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Be it further resolved that a copy of this resolution be forwarded to Senator Herbert U. Fielding.

The Concurrent Resolution was adopted and ordered returned to the Senate.

The following Concurrent Resolution was taken up.

S. 1170 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT SECTION OF THE MARK CLARK EXPRESSWAY WHICH CROSSES OVER THE WANDO RIVER AS THE JAMES B. EDWARDS BRIDGE.

Whereas, Dr. James Burrows Edwards was born on June 24, 1927, in Hawthorne, Florida; and

Whereas, he is an oral surgeon who, after graduating from the College of Charleston in 1950, went on to study Dentistry at the University of Louisville and attended the University of Pennsylvania's Graduate Medical School; and

Whereas, Dr. Edwards has had a distinguished career of service to his country, serving in the United States Maritime Service during World War II where he became a Ship's Officer at the age of nineteen and the United States Navy where he served as a Dental Officer and rose to the rank of Lieutenant Commander; and

Whereas, he served as the Chairman of the Charleston County Republican party from 1964-1969 and as Chairman of the First Congressional Republican Committee from 1970-1971; and

Whereas, Dr. Edwards served in the South Carolina State Senate from 1972-1974 after which he was elected the first Republican Governor of the State of South Carolina since the days of Reconstruction; and

Whereas, Dr. Edwards, in his long established tradition of community service, has been involved in a number of organizations and projects including the Palmetto Partnership for Drug Abuse Prevention, the Carolina Art Association, the South Carolina Historical Society, and has served as a member of the board of both Charleston and Baker Memorial Hospitals; and

Whereas, in acknowledgement of his continued concern for the community and outstanding leadership, he was given the honor of having the James B. Edwards Elementary School in Mt. Pleasant, South Carolina dedicated to him in 1981; and

Whereas, he has received several other awards including the Tenth Thomas P. Hinman Distinguished Service Medal, the Founders Medal presented by the College of Charleston, and the Silver Good Citizenship Medal presented by the National Society of the Sons of the American Revolution; and

Whereas, Dr. Edwards has been awarded ten honorary degrees and serves on the boards of ten corporations; and

Whereas, because of his outstanding public service and proven leadership in the field of energy development and conservation, President Ronald Reagan appointed Dr. Edwards to serve as the Secretary of the United States Department of Energy; and

Whereas, Dr. Edwards has served effectively and successfully as President of the Medical University of South Carolina since 1982. Now, therefore,

Be in resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly request the Department of Transportation to name that section of the Mark Clark Expressway which crosses over the Wando River as the James B. Edwards Bridge.

Be it further resolved that a copy of this resolution be forwarded to Dr. James B. Edwards

The Concurrent Resolution was adopted and ordered returned to the Senate.

Rep. HODGES moved to dispense with the Motion Period.

As a first substitute Rep. ROBINSON moved to recall H. 4510 from the Ways and Means Committee.

Rep. CARNELL moved that the House recur to the morning hour, which was rejected.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9, immediate cloture having been ordered.

H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.

Debate was resumed on Amendment No. 9, which was proposed on Thursday, February 10, by Reps. RUDNICK and COBB-HUNTER.

Rep. RUDNICK explained the amendment.

Rep. WAITES spoke against the amendment and moved to table the amendment.

The amendment was then tabled by a division vote of 64 to 1.

Amend the bill, as and if amended, Section 44-41-330, by adding an appropriately lettered subsection to read:

/( ) Subsection (C) does not apply to a woman who would have to drive twenty-five miles or more to return to the clinic or facility to have the abortion after receiving the information required by subsection (A)./

Reletter subsections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

The amendment was then rejected.

Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\436\11522AC.93), which was tabled.

Amend the bill, as and if amended, Section 44-41-330, by adding an appropriately lettered subsection to read:

/( ) This section is suspended if a clinic or other place where abortions are performed or induced does not have, through no fault of the clinic or place and if the clinic or place can demonstrate through written evidence the unavailability of the materials, the materials described in Section 44-41-340 required to be available to a woman pursuant to subsection (A)(2) or mailed pursuant to subsection (D)./

Reletter sections to conform.

Amend title to conform.

Rep. RUDNICK moved to table the amendment, which was agreed to.

Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\436\11523AC.93), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. This act may be cited as the "Pregnancy Information Act of 1993".

SECTION 2. The 1976 Code is amended by adding:

"Section 44-41-90. (A) The South Carolina Department of Health and Environmental Control shall publish the following printed materials:

(2) materials describing benefits that are available to pay for prenatal care, childbirth, neonatal care, and abortion and providing the names, addresses, and telephone numbers of agencies or other parties that provide or have information available concerning these benefits;

(3) materials describing the mechanisms available for obtaining child support payments;

(4) materials warning of the risks of using alcohol, drugs, and cigarettes during pregnancy and describing public and private agencies and services that are available to assist pregnant women in overcoming addictions to those substances;

(5) materials emphasizing the importance of obtaining prenatal care throughout pregnancy and other information considered appropriate by the Department of Health and Environmental Control to assist the woman in assuring the health of her baby.

(B) The materials required under this section must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.

(C) The materials required under this section must be provided at no cost and in appropriate number by the South Carolina Department of Health and Environmental Control to physicians practicing in the area of obstetrics, gynecology, and family practice, school guidance counselors, school nurses, public or private family planning clinics, general hospitals, and other facilities providing pregnancy testing, diagnosis, treatment, or counseling, to assist women in making informed decisions regarding childbirth, adoption, and abortion. The materials also must be provided to other persons or facilities upon request.

(D) A clinic, office, hospital, or other facility in which the diagnosis of pregnancy is made must make available to any patient who is diagnosed as pregnant the complete materials required under this section. This requirement is satisfied if the materials are displayed in the waiting room

SECTION 3. Section 44-41-37 of the 1976 Code, as last amended by Act 341 of 1990, is further amended to read:

"Section 44-41-37. A physician or other professional person or agency counseling or discussing with a minor the question of her obtaining an abortion shall fully inform her of the procedures she must follow under law to obtain an abortion without the consent required in Section 44-41-31(1) and shall make informational materials available to her as provided for in Section 44-41-90. The Adoption and Birth Parent Services Division of the Department of Social Services shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors. This brochure shall include the following: (1) how to access her local health department for prenatal care; (2) how to access her local Adoption and Birth Parent Services Division of the Department of Social Services or any private not for profit adoption service; (3) the parental consent requirement as outlined in this bill; (4) the judicial by-pass procedure as referred in Sections 44-41-32, 44-41-33, and 44-41-34; and (5) how to access her local mental health center for counseling services."

SECTION 4. Section 59-32-30(D) of the 1976 Code is amended to read:

"(D) No contraceptive device or contraceptive medication may be distributed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider for their distribution in or on the school grounds. Except as to that instruction provided by this chapter relating to complications which may develop from all types of abortions, school districts may not offer programs, instruction, or activities including abortion counseling, information about abortion services, or assist in obtaining abortion, and materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from referring students to a physician for medical reasons after making reasonable efforts to notify the student's parents or legal guardians or the appropriate court, if applicable."

SECTION 5. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. CORNING moved to table the amendment, which was agreed to.

Amend the bill, as and if amended, by adding an appropriately numbered Section to read:

/Section . Section 59-32-30(D) of the 1976 Code is amended to read:

"(D) No contraceptive device or contraceptive medication may be distributed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider for their distribution in or on the school grounds. Except as to that instruction provided by this chapter relating to complications which may develop from all types of abortions, school districts may not offer programs, instruction, or activities including abortion counseling, information about abortion services, or assist in obtaining abortion, and materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from referring students to a physician for medical reasons after making reasonable efforts to notify the student's parents or legal guardians or the appropriate court, if applicable."/

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WELLS moved to table the amendment, which was agreed to by a division vote of 52 to 12.

On motion of Rep. FELDER the House stood at ease subject to the call of Chair.

Further proceedings were interrupted by the House standing at ease for the Joint Assembly, the pending question being consideration of amendments, immediate cloture having been ordered.

At 12:00 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.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4695 -- Rep. Hodges: A CONCURRENT RESOLUTION TO PROVIDE THAT THE HOUSE OF REPRESENTATIVES AND SENATE SHALL MEET IN THE HALL OF THE HOUSE ON WEDNESDAY, FEBRUARY 23, 1994, AT 12:00 NOON TO ELECT A SUCCESSOR TO THE HONORABLE DAVID W. HARWELL, CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1994; TO ELECT A SUCCESSOR TO THE HONORABLE WILLIAM H. BALLENGER, CIRCUIT COURT JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1996; AND TO ELECT A CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION FROM SEAT 1 AND JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION FROM SEATS 2 AND 3.

The President announced that nominations were in order for the Chief Justice of the Supreme Court.

The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.

Rep. HODGES, on behalf of the Judicial Joint Screening Committee, nominated the Honorable A. Lee Chandler.

Rep. BAXLEY nominated the Honorable A. Lee Chandler as follows:

"Mr. President, Mr. Speaker, Ladies and Gentlemen of the Joint Assembly... Today it is my privilege on behalf of Rep. Neilson, Rep. Hines, and Senator Saleeby to stand before you to nominate for Chief Justice of the South Carolina Supreme Court a man whom we have known, respected, and admired, all of our lives. And while I could have told you many years ago that this day would come when he would be chosen to serve in our state's highest judicial office, I would never have dreamed that the distinct honor of making this nomination would be extended to me. Truly, for all of us in Darlington County, and indeed the

On motion of Rep. BAXLEY, 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 A. Lee Chandler was duly elected for the term prescribed by law.

The President announced that nominations were in order for a Circuit Court Judge, Tenth Judicial Circuit.

The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.

Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that Alexander S. Macaulay and Lowell W. Ross, Sr. had been screened and found qualified.

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