JOURNAL OF THE SENATE
TWENTY-FIFTH DAY
STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 15, 1997
The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by Senate page Ashley Trankle.
Roll Call: All members present except Sen. Munson who was excused.
APPROVAL OF THE JOURNAL
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-fourth 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,
HAROLD W. HALVERSON, Chair
Which motion prevailed and the report was adopted.
CONSIDERATION OF EXECUTIVE APPOINTMENTS
The Senate proceeded to the consideration of the executive appointment of Ronald W.
Mielke of Minnehaha County, Sioux Falls, South Dakota, as the Assistant Adjutant General,
Air.
The question being "Does the Senate advise and consent to the executive appointment of
Ronald W. Mielke pursuant to the executive message as found on page 367 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Munson (David)
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
REPORTS OF STANDING COMMITTEES
MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration SB
265 and returns the same with the recommendation that said bill be amended as follows:
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That chapter 10-28 be amended by adding thereto a NEW SECTION to read as
follows:
For the credits claimed by a railroad pursuant to
§
10-28-21.1 the amounts which the
railroad or railway corporations have certified as having been expended in the replacement and
repair of rail lines shall be granted pursuant to the following schedule:
|
In year 1997
|
100%
|
|
1998
|
80%
|
|
1999
|
60%
|
|
2000
|
40%
|
|
2001
|
20%
|
Section 2. Section 1 of this Act and
§
10-28-21.1 are repealed effective January 30, 2002.
The repeal does not effect credits certified prior to January 30, 2002.
"
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration SB
185 and 229 which were tabled.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SCR 3 which was deferred to the 41st legislative day.
Respectfully submitted,
HAROLD W. HALVERSON, Chair
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 211
and returns the same with the recommendation that said bill be amended as follows:
On page
1
,
line
6 of the printed bill
,
after "
policy
"
insert "
or certificate
"
.
On page
1
,
line
8
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
1
,
line
9
,
delete "
, while operating a motor vehicle
"
.
On page
1
,
line
12
,
after "
policy
"
insert "
or certificate
"
.
On page
1
,
line
13
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
1
,
line
14
,
delete "
, while operating
"
and insert "
.
"
.
On page
1
,
delete line
15
.
On page
2
,
line
4
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
2
,
line
5
,
delete "
, while operating a motor vehicle
"
.
On page
2
,
line
10
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
2
,
line
11
,
delete "
, while operating a motor vehicle
"
.
On page
2
,
line
16
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
2
,
line
17
,
delete "
, while operating a motor vehicle
"
.
On page
2
,
line
21
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
2
,
line
22
,
delete "
, while operating
"
and insert "
.
"
On page
2
,
delete line
23
,
and insert:
"Section 7. Nothing in this Act precludes a health insurer, hospital or medical service plan,
a health maintenance organization, or any self-funded plan from excluding coverage for an
insured for any sickness or injury caused in the commission of a felony."
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 235
and returns the same with the recommendation that said bill be amended as follows:
On page
1
,
line
13 of the printed bill
,
after "
nature,
"
insert "
if the physical or mental
condition of any person is in issue,
"
.
On page
1
,
line
14
,
after "
waived
"
insert "
for the purpose of proving the commission of
a criminal offense or for the purpose of impeaching the testimony of the patient,
"
.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 241
and returns the same with the recommendation that said bill be amended as follows:
On page
2
,
line
11 of the printed bill
,
delete "
or refusal
"
.
On page
2
,
line
12
,
delete "
of
"
.
On page
3
,
line
15
,
delete "
or refusal
"
.
On page
5
,
line
2
,
delete "
and
"
and insert "
or
"
.
On page
5
,
line
12
,
delete everything after "
action
"
.
On page
5
,
line
13
,
delete everything before "
.
"
On page
6
,
line
21
,
delete "
refuse or
"
.
On page
7
,
line
1
,
delete "
or withholding
"
.
On page
7
,
line
7
,
delete "
or withholding
"
.
On page
7
,
line
9
,
delete "
the following medications:
"
and insert "
psychotropic
medications.
"
.
On page
7
,
delete lines
10
to
12
, inclusive
.
On page
7
,
line
13
,
delete "
Conditions and limitations
"
and insert "
Comments
"
.
On page
7
,
line
17
,
delete "
or withholding
"
.
On page
7
,
delete line
20
.
On page
7
,
line
21
,
delete "
Conditions and limitations
"
and insert "
Comments
"
.
On page
8
,
line
1
,
delete "
or withholding
"
.
On page
8
,
delete lines
5
and
6
.
On page
8
,
line
8
,
delete "
Conditions or limitations
"
and insert "
Comments
"
.
On page
8
,
line
17
,
delete "
or withholding
"
.
On page
11
,
line
1
,
delete "
or withhold
"
.
On page
11
,
after line
21
,
insert:
"
Section 19. That
§
27A-12-3.15
be amended to read as follows:
27A-12-3.15.
If the court finds by clear and convincing evidence that the person is incapable
of consenting to treatment with psychotropic medication because
his
the person's judgment is
so affected by
his
mental illness that
he
the person lacks the capacity to make a competent,
voluntary
,
and knowing decision concerning the medication and the administration of the
recommended psychotropic medication is essential under the criteria in
§
27A-12-3.13, the court
may exercise a substituted judgment on
may order the administration of psychotropic
medication.
"
On page
1
,
line
6
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
8
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
9
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
10
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
11
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
12
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
13
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
14
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
3
,
after "
physicians,
"
insert "
one of whom is the treating psychiatrist, if
any,
"
.
On page
2
,
line
4
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
5
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
9
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
11
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
delete line
12
,
and insert "
of mental illness treatment. A declaration for mental
illness treatment continues in effect for
"
.
On page
2
,
line
13
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
15
,
delete everything after "
until
"
and insert "
there is a subsequent
determination by the attending physician, treating psychiatrist, or the circuit court that the
principal is capable of giving informed consent.
"
.
On page
2
,
line
16
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
18
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
20
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
2
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
4
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
5
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
8
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
11
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
12
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
14
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
18
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
23
,
delete "
health
"
and insert "
illness
"
.
On page
4
,
line
8
,
delete "
health
"
and insert "
illness
"
.
On page
4
,
line
13
,
delete "
health
"
and insert "
illness
"
.
On page
4
,
line
23
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
1
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
1
,
delete "
committed to
"
and insert "
a patient of
"
.
On page
5
,
line
1
,
after "
pursuant to
"
insert "
Title 27A or
"
.
On page
5
,
line
6
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
10
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
15
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
22
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
23
,
delete "
health
"
and insert "
illness
"
.
On page
6
,
line
6
,
delete "
health
"
and insert "
illness
"
.
On page
6
,
line
12
,
delete "
health
"
and insert "
illness
"
.
On page
6
,
line
14
,
delete "
health
"
and insert "
illness
"
.
On page
6
,
line
19
,
delete "
health
"
and insert "
illness
"
.
On page
6
,
delete line
22
,
and insert "
illness treatment. "Mental illness treatment" means
convulsive treatment, treatment of mental
"
.
On page
7
,
line
2
,
delete "
health
"
and insert "
illness
"
.
On page
7
,
line
7
,
delete "
health
"
and insert "
illness
"
.
On page
7
,
line
17
,
delete "
health
"
and insert "
illness
"
.
On page
8
,
line
1
,
delete "
health
"
and insert "
illness
"
.
On page
8
,
line
3
,
delete "
health
"
and insert "
illness
"
.
On page
8
,
line
4
,
after "mental"
delete "
health
"
and insert "
illness
"
.
On page
8
,
line
5
,
after "mental"
delete "
health
"
and insert "
illness
"
.
On page
8
,
line
17
,
delete "
health
"
and insert "
illness
"
.
On page
9
,
line
5
,
delete "
health
"
and insert "
illness
"
.
On page
9
,
line
12
,
after "
us,
"
insert "
that the principal has read the accompanying Notice
to Person Making a Declaration and Power of Attorney for Mental Illness Treatment or has had
the notice read and explained,
"
.
On page
9
,
line
14
,
delete "
health
"
and insert "
illness
"
.
On page
10
,
line
5
,
delete "
health
"
and insert "
illness
"
.
On page
10
,
line
7
,
delete "
health
"
and insert "
illness
"
.
On page
10
,
line
16
,
delete "
HEALTH
"
and insert "
ILLNESS
"
.
On page
10
,
line
17
,
delete "
health
"
and insert "
illness
"
.
On page
10
,
line
21
,
delete "
health
"
and insert "
illness
"
.
On page
10
,
line
23
,
after "
facility.
"
insert "
It is very important that you declare your
instructions carefully and review this document regularly.
"
On page
11
,
line
4
,
after "
incapable.
"
insert "
Preference shall be given to immediate family
members in the following order: spouse, parent, adult child, and sibling. It is important that your
attorney-in-fact be knowledgeable about mental illness issues and the decisions you have made.
"
On page
11
,
line
11
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
2
,
delete "
health
"
and insert "
illness
"
.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 267
and returns the same with the recommendation that said bill be amended as follows:
On page
1
,
line
11 of the printed bill
,
delete "
less than two ounces of marijuana
"
and insert
"
two ounces of marijuana or less
"
.
On page
2
,
line
22 of the printed bill
,
after "
.
"
insert "
However, if the only controlled drug
or substance being illegally stored or used therein is one-half pound or less of marijuana, the
person is guilty of a Class 1 misdemeanor.
"
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 134
which was tabled.
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 174
which was deferred to the 41st legislative day.
Respectfully submitted,
FRED WHITING, Chair
MADAM PRESIDENT:
I have the honor to return herewith SB 104, 107, 111, 153, 157, 192, and 207 which have
passed the House without change.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HB 1115, 1178, 1231, 1274, 1276, and HJR 1009
which have passed the House and your favorable consideration is respectfully requested.
Respectfully,
KAREN GERDES, Chief Clerk
Sen. Jim Dunn moved that the Senate do concur in the House amendments to SB 39.
The question being on Sen. Jim Dunn's motion that the Senate do concur in the House
amendments to SB 39.
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Reedy; Rounds; Shoener; Staggers; Symens;
Thompson; Valandra; Vitter; Whiting
Nays were:
Morford-Burg; Olson
Excused were:
Munson (David); Paisley
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Yesterday, Sen. Daugaard announced his intention to reconsider the vote by which SB 236
lost.
Sen. Daugaard moved to reconsider the vote by which SB 236 lost.
The question being on Sen. Daugaard's motion to reconsider the vote by which SB 236
lost.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Whiting
Nays were:
Thompson
Excused were:
Munson (David); Vitter
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SB 236 was up for reconsideration and final passage.
Sen. Rounds moved that SB 236 be placed to precede SB 259 on today's calendar.
Which motion prevailed and the bill was so placed.
Yesterday, Sen. Staggers announced his intention to reconsider the vote by which SB 231
lost.
No member moved to reconsider the vote by which SB 231 lost.
Sen. Rebecca Dunn moved that the Committee on Appropriations be instructed to deliver
SB 233 to the floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
CONSIDERATION OF REPORTS OF COMMITTEES
Sen. Rounds moved that the reports of the Standing Committees on
Appropriations on SB 108 as found on page 445 of the Senate Journal; also
Appropriations on SB 254 as found on page 446 of the Senate Journal; also
Taxation on SB 228 as found on page 449 of the Senate Journal; also
Education on SB 49 as found on page 445 of the Senate Journal be adopted.
Which motion prevailed and the reports were adopted.
Sen. Drake moved that the word "not" be stricken from the report of the Committee on
Education on SB 199 as found on page 445 of the Senate Journal and that SB 199 be placed on
today's calendar.
The question being on Sen. Drake's motion that the word "not" be stricken from the report
of the Committee on Education on SB 199 and that SB 199 be placed on today's calendar.
And the roll being called:
Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0
Yeas were:
Benson; Dennert; Drake; Dunn (Rebecca); Flowers; Frederick; Halverson; Hunhoff; Hutmacher;
Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy; Staggers;
Symens; Valandra
Nays were:
Aker; Albers; Brown (Arnold); Daugaard; Dunn (Jim); Everist; Hainje; Ham; Paisley; Rounds;
Shoener; Thompson; Vitter; Whiting
Excused were:
Munson (David)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried, the "not" was stricken, and SB 199 was placed on today's
calendar.
Sen. Kloucek moved that the word "not" be stricken from the report of the Committee on
Agriculture & Natural Resources on SB 173 as found on page 444 of the Senate Journal and that
SB 173 be placed on the calendar for Tuesday, February 18, the 26th legislative day.
The question being on Sen. Kloucek's motion that the word "not" be stricken from the
report of the Committee on Agriculture & Natural Resources on SB 173 and that SB 173 be
placed on the calendar for Tuesday, February 18, the 26th legislative day.
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent and Not Voting 0
Yeas were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-
Burg; Olson; Reedy; Symens; Valandra
Nays were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick;
Hainje; Halverson; Ham; Johnson (William); Kleven; Paisley; Rounds; Shoener; Staggers;
Thompson; Vitter; Whiting
Excused were:
Munson (David)
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
There being no objection, the Senate reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MADAM PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 234
and returns the same with the recommendation that said bill do pass.
Also MADAM PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 188
and returns the same with the recommendation that said bill be amended as follows:
On page
1 of the printed bill
,
delete lines
6
to
10
, inclusive
,
and insert:
"The Legislature of the State of South Dakota hereby declares that this Act is for the
purpose of absolutely exempting certain retirement benefits in a reasonable amount from all
process, levy, or sale pursuant to the South Dakota Constitution, Article XXI,
§
4. The
Legislature hereby finds this Act is necessary to insure that a debtor enjoys the comforts and
necessities of life during retirement years."
On page
1
,
delete lines
13
to
16
, inclusive
,
and insert:
"Any person shall have the right to select and designate two hundred fifty thousand dollars
and the income and distributions therefrom of any employee benefit plan as exempt from
execution, attachment, garnishment, seizure, or taking by any legal process. The exemption
provided in this section is in addition to any other exemptions provided by federal law."
On page
2
,
delete lines
1
to
5
, inclusive
.
On page
2
,
after line
14
,
insert:
"
Section 4. In the event that any court of South Dakota finds the exemption provided in
section 2 of this Act is excessive, the court is hereby directed to determine the amount of the
exemption permissible under the South Dakota Constitution, Article XXI,
§
4.
"
f-188c
On page 2, line 9 of the printed bill, delete "101" and insert "1001".
On line 1 of the previously adopted amendment to SB 188, on the paragraph beginning
with "Any", after "designate" insert "a total of".
On line 2, delete "of any employee benefit plan" and insert "from the employee's benefit
plans"
And that as so amended said bill do pass.
MADAM PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 230
and returns the same with the recommendation that said bill be amended as follows:
On page
1
,
line
6 of the printed bill
,
delete "
or existing
"
.
On page
1
,
line
6
,
after "
new
"
insert "
single-family
"
.
On page
1
,
line
6
,
delete "
or realty improvement
"
and insert "
consisting of not more than
one family unit
"
.
On page 1, line 7, delete "or addition to existing residential housing".
On page
1
,
line
9
,
delete "
or addition to existing
"
.
On page
2
,
line
1
,
delete "
the construction of new or
"
and insert "
a project. The total
project cost may not exceed one hundred thousand dollars.
"
On page
2
,
delete line
2
.
On page
2
,
line
3
,
delete "
1997
"
and insert "
1998
"
.
On page
1
,
line
1 of the printed bill
,
after "
of
"
insert "
certain
"
.
On page
1
,
line
2
,
delete "
or existing
"
.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 177
which was deferred to the 41st legislative day.
Respectfully submitted,
KEITH PAISLEY, Chair
Sen. Rounds moved that SB 199, 236, 259, 149, 208, 216, 244, 73, 262, 264, and 191 and
HB 1084 be deferred until Tuesday, February 18, the 26th legislative day.
Which motion prevailed and the bills were so deferred.
FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1115
:
FOR AN ACT ENTITLED, An Act
to secure South Dakota Retirement System
benefits for members whose employers are privatized.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1178
:
FOR AN ACT ENTITLED, An Act
to make persons who fail to develop certain
erosion and sediment control plans ineligible for certain state financial assistance.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
HB 1231
:
FOR AN ACT ENTITLED, An Act
to revise the property tax levies for general
funds of a school district.
Was read the first time and referred to the Committee on Taxation.
HB 1274
:
FOR AN ACT ENTITLED, An Act
to assess the costs of rescue against vehicle
operators who fail to heed a notice of the temporary restriction or closing of a state trunk
highway.
Was read the first time and referred to the Committee on State Affairs.
HB 1276
:
FOR AN ACT ENTITLED, An Act
to restrict persons who have possessed,
used, or distributed controlled substances or marijuana from participation in certain
extracurricular activities or financial aid assistance.
Was read the first time and referred to the Committee on State Affairs.
HJR 1009
:
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next
general election amendments to Article IX of the Constitution of the State of South Dakota,
relating to the organization of local government.
Was read the first time and referred to the Committee on State Affairs.
SIGNING OF BILLS
The President publicly read the title to
HB 1107:
FOR AN ACT ENTITLED, An Act
to establish a fee for mailing or expressing
commercial license plates or stickers.
HB 1141:
FOR AN ACT ENTITLED, An Act
to revise certain provisions concerning those
vehicles that are acceptable for sale by an auction agency.
And signed the same in the presence of the Senate.
Sen. Brown (Arnold) moved that the Senate do now adjourn, which motion prevailed, and
at 1:35 p.m. the Senate adjourned.