The first meeting of the interim Legislative Redistricting Committee was called to order by Co-Chair Arnold Brown at 10:35 a.m., June 19, 2001, in LCR 1 and 2 of the State Capitol, Pierre, South Dakota.

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

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 meeting, LRC staff distributed three-ring binders containing redistricting information. Additional material presented at subsequent meetings will be placed in the binder. The binder will be labeled as Document #1 and will be referred to as such throughout the duration of the committee's meetings.)

Co-Chair Arnold Brown explained that this first legislative redistricting meeting is an opportunity for the committee members to receive information concerning the issue and to discuss preliminary redistricting policies.

Co-Chair Michael Derby said that it will be a challenge for the committee to manage all the information that is presented throughout the course of the committee's deliberations.

Mr. Reuben D. Bezpaletz began the presentation of Document #1 by stressing that there are no proposed maps at this stage of preparation. While there are maps included in Document #1, Mr. Bezpaletz stated that none of the maps are to be considered proposals; rather, the maps are to be considered illustrations only. He said that the Executive Board of the Legislative Research Council has tentatively reserved October 23, 24, and 25 as the dates for the South Dakota Legislature to redistrict the state.

Mr. Bezpaletz addressed the legal foundations of redistricting, including constitutional provisions, statutory provisions, common law, and the Federal Voting Rights Act and provided a brief historical background of redistricting in South Dakota. Mr. Bezpaletz said that there is well-established case law not to exceed a ten percent gross deviation of what is considered ideal. He said that state constitution provisions provide that legislative districts shall be comprised of populations as nearly equal as practicable.

The committee recessed at 12:05 p.m. and reconvened at 1:26 p.m.

Mr. Bezpaletz said that Sioux Falls and Rapid City experienced the most growth during this redistricting cycle and that the James River Valley experienced the most dramatic population decrease. Another dynamic in the state is the growth of the state's Lakota population. Mr. Bezpaletz said that, in redistricting, a new map beginning from the corners and working toward the center of the state probably would be the most practical tactic. He also discussed conurbation areas.

Mr. Bezpaletz distributed copies of a letter from Mr. Charles Drosz, Miller, urging the committee to redistrict District #22 east and west and to avoid leaving the center of the state until the last when drawing the new district map. (Mr. Drosz's letter is inserted into Document #1.)

An overview of the redistricting technology was included in Document #1?Autobound, GeoTrack, State Redistricting Web Pages, and staff services were discussed.

In order to facilitate testimony from the reservation areas, Co-Chair Brown stated his preference to conduct a one-day meeting split between Rosebud Reservation and Pine Ridge Reservation.

Representative Paul Valandra suggested that the committee meet at Rosebud Casino in the morning and in Pine Ridge in the afternoon, thereby taking advantage of the one-hour time gain traveling from the east to the west and of the availability of lodging at the Rosebud Casino.

After committee discussion concerning a meeting date, REPRESENTATIVE OLSON MOVED, SECONDED BY REPRESENTATIVE GORDON PEDERSON, THAT THE COMMITTEE MEET ON OR ABOUT JULY 24, 2001, BEGINNING IN ROSEBUD AND ENDING IN PINE RIDGE. The motion prevailed unanimously on a roll call vote. Duxbury, Hutmacher, and Michels were excused.

Co-Chair Derby said that the city of Martin in Bennett County also offered to host the committee. Senator Valandra said that Eagle Butte also expressed an interest.

Co-Chair Brown expressed his preference for the remainder of the meetings to be held in Pierre because of its central location. However, he commented that maybe "something could be worked in with the reservation meetings and Martin because of proximity." Co-Chair Brown also asked Representative Valandra to meet with Senator Richard "Dick" Hagen from Pine Ridge to help the committee coordinate the meetings in Rosebud and Pine Ridge.

It was the consensus of the committee that, after meeting in Rosebud and Pine Ridge, the remainder of the meetings be held in Pierre.

After committee discussion on an August or September meeting date, SENATOR BOGUE MOVED, SECONDED BY REPRESENTATIVE JUHNKE, THAT THE COMMITTEE MEET ON AUGUST 21 AND 22, 2001, IN PIERRE. The motion prevailed on a roll call vote with 11 voting AYE, 1 voting NAY, and 3 EXCUSED. Those voting AYE: Bogue, Brosz, Everist, Koetzle, Duenwald, Juhnke, Gordon Pederson, Bill Peterson, Valandra, Brown, and Derby. Those voting NAY: Olson. Those EXCUSED: Duxbury, Hutmacher, and Michels.

Co-Chair Brown urged those in Sioux Falls and Rapid City who are going to meet to develop ideas on how to redistrict their respective areas to invite area legislators to participate in the process.

Senator Barbara Everist agreed and stated her understanding that such meetings would be open with all interested parties welcome.

Co-Chair Derby said that Representative J.P. Duniphan from Rapid City contacted him regarding a meeting for the Rapid City area. He said that the meeting will be an open meeting with all area interested parties welcome.

SENATOR EVERIST MOVED, SECONDED BY SENATOR KOETZLE, THAT THE COMMITTEE WOULD WELCOME INPUT FROM ANY AD HOC COMMITTEE THAT MIGHT MEET IN SIOUX FALLS OR RAPID CITY TO DISCUSS REDISTRICTING IN THE RESPECTIVE AREAS. The motion prevailed unanimously on a roll call vote. Duxbury, Hutmacher, and Michels were excused.

Co-Chair Brown asked that Co-Chair Derby and Senator Everist report to the interim Legislative Redistricting Committee on the progress of the ad hoc committees for their respective areas. He also clarified that participating legislators will not be reimbursed for attendance at the ad hoc meetings.

For committee discussion, Mr. Bezpaletz distributed "Outline of Possible Redistricting Policies" to be inserted into Tab 9 of Document #1. The following headings comprised possible redistricting policies:

1. Redistricting Criteria;
2. Three Map Plan
3. Single-Member House Districts;
4. Legislative Membership;
5. Public Hearings;
6. Access to AUTOBOUND and Staff Support;
7. Public Information; and
8. Web Casting.

Mr. Rich Sattgast, South Dakota Association of County Officials, and Mr. Chad Heinrich, South Dakota Municipal League, asked if the committee would consider the possibility of providing staff or technical support for local government redistricting.

Representative Jim Bradford, Pine Ridge, representing himself, made a similar request on behalf of the Reservation.

Responding to a question from Representative Valandra, Mr. Chris Nelson, Secretary of State's Office, said that the counties and cities should also redistrict prior to next year's elections.

To address software licensing concerns, SENATOR BOGUE MOVED, SECONDED BY SENATOR EVERIST, THAT AUTOBOUND BE AVAILABLE ONLY TO LEGISLATORS BUT THAT THE COMMITTEE DIRECT STAFF TO EXPLORE THE POSSIBILITY OF MAKING GEOTRACK AVAILABLE TO OTHER ENTITIES. The motion prevailed unanimously on a roll call vote. Duxbury, Hutmacher, and Michels were excused.

Representative Mel Olson said that the membership of the Legislature should continue to be thirty-five senators and seventy representatives. He also said that the Legislature should keep dual-member House districts. Representative Olson said that his most important goal is to keep counties together and that the Legislature follow the federal Voting Rights Act.

REPRESENTATIVE OLSON MOVED, SECONDED BY REPRESENTATIVE BILL PETERSON, THAT, FOR THE PURPOSES OF REDISTRICTING, THE COMMITTEE ADOPT THE FOLOWING POLICIES:

1. MAINTAIN CURRENT MEMBERSHIP?THIRTY-FIVE SENATE MEMBERS, SEVENTY REPRESENTATIVES;
2. MAINTAIN SINGLE-MEMBER SENATE DISTRICTS, WITH DUAL-MEMBER HOUSE MEMBERS WITHIN THOSE SENATE DISTRICTS;
3. STAY WITHIN A MAXIMUM GROSS DEVIATION OF TEN PERCENT; AND
4. COMPLY WITH THE FEDERAL VOTING RIGHTS ACT.

Senator Everist requested that the committee make clear that the policies will be guiding principles so that the public will not be misled into believing that they are set in statute or that they are unable to be changed.

Representative Bill Peterson said that he would also like to look at slotting at a later meeting.

SENATOR BOGUE MADE A SUBSTITUTE MOTION, SECONDED BY REPRESENTATIVE DUENWALD, THAT THE STATE BE REDISTRICTED BASED ON THIRTY-FIVE SENATE DISTRICTS.

Representative Olson opposed the substitute motion because, in his opinion, the motion would not provide enough direction to staff. He said that it does not address dual-member House districts.

Senator Bogue agreed to include Representative Olson's concern in his substitute motion. Representative Duenwald concurred.

Senator Everist suggested that committee members adopt the minimal substitute motion at this time and allow themselves more time to read the pertinent materials in order to be better prepared to make a more informed decision at the next meeting.

Representative Olson said that all the policies under consideration were relevant to drawing maps.

Representative Valandra said that he would prefer not to have to say: "We could have voted that we would follow the federal Voting Rights Act, but we did not want to vote on it."

Senator Don Brosz said that the committee has not rejected anything, particularly anything regarding the federal Voting Rights Act.

Senator Bogue stated that his substitute motion merely defers action on most policies and does not reject anything and that the committee should study the materials presented by staff and defer the setting of policies until the next meeting's agenda. The motion to so amend the substitute motion failed on a roll call vote with 5 voting AYE, 7 voting NAY, and 3 EXCUSED. Those voting AYE: Bogue, Brosz, Everist, Duenwald, and Juhnke. Those voting NAY: Koetzle, Olson, Gordon Pederson, Bill Peterson, Valandra, Brown, and Derby. Those EXCUSED: Duxbury, Hutmacher, and Michels.

Committee action reverted to Senator Bogue's original substitute motion, seconded by Representative Duenwald, incorporating Representative Olson's aforementioned concern, as follows:

THAT THE STATE BE REDISTRICTED BASED ON THIRTY-FIVE SENATE DISTRICTS AND COTERMINOUS DUAL-MEMBER HOUSE DISTRICTS.

The motion prevailed on a roll call vote with 7 voting AYE, 5 voting NAY, and 3 EXCUSED. Those voting AYE: Bogue, Brosz, Everist, Duenwald, Juhnke, Brown, and Derby. Those voting NAY: Koetzle, Olson, Gordon Pederson, Bill Peterson, and Valandra. Those EXCUSED: Duxbury, Hutmacher, and Michels.

REPRESENTATIVE OLSON MOVED, SECONDED BY REPRESENTATIVE GORDON PEDERSON, THAT, FOR THE PURPOSES OF MAP DEVELOPMENT, THE COMMITTEE COMPLY WITH THE FEDERAL VOTING RIGHTS ACT. The motion prevailed unanimously on a roll call vote. Duxbury, Hutmacher, and Michels were excused.

SENATOR KOETZLE MOVED, SECONDED BY REPRESENTATIVE GORDON PEDERSON, THAT THE COMMITTEE BE ADJOURNED. The motion prevailed unanimously on a roll call vote. Duxbury, Hutmacher, and Michels were excused.

The committee adjourned at 5:05 p.m.