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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 the prophet Jeremiah, as he prays to God. Chapter 10: 23-24:

"I know, O Lord, that the way of human beings is not in their control, that mortals as they walk cannot direct their steps.

Correct me, O Lord, but in just measure;"
Let us pray.

O Divine Lord, You have caused us to live in one of the most exciting periods of all time.

You have linked our lives with heavy responsibilities for judgment and decision.

Be pleased, O Lord, to hear our prayers, not for small tasks, but for the resources of mind, and heart, and character, to succeed in the tasks being laid before us in today's Calendar.

Give us the grace to seek to understand our brothers and sisters as earnestly as we wish them to understand us.

If we are right, shove us forward! If we are wrong, correct us, please!
Amen!

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

The following were introduced:

S. 479 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-80, SO AS TO REQUIRE THE VETERANS' ORGANIZATIONS OF THIS STATE TO APPOINT SERVICE REPRESENTATIVES TO ASSIST EX-SERVICEMEN AND TO REQUIRE THE APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY BE EQUALLY DISTRIBUTED TO THE ORGANIZATIONS AT THE BEGINNING OF THE FISCAL YEAR 1999-2000.

Read the first time and referred to the General Committee.

S. 480 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY 24, 1999, AS "SOUTH CAROLINA AARP DAY" IN RECOGNITION OF THE EFFORTS OF THE SOUTH CAROLINA AARP STATE LEGISLATIVE COMMITTEE TO EDUCATE SENIOR CITIZENS ON IMPORTANT LEGISLATIVE ISSUES AND TO ENCOURAGE THEM TO TAKE ACTIVE ROLES IN THE LEGISLATIVE PROCESS.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3467 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO BOARD NOTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2342, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

Senator CORK from the Committee on Judiciary submitted a majority favorable with amendment and Senator MARTIN a minority unfavorable report on:

S. 45 (Word version) -- Senators Jackson, Elliott, Glover and Washington: A BILL TO AMEND CHAPTER 1, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES AND MISDEMEANORS, BY ADDING SECTION 16-1-130 SO AS TO PROVIDE FOR AN INCREASE IN THE PENALTY FOR AN UNDERLYING OFFENSE IF THE OFFENDER INTENTIONALLY SELECTS THE PERSON AGAINST WHOM THE CRIME IS COMMITTED OR SELECTS THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE CRIME IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE ACTOR'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS A STATUTORY AGGRAVATING CIRCUMSTANCE A MURDER IN WHICH THE OFFENDER INTENTIONALLY SELECTED THE MURDERED PERSON IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THE MURDERED PERSON, WHETHER OR NOT THE OFFENDER'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 20-7-7805, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT REGARDING CHILDREN ADJUDICATED DELINQUENT, SO AS TO AUTHORIZE THE COURT TO MAKE FINDINGS THAT A CHILD INTENTIONALLY SELECTED THE PERSON AGAINST WHOM AN OFFENSE IS COMMITTED OR SELECTED THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE OFFENSE IN WHOLE OR IN PART BECAUSE OF THE CHILD'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE CHILD'S BELIEF OR PERCEPTION WAS CORRECT AND ORDER A CHILD FOR WHOM SUCH FINDINGS ARE MADE, AS A CONDITION OF PROBATION, COMMITMENT OR OTHERWISE, TO PARTICIPATE IN AN EDUCATIONAL PROGRAM REGARDING CULTURAL DIVERSITY; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-125 SO AS TO ESTABLISH A HATE CRIME RECORDS REPOSITORY; AND TO AMEND CHAPTER 3, TITLE 13, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING ARTICLE 11, THE "HATE CRIME OFFENDER REGISTRY.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Judiciary submitted a favorable report on:

S. 136 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Giese, Branton and Glover: A BILL TO AMEND SECTION 42-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECEIPTS FOR THE CREDIT OF THE STATE ACCIDENT FUND AND EXPENDITURES FROM THE FUND, SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION TRUST FUND BALANCE SHALL NOT BE TREATED AS "CARRY FORWARD" REVENUE BUT MUST BE MANAGED SO AS TO APPROXIMATE THE ANNUAL ACTUARIAL ESTIMATE OF INCURRED BUT UNPAID LIABILITIES.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 224 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO PROVIDE THAT THE PROVISIONS OF SECTION 8-13-1300 ARE EFFECTIVE FOR THOSE AFFECTED ENTITIES FOR ALL REPORTS AND RECORDS REQUIRED UNDER THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 8, BEGINNING JULY 1, 1996.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

S. 228 (Word version) -- Senators McConnell, Leventis and Reese: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Judiciary submitted a favorable report on:

S. 242 (Word version) -- Senators McConnell and Rankin: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 287 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF PARTY AS A WITNESS, SO AS TO PROVIDE THAT A HUSBAND OR WIFE IS REQUIRED TO DISCLOSE ANY COMMUNICATION, CONFIDENTIAL OR OTHERWISE, MADE BY ONE TO THE OTHER DURING THEIR MARRIAGE WHERE THE SUIT, ACTION OR PROCEEDING CONCERNS OR IS BASED ON CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork and Elliott: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO AUTHORIZE THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.

Ordered for consideration tomorrow.

S. 381 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE BEACH BY RECOGNIZING IT AS THE CHILDREN'S MUSEUM OF MYRTLE BEACH, SOUTH CAROLINA.

On motion of Senator RANKIN, the Concurrent Resolution was returned to the House.

S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork and Elliott: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO AUTHORIZE THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.

On motion of Senator PEELER, with unanimous consent, Senator PEELER's name was added as a co-sponsor of the Bill.

At 11:55 A.M., on motion of Senator DRUMMOND, the Senate receded from business for the purpose of attending the Joint Assembly.

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

S. 408 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 10, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, CHIEF JUDGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #1.   Representative Delleney, Vice Chairman, Judicial Merit Selection Commission, indicated that the Honorable Carol Connor had been screened and found qualified to serve and placed the name of the Honorable Carol Connor in nomination.

On motion of Representative Delleney, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Carol Connor was duly elected to the position of Judge, Court of Appeals, Seat #1, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #2.

Representative Delleney, Vice Chairman of the Judicial Merit Selection Commission, indicated that the Honorable William L. Howard had been screened and found qualified to serve and placed the name of the Honorable William L. Howard in nomination.

On motion of Representative Delleney, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William L. Howard was duly elected to the position of Judge, Court of Appeals, Seat #2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Sixth Judicial Circuit, Seat #1.

Representative Delleney, Vice Chairman of the Judicial Merit Selection Commission, indicated that Paul E. Short, Jr. had been screened and found qualified to serve and placed the name of Paul E. Short, Jr. in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Paul E. Short, Jr. was elected to the position of Judge, Sixth Judicial Circuit, Seat #1, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #1.

Representative Delleney, Vice Chairman of the Judicial Merit Selection Commission, indicated that Joy S. Goodwin, George C. Kosko and John M. Milling had been screened and found qualified to serve.

On motion of Representative Delleney, the name of John M. Milling was placed in nomination.

On motion of Representative Delleney, the names of Joy S. Goodwin and George C. Kosko were withdrawn from consideration.

Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John M. Milling was elected to the position of Judge, Circuit Court, At-Large, Seat #1, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #7.

Representative Delleney, Vice Chairman of the Judicial Merit Selection Commission, indicated that Benjamin H. Culbertson, Edwin E. Evans, and J. C. "Buddy" Nicholson, Jr. had been screened and found qualified to serve.

On motion of Representative Delleney, the name of J. C. "Buddy" Nicholson, Jr. was placed in nomination.

On motion of Representative Delleney, the names of Benjamin H. Culbertson and Edwin E. Evans were withdrawn from consideration.

Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. C. "Buddy" Nicholson, Jr. was elected to the position of Judge, Circuit Court, At-Large, Seat #7, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #11.

Representative Delleney, Vice Chairman of the Judicial Merit Selection Commission, indicated that Craig H. Allen, James G. Carpenter and Alison Renee Lee had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Alison Renee Lee was placed in nomination.

On motion of Representative Delleney, the names of Craig H. Allen and James G. Carpenter were withdrawn from consideration.

Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Alison Renee Lee was elected to the position of Judge, Circuit Court, At-Large, Seat #11, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Seventh Judicial Circuit, Seat #3.

Representative Delleney, Vice Chairman of the Judicial Merit Selection Commission, indicated that Wesley L. Brown had been screened and found qualified to serve and placed the name of Wesley L. Brown in nomination.

Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Wesley L. Brown was elected to the position of Judge, Family Court, Seventh Judicial Circuit, Seat #3, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Eighth Judicial Circuit, Seat #1.

Representative Delleney, Vice Chairman of the Judicial Merit Selection Commission, indicated that Joseph W. McGowan, III had been screened and found qualified to serve and placed the name of Joseph W. McGowan, III in nomination.

Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Joseph W. McGowan, III was elected to the position of Judge, Family Court, Eighth Judicial Circuit, Seat #1, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Sixteenth Judicial Circuit, Seat #2.

Representative Delleney, Vice Chairman of the Judicial Merit Selection Commission, indicated that Leland B. Greeley, Debbie S. Mollycheck, and Henry T. Woods had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Henry T. Woods was placed in nomination.

On motion of Representative Delleney, the names of Leland G. Greeley and Debbie S. Mollycheck were withdrawn from consideration.

Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Henry T. Woods was elected to the position of Judge, Family Court, Sixteenth Judicial Circuit, Seat #2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Administrative Law Judge, Seat #1.

Representative Delleney, Vice Chairman of the Judicial Merit Selection Commission, indicated that Marvin F. Kittrell had been screened and found qualified to serve and placed the name of Marvin F. Kittrell in nomination.

Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marvin F. Kittrell was elected to the position of Administrative Law Judge, Seat #1, for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned; whereupon, the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:17 P. M., the Senate reconvened.

At 12:25 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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