MOTIONS & UNANIMOUS CONSENT REQUESTS

WEST VIRGINIA SENATE REVISED 2011

Compiled by the Office of the Senate Clerk ROOM 269-M

C O N T E N T S

Addressing the Senate...... 1 ...... 2 Amendments: Explain in lieu of having read...... 3 & considered simultaneously...... 4 Offered prior to lodged amendments...... 5 On 3rd Reading...... 6 Returning to 2nd Reading for...... 7 Withdrawal of...... 8 Bill advanced to 3rd w/right to ...... 9 Bill laid over one day...... 10 Reports: Bill reported; read 1st time...... 11 Bill reported; read 1st time prior to 2nd referral. . . 12 Bill reported; referred to additional committee. . . . 13 Bill reported; referred to additional committee prior to 2nd reference...... 14 Bill reported; 2nd reference dispensed with...... 15 Conference Reports: Adoption of...... 16 Examination period...... 17 Matters not in Disagreement...... 18 Confirmations...... 19 Constitutional rule suspension...... 20 Deferral...... 21 Discharging committee...... 22 Effective date...... 23 Introduce bill/resolution from the ...... 24 Point of inquiry...... 25 ...... 26 Point of personal privilege...... 27 ...... 28 Privileges of the floor...... 29 Recall from House...... 30 ...... 31 Recommit/Rerefer to committee...... 32 Reconsideration...... 33 Adoption/Rejection of committee amendments. . . 35 Adoption/Rejection of floor amendments...... 36 Adoption/Rejection of resolution...... 37 Passage/Rejection of bill...... 38 Effective date...... 39 Motion made Special Order of Business...... 40 Rejection of bill/resolution...... 41 Remarks ordered printed in Appendix...... 42 Requesting to speak...... 43 Rerefer/Recommit to committee...... 32 Resolution, immediate consideration...... 44 Special order of business...... 45 Table...... 46 : Changing your vote...... 47 Demand for roll call...... 48 Division of vote...... 49 Excused...... 50 Voting sentiment...... 51 Written vote explanation...... 52 Addressing the Senate

To be used when expressing sentiment during orders of business other than Remarks.

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT TO ADDRESS THE SENATE.

1 Adjournment

This is nondebatable motion and cannot be amended.

MR. PRESIDENT, I MOVE THAT THE SENATE ADJOURN UNTIL . . .

. . . (state day and time)

Otherwise adjournment is until 2 p.m. the following day

2 Explain Amendment in lieu of Having it Read

The member should stand as soon as the Clerk begins to report the amendment.

One Amendment:

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT TO EXPLAIN THE AMENDMENT IN LIEU OF HAVING IT READ.

3 Explain Amendments in lieu of Having Them Read & Considered Simultaneously

The member should stand as soon as the Clerk begins to report the amendments.

More than one Amendment:

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT TO EXPLAIN THE AMENDMENTS IN LIEU OF HAVING THEM READ AND THAT ALL OF THE AMENDMENTS BE CONSIDERED AS ONE.

4 Amendment Offered Prior to those Lodged with the Clerk

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT I BE PERMITTED TO OFFER AMENDMENTS TO THE BILL/RESOLUTION PRIOR TO THOSE AMENDMENTS NOW LODGED WITH THE CLERK

5 Amend on Third Reading

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT TO AMEND THE BILL/RESOLUTION ON THIRD READING.

6 Return of Bill to Second Reading & Amendment Stage

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE BILL/RESOLUTION BE RETURNED TO SECOND READING AND THE AMENDMENT STAGE.

7 Withdrawal of Amendment(s)

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT TO WITHDRAW MY AMENDMENT(S).

8 Bill/Resolution Advanced to Third Reading with the Right to Amend

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE BILL/RESOLUTION BE ADVANCED TO 3RD READING WITH THE RIGHT TO AMEND.

9 Bill/Resolution to Lie Over One Day, Retaining its Place on the Calendar

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE BILL/RESOLUTION LIE OVER ONE DAY, RETAINING ITS PLACE ON THE CALENDAR.

10 Bill Coming Out on Committee Report; Immediate Consideration; Read a First Time

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE BILL/RESOLUTION BE TAKEN UP FOR IMMEDIATE CONSIDERATION AND READ A FIRST TIME.

11 Bill Coming Out on Committee Report; Immediate Consideration; Read a First Time Prior to Referral to Second Committee

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE BILL/RESOLUTION BE TAKEN UP FOR IMMEDIATE CONSIDERATION AND READ A FIRST TIME PRIOR TO ITS SECOND REFERENCE.

12 Bill Coming Out on Committee Report with Further Recommendation that it be Referred to an Additional Committee

To be requested by chair of committee making recommendation

MR. PRESIDENT, I MOVE THAT SENATE/HOUSE BILL NO. ______BE REFERRED TO THE COMMITTEE ON ______.

13 Bill Coming Out on Committee Report with Further Recommendation that it be Referred to an Additional Committee prior to Referral to Second Committee

To be requested by chair of committee making recommendation

MR. PRESIDENT, I MOVE THAT SENATE/HOUSE BILL NO. ______BE REFERRED TO THE COMMITTEE ON ______PRIOR TO ITS SECOND REFERENCE.

14 Bill Coming Out on Committee Report; Dispense With Second Committee Reference

To be requested by chair of second committee

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE SECOND COMMITTEE REFERENCE BE DISPENSED WITH.

15 Adoption of Conference Committee Report

Following explanation of report . . .

MR. PRESIDENT, I NOW MOVE THAT THE COMMITTEE OF CONFERENCE REPORT BE TAKEN UP FOR IMMEDIATE CONSIDERATION AND PUT UPON ITS ADOPTION.

16 Suspend Joint Rule 3--Examination Period for Conference Reports

MR. PRESIDENT, I MOVE TO SUSPEND THE PROVISIONS OF JOINT RULE NO. 3 AND ASK THAT THE CONFERENCE REPORT AS TO SENATE/HOUSE BILL NO. ____ BE TAKEN UP FOR IMMEDIATE CONSIDERATION.

17 Suspend Joint Rule Regarding Matters not in Disagreement

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE JOINT RULE WITH RESPECT TO THE COMMITTEE OF CONFERENCE ACTING ON MATTERS NOT IN DISAGREEMENT BETWEEN THE TWO HOUSES AS TO ENGROSSED SENATE/HOUSE BILL NO. ___ AND ALL RULES OF THE SENATE IN CONTRAVENTION OF THE FOREGOING PROCEDURE BE SUSPENDED.

18 Confirmation of Executive (and Legislative) Appointees

MR. PRESIDENT, I MOVE THAT THE SENATE DO ADVISE AND CONSENT TO THE EXECUTIVE (AND LEGISLATIVE) REFERRED TO IN THE REPORT OF THE COMMITTEE OF CONFIRMATIONS AND THAT THE NOMINEES THEREIN BE CONFIRMED.

NOTE: This requires a vote of all the members elected.

19 Suspend the Constitutional Rule Requiring a Bill be Read on Three Separate Days

MR. PRESIDENT, I MOVE THAT THE CONSTITUTIONAL RULE REQUIRING A BILL TO BE READ ON THREE SEPARATE DAYS BE SUSPENDED.

NOTE: This requires a vote of four fifths of all the members present.

20 Deferral of Bill/Resolution or Motion

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT FURTHER CONSIDERATION OF THE BILL/RESOLUTION BE DEFERRED . . .

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT FURTHER CONSIDERATION OF THE MOTION BE DEFERRED . . .

. . . UNTIL THE CONCLUSION OF BILLS ON TODAY’S ______READING CALENDAR.

. . . FOLLOWING CONSIDERATION OF SENATE/HOUSE BILL/RESOLUTION NO. _____ ON TODAY'S ______READING CALENDAR.

. . . UPON RECONVENING FOLLOWING AN ANTICIPATED RECESS.

21 Discharging Committee

MR. PRESIDENT, I MOVE THAT THE COMMITTEE ON ______BE DISCHARGED FROM FURTHER CONSIDERATION OF SENATE/HOUSE BILL/RESOLUTION NO. ______.

22 Effective Date

MR. PRESIDENT, I MOVE THAT THE BILL BE MADE EFFECTIVE . . .

(from passage or a date certain such as July 1, ____) . . .

. . . AND REQUEST UNANIMOUS CONSENT THAT THE ROLL CALL USED ON THE PASSAGE OF THE BILL BE USED TO MAKE IT SO EFFECTIVE.

23 Introduction of Bill/Resolution from the Floor

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT TO INTRODUCE A BILL/RESOLUTION FROM THE FLOOR.

24 Point of Inquiry

A point of inquiry is an informal request for information.

POINT OF INQUIRY, MR. PRESIDENT.

Upon recognition, you may state your inquiry, i.e., what is the motion before us; if this motion is rejected, how will we proceed; what is the vote requirement for this question-- majority present, majority elected, etc.

25 Point of Order

A point of order may be raised if it appears that the Senate is not following the Senate Rules or is straying from the question before it.

POINT OF ORDER, MR. PRESIDENT

The President will then interrupt the proceedings and say: STATE YOUR POINT.

26 Point of Personal Privilege

To be used only when having been personally attacked

MR. PRESIDENT, I ARISE TO A POINT OF PERSONAL PRIVILEGE.

27 Previous Question

Cuts off all debate and brings to a vote the immediate question or questions--

Do not offer prefatory remarks or your motion will be ruled out of order.

This is not a debatable motion.

MR. PRESIDENT, I MOVE THE PREVIOUS QUESTION.

28 Privileges of the Floor-- Senate Rule No. 54

No person except members of the House of Delegates, former members of the West Virginia Legislature who are not lobbyists, duly accredited representatives of the press, radio and television and legislative officers and employees engaged in the proper discharge of their duties, shall be admitted within the Senate Chamber while the Senate is in session. [Senate Rule No. 54]

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE PROVISIONS OF SENATE RULE NO. 54 BE SUSPENDED IN ORDER TO PERMIT ______PRIVILEGES OF THE FLOOR FOR THE DAY.

29 Recall Bill/Resolution from House of Delegates

Until a bill/resolution is in possession of the Senate, no motion for reconsideration is in order.

MR. PRESIDENT, I MOVE THAT THE SENATE REQUEST THE RETURN OF ENGROSSED SENATE/HOUSE BILL/RESOLUTION NO. ___ FROM THE HOUSE OF DELEGATES.

30 Recess

MR. PRESIDENT, I MOVE THAT THE SENATE RECESS . . .

. . . FOR ______MINUTES.

. . . UNTIL_____ P.M. TODAY.

31 Recommit Bill/Resolution to Committee

Recommit--means the bill is being sent back to the committee from which it had been previously reported with no intention of being reported out again.

MR. PRESIDENT, I MOVE THAT SENATE/HOUSE BILL/RESOLUTION NO. ___ BE RECOMMITTED TO THE COMMITTEE ON ______.

Rerefer Bill/Resolution to Committee

Rerefer--means the bill is being sent back to the committee from which it had been previously reported with the intention of being "reworked" & that it will be reported out again.

MR. PRESIDENT, I MOVE THAT SENATE/HOUSE BILL/RESOLUTION NO. ___ BE REREFERRED TO THE COMMITTEE ON ______.

32 RECONSIDERATION

After any question has been decided in the affirmative or in the negative, it shall be in order for any member who voted with the prevailing side to move for a reconsideration of the vote thereon at any time on the same day or the next succeeding day of actual session. When the yeas and nays have not been recorded in the Journal, any member, irrespective of whether he or she voted with the prevailing side or not, may make the motion to reconsider. If the Senate refuse to reconsider, or upon reconsideration shall affirm its first decision, no further motion to reconsider shall be in order. No vote shall be reconsidered upon motions to adjourn, to lay on the table, to take from the table or for the previous question.

The motion to reconsider may be put and acted upon when made. If seconded, it shall take precedence of all other questions, except the consideration of a conference report and the motion to adjourn, and unless by motion postponed until some future date be acted upon at once. When a motion to reconsider is made and not acted upon at the time, it shall be placed upon the calendar, under unfinished business, and be acted upon the next succeeding day of actual session. A motion to reconsider shall not be withdrawn without leave of the Senate.

No bill, resolution, message, report, amendment or motion, upon which a motion is pending to reconsider

33 the vote thereon, shall be taken out of the possession of the Senate until final disposition of the motion to reconsider. No motion for reconsideration of the vote on any question, which has gone out of the possession of the Senate, shall be in order unless subsequently recalled by vote of the Senate and in possession of the Clerk.

When a motion to reconsider has been carried, its effect shall be to place before the Senate the original question in the exact position it occupied before it was voted upon. [Senate Rule No. 42]

If a roll call vote has been taken, the member making this motion must have voted on the prevailing side. If a , any member may make this motion.

This motion is in order at any time on the same day or next succeeding day of actual session.

34 Reconsideration of Adoption/Rejection of Committee Amendment(s)

MR. PRESIDENT, HAVING VOTED ON THE PREVAILING SIDE, I MOVE THAT THE SENATE RECONSIDER THE VOTE BY WHICH IT PREVIOUSLY ADOPTED/REJECTED THE ______COMMITTEE AMENDMENT(S) TO SENATE/HOUSE BILL/RESOLUTION NO. ______.

35 Reconsideration of Adoption/Rejection of Floor Amendment(s)

MR. PRESIDENT, HAVING VOTED ON THE PREVAILING SIDE, I MOVE THAT THE SENATE RECONSIDER THE VOTE BY WHICH IT PREVIOUSLY ADOPTED/REJECTED THE AMENDMENT(S) OFFERED BY THE SENATOR FROM ______TO SENATE/HOUSE BILL/RESOLUTION NO. _____.

36 Reconsideration of Adoption/Rejection of Resolution

MR. PRESIDENT, HAVING VOTED ON THE PREVAILING SIDE, I MOVE THAT THE SENATE RECONSIDER THE VOTE BY WHICH IT ADOPTED/REJECTED SENATE/HOUSE RESOLUTION NO. ______.

37 Reconsideration of Passage/Rejection of Bill/Resolution

MR. PRESIDENT, HAVING VOTED ON THE PREVAILING SIDE, I MOVE THAT THE SENATE RECONSIDER THE VOTE BY WHICH IT PASSED/REJECTED SENATE/HOUSE BILL/RESOLUTION NO. ______.

38 Reconsideration of Effective Date

MR. PRESIDENT, HAVING VOTED ON THE PREVAILING SIDE, I MOVE THAT THE SENATE RECONSIDER THE EFFECTIVE DATE OF SENATE/HOUSE BILL NO. ______.

39 Reconsideration Motion Made Special Order of Business

MR. PRESIDENT, HAVING VOTED ON THE PREVAILING SIDE, I MOVE THAT THE SENATE RECONSIDER THE VOTE BY WHICH ______(see previous pages); AND FURTHER MOVE THAT MY MOTION BE MADE A SPECIAL ORDER OF BUSINESS . . . .*

. . . (STATE DAY AND TIME).

. . . FOLLOWING CONSIDERATION OF SENATE/HOUSE BILL/RESOLUTION NO. ____ ON TODAY'S ______READING CALENDAR.

* Unless specified, this motion will be placed under unfinished business for tomorrow.

40 Rejection of Bill/Resolution

This motion can be made only when the bill/resolution is reported on First Reading.

MR. PRESIDENT, I MOVE THAT THE SENATE REJECT SENATE/HOUSE BILL/RESOLUTION NO. ______.

41 Remarks Ordered Printed in Appendix to the Journal

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE REMARKS BY THE SENATOR FROM ______BE PRINTED IN THE APPENDIX TO THE JOURNAL.

42 Requesting to Speak

When you wish to speak, you must stand at your place. Remain standing until the Chair recognizes you.

MR. PRESIDENT.

43 Resolution Introduced; Immediate Consideration; Committee Reference Dispensed; Placed on Adoption

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE RESOLUTION BE TAKEN UP FOR IMMEDIATE CONSIDERATION, COMMITTEE REFERENCE BE DISPENSED WITH, AND THE RESOLUTION BE PUT UPON ITS ADOPTION.

44 Special Order of Business

MR. PRESIDENT, I MOVE THAT FURTHER CONSIDERATION OF ______BE MADE A SPECIAL ORDER OF BUSINESS . . . .*

. . . (state day and time).

. . . following consideration of Senate/House Bill/Resolution No. ____ on today's ______reading calendar.

* Unless specified, this motion will be placed under unfinished business for tomorrow.

45 Motion to Table

The motion to lay on the table is to postpone the question for an undetermined period.

Do not offer prefatory remarks or your motion will be ruled out of order.

This is a nondebatable motion.

MR. PRESIDENT, I MOVE TO TABLE (bill, resolution, amendment, motion).

46 Changing your Vote

Voting . . . shall be permitted until the result thereof is announced by the President: Provided, That any vote cast after the machine has been closed shall be stated by the President as having been cast and such shall be entered on the Journal: Provided, however, That no vote may be cast after the vote has been announced. [Senate Rule 45]

If you wish to change your vote after the voting machine has been closed, IMMEDIATELY STAND, ADDRESS THE CHAIR AND INDICATE YOU WISH TO CHANGE YOUR VOTE. This must be done before the Chair announces the vote on the question.

You may not give an explanation for changing your vote.

47 Demand for Roll Call

. . . the yeas and nays shall be taken on demand of any member on any question unless another member objects. Upon any such objection the President shall inquire of the membership if the demand for the yeas and nays is sustained. If the demand is so sustained by one tenth of the members present, the yeas and nays shall be taken, and, if the demand is not sustained by one tenth of the members present, then the yeas and nays shall not be taken. [Senate Rule No. 44]

If a member desires that a roll call be taken, announce your demand:

ROLL CALL.

The Chair will question whether the demand is sustained. If it is so sustained, a roll call will be taken.

48 Division of Vote

If a member disagrees with the Chair’s decision of the VOICE vote, they may ask for a division. This is asked for immediately after the Chair announces “[It appears] the “ayes/nays” have it.” Announce your request:

DIVISION.

This requires the Chair to call for a standing vote of the yeas and nays.

49 Excused from Voting-- Senate Rule No. 43

Every member within the Senate Chamber, when a question is put, shall vote unless he or she is immediately and particularly interested therein, meaning an interest that affects the member directly and not as one of a class, or the Senate excuses him or her. All motions to excuse a member from voting must be made by the member requesting to be excused before the Senate divides, or before the call of the yeas and nays is commenced, and it shall be decided without debate, except that the member making the motion to be excused from voting may briefly state the reason why it ought to be adopted. [Senate Rule No. 43]

MR. PRESIDENT, I MOVE THAT I BE EXCUSED FROM VOTING UNDER RULE NUMBER 43 OF THE RULES OF THE SENATE.

50 Voting Sentiment

Following the absence by a member on a roll call vote, you may ask to have the Journal show how you would have voted had you been present in the chamber.

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT THE JOURNAL SHOW HAD I BEEN PRESENT IN THE CHAMBER IN EARLIER PROCEEDINGS TODAY, I WOULD HAVE VOTED AYE/NAY ON THE PASSAGE/ADOPTION OF SENATE/HOUSE BILL/RESOLUTION.

Upon the return of a member following an absence of a daily session, please ask the Clerk’s staff to provide you with a record of all roll call votes taken in your absence. A voting sentiment form is provided for your use in this instance. Your sentiment is expressed as follows:

MR. PRESIDENT, I HAVE FILED A VOTING SENTIMENT WITH THE CLERK.

President then asks the Clerk to read the voting sentiment.

MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT MY VOTING SENTIMENT BE RECORDED IN THE JOURNAL AS REPORTED.

President then says “Without objection.”

51 Written Vote Explanation

Vote explanations are printed in the bound Journal provided the member obtains the floor and makes this request immediately following announcement of the results of the roll call vote and disposition of the matter.

MR. PRESIDENT, I REQUEST UNANIMOUS CONSENT THAT I BE PERMITTED TO FILE A WRITTEN VOTE EXPLANATION.*

This written vote explanation must be delivered to the Clerk of the Senate within three legislative days during session or, if less than three legislative days remain, with 72 hours after adjournment sine die.

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