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Senate Journal: Page 529: Wednesday, March 6, 2002

RULING ON SENATE FILE 2106

The Chair announced the following ruling with regard to the vote
on Senate File 2106:

Article III, Section 17 of the Constitution of the State of Iowa
provides in pertinent part that "No bill shall be passed unless by the
assent of a majority of all the members elected to each branch of the
general assembly." Due to the current vacancy in Senate District 10,
there are only forty-nine elected members in the Senate at this time.
The Chair therefore concluded that twenty-five senators now
constituted a majority of the members elected to the Senate, pursuant
to Article III, Section 17. Accordingly, the Chair ruled that Senate
File 2106, having received twenty-five votes, had received a
constitutional majority.

The following motion to reconsider, filed by Senator Sexton from
the floor, was out of order since Senator Sexton was not on the
prevailing side as required by Senate Rule 24:

MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2106
failed to pass the Senate on March 6, 2002.

Senator Schuerer withdrew the following motion to reconsider filed
by him from the floor:

MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2106
passed the Senate on March 6, 2002.

The Chair stated that the bill, having received a constitutional
majority, was declared to have passed the Senate and the title, as
amended, was agreed to.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate File 2144 be immediately messaged to the House.

Senator Iverson moved that Senate File 2106 be immediately
messaged to the House.



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