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Oct 9, 2019

Senate Votes Against Motion, but “Money Motions Cannot be Defeated by the Senate”

At the end of the debate, a division was called by Senator Chebat to document the vote of each senator.  As we said, seven of the thirteen voted against the write-off.  While the Senate did not approve the write-off, Attorney General Michael Peyrefitte says that money motions cannot be defeated by the Senate. As we understand it, under the Finance Orders, once the House approves a motion of write off, it stands. In other words, although the Senate voted no, the House approval is all that is required. In fact, it appears it was an oversight by the government that landed the motion in the Senate.

 

Michael Peyrefitte, U.D.P. Senator

“It moves forward.  The money bills and the money motions cannot be defeated by the Senate.”

 

Michael Peyrefitte

Hipolito Novelo

“One would argue what would be the point of them brining the motion here if that is the case.”

 

Michael Peyrefitte

“All motions and all bills that pass through the house must come to the Senate.”

 

Hipolito Novelo

“So it is procedural basically?”

 

Michael Peyrefitte

“But the constitution says that any money motion or money bill that goes to the Senate even if the senate rejects it, it passes through in any event. If it was not a money bill then there is a month delay. But the reasoning behind that is that the constitution makes it very clear thirteen people who are appointed cannot override thirty people who are elected. It just doesn’t make sense so I don’t know if people thought that it was otherwise but it was just a simple check of the law that would tell you even if a money motion is defeated in the Senate it still goes through once it was passed in the House.”


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