[Congressional Record (Bound Edition), Volume 159 (2013), Part 4]
[SEN]
[Page 5859]
[From the U.S. Government Publishing Office, www.gpo.gov]




          MARKETPLACE FAIRNESS ACT OF 2013--MOTION TO PROCEED

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of the motion to proceed to S. 743, which the 
clerk will report.
  The legislative clerk read as follows:

       A bill (S. 743) to restore States' sovereign rights to 
     enforce State and local sales and use tax laws, and for other 
     purposes.

  The PRESIDING OFFICER. Under the previous order, the question is on 
the adoption of the motion to proceed to S. 743.
  Mrs. SHAHEEN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Cowan), the Senator from New Jersey (Mr. Lautenberg), and the Senator 
from Massachusetts (Ms. Warren) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 74, nays 23, as follows:

                      [Rollcall Vote No. 110 Leg.]

                                YEAS--74

     Alexander
     Baldwin
     Barrasso
     Begich
     Bennet
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Cochran
     Collins
     Coons
     Corker
     Crapo
     Donnelly
     Durbin
     Enzi
     Feinstein
     Fischer
     Flake
     Franken
     Gillibrand
     Graham
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Hoeven
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kaine
     King
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     McCain
     McCaskill
     Menendez
     Mikulski
     Moran
     Murphy
     Murray
     Nelson
     Portman
     Pryor
     Reed
     Reid
     Risch
     Rockefeller
     Sanders
     Schatz
     Schumer
     Sessions
     Shelby
     Stabenow
     Thune
     Udall (CO)
     Udall (NM)
     Warner
     Whitehouse
     Wicker

                                NAYS--23

     Ayotte
     Baucus
     Coburn
     Cornyn
     Cruz
     Grassley
     Hatch
     Heller
     Inhofe
     Kirk
     Lee
     McConnell
     Merkley
     Murkowski
     Paul
     Roberts
     Rubio
     Scott
     Shaheen
     Tester
     Toomey
     Vitter
     Wyden

                             NOT VOTING--3

     Cowan
     Lautenberg
     Warren
  The motion was agreed to.


                             Change of Vote

  Mr. PAUL. On rollcall vote No. 110, I voted ``aye.'' It was my 
intention to vote ``nay.'' Therefore, I ask unanimous consent that I be 
permitted to change my vote since it will not affect the outcome.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  (The foregoing tally has been changed to reflect the above order.)


                            Vote Explanation

 Mr. COWAN. Madam President, I was necessarily absent from 
votes during today's session. Had I been present for the votes, I would 
have supported the nominations of Jane Kelly, of Iowa, to be United 
States Circuit Judge for the Eighth Circuit and Sylvia Mathews Burwell, 
of West Virginia, to be Director of the Office of Management and 
Budget. I would have also supported the motion to proceed to S. 743, 
the Marketplace Fairness Act.

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