Concurred in.
Senator Kedzie, with unanimous consent, asked that all action be immediately messaged to the Assembly.
Messaged.
Assembly Bill 414
Relating to: smoking in restaurants and bowling centers and the regulation of smoking by counties, cities, villages, and towns.
Read a second time.
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Senator Lasee in the chair.
Senate amendment 1 to Senate substitute amendment 1 to Assembly Bill 414 offered by Senator Erpenbach.
The question was: Adoption of Senate amendment 1 to Senate substitute amendment 1 to Assembly Bill 414?
Adopted.
Senate amendment 2 to Senate substitute amendment 1 to Assembly Bill 414 offered by Senator Roessler.
Senator S. Fitzgerald raised the point of order that Senate substitute amendment 1 was not germane.
Senator Carpenter moved that Assembly Bill 414 be referred to the committee on Health, Children, Families, Aging and Long Term Care.
The question was: Shall Assembly Bill
414 be referred to the committee on Health, Children, Families, Aging and Long Term Care?
The ayes and noes were required and the vote was: ayes, 12; noes, 18; absent or not voting, 3; as follows:
Ayes - Senators Brown, Carpenter, Cowles, Darling, Ellis, Hansen, Jauch, Miller, Risser, Robson, Roessler and Wirch - 12.
Noes - Senators Breske, Decker, Erpenbach, S. Fitzgerald, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Olsen, Plale, Reynolds, Schultz, Stepp and Taylor - 18.
Absent or not voting - Senators Coggs, Grothman and Zien - 3.
Referral refused.
The Chair ruled the point of order well taken.
Senator S. Fitzgerald raised the point of order that Senate substitute amendment 2 was not germane.
The Chair ruled the point of order well taken.
Senate amendment 1 to Assembly Bill 414 offered by Senator S. Fitzgerald.
Senator Schultz, with unanimous consent, asked that Senate Joint Resolution 85 be withdrawn from the committee on Senate Organization and taken up.
Senate Joint Resolution 85
Relating to: commending Senator Fred Risser upon becoming the longest-serving state legislator in the United States of America.
Read.
Adopted.
Senator Schultz, with unanimous consent, asked that the Senate recess.
3:15 P.M.
__________________
4:29 P.M.
The Senate reconvened.
Senator Lasee in the chair.
Assembly Bill 414
Relating to: smoking in restaurants and bowling centers and the regulation of smoking by counties, cities, villages, and towns.
Senate amendment 1 to Senate amendment 1 to Assembly Bill 414 offered by Senator Brown.
The question was: Adoption of Senate amendment 1 to Senate amendment 1 to Assembly Bill 414?
Adopted.
Senator Carpenter moved indefinite postponement of Assembly Bill 414.
The question was: Shall Assembly Bill
414 be indefinitely postponed?
The ayes and noes were demanded and the vote was: ayes, 10; noes, 21; absent or not voting, 2; as follows:
Ayes - Senators Carpenter, Cowles, Ellis, Hansen, Jauch, Miller, Risser, Robson, Roessler and Wirch - 10.
Noes - Senators Breske, Brown, Darling, Decker, Erpenbach, S. Fitzgerald, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Olsen, Plale, Reynolds, Schultz, Stepp, Taylor and Zien - 21.
Absent or not voting - Senators Coggs and Grothman - 2.
Refused indefinite postponement.
The question was: Adoption of Senate amendment 1 to Assembly Bill 414?
The ayes and noes were demanded and the vote was: ayes, 23; noes, 8; absent or not voting, 2; as follows:
Ayes - Senators Breske, Brown, Darling, Decker, Ellis, Erpenbach, S. Fitzgerald, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lazich, Leibham, Miller, Olsen, Plale, Reynolds, Roessler, Schultz, Stepp, Taylor and Zien - 23.
Noes - Senators Carpenter, Cowles, Hansen, Jauch, Lassa, Risser, Robson and Wirch - 8.
Absent or not voting - Senators Coggs and Grothman - 2.
Adopted.
Ordered to a third reading.
Senator Kedzie, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 414
Relating to: smoking in restaurants and bowling centers and the regulation of smoking by counties, cities, villages, and towns.
Senator Risser moved nonconcurrence in Assembly Bill 414.
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The question was: Shall
Assembly Bill 414 be nonconcurred in?
The ayes and noes were required and the vote was: ayes, 17; noes, 14; absent or not voting, 2; as follows:
Ayes - Senators Carpenter, Cowles, Darling, Ellis, Hansen, Harsdorf, Jauch, Kapanke, Lassa, Miller, Olsen, Reynolds, Risser, Robson, Roessler, Taylor and Wirch - 17.
Noes - Senators Breske, Brown, Decker, Erpenbach, S. Fitzgerald, Kanavas, Kedzie, A. Lasee, Lazich, Leibham, Plale, Schultz, Stepp and Zien - 14.
Absent or not voting - Senators Coggs and Grothman - 2.
Nonconcurred in.
Assembly Bill 426
Relating to: the Specialized Transportation Assistance Program.
Read a second time.
Ordered to a third reading.
Senator Kedzie, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 426
Read a third time and concurred in.
Assembly Bill 461
Relating to: requiring legislative approval to locate a gaming establishment on certain lands taken into trust for the benefit of Indian tribes.
Read a second time.
Senator Kedzie, with unanimous consent, asked that Assembly Bill 461 be placed at the foot of the calendar of May 3, 2006.
Assembly Bill 538
Relating to: setoffs against tax refunds for debts related to property taxes.
Read a second time.
Senator Kedzie, with unanimous consent, asked that Assembly Bill 538 be referred to the joint committee on Finance.
Senator Kedzie, with unanimous consent, asked that the rules be suspended and that Assembly Bill
538 be withdrawn from the joint committee on Finance and taken up at this time.
Ordered to a third reading.
Senator Kedzie, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 538
Read a third time.
The ayes and noes were required and the vote was: ayes, 30; noes, 1; absent or not voting, 2; as follows:
Ayes - Senators Breske, Brown, Carpenter, Cowles, Darling, Decker, Ellis, Erpenbach, S. Fitzgerald, Hansen, Harsdorf, Jauch, Kanavas, Kapanke, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Miller, Olsen, Plale, Risser, Robson, Roessler, Schultz, Stepp, Taylor, Wirch and Zien - 30.
Noes - Senator Reynolds - 1.
Absent or not voting - Senators Coggs and Grothman - 2.
Concurred in.
