to the area, and the counties have a long tradition of working and being together. Copies of the remarks were distributed (Document #5).

The committee spent the remainder of the afternoon discussing the following:

1. Lakota Areas?Specific configurations, disposition of Haakon County, single-member majority-minority House districts, and desirability of preclearance;
2. Formulation of a Brookings District;
3. Formulation of a Watertown District;
4. Formulation of two Brown County Area Districts;
5. Jointure of Marshall, Day, and Roberts Counties;
6. Formulation of Sioux Falls Conurbation area; and
7. Formulation of two southeastern districts.

After committee discussion concerning the Lakota areas, Co-Chair Brown asked Mr. Bezpaletz if the Modified District 27 configuration, which encompasses all of Shannon and Bennett Counties and the western half of Todd County, would be approved by the Department of Justice. Mr. Bezpaletz responded that, in his opinion, it would be a close question whether Modified District 27 would be able to withstand the scrutiny of the Department of Justice.

In formulating a Brookings District, Co-Chair Brown said that, while his personal preference leans toward the configuration titled Brookings Pink, the majority of the other interested parties in the area prefer the configuration titled Brookings Blue. Co-Chair Brown said that the consensus of the majority is acceptable to him and that he would support Brookings Blue.

Senator Everist said that she could see no reason not to consider Brookings Blue.

Regarding a Watertown District, Senator Don Brosz expressed his preference for Watertown Green.

Senator Gil Koetzle, Senator Barbara Everist, and Representative Bill Peterson each expressed a desire to keep Minnehaha County as self-contained as possible.

REPRESENTATIVE BILL PETERSON MOVED, SECONDED BY SENATOR EVERIST, THAT THE COMMITTEE RECESS. The motion prevailed on a voice vote.

The committee recessed at 4:50 p.m. and reconvened at 9:05 a.m. on Wednesday, August 22, 2001.

With the consensus of the committee, Co-Chair Brown set September 28, 2001, as the next meeting date. Also, with committee agreement, Co-Chair Brown tentatively reserved October 4 and 5, 2001, for committee work, if needed.

REPRESENTATIVE MICHELS MOVED, SECONDED BY SENATOR EVERIST, THAT THE COMMITTEE AMEND THE AGENDA TO DISCUSS MAKING A DECISION ON WHICH LAKOTA AREA CONFIGURATION TO SEND TO THE DEPARTMENT OF JUSTICE FOR PRECLEARANCE. The motion prevailed on a voice vote.

REPRESENTATIVE GORDON PEDERSON MOVED, SECONDED BY REPRESENTATIVE JUHNKE, THAT THE COMMITTEE AMEND THE AGENDA TO DISCUSS "RAPID CITY CONURBATION BLACKHAWK." The motion prevailed on a voice vote.

Mr. Fry and Mr. Scott Darnall, Legislative Information System Programmer/Analyst, said that maps and redistricting information can be placed on the Internet whenever the committee deems appropriate.

Mr. Bezpaletz asked for direction on how to disseminate redistricting information to legislators not on the Legislative Redistricting Committee and to the general public.

Co-Chair Brown said that, in his opinion, if the committee moves, votes, and passes that a certain configuration or map be drawn, that decision and any resulting configurations or maps should be public information. Co-Chair Brown stated that, on the other hand, to alleviate confusion, the suggested configurations or maps drawn as working drafts remain at the committee level for discussion purposes. Co-Chair Brown also stated that all committee meetings are well-advertised open meetings and that the public, media outlets, etc., are invited to attend and participate.

With committee consensus, SENATOR EVERIST MOVED, SECONDED BY REPRESENTATIVE JUHNKE, THAT THE COMMITTEE DIRECT LRC STAFF TO MAKE AVAILABLE SUGGESTED CONFIGURATIONS OR MAPS TO ANY LEGISLATOR WHO SO REQUESTS, AS LONG AS SUCH CONFIGURATION OR MAP IS CLEARLY MARKED "LRC WORKING DRAFT." The motion prevailed on a voice vote.

SENATOR BOGUE MOVED, SECONDED BY SENATOR EVERIST, THAT THE COMMITTEE DIRECT LRC STAFF TO ADD A LINK TO CENSUS INFORMATION TO ITS LEGISLATIVE INTERNET SITE. The motion prevailed on a voice vote.

Via telephone, Representative Jim Bradford discussed his proposed configuration for the Lakota areas (Oglala/Black Pipe configuration, included in Document #1). The configuration encompasses all of Shannon and Bennett Counties, southern Jackson County, and western Mellette and Todd Counties. Representative Bradford commented that even though his proposal splits three counties, it does no harm. Expressing his concern about "packing" the district, Representative Bradford said that he believes his proposed configuration represents a better district.

Representative Juhnke said that Representative Bradford?s proposal goes against his philosophy of splitting as few counties as possible. Representative Bradford said that he

understands those concerns and that he certainly would work with whatever the committee decides.

Co-Chair Brown thanked Representative Bradford for his input and stated that he has spoken with Representative Paul Valandra and Senator Dick Hagen, who told him that they are "pleased with the way things are."

Senator Robert Duxbury said that Senator Hagen told him that he preferred old District 27.

Responding to committee questions, Ms. Ring said that she would not want to state parameters within which the ACLU would bring a lawsuit; however, Ms. Ring did state that the ACLU is opposed to any plan which diminishes Native American influence in the Legislature.

Stating that the Old District 27 configuration is contiguous, avoids regression, and is a configuration with which the residing population is comfortable, REPRESENTATIVE MICHELS MOVED, SECONDED BY SENATOR EVERIST, THAT THE LEGISLATIVE REDISTRICTING COMMITTEE DIRECT LRC STAFF TO SUBMIT THE MAP LABELED "OLD DISTRICT 27" TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR EXPEDITED PRECLEARANCE UNDER THE VOTING RIGHTS ACT. The motion prevailed unanimously on a roll call vote with 10 voting AYE and 5 EXCUSED. Those voting AYE: Bogue, Brosz, Duxbury, Everist, Koetzle, Juhnke, Michels, Gordon Pederson, Bill Peterson, and Arnold Brown. Those EXCUSED: Hutmacher, Duenwald, Olson, Valandra, and Derby.

Stating his concern that Native American representation not be diluted in the Legislature and to avoid possible conflict with the Department of Justice, SENATOR KOETZLE MOVED THAT THE COMMITTEE PROPOSE MAINTAINING DISTRICT 28A IN ITS CURRENT CONFIGURATION.

After brief committee discussion, Co-Chair Brown declared Senator Koetzle?s motion failed due to lack of a second.

Representative Gordon Pederson asked the committee?s permission to present "Rapid City Conurbation Blackhawk" to the Pennington County Commission and other interested parties for discussion. The committee granted its approval; however, to address time constraints, SENATOR BROSZ MOVED, SECONDED BY REPRESENTATIVE MICHELS, THAT THE COMMITTEE DIRECT STAFF TO DRAFT A LETTER, ON BEHALF OF THE COMMITTEE, TO THE PENNINGTON COUNTY AUDITOR TO REQUEST PENNINGTON COUNTY TO SUBMIT NEW PRECINCT LINES (BOUNDARIES) TO THE LEGISLATIVE REDISTRICTING COMMITTEE BY SEPTEMBER 12, 2001?THE LETTER TO BE SIGNED BY THE LRC DIRECTOR. The motion prevailed unanimously on a roll call vote with 10 voting AYE and 5 EXCUSED. Those voting AYE: Bogue, Brosz, Duxbury, Everist, Koetzle, Juhnke, Michels, Gordon Pederson, Bill Peterson, and Arnold Brown. Those EXCUSED: Hutmacher, Duenwald, Olson, Valandra, and Derby.

The committee recessed at 11:35 p.m. and reconvened at 1:10 p.m.

Ms. L. Lou Adamson, Legislative Information System Coordinator, demonstrated the version of the Autobound software that is available to committee members..

Co-Chair Brown requested an instruction sheet for committee members? use, and Ms. Adamson said that she would prepare an instruction sheet.

Mr. Rich Sattgast, South Dakota Association of County Officials, asked the committee to consider providing technical support to local governments for redistricting purposes.

Co-Chair Brown took the request under advisement.

Ms. Denise Ross, Rapid City Journal, introduced Mr. David Bordwyck, General Manager of the Rapid City Journal and Executive Director of the South Dakota Newspaper Association, who spoke via telephone to the committee concerning public information and encouraged the committee to make all redistricting materials available to the public.

Responding to Senator Everist who queried Mr. Bordwyck on specific ideas on how to provide information, Mr. Bordwyck said that the committee could grant LRC staff permission to provide any such information to the public.

Committee discussion ensued. The committee, as a whole, agreed that the current policy as addressed earlier at this meeting would remain, and several committee members again stated that there is an open public invitation to all committee meetings. Co-Chair Brown also commented that there is a copy of all committee documents in a three-ring binder labeled "Examination Copy" in the LRC office. Senator Bogue said that, to date, LRC staff has developed the majority of maps for illustrative purposes only and that the maps are not indicative of specific legislator requests.

Mr. Bezpaletz said that it is his intention, based upon committee suggestions and except for internal areas in Sioux Falls and Rapid City, that LRC staff will mail several maps that encompass the entire state for the committee?s perusal prior to the committee?s next meeting.

REPRESENTATIVE BILL PETERSON MOVED, SECONDED BY REPRESENTATIVE GORDON PEDERSON, THAT THE COMMITTEE BE ADJOURNED. The motion prevailed unanimously on a voice vote.

The committee adjourned at 3:00 p.m.