JOURNAL OF THE HOUSE

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EIGHTEENTH DAY

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STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 4, 1999

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Gale Shafer, followed by the Pledge of Allegiance led by House page Jessica Fritzsche.

     Roll Call: All members present except Reps. Davis, Eccarius, Koetzle, and Lockner who were excused.

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the seventeenth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,

ROGER W. HUNT, Chair

     Which motion prevailed and the report was adopted.

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COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1016, 1017, 1018, 1028, 1029, 1030, 1031, 1034, 1041, 1044, 1046, 1047, 1049, 1050, and 1055 and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1236 and 1252 which were deferred to the 41st legislative day.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1255 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1256 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1128 and returns the same with the recommendation that said bill be amended as follows:

j-1128

     On page 1 , line 6 of the printed bill , after " terms " insert " , and upon conditions, " .

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     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1258 and returns the same with the recommendation that said bill be amended as follows:

j-1258

     On page 1 , line 6 of the printed bill , delete " person " and insert " individual " .

J-1258t

     On page 1 , line 1 of the printed bill , delete " car " and insert " motor vehicle " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1142 and returns the same with the recommendation that said bill be amended as follows:

j-1142a

     On page 2 , line 1 of the printed bill , delete " one-hundred " and insert " one hundred " .

     On page 2 , line 1 , overstrike " fifty " .

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1122 which was tabled.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1261 which was deferred to the 41st legislative day.

Respectfully submitted,
Robert Roe, Chair

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Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1039 and returns the same with the recommendation that said bill be amended as follows:

t-1039a

     On page 1 , delete lines 5 to 16 of the printed bill , inclusive , and insert:

"      41-6-78.   The Department of Game, Fish and Parks may issue any resident, as defined by this title, a resident professional dog training license. The license permits the licensee to train or engage in the business of training hunting or field trial dogs when and where wild game is found. For purposes of this section, a professional dog trainer is any person who trains or sells any breed of hunting dog for remuneration. The license shall be issued annually. No licensee may be allowed to No person may train dogs on wild game birds from April fifteenth to July thirty-first, inclusive. The licensee shall comply with rules adopted pursuant to §   41-2-18 by the Game, Fish and Parks commission to protect and perpetuate the wild game resources of the state. Such rules may limit the number of licenses issued and further restrict professional dog training on public lands. Failure to comply with such rules or the provisions of this section shall be cause for revocation of license and nonissuance of future licenses. No person may train dogs on wild game birds from April fifteenth to July thirty-first, inclusive. The commission shall promulgate rules pursuant to chapter 1-26 to impose restrictions on the methods, dates, and number of dogs that may be trained on public lands and public rights-of-way. Any person who violates this section is guilty of a Class 2 misdemeanor.

     Section 2. That § 41-6-79 be repealed.

     41-6-79.   The department of game, fish and parks may issue any nonresident a nonresident professional dog training license. The nonresident professional dog training license entitles the licensee to all the privileges and is subject to all the restrictions and penalty provisions as the resident professional dog training license provided by §   41-6-78.

     Section 3. That § 41-6-10 be amended to read as follows:

     41-6-10.   Licenses, permits, and stamps issued under this title are classified as follows:

             (1)      Disabled hunter permit;

             (2)      Export bait dealer license;

             (2A)      Fall three-day temporary nonresident waterfowl license . ;

             (3)      Fur dealer's license;

             (4)      Hoop net, trap or setline license;

             (5)      License for breeding and domesticating animals and birds;

             (6)      License to take fur-bearing animals;

             (7)      Nonresident big game license;

             (8)      Nonresident fishing license;

             (9)      Nonresident predator/varmint license;

             (10)      Nonresident professional dog training license;

             (11)      Nonresident retail bait dealer license;

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             (12)      Nonresident shooting preserve license;

             (13)      Nonresident small game license;

             (14)      Nonresident and resident migratory bird certification permit;

             (15)      Nonresident wholesale bait dealer license;

             (16)      Nonresident wild turkey license;

             (17)      Nursing facility group fishing license;

             (18)      Park user's license;

             (19)      Permit for transportation of big game animal;

             (20)      Private fish hatchery license;

             (21)      Resident big game license;

             (22)      Resident elk license;

             (23)      Resident fishing license and resident senior fishing license;

             (24)      Resident professional dog training license;

             (25)      Resident retail bait dealer license;

             (26)      Resident small game license and resident youth small game license;

             (27)      Resident predator/varmint license;

             (28)      Resident wholesale bait dealer license;

             (29)      Resident wild turkey license;

             (30)      Scientific collector's license;

             (31)      Special nonresident waterfowl license;

             (32)      Special Pine Ridge Indian reservation resident and nonresident big game license;

             (33)      Taxidermist's license;

             (33A)      Spring five-day snow goose temporary nonresident waterfowl license;

             (34)      Temporary fishing and hunting licenses.

     The rights and privileges of such licensees are set forth in § §   41-6-12 to 41-6-45.1, inclusive, and in §   41-17-13. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to set the fees, eligibility, and duration for such licenses. "

t-1039t

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " repeal the licensing of resident and nonresident professional dog trainers and to restrict the training of dogs on wild game birds. " .

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1004 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
Roger Brooks, Chair

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Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 25 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1073 which was tabled.

Respectfully submitted,
Mitch Richter, Chair

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1225 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1067 and returns the same with the recommendation that said bill be amended as follows:

c-1067a

     On page 4 , after line 1 of the printed bill , insert:

"      Section 16. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     Any person with a physical disability between the ages of fourteen to nineteen years old, inclusive, who is capable of learning to operate a motor vehicle, including a vehicle modified to be operated by a person with a physical disability, may enroll in any driver's education course offered pursuant to section 1 of this Act. The course, if necessary, shall train the student in the use of a vehicle modified for operation by a person with a physical disability and shall have available adequate equipment and personnel to accomplish such training. Any school district that provides training required pursuant to this section that results in costs in excess of the amount provided pursuant to section 8 of this Act shall be reimbursed for the excess costs from the amount set aside pursuant to §  13-37-40 for extraordinary expenses incurred in the provision of special education programs or services. "

     And that as so amended said bill do pass.

Respectfully submitted,
Richard “Dick” Brown, Chair

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MR. SPEAKER:

    I have the honor to return herewith HB 1035 and 1036 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 98, 162, 190, and 202 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1032 and 1061 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 30 and 31.

Respectfully,
PATRICIA ADAM, Secretary

     Yesterday, Rep. Volesky announced his intention to reconsider the vote by which HB 1065 was lost.

     Rep. Apa moved to reconsider the vote by which HB 1065 was lost.

     The question being on Rep. Apa's motion to reconsider the vote by which HB 1065 was lost.

     And the roll being called:

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     Yeas 27, Nays 39, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hanson; Kazmerzak; Koehn; Kooistra; Lintz; Lucas; McIntyre; Monroe; Nachtigal; Napoli; Patterson; Sutton (Daniel); Volesky; Waltman; Weber; Wilson; Windhorst

     Nays were:
Broderick; Brooks; Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; McCoy; McNenny; Michels; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Davis; Eccarius; Koetzle; Lockner

     So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

     Rep. Volesky moved that the Committee on Taxation be instructed to deliver HB 1119 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was not supported.

     Rep. Daniel Sutton moved that the Committee on State Affairs be instructed to deliver HB 1100 to the floor of the House, pursuant to Joint Rule 7-7.

    A roll call vote was requested and supported.

     The question being on Rep. Daniel Sutton's motion that the Committee on State Affairs be instructed to deliver HB 1100 to the floor of the House, pursuant to Joint Rule 7-7.

     And the roll being called:

     Yeas 18, Nays 48, Excused 4, Absent and Not Voting 0

     Yeas were:
Burg; Cerny; Chicoine; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Kazmerzak; Lucas; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

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     Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fitzgerald; Fryslie; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Davis; Eccarius; Koetzle; Lockner

     Which motion was not supported.

     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 5th, the 19th legislative day.

     Which motion prevailed.

     Rep. Cutler moved that the reports of the Standing Committees on

     Health and Human Services on HB 1130 as found on pages 340 and 341 of the House Journal; also

     Health and Human Services on HB 1136 as found on page 341 of the House Journal; also

     Judiciary on HB 1199 as found on pages 341 and 342 of the House Journal; also

     Judiciary on SB 94 as found on page 343 of the House Journal; also

     Judiciary on SB 76 as found on page 343 of the House Journal; also

     State Affairs on HB 1104 as found on pages 343 and 344 of the House Journal; also

     Transportation on HB 1116 as found on pages 344 and 345 of the House Journal; also

     Transportation on HB 1193 as found on page 345 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Broderick moved that SB 66 be referred back to the Committee on Transportation.

     Which motion prevailed and the bill was so referred.

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     Rep. Cutler moved that HB 1132 be referred back to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.

     HB 1135:   FOR AN ACT ENTITLED, An Act to   allow certain community-based primary health organizations to provide publicly funded dental services.

     Was read the second time.

     The question being "Shall HB 1135 pass?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 5, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Apa

     Excused were:
Davis; Eccarius; Hennies; Koetzle; Lockner

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1134:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning weight and speed allowances for certain harvest vehicles.

     Having had its second reading was up for consideration and final passage.

     Rep. Wetz moved that HB 1134 and all pending amendments be laid on the table.

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     The question being on Rep. Wetz's motion that HB 1134 and all pending amendments be laid on the table.

     And the roll being called:

     Yeas 30, Nays 36, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Clark; Cutler; Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Konold; Koskan; McIntyre; McNenny; Napoli; Peterson; Pummel; Putnam; Richter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Young; Speaker Hunt

     Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Derby; Diedrich (Larry); Earley; Fischer-Clemens; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Koehn; Kooistra; Lintz; Lucas; McCoy; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Wilson; Windhorst; Wudel

     Excused were:
Davis; Eccarius; Koetzle; Lockner

     So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

     Rep. Roe moved that all pending amendments to HB 1134 be laid on the table.

     A roll call vote was requested and supported.

     The question being on Rep. Roe's motion that all pending amendments to HB 1134 be laid on the table.

     And the roll being called:

     Yeas 56, Nays 8, Excused 6, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Derby; Earley; Klaudt; Koehn; Monroe; Napoli; Windhorst

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     Excused were:
Clark; Davis; Eccarius; Koetzle; Lockner; Smidt

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and all pending amendments to HB 1134 were laid on the table.

     Rep. Crisp moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1134 pass?"

     And the roll being called:

     Yeas 52, Nays 12, Excused 6, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Windhorst; Wudel; Young

     Nays were:
Apa; Duniphan; Earley; Fiegen; Klaudt; Koehn; Monroe; Napoli; Peterson; Richter; Weber; Speaker Hunt

     Excused were:
Clark; Davis; Eccarius; Koetzle; Lockner; Smidt

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1189:   FOR AN ACT ENTITLED, An Act to   repeal the requirement that certain proposals for the regulation of professions and occupations be reviewed prior to session.

     Was read the second time.

     The question being "Shall HB 1189 pass?"

     And the roll being called:

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     Yeas 35, Nays 31, Excused 4, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Koskan; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Young; Speaker Hunt

     Nays were:
Apa; Broderick; Burg; Cerny; Chicoine; Crisp; Derby; Diedrich (Larry); Fischer-Clemens; Fitzgerald; Hagen; Haley; Hanson; Kazmerzak; Kooistra; Lintz; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Putnam; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel

     Excused were:
Davis; Eccarius; Koetzle; Lockner

     So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

     Rep. Fiegen announced her intention to reconsider the vote by which HB 1189 was lost.

     HB 1015:   FOR AN ACT ENTITLED, An Act to   revise certain election procedures for the formation of certain special districts and the election of directors, managers, or trustees.

     Having had its second reading was up for reconsideration and final passage.

     The question being "Shall HB 1015 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 4, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Crisp; Kooistra; Napoli; Volesky

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     Excused were:
Davis; Eccarius; Koetzle; Lockner; Peterson

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1009:   FOR AN ACT ENTITLED, An Act to   require a managed care plan to have a medical director or director.

     Was read the second time.

     The question being "Shall HB 1009 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 7, Excused 6, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Koehn; Konold; Kooistra; Lintz; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

     Nays were:
Duniphan; Jaspers; Klaudt; Koskan; Napoli; Windhorst; Young

     Excused were:
Davis; Eccarius; Koetzle; Lockner; McNenny; Peterson

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1010:   FOR AN ACT ENTITLED, An Act to   provide certain protections for persons enrolled in managed care plans.

     Was read the second time.

     The question being "Shall HB 1010 pass as amended?"

     And the roll being called:

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     Yeas 56, Nays 7, Excused 7, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

     Nays were:
Brooks; Duniphan; Klaudt; Monroe; Napoli; Windhorst; Young

     Excused were:
Brown (Richard); Davis; Eccarius; Koetzle; Lockner; McNenny; Peterson

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1011:   FOR AN ACT ENTITLED, An Act to   provide covered persons in managed care plans with reasonable access to providers.

     Was read the second time.

j-1011f

     Rep. Fiegen moved that HB 1011 be amended as follows:

     On page 3 , after line 2 of the House Health and Human Services committee engrossed bill , insert:

"      Section 5. For purposes of this Act, a managed care plan does not include individual health policies if:

             (1)    The policy does not use an individual or group to determine where or when services will be rendered, the course of treatment, or who will provide the services;

             (2)    The policy does not require pre-authorization for services provided under the policy; and

             (3)    The difference in policy benefits does not exceed ten percent, whether an insured uses a participating provider or nonparticipating provider.

     Section 6. The division shall separately monitor complaints regarding managed care for those policies that are exempt pursuant to section 5 of this Act. "

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     Which motion prevailed and HB 1011 was so amended.

     Rep. Richter moved that HB 1011 be placed to follow HB 1186 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1012:   FOR AN ACT ENTITLED, An Act to   provide utilization review of managed care plans.

     Was read the second time.

t-1012

     Rep. Monroe moved that HB 1012 be amended as follows:

     On page 6 , line 5 of the House Health and Human Services committee engrossed bill , after " vendors. " insert " However, any clinical review criteria shall include any guidelines or parameters adopted by the respective professional board of examiners or set forth in state law or rule. " .

     Which motion lost.

     The question being "Shall HB 1012 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 11, Excused 6, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Konold; Kooistra; Lintz; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

     Nays were:
Apa; Burg; Duniphan; Fitzgerald; Klaudt; Koehn; McNenny; Monroe; Napoli; Windhorst; Young

     Excused were:
Davis; Eccarius; Koetzle; Koskan; Lockner; Putnam

     Absent and Not Voting were:
Brown (Richard)

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     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1013:   FOR AN ACT ENTITLED, An Act to   establish certain requirements regarding coverage of emergency medical services in managed care plans.

     Was read the second time.

     The question being "Shall HB 1013 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 6, Excused 8, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Konold; Kooistra; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wudel; Speaker Hunt

     Nays were:
Duniphan; Klaudt; Monroe; Napoli; Windhorst; Young

     Excused were:
Cutler; Davis; Eccarius; Haley; Koetzle; Koskan; Lockner; Putnam

     Absent and Not Voting were:
Nachtigal; Weber; Wilson

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1183:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding consumer installment sales contracts.

     Was read the second time.

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     Rep. Wilson moved that HB 1183 be amended as follows:

     On page 4 , line 11 of the House Judiciary committee engrossed bill , after " contract. " insert " However, the creditor may not require the consumer to purchase such insurance from the creditor, and the creditor shall so advise the consumer. " .

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     Which motion prevailed and HB 1183 was so amended.

     The question being "Shall HB 1183 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 9, Excused 10, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Juhnke; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Windhorst; Young; Speaker Hunt

     Nays were:
Crisp; Duniphan; Jaspers; Kazmerzak; Klaudt; Koehn; Napoli; Richter; Wilson

     Excused were:
Clark; Cutler; Davis; Eccarius; Fiegen; Haley; Koetzle; Lockner; Putnam; Wudel

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Rep. Roe now presiding.

     HB 1186:   FOR AN ACT ENTITLED, An Act to   ensure that minors do not gain access to obscene materials on certain public access computers and to limit liability for certain related actions.

     Was read the second time.

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     Rep. Koehn moved that HB 1186 be amended as follows:

     On page 1 , delete lines 5 to 10 of the House Judiciary committee engrossed bill , inclusive , and insert " develop and implement by January 1, 2001, a policy that establishes measures to restrict minors from computer access to obscene materials. "

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     Rep. Hunt moved as a substitute motion that HB 1186 be amended as follows:

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     On page 1 , delete lines 9 and 10 of the House Judiciary committee engrossed bill , inclusive , and insert " develop and implement by January 1, 2001, a policy that establishes measures to restrict minors from computer access to obscene materials. " .

    A roll call vote was requested and supported.

     The question being on Rep. Hunt's substitute motion that HB 1186 be amended.

     And the roll being called:

     Yeas 49, Nays 15, Excused 5, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hanson; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; McIntyre; McNenny; Michels; Monroe; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

     Nays were:
Apa; Duniphan; Hagen; Haley; Kazmerzak; Koehn; Lintz; Lucas; McCoy; Munson (Donald); Nachtigal; Napoli; Patterson; Windhorst; Young

     Excused were:
Davis; Eccarius; Fryslie; Koetzle; Lockner

     Absent and Not Voting were:
Diedrich (Larry)

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1186 was so amended.

     Rep. Konold moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1186 pass as amended?"

     And the roll being called:

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     Yeas 45, Nays 21, Excused 4, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hanson; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; McNenny; Michels; Monroe; Peterson; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Broderick; Duniphan; Fryslie; Hagen; Haley; Kazmerzak; Koehn; Lintz; Lucas; McCoy; McIntyre; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Roe; Solum; Waltman; Windhorst

     Excused were:
Davis; Eccarius; Koetzle; Lockner

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Hennies moved that the title to HB 1186 be amended as follows:

     On page 1 , line 1 of the House Judiciary committee engrossed bill , delete everything after " to " and insert " restrict access by minors to obscene materials on certain public access computers and to limit liability for certain related actions. " .

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     Speaker Hunt now presiding.

     HB 1011:   FOR AN ACT ENTITLED, An Act to   provide covered persons in managed care plans with reasonable access to providers.

     Having had its second reading was up for consideration and final passage.

t-1011

     Rep. Koehn moved that HB 1011 be further amended as follows:

     On page 3 , after line 2 of the House Health and Human Services committee engrossed bill , insert:

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"     Section 5. A managed care plan shall offer a point of service option allowing a covered person to choose to receive service from a nonparticipating health care provider. The point of service option may require that either the covered person's allowable reimbursement be limited to the same amount to be paid to the network provider or the copay or coinsurance for services from a nonparticipating health care provider may not exceed that of a participating provider by more than twenty percent.

    Section 6. If an employer provides a managed care plan to eligible employees and the plan restricts access to providers and does not provide a point of service or out-of-network benefit, the employer shall offer at the time of enrollment and annually thereafter, an alternative health benefit plan that is either a nonnetwork plan or a network plan that provides out-of-network services. Unless the employer chooses to provide any extra contribution to the premium, any extra cost associated with the alternative health benefit plan required by this section shall be borne by the employee choosing that coverage and at no additional cost to the employer. "

     Which motion lost.

     The question being "Shall HB 1011 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 13, Excused 8, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Konold; Kooistra; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

     Nays were:
Apa; Broderick; Duniphan; Fitzgerald; Jaspers; Klaudt; Koehn; Koskan; Lintz; McNenny; Napoli; Windhorst; Young

     Excused were:
Clark; Davis; Eccarius; Koetzle; Lockner; Monroe; Solum; Sutton (Daniel)

     Absent and Not Voting were:
Nachtigal

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

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     HB 1217:   FOR AN ACT ENTITLED, An Act to   revise the procedure for determining the period of time that has elapsed for a person who was previously convicted of driving under the influence.

     Was read the second time.

     The question being "Shall HB 1217 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 5, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Haley; Kazmerzak; Koehn; Patterson; Waltman

     Excused were:
Clark; Davis; Eccarius; Koetzle; Lockner

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1056:   FOR AN ACT ENTITLED, An Act to   revise certain requirements for coordination of benefits of group health plans.

     Was read the second time.

     The question being "Shall HB 1056 pass as amended?"

     And the roll being called:

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     Yeas 61, Nays 3, Excused 4, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Speaker Hunt

     Nays were:
Crisp; Kazmerzak; Kooistra

     Excused were:
Davis; Eccarius; Koetzle; Lockner

     Absent and Not Voting were:
Napoli; Young

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1107:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding mutually binding agreements between beer wholesalers and brewers, to revise a term relative to beer industry relationships, and to make provisions for malt beverage brand extensions.

     Was read the second time.

j-1107c

     Rep. Wilson moved that HB 1107 be amended as follows:

     On page 1 , line 12 of the House Commerce committee engrossed bill , delete " or by a jury " and insert " or to require a wholesaler to waive the right to trial by jury in South Dakota " .

     Which motion prevailed and HB 1107 was so amended.

o-1107

     Rep. Michels moved that HB 1107 be further amended as follows:

     On page 5 , line 5 of the House Commerce committee engrossed bill , after " cause " insert " . As used in this subdivision the term, good cause, means the manager's or successor manager's failure to meet commercially reasonable standards established by the supplier or to perform commercially reasonable duties as specified in an agreement between the supplier and the wholesaler " .

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     Which motion lost.

     The question being "Shall HB 1107 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 2, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Volesky; Windhorst

     Excused were:
Davis; Eccarius; Fitzgerald; Koetzle; Lockner

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Rep. Cutler moved that HB 1203, 1077, 1096, 1259, and 1168 be deferred until Friday, February 5th, the 19th legislative day.

     Which motion prevailed and the bills were so deferred.

     SB 98:   FOR AN ACT ENTITLED, An Act to   require a bail bondsperson to be licensed in the state to conduct bail bondsperson activities in the state.

     Was read the first time and referred to the Committee on Commerce.

     SB 162:   FOR AN ACT ENTITLED, An Act to   increase the penalty for second convictions for criminal pedophilia.

     Was read the first time and referred to the Committee on Judiciary.

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     SB 190:   FOR AN ACT ENTITLED, An Act to   prohibit certain sexual acts between certain jail and juvenile correctional facility employees and prisoners and to provide a penalty therefor.

     Was read the first time and referred to the Committee on Judiciary.

     SB 202:   FOR AN ACT ENTITLED, An Act to   revise the venue provisions relating to administrative appeals.

     Was read the first time and referred to the Committee on Judiciary.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Rep. Cutler moved that SB 41, 22, and 40 be deferred until Friday, February 5th, the 19th legislative day.

     Which motion prevailed and the bills were so deferred.

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1024, 1060, 1062, 1063, and 1064 were delivered to his Excellency, the Governor, for his approval at 10:25 a.m.,
February 4, 1999.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1032 and 1061 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

     The Speaker publicly read the title to

     HB 1032: FOR AN ACT ENTITLED, An Act to  revise the causes for which a teacher's certificate may be revoked or suspended and to declare an emergency.

     HB 1061: FOR AN ACT ENTITLED, An Act to  revise the provisions exempting certain persons from service as jurors.

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     SB 30: FOR AN ACT ENTITLED, An Act to  extend certain rights to victims of stalking and to declare an emergency.

     SB 31: FOR AN ACT ENTITLED, An Act to  list Flunitrazepam and Gamma Hydroxy Butyrate as controlled substances and to provide penalties therefor.

     SB 43: FOR AN ACT ENTITLED, An Act to  remove certain licensing exemptions regarding money lenders and mortgage lenders.

     SB 44: FOR AN ACT ENTITLED, An Act to  allow collection of delinquent installments to be provided for in the installment loan contract.

     SB 70: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to fees and mileage for witnesses.

     And signed the same in the presence of the House.

     HC 1007   Introduced by:  Representatives Young and Apa and Senator Dunn (Jim)

A LEGISLATIVE COMMEMORATION,  Honoring the memory of Mr. Josef Meier, who     played the role of Jesus Christ in the world renowned Spearfish Passion Play for nearly     sixty years.

     WHEREAS,  Josef Meier dedicated his life to his undying and timeless commitment for Passion play performances, setting an American record by portraying The Christus over nine thousand times, thus rightly earning him Medals of Honor from three Popes; and

     WHEREAS,  Josef Meier was a leader in the fine arts in South Dakota, a recognized conservationist, and a founding father in the development of Black Hills tourism; and

     WHEREAS,  Josef Meier was first and foremost a loving father, caring husband, and a very committed community member:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fourth Legislature of the State of South Dakota, that Josef Meier be remembered for his unselfish, unprecedented contributions not only to the State of South Dakota, but to the well-being of the world as a whole.

     Rep. Jaspers moved that the House do now adjourn, which motion prevailed, and at 5:37 p.m. the House adjourned.