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Senator HOLLAND spoke on the motion.

Senator WILLIAMS asked unanimous consent to make a motion that the Joint Resolution be recommitted to the Committee on Judiciary.

Senator COURSON objected.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Cork             Courson

Courtney          Drummond         Giese

Gregory           Hayes            Lander

Leatherman        Martin           McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Peeler

Rankin            Reese            Richter

Rose              Russell          Ryberg

Setzler           Short            Smith, G.

Stilwell          Thomas           Wilson

Bryan             Ford             Holland

Jackson           Land             Matthews



Printed Page 451 . . . . . Thursday, February 2,
1995

Patterson          WaldrepWashington

Williams

The Joint Resolution was made a Special Order.

I voted against putting S. 42 on Special Order because there are technical flaws in the Joint Resolution and it needs committee work. I support the concept of the Resolution but it cannot be properly corrected on the floor of the Senate.

On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.

Senator MOORE moved that when the Senate adjourns on Friday, February 3, 1995, it stand adjourned to meet next Tuesday, February 7, 1995, at 12:00 Noon, which motion was adopted.

At 11:55 A.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS A REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.

(By prior motion of Senator BRYAN)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words of faith recorded in the Book of the Acts of the Apostles (2:1-2) (NRSV):

"When the day of Pentecost had come,

they were all together in one place.

And suddenly from heaven there came a sound

like the rush of a violent wind..."
Let us pray.

Father of us all, we rejoice at the news from space that the American astronauts and the Russian cosmonauts are together in space... thrilled at working together!

Thank You, Lord!

We pray a special prayer of blessing upon Your servant, our new-found friend in faith, Dennis Datta, Executive Director of the KOINONIA in Bangladesh, with whom we shared the period of prayer and the "breaking of bread" in Washington last week when nearly 4,000 souls of goodwill came together from across the world to pray... as he returns to his duties in spreading "the Word" in the explosive region of the Middle East.

Grant, O Lord, a renewal of Pentecost... in our age.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

January 31, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Lexington County Magistrate, with term to commence January 19, 1995, and to expire April 30, 1995:

Ms. Llewellyn H. Hames, 672 Old Friars Road, Columbia, S.C. 29210-3723 VICE Cameron F. Crawford (resigned)

Dear Mr. Tanner:

Pursuant to the prior order of the three-judge District Court in the consolidated cases of Statewide Reapportionment Advisory Committee v. Campbell, C.A. No. 3:91-3310-1, and Burton v. Sheheen, C.A. No. 3:91-2983-1 (D.S.C.), Senate District Seven is submitted for preclearance under Section 5 of the Voting Rights Act. The district is being submitted because a special election must be held to fill the vacancy resulting from the expulsion of the incumbent senator following his conviction for federal tax violations involving cash transactions. The three-judge panel's 1992 order drawing the existing district, 793 F. Supp. 1329 (D.S.C. 1992), was vacated by the Supreme Court, 113 S.Ct. 2954 (1993), and the three-judge

Pursuant to 28 C.F.R. Section 51.27, the following information is submitted:
(a) A copy of the court order embodying the change affecting voting. See Exhibit 1 (court order filed August 22, 1994); Exhibit 3 (Writ of Election calling for special election to fill Senate District Seven).
(b) A copy of the court order embodying the voting practice that is proposed to be changed. See Exhibit 2 (court order filed May 1, 1992, establishing court- drawn plan).
(c) If the change affecting voting is either not readily apparent on the face of the documents provided above, or is not embodied in a document, a clear statement of the change explaining the difference between the submitted change and the prior law or practice, or explanatory materials adequate to disclose to the Attorney General the difference between the prior law and the proposed situation with respect to voting. Not applicable.
(d) The name, title, address, and telephone number of the person making the submission.

The Honorable Marshall B. Williams
President Pro Tempore of the South Carolina Senate
P.O. Box 142
Columbia, S.C. 29202

ATTN: MARK A. PACKMAN

Dickstein, Shapiro & Morin, L.L.P.

2101 L Street, NW

Washington, DC 20037-1526
Telephone: (202) 785-9700
Fax: (202) 887-0689
(e) The name of the submitting authority and the name of the jurisdiction responsible for the change, if different. As President Pro Tempore of the Senate, I make this submission on the Senate's behalf in compliance with the three-judge court order filed August 22, 1994. See Exhibit 1.

Filing opens Noon, February 3, 1995
Filing closes Noon, February 13, 1995
Primary Election Date April 4, 1995
Primary Run-Off Election Date April 18, 1995
Special Election Date May 23, 1995
(k) A statement that the change has not yet been enforced or administered, or an explanation of why such statement cannot be made. Although the Writ of Election has been issued by the Lieutenant Governor, Mr. James F. Hendrix, the Executive Director of the State Election Commission, has been advised that under the court order states the election should not take place until Senate District Seven receives preclearance by the Department of Justice. See Exhibit 4.
(l) Where the change will affect less than the entire jurisdiction, an explanation of the scope of the change. Senate District Seven.
(m) A statement of the reasons for the change. See Exhibit 1.

Pursuant to 28 C.F.R. Section 51.28, the following supplemental information is provided in connection with this submission:
(a) Demographic information. See Exhibit 5.
(b) Maps. See Exhibit 6.
(c) Annexations. Not applicable.
(d) Election returns: Where a change may affect the electoral influence of a racial or minority language group, returns of primary and general elections conducted by or in the jurisdiction may be included in the submission:
(1) Name of each candidate.
(2) Race or language group of each candidate, if known.
(3) Position sought by each candidate.
(4) Number of votes received by each candidate, by voting precinct.
(5) Outcome of each contest.
(6) Number of registered voters, by race and language group, for each voting precinct for which election returns are furnished. Information with respect to elections held during the last ten years will normally be sufficient.
(7) Election related data containing any of the information described above shall conform to the requirements set out for disks and tapes. Election related data that cannot be accurately presented in terms of census blocks may be identified by county and by precinct. See Exhibit 7.
(e) Language usage. Not applicable.
(f) Publicity and participation: For submissions involving controversial or potentially controversial changes, evidence of public notice, of the opportunity for the public to be heard, of the opportunity for interested parties to participate in the decision to adopt the proposed change, and an account of the extent to which such participation, especially by minority group members, in fact took place. Examples of materials demonstrating public notice or participation include:
(1) Copies of newspaper articles discussing the proposed change. Not applicable.
(2) Copies of public notices that describe the proposed change and invite public comment or participation in hearings and statements regarding where such public notices appeared (e.g., newspaper, radio, or television, posted in public buildings, sent to identified individuals or groups). Not applicable.

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