The fourth meeting of the interim Legislative Redistricting Committee was called to order by Co-Chair Arnold Brown at 9:05 a.m., September 28, 2001, in LCR 1 and 2 of the State Capitol, Pierre, South Dakota.

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

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; Fred Baatz, Senior Research Analyst; Jacquelyn Storm, Principal Legislative Attorney; 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).

Co-Chair Arnold Brown informed the committee that officials from the Rapid City Journal were listening to the proceedings of the meeting via telephone.

REPRESENTATIVE OLSON MOVED THAT THE MINUTES OF THE THIRD MEETING (AUGUST 21 AND 22, 2001) BE APPROVED.

Representative Matthew Michels asked that action on the minutes of the third meeting be deferred to allow him time to formulate a possible motion for correction of the minutes.

There being no other changes to the agenda, Co-Chair Brown, with the consensus of the committee, declared that the agenda was accepted, with the deferral of action on the minutes moved to the end of the agenda.

Mr. Jim Fry, Director, reported on the status of the materials sent to the Department of Justice, as directed at the committee's August 21 and 22, 2001, meeting. He listed the following among the materials that were included in the submission for preclearance of redistricting the state maintaining old District 27:

1. A transmittal letter of explanation asking for expedited preclearance;
2. The map labeled "Old District 27";
3. Other maps germane to the issue;
4. Voter registration materials; and
5. Newspaper articles related to redistricting.

Mr. Fry said that he was informed by the person who preliminarily reviewed the submission that it may be returned until the entire Legislature has acted on the map; however, they may make a preclearance decision in this instance. He said that the Department of Justice has requested materials showing "more area around the district."

Mr. Reuben Bezpaletz, LRC, distributed copies of a transmittal letter from Mr. Curtis O. Nupen, Meade County Commissioner, and an accompanying resolution from the Meade County Commission to support requesting a legislative district consisting only of Meade County, which was signed by Mr. Robert Mallow, Chair of the Meade County Board of County Commissioners (Document #2).

Mr. Bezpaletz also distributed copies of a letter from Ms. Carol Maicki, Black Hawk, South Dakota, supporting the Meade County Commission's resolution (Document #3).

Mr. Bezpaletz explained that Representative Jim Bradford pointed out that Bennett County was omitted in the Native American Demographics. To address that omission, Mr. Bezpaletz distributed replacement copies including Bennett County in those demographics (to be inserted at the beginning of Tab 7 in Document #1).

Mr. Bezpaletz reported that Representative Jarvis Brown expressed his favorable opinion of the LRC Working Draft Map "Foundation/Oak"; however; whatever is done in the area, Representative Brown said that Faulk County should go to the north instead of the south.

Senator Paul Dennert said that the Foundation map concerning Brown County and Spink County was very acceptable to him and those he talked to, according to Mr. Bezpaletz.

Mr. Bezpaletz said that Representative Ted Klaudt asked for a map to keep Corson County on the west side of the river and to see a purely "cowboy" district. He said that "Sagebrush Sandbur" was an attempt to address Representative Klaudt's request, and it also contains several interesting East River district configurations.

Mr. Bezpaletz said that LRC Working Draft Maps "Foundation Pine," "Foundation Oak," and "Foundation Cottonwood" are the maps that, in his opinion, are the most technically adept. Foundation Pine splits no counties, except Bennett County, which the committee instructed staff to do in the foundation map at the last meeting.

To answer a question posed by Senator Jim Hutmacher, Mr. Bezpaletz said that one of the main objectives during the 1991 redistricting was to split as few counties as possible; however, those principles do not automatically carry over to this year's redistricting, unless directed by the current Legislative Redistricting Committee.

Mr. Bezpaletz said that "Foundation Cottonwood" breaks only one county and that "Foundation Plum" offers a good solution to the Davison County and Sanborn County areas.

Responding to questions from Senator Barbara Everist concerning public access to materials, Mr. Bezpaletz said that any materials that have been presented during the course of the committee's deliberations are available to the public and members of the media in the Examination Redistricting Binder (Document #1). He said that reporters have had access to everything and that several have visited the LRC office, looked at the binder, and posed questions that were answered.

Senator Everist reported on an ad hoc redistricting meeting in Sioux Falls. She said that the public and members of the media were invited to the meeting and that it was a very open process. Senator Everist said that all involved worked very hard and followed all the guidelines to develop a Sioux Falls conurbation map. She said that voters appreciate the continuity of maintaining districts that are familiar. Senator Everist said that she began to develop a statewide map based on input from those in attendance (Document #4). She said that the map carries a statewide 9.1% deviation?the city of Sioux Falls is within a 2% deviation?splits four counties, and is as close to current construction as possible. Senator Everist said that until Rapid City has decided on a plan, the map does not configure that city.

Senator Robert Duxbury objected strongly to the splitting of the city of Huron in the Everist map. Senator Everist said that Senator Duxbury's concern could be addressed to minimize the objections of Beadle County and Huron.

Co-Chair Michael Derby reported on an open ad hoc redistricting meeting in Rapid City. He said that the attendees selected a map ("Rapid City Minimal") which comprises the least disruptive changes to current districts.

Mr. Curtis Nupen, Piedmont, SD, Meade County Commission, stated: "The Black Hawk area has been growing. It will probably equal Ellsworth in a couple of years. Our area belongs in Meade County. We want it to stay in Meade. Flip-flop Ellsworth for Black Hawk."

Mr. Bob Mallow, Black Hawk, SD, Meade County Commission, expressed support for "keeping Meade County together." He said that Ellsworth Air Force Base is connected more to Pennington County and the Rapid City area.

Ms. Julie Pearson, Pennington County Auditor, said that many residents of Ellsworth Air Force Base maintain their voting registration in South Dakota. She said that those voters vote "more at the top of the ticket." Ms. Pearson agreed with the others that Ellsworth Air Force Base is connected more to Pennington County.

Ms. Rhenda Strub, Piedmont, SD, testified that not only is keeping Meade County together beneficial for the voters but also gives to area residents power as a voting block. She said that water quality is a major concern in the area and needs to be improved. Ms. Strub stated: "We need local Piedmont Valley held together to be able to form a local voting block to deal with local issues." She agreed that Ellsworth Air Force Base is connected more to Pennington County than to Meade County.

Representative Bill Peterson asked Ms. Strub if the map "Rapid City Minimal" addresses her concerns. Ms. Strub responded: "No, switch Black Hawk for Ellsworth."

The committee recessed at 11:55 a.m. and reconvened at 1:20 p.m.

Representative Thomas J. Van Norman, Eagle Butte, said that for the redistricting process to be fair to Lakota voters, District 28A should remain as it is currently configured. He distributed copies of maps faxed to him from Mr. Bryan Sells, American Civil Liberties Union (ACLU), that the ACLU believes comply with the Voting Rights Act (Document #5).

Responding to Representative Matthew Michels, Representative Van Norman said that there is a community of interest?socially, culturally, and politically?in the current structure of District 28A. He said that there is a lot of commonality among the people living within the current district.

At this time, Representative Van Norman distributed a map which he said is an attempt to address legislative concerns about Belle Fourche (Document #6) and additional maps (Document #7).

Senator Bogue said that he would have to be provided numbers to show how Representative Van Norman's discussion maps would fit into the rest of the state.

Representative Van Norman said that he wants to work cooperatively with the committee in developing a solution to redistricting the state in a manner that complies with the Federal Voting Rights Act. He said that he is submitting his proposals so that staff can work on how the proposals would work into the rest of the state.

Ms. Brenda Blue Arm and Ms. Madonna Thunder Hawk, Eagle Butte, SD, expressed support for maintaining District 28A as it is currently configured. Ms. Blue Arm said that the area people are very comfortable with the "way the district is." Ms. Thunder Hawk said: "This district needs to stand. If for nothing else?for equal opportunity."

The committee recessed at 2:20 p.m. and reconvened at 3:00 p.m.

Discussion ensued on how to proceed with disseminating information. Co-Chair Arnold Brown suggested that the committee agree on several specific maps to be released to the legislators and the public. Senator Barbara Everist agreed that the committee needs to narrow its options so it can come to a consensus. Co-Chair Michael Derby said to make "Pennington Minimal" available. Senator Everist said to make "Prairie Two" available. Representative Mel Olson expressed that he did not like the Sioux Falls map and said that surrounding areas "might want to look at it to see how they might be affected." He suggested considering "Foundation Cottonwood." Representative Bill Peterson said that the committee also should make one or two statewide maps available. He also said that Lennox is adamantly opposed to being included in Minnehaha County; they want to be included in Lincoln County. Co-Chair Brown said that the maps selected to be sent out are not "set in stone."

SENATOR EVERIST MOVED, SECONDED BY REPRESENTATIVE JUHNKE, THAT "PRAIRIE TWO" FROM SIOUX FALLS BE INCLUDED IN THOSE MAPS TO BE SENT TO ALL LEGISLATORS. The motion prevailed on a voice vote.

REPRESENTATIVE OLSON MOVED, SECONDED BY SENATOR HUTMACHER, THAT "FOUNDATION PINE" BE INCLUDED IN THOSE MAPS TO BE SENT TO ALL LEGISLATORS. The motion prevailed on a voice vote.

REPRESENTATIVE DERBY MOVED, SECONDED BY REPRESENTATIVE PETERSON, THAT "SAGEBRUSH/COCKLEBUR" BE INCLUDED IN THOSE MAPS TO BE SENT TO ALL LEGISLATORS. The motion prevailed on a voice vote.

There was also committee consensus to distribute Pennington Minimal and Prairie Two/Sioux Falls.

SENATOR BOGUE MOVED, SECONDED BY REPRESENTATIVE DUENWALD, THAT THE FINAL REDISTRICTING MAP BE SEQUENTIALLY NUMBERED STARTING AT THE NORTHWEST CORNER OF THE STATE.

Senator Everist said that she may be agreeable to Senator Bogue's motion at a later date; however, it may confuse those who are used to the way districts are currently numbered.

Co-Chair Brown agreed and suggested that the committee wait to make a decision on the motion.

Senator Bogue said that he will withdraw his motion until the next meeting.

Co-Chair Brown asked the committee to be thinking about the procedures to follow for the upcoming Special Session to redistrict the state.

The committee agreed to mail the maps to every legislator, to make them available to the news media, and to put them on the Internet.

The committee set its next meeting date as October 9, 2001.

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

The committee adjourned at 4:12 p.m.