Oklahoma 2023 Regular Session

Oklahoma House Bill HB2372 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB2372 SFLR Page 1
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	3	+	ENGR. H. B. NO. 2372 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 11, 2023
31		-	AS AMENDED
32		-
33	28		ENGROSSED HOUSE
34	29		BILL NO. 2372 By: Kannady of the House
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36	31		and
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38	33		Howard of the Senate
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43		-	[ civil procedure - defenses and objections -
44		-	judgment - interest - effective date ]
	38	+
	39	+
	40	+	An Act relating to civil procedure; amending 12 O.S.
	41	+	2021, Section 2012, which relates to defe nses and
	42	+	objections; clarifying procedure for default
	43	+	judgment; updating references; amending 12 O.S. 2021,
	44	+	Section 727.1, which relates to postjudgment
	45	+	interest; clarifying appl ication of interest; and
	46	+	providing an effective date .
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49	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
50	53		SECTION 1. AMENDATORY 12 O.S. 2021, Section 2012, is
51	54		amended to read as follows:
52	55		Section 2012.
53	56		DEFENSES AND OBJECTIONS; WHEN AND HOW PRESENTED;
54	57		BY PLEADING OR MOTION
55	58		A. WHEN PRESENTED. 1. Unless a different time is prescribed
56	59		by law, a defendant shall serve an answer:
57	60		a. within twenty (20) days a fter the service of the
58	61		summons and petition upon the defendant,
59	62		b. within twenty (20) days after the service of the
60	63		summons and petition upon the defendant, or within the
61		-	last day for answering if appl icable; provided, a
62		-	defendant may file a reservation o f time which shall
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64		-	SENATE FLOOR VERSION - HB2372 SFLR Page 2
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	65	+	ENGR. H. B. NO. 2372 Page 2 1
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	90	+	last day for answering if appl icable; provided, a
	91	+	defendant may file a reservation o f time which shall
90	92		extend the time to respond twenty (20) days from the
91	93		last date for answering. The filing of such a
92	94		reservation of time waives defenses of paragraphs 2,
93	95		3, 4, 5, 6, and 9 of subsectio n B of this section.
94	96		2. A party served with a pleadin g stating a cross-claim against
95	97		that party shall serve an answer thereto within twenty (20) days
96	98		after the service upon the party.
97	99		3. The plaintiff shall serve a reply to a counterclaim in the
98	100		answer within twenty (20) days after service of the answer or, if a
99	101		reply is ordered by the court, within twenty (20) days after service
100	102		of the order, unless the order otherwise directs.
101	103		4. The party requesting a summons to be issued or filing a
102	104		counter-claim counterclaim or cross-claim may elect to have the
103	105		answer served within thirty-five (35) days in lieu of the twenty
104	106		(20) days set forth in this section.
105	107		5. The service of a motion p ermitted under this section or a
106	108		motion for summary judgment alters these peri ods of time as follows:
107	109		if the court denies the motion or postpones its disposition until
108	110		the trial on the merits, the responsive pleading shall be served
109	111		within twenty (20) days after notice of the court's action, unless a
110	112		different time is fixed by order of the court.
111		-	B. HOW PRESENTED. Every defense, in l aw or fact, to a claim
112		-	for relief in any pleading, whether a claim, counterclaim, cross -
113		-	claim, or third-party claim, shall b e asserted in the responsive
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115		-	SENATE FLOOR VERSION - HB2372 SFLR Page 3
116		-	(Bold face denotes Committee Amendments) 1
	114	+	ENGR. H. B. NO. 2372 Page 3 1
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	139	+	B. HOW PRESENTED. Every defense, in l aw or fact, to a claim
	140	+	for relief in any pleading, whether a claim, counterclaim, cross -
	141	+	claim, or third-party claim, shall b e asserted in the responsive
141	142		pleading thereto if one is required, except that the following
142	143		defenses may at the option of the pleade r be made by motion:
143	144		1. Lack of jurisdiction over the subject matter;
144	145		2. Lack of jurisdiction over the person;
145	146		3. Improper venue;
146	147		4. Insufficiency of process;
147	148		5. Insufficiency of service of process ;
148	149		6. Failure to state a claim upon which relief can b e granted;
149	150		7. Failure to join a party under Section 2019 of this title;
150	151		8. Another action pending between the same parties for the same
151	152		claim;
152	153		9. Lack of capacity of a party to be sued; and
153	154		10. Lack of capacity of a party to sue.
154	155		A motion making any of these defenses shall be made before
155	156		pleading if a further pleading is permitted. No defense or
156	157		objection is waived by bein g joined with one or more other defenses
157	158		or objections in a responsive pleadin g or motion. If a pleading
158	159		sets forth a claim for rel ief to which the adverse party is not
159	160		required to serve a responsive pleading, the adverse party may
160	161		assert at the trial any defense in law or fact to that claim for
161	162		relief. If, on a motion asserting t he defense numbered in paragraph
162		-	6 of this subsection to dismiss for failure of the pleading to state
163		-	a claim upon which relief can be granted, matters outside the
164		-	pleading are presented to and not excluded by the court, the motion
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166		-	SENATE FLOOR VERSION - HB2372 SFLR Page 4
167		-	(Bold face denotes Committee Amendments) 1
	164	+	ENGR. H. B. NO. 2372 Page 4 1
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	189	+	6 of this subsection to dismiss for failure of the pleading to state
	190	+	a claim upon which relief can be granted, matters outside the
	191	+	pleading are presented to and not excluded by the court, the motion
192	192		shall be treated as one for summary judgment and all parties shall
193	193		be given reasonable opportunity to present all material made
194	194		pertinent to the motion by the rules for summary judgment. A motion
195	195		to dismiss for failure to state a claim upon which relief can be
196	196		granted shall separately state each omission or defect in the
197	197		petition, and a motion that does not specify such defects or
198	198		omissions shall be denied without a hearing and the defendant shall
199	199		answer within twenty (20) days after notice of the court 's action.
200	200		C. PRELIMINARY HEARINGS. The defenses specifically enumerated
201	201		in paragraphs 1 through 10 of subsection B of this section, whether
202	202		made in a pleading or by motion, and the motion to strike ment ioned
203	203		in subsection D of this section shall be heard and determined before
204	204		trial on application of any party, unless the court order s that the
205	205		hearing and determination thereof be deferred until the trial. If
206	206		the court determines that venue is proper, the action shall not be
207	207		dismissed for improper venue as a result of the jury 's verdict or
208	208		the subsequent ruling of the court on a demur rer to the evidence or
209	209		a motion for a directed verdict.
210	210		D. MOTION TO STRIKE. Upon motion made by a party before
211	211		responding to a pleading or, if no responsive pleading is permitted
212	212		by this act, upon mo tion made by a party within twenty (20) days
213		-	after the service of the pleading upon the party or upon the court 's
214		-	own initiative at any time, the court may order stricken from an y
215		-	pleading any insufficient defense. If, on a motion to strike an
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217		-	SENATE FLOOR VERSION - HB2372 SFLR Page 5
218		-	(Bold face denotes Committee Amendments) 1
	214	+	ENGR. H. B. NO. 2372 Page 5 1
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	239	+	after the service of the pleading upon the party or upon the court 's
	240	+	own initiative at any time, the court may order stricken from an y
	241	+	pleading any insufficient defense. If, on a motion to strike an
243	242		insufficient defense, matters outside the pleadings are presented to
244	243		and not excluded by the court, the motion shall be treated as one
245	244		for partial summary judgment and all parties shall be given
246	245		reasonable opportunity to present all materials made pertinent to
247	246		the motion by the rules for summary judgment.
248	247		E. CONSOLIDATION OF DEFENSES IN MOTION. A party who makes a
249	248		motion under this section may join with it any other motions herein
250	249		provided for and then available to the party. If a party makes a
251	250		motion under this section but omits therefrom any defense or
252	251		objection then available to the party which this section permits to
253	252		be raised by motion, the party shall not thereafter make a motion
254	253		based on the defense or objection so omitted, except a motion as
255	254		provided in paragraph 2 of subsection F of this section on the
256	255		grounds there stated. The court in its discretion may permit a
257	256		party to amend a motion by stating additional defenses or objectio ns
258	257		if an amendment is sought at least five (5) days before the hearing
259	258		on the motion.
260	259		F. WAIVER OR PRESERVATION OF CERTAIN DEFENSES .
261	260		1. A defense of lack of jurisdiction over the person, improper
262	261		venue, insufficiency of process, insufficiency of service of
263		-	process, failure to state a claim upon which relief can be granted,
264		-	or lack of capacity of a party to be sued is waived:
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266		-	SENATE FLOOR VERSION - HB2372 SFLR Page 6
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	263	+	ENGR. H. B. NO. 2372 Page 6 1
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	288	+	process, failure to state a claim upon which relief can be granted,
	289	+	or lack of capacity of a party to be sued is waived:
292	290		a. if omitted from a motion that raises any of the
293	291		defenses or objections which this section permits to
294	292		be raised by motion, or
295	293		b. if it is not made by motion and it is not included in
296	294		a responsive pleading or an amendment thereof
297	295		permitted by subsection A of Sect ion 2015 of this
298	296		title to be made as a matter of course. A motion to
299	297		strike an insufficient defense is waived if not raised
300	298		as in subsection D of this section.
301	299		2. A defense of failure to join a party indispensable under
302	300		Section 2019 of this title may be made in any pleading permitted or
303	301		ordered under subsection A of Section 2007 of this title or at the
304	302		trial on the merits. A defense of another action pending between
305	303		the same parties for the same claim or a defense of lack of capacity
306	304		of a party to sue ma y be made in any pleading permitted or ordered
307	305		pursuant to the provisions of subsection A of Section 2007 of this
308	306		title or at the pretrial conference.
309	307		3. Whenever it appears by suggestion of the partie s or
310	308		otherwise that the court lacks jurisdiction of th e subject matter,
311	309		the court shall dismiss the action.
312	310		4. A waiver of the defense in paragraph 6 of subsection B of
313	311		this section does not preclude a later contention that a party is
314		-	not entitled to any relief as a matter of law, either by motion for
315		-	summary judgment, or by demurrer or motion at or after trial.
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317		-	SENATE FLOOR VERSION - HB2372 SFLR Page 7
318		-	(Bold face denotes Committee Amendments) 1
	313	+	ENGR. H. B. NO. 2372 Page 7 1
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	338	+	not entitled to any relief as a matter of law, either by motion for
	339	+	summary judgment, or by demurrer or motion at or after trial.
343	340		G. FINAL DISMISSAL ON FAILURE TO AMEND. On granting a motion
344	341		to dismiss a claim for relief, the court shall grant leave to amend
345	342		if the defect can be remedied and shall specify the time within
346	343		which an amended pleading shall be filed. If the amended pleading
347	344		is not filed within the time allowed, final judgment of dismis sal
348	345		with prejudice shall be entered on motion except in cases of
349	346		excusable neglect. In such cases amendment shall be made by the
350	347		party in default within a time specified by the court for filing an
351	348		amended pleading. Within the time allowed by the court fo r filing
352	349		an amended pleading, a plaintiff may voluntarily dismiss the action
353	350		without prejudice.
354	351		H. MOTION FOR DEFAULT JUDGMENT NOT REQUIRED IF DEFENDANT FAILS
355	352		TO FILE RESPONSE. Nothing in any provision of this title or in any
356	353		local or district court rule shall be construed to require either a
357	354		motion or a hearing for default judgme nt, and no notice shall be
358	355		necessary, if, after servic e of summons and petition, a defendant
359	356		fails to timely file with the court clerk within twenty (20) days a
360	357		written appearance, answer, motion, pleading, or response as
361	358		provided in subsection A of this s ection. Contact or communication
362	359		with the plaintiff o r attorney of the plaintiff shall not constitute
363	360		an appearance, answer, motion, pleading, or response unless the
364	361		contact or communication is in writing and is also timely filed by
365		-	the defendant in writing with the court clerk as provided in
366		-	subsection A of this section. The provisions of this subsection
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368		-	SENATE FLOOR VERSION - HB2372 SFLR Page 8
369		-	(Bold face denotes Committee Amendments) 1
	363	+	ENGR. H. B. NO. 2372 Page 8 1
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	388	+	the defendant in writing with the court clerk as provided in
	389	+	subsection A of this section. The provisions of this subsection
394	390		shall not be construed to preve nt an evidentiary hearing concerning
395	391		the amount of damages to be awarded.
396	392		SECTION 2. AMENDATORY 12 O.S. 2021, Section 727.1, is
397	393		amended to read as fo llows:
398	394		Section 727.1
399	395		POSTJUDGMENT INTEREST
400	396		A. 1. Except as otherwise provided by this section, all
401	397		judgments of courts of record, including costs and attorney fees
402	398		authorized by statute or otherwise and allowed by the court, shall
403	399		bear interest at a rate prescribed pursuant to this section. Such
404	400		interest shall also apply to the amounts collected on any judg ment
405	401		enforced during the pendency of an appeal which is subsequently
406	402		overturned on appeal when restitution is paid to the defendant.
407	403		2. Costs and attorney fees allowed by the court shall bear
408	404		interest from the earlier of the date the judgment or order is
409	405		pronounced, if expressly stated in the written judgment or order
410	406		awarding the costs and attorn ey fees, or the date the judgment or
411	407		order is filed with the court clerk.
412	408		B. Judgments, including costs and attorney fees authorized by
413	409		statute or otherwise and allowed by the court, against this state or
414	410		its political subdivisions, including counties, mu nicipalities,
415	411		school districts, and public trusts of which this state or a
416		-	political subdivision of this state is a beneficiary, shall bear
417		-	interest during the term of judg ment at a rate prescribed pursuant
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419		-	SENATE FLOOR VERSION - HB2372 SFLR Page 9
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	413	+	ENGR. H. B. NO. 2372 Page 9 1
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	438	+	political subdivision of this state is a beneficiary, shall bear
	439	+	interest during the term of judg ment at a rate prescribed pursuant
445	440		to this section from the date of rendition. No j udgment against
446	441		this state or its political subdivisions, including counties,
447	442		municipalities, school districts, and public trusts of which this
448	443		state or a political subdivi sion of this state is a beneficiary,
449	444		inclusive of postjudgment interest, shall excee d the total amount of
450	445		liability of the governmental entity pursuant to The Go vernmental
451	446		Tort Claims Act.
452	447		C. The postjudgment interest authorized by subsection A or
453	448		subsection B of this section shall accrue from the earlier of the
454	449		date the judgment is rend ered as expressly stated in the judgment,
455	450		or the date the judgment is filed w ith the court clerk, and shall
456	451		initially accrue at the rate in effect for the calendar year dur ing
457	452		which the judgment is rendered until the end of the calendar year in
458	453		which the judgment was rendered, or until the judgment is paid,
459	454		whichever first occurs. Beginning on January 1 of the next
460	455		succeeding calendar year until the end of that calendar yea r, or
461	456		until the judgment is paid, whichever first occurs, the judgment,
462	457		together with postjudgment interest previously accrued, shall bear
463	458		interest at the rate i n effect for judgments rendered during that
464	459		calendar year as certified by the Administrative Di rector of the
465	460		Courts pursuant to subsection I of this section. For each
466	461		succeeding calendar year, or part of a calendar year, during which a
467		-	judgment remains unpaid, the judgment, together with postjudgment
468		-	interest previously accrued, shall bear interest at the rate in
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	463	+	ENGR. H. B. NO. 2372 Page 10 1
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	488	+	judgment remains unpaid, the judgment, together with postjudgment
	489	+	interest previously accrued, shall bear interest at the rate in
496	490		effect for judgments rendered during that calendar year as certified
497	491		by the Administrative Director of the Courts pursuant to subsection
498	492		I of this section. A separate computation using the interest rate
499	493		in effect for judgments as provided by subsection I of this section
500	494		shall be made for each calendar year, or part of a c alendar year,
501	495		during which the judgment remains unpaid in order to determine the
502	496		total amount of interest for which the judgment debtor is liable.
503	497		The postjudgment interes t rate for each calendar year or part of a
504	498		calendar year a judgment remains unpaid s hall be multiplied by the
505	499		original amount of the judgment, including any prej udgment interest,
506	500		together with postjudgment interest previously accrued. Interest
507	501		shall accrue on a judgment in the manner prescribed by this
508	502		subsection until the judgment is sa tisfied or released.
509	503		D. If a rate of interest is specified in a contract, th e rate
510	504		specified shall apply and be stated in the journal entry of
511	505		judgment. The rate of inter est shall not exceed the lawful rate for
512	506		that obligation. Postjudgment interest sha ll be calculated at the
513	507		contractual rate and accrued in the same manner as pr escribed in
514	508		subsection C of this section.
515	509		PREJUDGMENT INTEREST
516	510		E. Except as provided by subsec tion F of this section,
517	511		beginning November 1, 2009, if a verdict for damages by reas on of
518		-	personal injuries or injury to personal rights including, but not
519		-	limited to, injury resulting from bodily restraint, personal insult,
520	512
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	538	+	personal injuries or injury to personal rights including, but not
	539	+	limited to, injury resulting from bodily restraint, personal insult,
547	540		defamation, invasion of privacy , injury to personal relations, or
548	541		detriment due to an act or omission of another is accepted by the
549	542		trial court, the court in rendering judgment shall add inter est on
550	543		the verdict at a rate prescribed pursuant to subsection I of this
551	544		section from the date which is twenty-four (24) months after the
552	545		suit resulting in the judgment was commen ced to the earlier of the
553	546		date the verdict is accepted by the trial court as expressly stated
554	547		in the judgment, or the date the judgment is filed with the court
555	548		clerk. No prejudgment interest shall begin to accrue until twenty -
556	549		four (24) months after the su it resulting in the judgment was
557	550		commenced. The interest rate for computatio n of prejudgment
558	551		interest shall begin with the rate prescribed by subsection I of
559	552		this section which is in effect for the calendar year which is
560	553		twenty-four (24) months after the suit resulting in the judgment was
561	554		commenced. This rate shall be in effect u ntil the end of the
562	555		calendar year in which interest begins to accrue or until the date
563	556		judgment is filed, whichever first occurs. Beginning on January 1
564	557		of the next succeeding ca lendar year until the end of that calendar
565	558		year, or until the date the judgme nt is filed, whichever first
566	559		occurs, and for each succeeding calendar year thereafter, the
567	560		prejudgment interest rate shall be the rate in effect for judgments
568	561		rendered during each calendar year as certified by the
569		-	Administrative Director of the Courts purs uant to subsection I of
570		-	this section. After the computation of all prejudgment interest has
571	562
572		-	SENATE FLOOR VERSION - HB2372 SFLR Page 12
573		-	(Bold face denotes Committee Amendments) 1
	563	+	ENGR. H. B. NO. 2372 Page 12 1
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	588	+	Administrative Director of the Courts purs uant to subsection I of
	589	+	this section. After the computation of all prejudgment interest has
598	590		been completed, the total amount of prejudgment interest shall be
599	591		added to the amount of the judgment rendered pursuant to the trial
600	592		of the action, and the total a mount of the resulting judgment shall
601	593		become the amount upon which postjudgment interest is com puted
602	594		pursuant to subsection A of this section.
603	595		F. If a verdict of the type describ ed by subsection E of this
604	596		section is rendered against this state or its poli tical
605	597		subdivisions, including counties, municipalities, school districts,
606	598		and public trusts of which this state or a political subdivision of
607	599		this state is a beneficiary, the judg ment shall bear interest at the
608	600		rate prescribed pursuant to subsection I of t his section from the
609	601		date the suit was commenced to the earlier of the date the verdict
610	602		is accepted by the trial court as expressly stated in the judgment
611	603		or the date the judgment is filed with the court clerk. The
612	604		interest rate for computation of prejudg ment interest shall begin
613	605		with the rate prescribed by subsection I of this section which is in
614	606		effect for the calendar year in which the suit resulting in the
615	607		judgment is commence d. This rate shall be in effect until the end
616	608		of the calendar year in which the suit resulting in judgment was
617	609		filed or until the date the judgment is rendered as expressl y stated
618	610		in the judgment, whichever first occurs. Beginning on January 1 of
619	611		the next succeeding calendar year until the end of that calendar
620		-	year, or until the date judgment is rendered, whichever first
621		-	occurs, and for each succeeding calendar year therea fter, the
622	612
623		-	SENATE FLOOR VERSION - HB2372 SFLR Page 13
624		-	(Bold face denotes Committee Amendments) 1
	613	+	ENGR. H. B. NO. 2372 Page 13 1
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	638	+	year, or until the date judgment is rendered, whichever first
	639	+	occurs, and for each succeeding calendar year therea fter, the
649	640		prejudgment interest rate shall be the rate in effect for judgments
650	641		rendered during each calendar year as certified by the
651	642		Administrative Director of t he Courts pursuant to subsection I of
652	643		this section. After the computation of prejudgment inter est has
653	644		been completed, the amount shall be added to the amount of the
654	645		judgment rendered pursuant to the trial of the action, and the total
655	646		amount of the resulti ng judgment shall become the amount upon which
656	647		postjudgment interest is computed pursuant to su bsection B of this
657	648		section. No award of prejudgment interest against this state or its
658	649		political subdivisions, including counties, municipalities, school
659	650		districts, and public trusts of which this state or a political
660	651		subdivision of this state is a benefi ciary, including the amount of
661	652		the judgment awarded pursuant to trial of the action, shall exceed
662	653		the total amount of liability of the governmental entity pursua nt to
663	654		The Governmental Tort Claims Act.
664	655		G. If exemplary or punitive damages are awarded in an action
665	656		for personal injury or injury to personal rights including, but not
666	657		limited to, injury resulting from bodily restraint, personal insult,
667	658		defamation, invasion of privacy, injury to personal relations, or
668	659		detriment due to an act or omission of another , the interest on that
669	660		award shall begin to accrue from the earlier of the date the
670		-	judgment is rendered as expressly stated in the judgment, or the
671		-	date the judgment is filed with the court clerk.
672	661
673		-	SENATE FLOOR VERSION - HB2372 SFLR Page 14
674		-	(Bold face denotes Committee Amendments) 1
	662	+	ENGR. H. B. NO. 2372 Page 14 1
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	687	+	judgment is rendered as expressly stated in the judgment, or the
	688	+	date the judgment is filed with the court clerk.
699	689		H. If a judgment is rendered establishing the existence o f a
700	690		lien against property and no rate of interest exists, the court
701	691		shall allow prejudgment interest at a rate prescribed pursuant to
702	692		subsection I of this sectio n from the date the lien is filed to the
703	693		date of verdict.
704	694		I. For purposes of computing postjud gment interest as
705	695		authorized by this section, interest shall be the prime rate, as
706	696		listed in the first edition of the Wall Street Journal published for
707	697		each calendar year and as certified to the Administrative Director
708	698		of the Courts by the State Treasurer on the first regular business
709	699		day following publication in January of each year, plu s two percent
710	700		(2%). For purposes of computing prejudgment interest as author ized
711	701		by this section, interest shall be determined using a rate equal to
712	702		the average United Sta tes Treasury Bill rate of the preceding
713	703		calendar year as certified to the Administra tive Director of the
714	704		Courts by the State Treasurer on the first regular busin ess day in
715	705		January of each year.
716	706		J. For purposes of computing postjudgment interest, the
717	707		provisions of this section shall be applicable to all judgments of
718	708		the district courts re ndered on or after January 1, 2005. Effective
719	709		January 1, 2005, the method fo r computing postjudgment interest
720		-	prescribed by this section shall be applicable to all judgmen ts
721		-	remaining unpaid rendered prior to January 1, 2005.
722	710
723		-	SENATE FLOOR VERSION - HB2372 SFLR Page 15
724		-	(Bold face denotes Committee Amendments) 1
	711	+	ENGR. H. B. NO. 2372 Page 15 1
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748	735
	736	+	prescribed by this section shall be applicable to all judgmen ts
	737	+	remaining unpaid rendered prior to January 1, 2005.
749	738		K. For purposes of computing prejudgment interest, the
750	739		provisions of this section shall be applicable to all actions which
751	740		are filed in the district courts on or after January 1, 2010, for
752	741		which an award of prejudgment interest is authorized by the
753	742		provisions of this section.
754	743		SECTION 3. This act shall become effective November 1, 202 3.
755		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
756		-	April 11, 2023 - DO PASS AS AMENDED
	744	+	Passed the House of Repr esentatives the 9th day of March, 2023.
	745	+
	746	+
	747	+
	748	+
	749	+	Presiding Officer of the House
	750	+	of Representatives
	751	+
	752	+
	753	+
	754	+	Passed the Senate the ___ day of __________, 2023.
	755	+
	756	+
	757	+
	758	+
	759	+	Presiding Officer of the Senate
	760	+
	761	+