SENATE RESOLUTION NO. 3
(By Senator Chafin)
Adopting rules of the Senate.
Resolved by the Senate:
That the rules of the Senate be adopted as follows and shall
govern the proceedings of the Senate during the seventy-sixth
Legislature, subject to amendment as provided in the rules:
RULES OF THE SENATE
1.A majority of the members elected to the Senate shall
constitute a quorum and a quorum shall be necessary to proceed to
business, but two members may adjourn, and three members may order
a call of the Senate, send for absentees and make any order for
their censure or discharge. On a call of the Senate, the doors
shall not be closed against any member until his or her name shall
have been twice called.
2.In case a less number than a quorum of the Senate shall
convene, the members present are hereby authorized to send the
Sergeant at Arms, or any other person or persons by them
authorized, for any and all absent members as the majority of such
members shall agree, at the expense of such absent members,
respectively, unless such excuse for nonattendance shall be made as
the Senate, when a quorum is convened, shall judge sufficient; and, in that case, the expense shall be paid out of the contingent fund
of the Senate. This rule shall apply, as well to the first meeting
of the Senate at the legal time of meeting, as to each day of the
session, after the hour has arrived to which the Senate stood
3.The Senate, at the commencement of each new Legislature,
shall elect as its officers a President, Clerk, Sergeant at Arms
and Doorkeeper. The vote of a majority of all the members elected
to the Senate shall be necessary for the election of these officers
and the vote shall be by voice vote and be entered upon the
4.The President of the Senate shall appoint a President pro
Tempore, who, during the absence of the President, shall preside
and perform all the duties of the President.
5.The President may call a member to the chair who shall
perform the duties of the chair until the President returns to the
chair, but no member by virtue of such appointment shall preside
for a longer period than three consecutive legislative days.
6.The Clerk of the Senate shall not allow any records or
papers to be taken from the table or out of his or her custody
except by a chairperson of a committee to which they may have been
referred and then only upon a proper receipt therefor and except as
required by these rules or by the Joint Rules of the Senate and House of Delegates.
ORDER OF BUSINESS AND PROCEDURE
7.The order of business of the Senate shall be:
1. To read, correct and approve the Journal.
Introduction of guests.
To dispose of communications from the House of
Delegates and the Executive.
4.To receive reports from standing committees.
5.To receive reports from select committees.
6.To receive bills, resolutions, motions and petitions.
7.To act upon unfinished business of the preceding day
and resolutions lying over from the previous day,
and no resolution shall lose its place on the
calendar by not being acted upon on the day
following that on which it was offered.
8.Senate and House Bills on third reading.
9.Senate and House Bills on second reading.
10.Senate and House Bills on first reading.
11.Introduction of guests.
12.Remarks by Members of the Senate.
8.Every member desiring to speak shall stand in his or her
own place, address the President and, upon being recognized, shall
proceed, confining oneself to the question under debate, avoiding all indecorous or disrespectful language. The President may
recognize the member by name; but no member in debate or remarks
shall designate another by name.
9.If the question in debate contains several points, any
member may have the same divided. On motion to strike out and
insert, it shall not be in order to move for a division of the
10.The rejection of a motion to strike out and insert one
proposition shall not prevent a motion to strike out and insert a
different proposition and shall not prevent a subsequent motion to
simply strike out. The rejection of a motion simply to strike out
shall not prevent a subsequent motion to strike out and insert.
11.No question shall be debated until it has been propounded
by the President. The President, after calling a member to assume
the chair, the mover of the question, the chairperson of the
committee that reported the matter or the sponsor of the bill or
resolution, in that order of preference, shall have the right to
explain his or her views in preference to any other member.
12.No member shall speak more than twice upon the same
question without leave of the Senate or more than once until every
member choosing to speak shall have spoken, except that the mover
of the question shall have the right to close the debate thereon.
13.While the President is putting the question, any member
who has not spoken before to the matter may speak to the question before the negative is put.
BILLS AND RESOLUTIONS
14.No Senate bill, other than a Senate supplementary
appropriation bill, and no Senate joint resolution shall be
introduced in the Senate after the forty-first day of a regular
session unless permission to introduce the bill or the joint
resolution be given by a Senate resolution, setting out the title
to the bill or the joint resolution and adopted by a two-thirds
vote of the Senate members present. When permission is requested
to introduce a bill or joint resolution under the provisions of
this rule, quadruplicate copies of the bill or the joint resolution
shall accompany the resolution when introduced.
A standing committee of the Senate may originate a bill or
resolution and report the same after the forty-first day.
The forty-first day of the regular session held in the year one
thousand nine hundred seventy-seven and every fourth year
thereafter shall be computed from and include the second Wednesday
of February of such years.
15.Each bill or resolution for introduction shall be
presented in quadruplicate, bearing the name of the member or
members by whom it is to be introduced, and shall be filed with the
Clerk not later than twelve o'clock meridian on the legislative day
next preceding its introduction: Provided, That the pre-filing
requirement shall not apply to the first day of any session of the Legislature. A bill may be introduced by request. All bills
introduced by request shall bear the words "by request", following
the designation of the name or names of the bill sponsor or
The Clerk shall designate one copy of a bill or resolution the
official copy and it shall constitute the official bill or
resolution for use of committees and for the permanent files of the
Senate. One copy shall be used for printing and copying, one for
the use of the news media and one for the Clerk's general office
Each bill or resolution shall be numbered, edited and
corrected as to form by the Clerk and reported by the Clerk to the
Senate on the next legislative day, under the sixth order of
business. In case of urgency, on motion for leave agreed to by a
majority of the members present, a member may introduce a bill or
resolution from the floor.
15a.Prior to final consideration, by any committee, in the
Senate, of any bill which either increases or decreases the revenue
or fiscal liability of the State or any county, municipality or
other subdivision of the State or in any manner changes or modifies
any existing tax or rate of taxation, such bill shall have attached
thereto a fiscal note, if available, which "fiscal note" shall
conform to the requirements as to form and content prescribed by
the "Fiscal Note Manual", prepared and adopted by the Committee on Rules to govern preparation of fiscal notes to bills introduced in
It shall be the responsibility of the legislator introducing
a bill to obtain such note when required. Such note shall be
attached to the bill when filed for introduction, if at all
possible, and shall accompany any bill requiring such note when the
same is reported from committee.
The jackets of all measures with fiscal notes attached or
requiring such notes shall have the words "Fiscal Note" or the
initials "FN" clearly stamped or endorsed thereon.
16.All concurrent and simple resolutions, when introduced,
shall lie on the table at least one day, and then be referred to
the appropriate committee unless the Senate directs otherwise by a
vote of a majority of the members present.
It is hereby declared to be the policy of the Senate that
concurrent resolutions be limited to the general purposes of
expressing the sentiments of the Legislature, for authorizing
expenditures incidental to the sessions and business of the
Legislature, for agreeing upon adjournments beyond the
constitutional limitation, for creating special joint committees,
for raising a joint assembly and other inferior and incidental
purposes of legislation, and such other purposes as the Legislature
may deem proper. The adoption of such resolutions must be
concurred in by both houses.
Concurrent resolutions shall be restricted to expressions of
sentiments and actions having a bearing upon matters incident to
legislative business and the functioning of the legislative process
insofar as possible.
Concurrent resolutions shall not embrace congratulatory
expressions to individuals, organizations, associations or other
entities having no relation to the Legislature or public affairs
generally, athletic events, scholastic contests, or any other
matter not related to the scope and areas of legislative business:
Provided, That this rule shall not bar the introduction of
resolutions memorializing deceased members of the Legislature and
public officials or commending or congratulating public officials
on actions in connection with governmental affairs.
Before any concurrent resolution is introduced, it shall be
submitted to the Clerk for determination of compliance with this
rule. If the Clerk determines that it is in compliance with this
rule, the concurrent resolution shall be introduced. If the Clerk
determines that it is not in compliance with this rule, or if the
Clerk is in doubt about its compliance, the Clerk shall submit it
to the Committee on Rules for this determination, and then the
concurrent resolution shall be introduced only if the Committee
determines that it is in compliance with this rule.
17.Unless otherwise directed by the Committee on Rules all
bills, resolutions or business originating in the Senate shall be considered at the appropriate order of business in the order in
which they are introduced, and all bills and resolutions received
from the House of Delegates shall be introduced in the order in
which they are received and shall be considered at the appropriate
order of business in their numerical order.
18.All bills and resolutions passed or adopted by and
reported from the House of Delegates shall be read by their titles
and referred to the appropriate committee unless the Senate directs
otherwise by a vote of a majority of the members present. They
shall then be proceeded with in the same manner as Senate bills or
resolutions. All bills and joint resolutions introduced shall be
read by their titles and referred to the appropriate committee
without printing and shall be treated in committee as resolutions
of inquiry. If the committee reports a bill or resolution
different, either by amendment or substitution, from the one
introduced, it shall be received and treated by the Senate as the
original bill or resolution. All Senate bills and joint
resolutions reported by a committee shall be printed, with the
proposed committee amendments printed on the foot thereof, and
shall be then read a first time, unless in any of the aforesaid
cases the Senate directs otherwise by a vote of a majority of the
18a.Any bill, resolution or business which does not follow the
procedures of Rule Nos. 17 and 18 shall remain in the possession of the Senate Rules Committee.
19.All bills shall be read on three different days, unless in
case of urgency, by a vote of four fifths of the members present,
taken by yeas and nays on each bill, this rule be dispensed with.
20.All engrossed bills shall be fully and distinctly read
when put upon their passage.
21.On each reading of the bill the Clerk shall state whether
it is the first, second or third reading of such bill, but no bill
shall be put upon its second reading until the same shall have been
printed and delivered to the members of the Senate at least one day
previous to such reading, unless the Senate directs otherwise by a
vote of a majority of the members present.
21a.Upon motion of any member, on any legislative day or the
day preceding, the Senate may, by a vote of two thirds of those
present, establish a period of time known as "Bill Reading Docket".
Such motion shall state each bill to be read, the time and
order for such bill reading docket to commence and to conclude, and
may provide for the adjournment or recess of the Senate for not
more than one legislative day, during which reading of the docket
no motion, except a motion to postpone the reading of the bills, by
two-thirds vote of those elected, shall be heard. A quorum shall
not be required during the reading of the docket. Any and all
members requesting that a bill be read shall be present at all
times in the Chamber during its reading.
All bills read on the bill reading docket shall be considered
as having been read fully and distinctly.
22.On the first reading of a bill, a motion to reject the
bill shall be in order.
23.If a committee shall have reported adversely to a bill,
the President immediately after the report of said committee is
read shall put the question, "Shall the bill be rejected?" which
question shall have precedence over all motions, except a motion to
24.A bill shall be amended only on second reading. When a
bill is being read for amendment, it shall be read section by
section on the demand of any two members. When the amendments
which may be moved shall be disposed of, the question shall be
taken on ordering a Senate bill to be engrossed and ordered to
third reading and on ordering a House bill to third reading. If a
Senate bill should be ordered to its engrossment and third reading
and amendments thereto have been made, the type from which the bill
was originally printed shall be changed to conform to the
amendments. The bill shall then be reprinted and shall be the
engrossed bill. If no amendments are made, the bill as originally
printed may be ordered to its third reading and shall become the
engrossed bill. All Senate bills so ordered shall be jacketed,
endorsed with their number, title, by whom introduced, and if the
bill is finally passed, the date of its passage and the signature of the Clerk. If a Senate bill should be passed by the House and
returned to the Senate without amendments, or if amended, and the
amendments should be agreed to, the bill shall be enrolled by the
Clerk and delivered to the Joint Committee on Enrolled Bills. In
the case of a House bill on second reading if the same be amended,
the amendment or amendments shall be noted in full in typewriting
on slips of paper and attached to the bill at the proper place by
the Clerk before the bill is returned to the House, and all
amendments shall appear in the Senate Journal.
25.When a bill or joint resolution is put upon its passage or
adoption, respectively, the President shall propound the question,
"Shall the bill pass?" or "Shall the resolution be adopted?" On the
passage or adoption, respectively, of every bill or joint
resolution, the vote shall be taken by yeas and nays. When the
bill or joint resolution is on second reading and the question is
upon striking out, the President shall propound the question,
"Shall these words be stricken out?"
26.When a Senate bill or Senate joint resolution passed by
the Senate shall be amended by the House of Delegates, the question
on agreeing to the bill or joint resolution, as amended, shall be
again voted on by yeas and nays in the Senate. In all such cases
the affirmative vote of a majority of all the members elected to
the Senate shall be necessary.
27.At the commencement of each Legislature, standing
committees shall be appointed, each committee to consist of the
number of members indicated in the parentheses following the naming
of the committee. The following committees shall be named:
1.On Agriculture (10).
On Banking and Insurance (13).
3.On Confirmations (9).
4.On Economic Development (15).
On Education (14).
6.On Energy, Industry and Mining (14).
7.On Finance (17).
8.On Government Organization (15).
9.On Health and Human Resources
10. On Interstate Cooperation (7); (the President of the
Senate is to be ex officio cochairperson).
11.On the Judiciary (16).
12.On Labor (10).
13.On Military (9).
14.On Natural Resources (14).
15.On Pensions (7).
16.On Rules (10); (the President of the Senate is to be
ex officio chairperson).
17.On Transportation (9).
28.All standing committees shall be appointed by the President. The President shall designate the chairperson of each
standing committee and may also designate a vice chairperson of any
standing committee when the President may deem it advisable.
The chairperson of each standing committee of the Senate shall
cause a record to be kept of every meeting of such committee,
wherein shall be entered:
(a) The time and place of each committee meeting and every
hearing had before the committee.
(b) The attendance of members of the committee at each meeting
(c) The name of any person appearing before the committee and
the interest represented by him or her.
(d) The vote of each member of the committee when a yea and
nay vote is taken.
Any member of such standing committee may cause a notation to
be made upon the record aforesaid of the reason for his or her
absence at any former meeting of the committee; and, in the absence
of any such explanatory note, the presumption shall be that his or
her absence was without reasonable cause.
The chairperson of each standing committee shall, upon
request, make the record of any yea and nay vote taken, in open or
executive session, available for public inspection no later than
the next legislative day after the close of the standing committee
meeting at which such yea and nay vote was taken.
The several standing committees shall have leave to report by
bill, resolution, or otherwise, any proposed legislation
originating therein, as well as to report back a committee
substitute for a Senate bill or resolution, or otherwise. A
committee substitute, with the consent of the original sponsor,
shall carry the name of the original sponsor. Reports of
committees shall be advisory only. All committees shall submit
their reports to the Senate in writing and the same shall be
printed in the Journal.
On the adjournment of each session of the Legislature, the
chairperson of the respective committees shall deliver to the Clerk
of the Senate the record book herein provided for, and it shall be
the duty of such Clerk to preserve the same among the archives of
his or her office.
29.The President shall refer bills and resolutions introduced
and such other matters as the President shall deem appropriate to
a standing committee.
30.Select committees shall consist of not less than three nor
more than five members, unless the Senate directs otherwise by a
vote of a majority of the members present.
31.The Committee on Rules shall examine the oaths taken by
each member and the evidence of their election and report to the
The Committee on Rules shall report in all cases of privileges and contested elections, the principles and reasons on which their
resolutions are founded.
The Committee on Rules shall see that all papers belonging to
the Clerk's Office are properly labeled and filed and that the
books belonging to the office are chronologically arranged.
32.All meetings of Senate standing committees, other than
executive sessions, shall be open to the public, and an executive
session may be held only upon a majority vote of the members
33.When the Senate shall resolve itself into the Committee of
the Whole, the President shall leave the chair and appoint a
chairperson to preside in the committee.
The Committee of the Whole shall consider and report on such
subjects as may be committed to it by the Senate. The rules of the
Senate shall be observed in the Committee of the Whole, so far as
they are applicable, except the rules limiting the number of times
speaking, concerning the previous question and taking the yeas and
nays. The proceedings in the Committee of the Whole shall not be
recorded on the Journal of the Senate, except so far as reported to
the Senate by the chairperson of the committee.
34.Any bill, resolution or business may, by a vote of the
majority of the members present, be withdrawn from the committee to
which it had been referred or be taken from the table, and placed
upon the calendar of the Senate in such order of business as the Senate may direct: Provided, That those bills, resolutions or
business referred to the Senate Rules Committee under authority of
Rule No. 17 may by a vote of two thirds of the members present be
withdrawn from the Senate Rules Committee.
DECORUM AND DEBATE
35.If a member be called to order for words spoken in debate,
the person calling the member to order shall repeat the words
excepted to, and they shall be taken down in writing at the Clerk's
table; and no member shall be held to answer, or be subject to the
censure of the Senate, for words spoken in debate if any other
member has spoken or other business has intervened after the words
spoken and before the exception to them was taken.
36.While the President is reporting or putting a question, no
one shall entertain private discourse or walk into, out of or
across the Senate Chamber.
37.No member or other person except the Clerk and the Clerk's
assistants shall visit or remain by the Clerk's table while the
yeas and nays are being taken.
38.During any debate, any Senator, though he or she has
spoken to the matter, may arise and speak to the orders of the
Senate, if they be transgressed, in case the President does not.
39.When a question is pending, no motion shall be received
2.To lay on the table.
3.For the previous question.
4.To postpone the question to a different day.
7.To postpone indefinitely.
These several motions shall have precedence in order in which
they are arranged.
40.The following motions shall be decided without debate, and
shall not be amended:
2.To fix the time to which the Senate shall adjourn.
3.To lay on the table.
4.For the previous question.
5.To suspend the constitutional rule requiring bills to
be read on three several days.
41.There shall be a motion for the previous question, which
being ordered by a majority of the members present, shall have the
effect to cut off all debate and bring the Senate to a direct vote
upon the immediate question or questions on which it has been asked
and ordered. The previous question may be asked and ordered upon
a single motion, a series of motions, or may be made to embrace all authorized motions or amendments and include the bill to its
engrossment and third reading and then, on renewal and second of
said motion, to its passage or rejection. It shall be in order,
pending a motion for, or after the previous question shall have
been ordered on its passage, for the President to entertain and
submit a motion to commit with or without instructions to a
standing or select committee. A motion to lay upon the table
pending a motion for the previous question shall be in order only
when the previous question has been moved on the second or third
reading of a bill.
A call of the Senate shall not be in order after the previous
question is ordered, unless it shall appear upon an actual count by
the President that a quorum is not present.
All incidental questions of order arising after a motion is
made for the previous question, and pending such motion, shall be
decided, whether on appeal or otherwise, without debate.
RECONSIDERATION OF VOTE
42.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
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 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.
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
44.The yeas and nays shall be taken on motions to dispense
with the constitutional rule requiring a bill to be fully and
distinctly read on three different days and on fixing the effective
date of an act of the Legislature; on agreeing to a joint
resolution proposing an amendment to the Constitution of the State;
on the passage of a bill notwithstanding the objections of the
Governor; on the passage of a supplementary appropriation bill; on
the passage of a Senate bill or Senate joint resolution amended by
the House; on all questions where a specific vote is required by
the Constitution, the Joint Rules of the Senate and House of
Delegates, or by these rules; on the passage of a bill; and on
quorum calls: Provided, That 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.
The result of all votes taken by yeas and nays shall be
entered on the Journal. When the yeas and nays are inserted on the
Journal, the result of the vote as to total yeas, nays and
absentees shall be recorded, with the names of the Senators voting
yea or nay, and those absent.
When the yeas and nays are ordered, or a call of the Senate is
directed, the names of the members shall be called in alphabetical
order; excepting, however, the name of the President, which shall
be called last.
After completion of a roll call vote, no member shall speak to
explain his or her vote. A member's vote explanation shall not be
printed in the daily Journal. A member may have his or her vote
explanation 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 and delivers his or her written vote explanation to
the Clerk within three legislative days during the session or, if
there are less than three legislative days remaining in the session, within seventy-two hours after adjournment sine die. The
Clerk shall note on the daily Journal for the day of the roll call
vote that the member has reserved the privilege of having his or
her vote explanation printed later in the bound Journal.
45.On all roll calls of the yeas and nays when the voting
machine is not used, and before the result is announced, the Clerk
shall at the request of any member read either the names of those
who voted yea or of those who voted nay, whichever is the smaller
number, and the names of those absent and not voting, if any, and
shall announce that all others voted either yea or nay, whichever
is the larger number. In the event of a tie vote, the Clerk shall
upon such request read the names of those who voted yea and the
names of those absent and not voting, if any, and shall announce
that all others voted nay. At that time any member shall have the
right to correct any mistake committed in enrolling his or her
name. The vote then shall be announced and the count entered on
45a.The voting machine may be used in taking the yeas and nays
on any question. It may also be used for quorum calls and for
determining the result when a division is demanded. When the
machine is used for calling the attendance roll, a member shall
indicate "present" by use of the green "yea" button.
When a vote is to be taken on the voting machine, the
President shall announce the question to be voted upon and direct the Clerk to prepare the machine. When the machine is ready for
voting, the President shall state, "The members will now vote."
After reasonable time has been given for all members to vote, the
President shall ask, "Have all members voted?" After a brief pause,
the President shall direct the Clerk to close the machine and
ascertain the result. The Clerk shall hand the record of the vote
to the President who shall promptly announce the result. Voting
shall be continuous and 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
While the members are voting and before the machine is closed,
the wall display boards shall continuously display the vote of each
member and the total pending vote.
Under no circumstance shall a member or nonmember vote on
behalf of another member.
All other rules governing voting and the taking of the yeas
and nays, insofar as applicable, shall apply to taking votes by
means of the voting machine.
46.The Clerk of the Senate may interchange messages with the
Clerk of the House of Delegates during sessions of the Senate and between the hours of adjournment and that of meeting on the
following legislative day.
47.Messages may be received in any stage of business except
when a question is being put by the President, while the yeas and
nays are being called by the Clerk or while the votes are being
48.When a bill or resolution of the House of Delegates is
passed or rejected by the Senate, the fact of its passage or
rejection, with the bill or resolution shall be communicated to the
House of Delegates.
49.The Journal of the Senate shall be daily drawn up by the
Clerk and shall be read, corrected and approved the succeeding day.
It shall be printed under the supervision of the Clerk and
delivered to the members without delay. After the printed Journal
has been approved and fully marked for corrections, the type from
which it was printed shall be changed in accordance therewith, and
from the type so corrected shall be printed the number of copies
required by law for the regular bound volumes of the Journal. In
addition thereto ten copies shall be printed on 6 x 9 heavy weight
bond paper with a certificate at the end thereof signed by the
President and Clerk of the Senate certifying that the same is the
Official Journal of the Senate. They shall be bound in flexible
binding and bear the imprint on the back, "Official Journal of the Senate of West Virginia", with designation of regular or
extraordinary session and the year. After being signed by the
proper officers, two of these copies shall be retained in the
office of the Clerk, one copy shall be lodged in the office of the
Governor, one with the Secretary of State, one with the Department
of Archives and History and one with the Clerk of the House of
ABSENCE OF MEMBERS
50.No member shall absent himself or herself from the service
of the Senate during its sittings without leave of the Senate,
except in case of his or her sickness or other unavoidable cause
which may prevent his or her attendance.
POWER OVER MEMBERS
51.No Senator shall be taken into custody by the Sergeant at
Arms on any question of complaint of breach of privilege until the
matter is examined by the Committee on Rules and reported to the
Senate, unless by order of the President of the Senate.
52.The Senate may punish its own members for disorderly
behavior, and with the concurrence of two thirds of the members
elected thereto, expel a member, but not twice for the same
POWER OVER OTHERS
53.The Senate may punish by imprisonment, any person not a
member, for disrespectful behavior in its presence; for obstructing any of its officers in the discharge of their duties, or for any
assault, threat or abuse of any member for words spoken in debate;
but such imprisonment shall not extend beyond the termination of
GUESTS AND PRIVILEGE OF THE FLOOR
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. The rear or east balcony
of the Senate Chamber shall be reserved for guests of the members
of the Senate, and admission thereto shall be by pass signed by the
President and the member seeking admission of the guest.
55.No person, not a member of the Senate, shall, while within
the Chamber when the Senate is in session, seek in any manner
whatsoever to influence the vote or opinion of any Senator on any
subject of legislative consideration, under penalty of disbarment
from the Chamber for the remainder of the legislative session. No
employee of the Senate shall, at any time, engage in such activity,
under penalty of immediate dismissal by the Committee on Rules.
56.Repealed by S. R. 16, February 1, 1978.
NOMINATIONS AND CONFIRMATIONS
57.Unless the Senate directs otherwise by a vote of a
majority of the members present, when nominations shall be made in
writing by the Governor to the Senate, a future day shall be
assigned for taking them into consideration and the nominations
shall be referred to the Committee on Confirmations.
When considering and acting on the nominations of the
Governor, the Senate shall be in open session. The voting on each
nomination shall be by yeas and nays. The result of Senate action
upon any nomination by the Governor shall be forthwith certified to
the Governor in a formal communication signed by the President and
attested by the Clerk.
DEFINING NEXT MEETING OF THE SENATE
57a.The phrase "next meeting of the Senate" contained in
article seven, section nine of the Constitution of West Virginia
means any time the full Senate is convened and includes, but is not
limited to, any regular session, any extraordinary session called
during any recess or adjournment of the Legislature, during any
impeachment proceeding or any time the Senate is convened pursuant
to section ten-a, article one, chapter four of the code of West
58.When an amendment to be proposed to the Constitution of
West Virginia is under consideration, the vote of a majority of the
members present shall be sufficient to decide an amendment thereto or any collateral or incidental questions. A proposed amendment to
the Constitution of West Virginia, to be adopted, must be agreed to
by a two-thirds vote of the members elected to the Senate.
59.When the Senate adjourns each day, it shall stand
adjourned to 2 o'clock P.M. the next day, unless the Senate directs
otherwise by a vote of a majority of the members present, and every
member shall keep his or her seat until the President leaves the
60.All propositions to amend these standing rules or any
order of the Senate shall be by resolution and be at once referred,
without debate, to the Committee on Rules and shall be reported
therefrom within seven legislative days. Any such resolution may
be adopted by a majority vote.
SUSPENSION OF RULES OR ORDER
61.No standing rule or order of the Senate shall be suspended
except by a vote of two thirds of all the members of the Senate
62.In all cases not provided for by these Rules of the Senate
or the Joint Rules of the Senate and House of Delegates, the Senate
shall be governed by Jefferson's Manual and Rules of the House of
Representatives of the United States Congress and practices thereunder.