Regular Session - January 28, 2014

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 28, 2014

11                     11:22 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID J. VALESKY, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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 1                P R O C E E D I N G S

 2                ACTING PRESIDENT VALESKY:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite with me the Pledge of 

 6   Allegiance.  

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT VALESKY:   In the 

10   absence of clergy, may we bow our heads in a 

11   moment of silence.

12                (Whereupon, the assemblage respected 

13   a moment of silence.)

14                ACTING PRESIDENT VALESKY:   The 

15   reading of the Journal.  

16                The Secretary will read.

17                THE SECRETARY:   In Senate, Monday, 

18   January 27th, the Senate met pursuant to 

19   adjournment.  The Journal of Saturday, 

20   January 25th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT VALESKY:   Without 

23   objection, the Journal stands approved as read.

24                Presentation of petitions.

25                Messages from the Assembly.


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 1                Messages from the Governor.  

 2                Reports of standing committees.

 3                Reports of select committees.  

 4                Communications and reports from 

 5   state officers.

 6                Motions and resolutions.

 7                Senator Libous.  

 8                SENATOR LIBOUS:   Thank you, 

 9   Mr. President.  

10                I'd like to at this time move the 

11   Resolution Calendar, with the exception of 

12   Resolution Number 3253, by Senator Kennedy.

13                ACTING PRESIDENT VALESKY:   All in 

14   favor of adopting the Resolution Calendar, with 

15   the exception of Resolution 3253, signify by 

16   saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT VALESKY:   Opposed, 

19   nay.

20                (No response.)

21                ACTING PRESIDENT VALESKY:   The 

22   Resolution Calendar is adopted.

23                Senator Libous.

24                SENATOR LIBOUS:   Thank you, 

25   Mr. President.  


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 1                At this time could you call on 

 2   Senator Kennedy, Resolution 3253, read its title 

 3   only, and Senator Kennedy would like to speak on 

 4   it.

 5                ACTING PRESIDENT VALESKY:   The 

 6   Secretary will read the title of Resolution 

 7   3253.  

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 3253, by Senator Kennedy, 

10   honoring St. Francis High School graduates Tom 

11   Telesco and Dave Caldwell on their distinguished 

12   service to the National Football League.

13                ACTING PRESIDENT VALESKY:   Senator 

14   Kennedy on the resolution.

15                SENATOR KENNEDY:   Thank you, 

16   Mr. President.  

17                As the nation's eyes turn toward 

18   New York in the lead-up to this year's Super Bowl 

19   at MetLife Stadium, I rise to honor two Western 

20   New Yorkers who have worked their way to the top 

21   of their respective NFL franchises.  

22                Tom Telesco, a 1992 graduate of 

23   St. Francis High School, was introduced last 

24   season as the general manager of the San Diego 

25   Chargers, while Dave Caldwell, from St. Francis's 


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 1   Class of 1991, was hired as the general manager 

 2   of the Jacksonville Jaguars.  The future is 

 3   bright for these men and the franchises they 

 4   lead.  

 5                After Tom graduated high school, he 

 6   went on to John Carroll University, where he 

 7   joined the football team as a wide receiver.  He 

 8   spent his summers interning for my hometown team, 

 9   and everyone's only New York State team, the 

10   Buffalo Bills.  

11                Soon after Tom graduated, he joined 

12   the Indianapolis Colts as a scout, eventually 

13   working his way up the ladder with the Colts, 

14   highlighted by a 2006 Super Bowl victory.  

15                In 2013, he was finally handed the 

16   reins to a team when he joined the Chargers.  His 

17   success has been quick; this year the Chargers 

18   reached the AFC Division round of the playoffs.  

19                Dave Caldwell also attended John 

20   Carroll University, where he played as outside 

21   linebacker before graduating in 1996.  Very soon 

22   after, he joined the Carolina Panthers as a 

23   scouting assistant.  Later he joined Tom in the 

24   Colts organization and eventually moved on to the 

25   Atlanta Falcons, where he became the director of 


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 1   player personnel.  

 2                His hard work was rewarded when he 

 3   joined the Jaguars, a team in the midst of a 

 4   turnaround, much like our beloved Bills.  

 5                Dave and Tom both attribute their 

 6   success to their football coaches back in 

 7   Buffalo, Jerry Smith and John Scibetta, and also 

 8   to Bill Polian and his family, who have had a 

 9   major influence on Buffalo football.  

10                I speak for everyone in Buffalo when 

11   I say how proud we are to be turning out such 

12   high-caliber talent that it's being recognized 

13   across the National Football League.  I predict 

14   great things in the years ahead for both Tom and 

15   Dave and the franchises they lead, and I believe 

16   they're going to take their teams, the Chargers 

17   and Jaguars, to even greater heights in 2014, 

18   only to be knocked out in next year's playoffs by 

19   our Bills, the Super Bowl XLIX victors.  

20                I don't know what's so funny about 

21   that.  

22                We wish Dave and Tom the best of 

23   luck as we work to strengthen the teams 

24   throughout the NFL, and we commend their 

25   leadership and hard work for their coaches and 


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 1   teachers in Western New York who have helped 

 2   support them along the way.  

 3                Football is a proud tradition in 

 4   Western New York and in Buffalo and across 

 5   New York State.  These two men epitomize that 

 6   tradition.  We congratulate them and their 

 7   families.  

 8                Thank you, Mr. President.  

 9                ACTING PRESIDENT VALESKY:   Thank 

10   you, Senator Kennedy.  

11                The question is on Resolution 3253.  

12   All in favor signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT VALESKY:   Opposed, 

15   nay. 

16                (No response.)

17                ACTING PRESIDENT VALESKY:   The 

18   resolution is adopted.

19                Senator Libous.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.  Can we move to the reading of the 

22   noncontroversial calendar.

23                ACTING PRESIDENT VALESKY:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 1, 


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 1   by Senator Skelos, Senate Print --

 2                SENATOR LIBOUS:   Lay the bill aside 

 3   for the day.

 4                ACTING PRESIDENT VALESKY:   The bill 

 5   is laid aside for the day.

 6                THE SECRETARY:   Calendar Number 25, 

 7   by Senator Marcellino, Senate Print 3616, an act 

 8   to amend the Alcoholic Beverage Control Law.

 9                ACTING PRESIDENT VALESKY:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 120th day.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 50.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 32, 

20   by Senator Larkin, Senate Print 284, an act to 

21   amend the General Business Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect on the 180th day.


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 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 50.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 34, 

 8   by Senator Zeldin, Senate Print 6290, an act to 

 9   amend the General Business Law.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 50.

18                ACTING PRESIDENT VALESKY:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 54, 

21   by Senator Golden, Senate Print 6346, an act to 

22   amend the Penal Law.

23                ACTING PRESIDENT VALESKY:   Read the 

24   last section.

25                THE SECRETARY:   Section 5.  This 


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 1   act shall take effect on the same date and in the 

 2   same manner as a chapter of the Laws of 2013.

 3                ACTING PRESIDENT VALESKY:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 50.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 60, 

10   by Senator Klein, Senate Print 6438, an act 

11   prohibiting.

12                SENATOR RIVERA:   Lay it aside.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is laid aside.

15                Senator Libous, that completes the 

16   noncontroversial reading of the calendar.

17                SENATOR LIBOUS:   So I guess we'll 

18   have the reading of the controversial calendar.

19                ACTING PRESIDENT VALESKY:   The 

20   Secretary will ring the bells and place Calendar 

21   Number 60 before the Senate, controversial.  

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 60, 

24   by Senator Klein, Senate Print 6438, an act 

25   prohibiting.


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 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Rivera.

 3                SENATOR RIVERA:   Thank you, 

 4   Mr. President.  

 5                Through you, would the sponsor yield 

 6   for a few questions?  

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Klein, do you yield?  

 9                SENATOR KLEIN:   Yes, Mr. President.

10                ACTING PRESIDENT VALESKY:   The 

11   sponsor yields.

12                SENATOR RIVERA:   Thank you, 

13   Mr. President.  

14                Through you, Mr. President, how 

15   would the ban actually work?  Functionally 

16   speaking, how would the funding ban work 

17   exactly?  

18                SENATOR KLEIN:   Sure.  This bill 

19   would prevent colleges and universities in 

20   New York State from using state funds, just state 

21   funds, to support any entity that boycotts a 

22   New York State Board of Regents-chartered 

23   academic institution or a foreign country that 

24   hosts it.  

25                This bill is intentionally narrowly 


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 1   tailored to include only those universities that 

 2   are state-chartered.  They are American 

 3   University of Beirut, Lebanese American 

 4   University, Bar-llan University in Israel, 

 5   Sackler School of Medicine in Israel, the Center 

 6   for Economic Research in the Czech Republic, and 

 7   Central European University in Hungary.

 8                SENATOR RIVERA:   Through you, 

 9   Mr. President, if the sponsor would continue to 

10   yield.

11                ACTING PRESIDENT VALESKY:   Senator 

12   Klein, do you yield?

13                SENATOR KLEIN:   Yes, Mr. President.

14                ACTING PRESIDENT VALESKY:   The 

15   sponsor yields.

16                SENATOR RIVERA:   Thank you, 

17   Mr. President.

18                So if I understand this correctly -- 

19   and I certainly thank you for listing out the 

20   universities, the academic institutions that it's 

21   meant to not impact but on whose behalf, for lack 

22   of a better term, the bill is being put forward.  

23                But as it relates to, let's say, a 

24   faculty member in any state institution that is 

25   either a member of the organization of American 


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 1   studies, as an example, American Studies 

 2   Association, or is traveling or presenting 

 3   scholarly work at any conference that is being 

 4   hosted or organized by an organization such as 

 5   ASA, how would the ban work as it relates to that 

 6   faculty member?  

 7                SENATOR KLEIN:   Sure.  Let me just 

 8   back up for a minute.  

 9                I guess my colleagues, I think most 

10   of you probably know, it was reported extensively 

11   in the news, that the American Studies 

12   Association, which is an association that's 

13   affiliated with colleges all over the 

14   United States, has voted to boycott all colleges 

15   and universities in the country of Israel due to 

16   the association's political beliefs.  

17                They turned around and made 

18   themselves, I guess, more important than the 

19   State Department by deciding that somehow Israel 

20   does not deserve educational freedom.  They don't 

21   deserve the ability for people from around the 

22   world to go to Israel to learn in Israel because 

23   they claim that Israel is undemocratic and is 

24   running a terrorist regime.  Certainly a 

25   statement which is reprehensible and 


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 1   anti-Israel.  

 2                So clearly this legislation is 

 3   narrowly tailored to punish them by not allowing 

 4   them to use any state funds for the American 

 5   Studies Association or any other association that 

 6   is going to dictate worldwide politics.

 7                You know, I think it's worth 

 8   mentioning that they are not taking this 

 9   position, the American Studies Association, 

10   against nations that are on the State 

11   Department's watch list for aiding and abetting 

12   terrorism, like North Korea, Sudan, Iran.  

13                So again, for them to turn around 

14   and single out Israel for this boycott I think 

15   deserves action by the State of New York, and 

16   thus the legislation that I have before us today.

17                ACTING PRESIDENT VALESKY:   Senator 

18   Rivera.

19                SENATOR RIVERA:   Through you, 

20   Mr. President, if the sponsor would continue to 

21   yield.

22                ACTING PRESIDENT VALESKY:   Senator 

23   Klein, do you continue to yield?  

24                SENATOR KLEIN:   Yes, Mr. President.

25                ACTING PRESIDENT VALESKY:   The 


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 1   sponsor yields.

 2                SENATOR RIVERA:   Through you, 

 3   Mr. President.  

 4                So let me present a hypothetical and 

 5   you tell me if I'm correct in understanding how 

 6   the ban would work.  Faculty Member A, so 

 7   Professor Smith, teaches at a state university.  

 8   He or she wants to present a paper on state 

 9   budgeting that is going to -- he or she wants to 

10   discuss a paper on budgeting in a conference 

11   that's going to be held today in Chicago on state 

12   budgeting that is going to be sponsored by ASA.  

13                Under normal circumstances, this 

14   professor would go to his or her university, as 

15   part of the responsibility of that university is 

16   to sponsor this professor on their endeavor to 

17   become tenured, to produce scholarship.  So he or 

18   she would then under normal circumstances go to 

19   their university and say, I'm going to Chicago 

20   for a conference, as I do for a lot of other 

21   things, so I would be sponsored to pay for my 

22   flight and room and board, et cetera.  

23                So in this circumstance, 

24   Professor Smith would be unable to ask his 

25   university to sponsor a trip to Chicago on a 


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 1   conference on state budgeting sponsored by ASA 

 2   because of this particular bill.  Would that be a 

 3   correct assumption?  

 4                SENATOR KLEIN:   Through you, 

 5   Mr. President, that's correct, as far as if 

 6   they're using state money for the American 

 7   Studies Association for that trip.  

 8                It does not ban the university 

 9   that's a member of the American Studies 

10   Association to use private funding for that same 

11   trip.  

12                Again, I mean this is created, just 

13   to follow up, a sort of an outcry among 

14   universities.  Many universities not only 

15   condemned the action of the American Studies 

16   Association, but pulled out.  Columbia 

17   University, Harvard, other great universities 

18   around the country decided over this to pull 

19   their membership of the American Studies 

20   Association.

21                So again, while it doesn't prevent 

22   this university, in the example you set, from 

23   using private funds, it would prevent them from 

24   using state funds to sponsor that trip, yes.

25                SENATOR RIVERA:   Through you, 


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 1   Mr. President, if the sponsor would continue to 

 2   yield.

 3                ACTING PRESIDENT VALESKY:   Senator 

 4   Klein, do you yield?  

 5                SENATOR KLEIN:   Yes, Mr. President.

 6                ACTING PRESIDENT VALESKY:   The 

 7   sponsor continues to yield.

 8                SENATOR RIVERA:   Thank you, 

 9   Mr. President.

10                So to narrow it down even a little 

11   bit further, so if this said university had no 

12   private funds to speak of to sponsor academic 

13   activities by their faculty, then Professor Smith 

14   would not be able to travel to Chicago in that 

15   instance that I --

16                SENATOR KLEIN:   If they're planning 

17   on using state money, correct.

18                SENATOR RIVERA:   On the bill, 

19   Mr. President.

20                ACTING PRESIDENT VALESKY:   Senator 

21   Rivera on the bill.

22                SENATOR RIVERA:   Thank you, 

23   Mr. President.

24                I want to thank the sponsor for 

25   giving me a few minutes to talk about this bill.


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 1                Now, let me be clear about a few 

 2   things.  Obviously the actions -- there is a 

 3   purpose, and as the sponsor stated, it is a very 

 4   narrowly tailored bill that is aimed at a 

 5   particular organization and some of the actions 

 6   that they have taken as an organization.  

 7                While I may disagree with the 

 8   actions that this organization has taken as it 

 9   relates to Israel in that particular case, I 

10   think that this bill is much more broad than 

11   that, and it is why I must oppose it.  

12                In the case of -- for our professors 

13   in our academic institutions -- and I'm actually 

14   an educator myself.  I came originally to 

15   New York in 1998 to do a Ph.D. in political 

16   science, found politics, and I have not gone back 

17   since.  But, you know, my dad insists that I 

18   should, and I will eventually go back.  

19   Technically I'm a Ph.D. student at the CUNY 

20   Graduate Center in the city, and I still teach to 

21   this day.

22                Some of my colleagues, when they're 

23   seeking tenure, tenure requires scholarship.  

24   That scholarship requires academic freedom.  And 

25   in this case what we're saying is certainly it is 


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 1   an action narrowly tailored to protest, for lack 

 2   of a better term, from the state's perspective, 

 3   the actions of one particular institution.

 4                The issue that I have with this is 

 5   that regardless of what that institution -- in 

 6   this case, ASA -- has done, what we are saying is 

 7   that we are as a state taking a position on what 

 8   is right or not right to say.  Not to get too 

 9   wordy, but to paraphrase Voltaire, I might hate 

10   what you say but I'll defend your right to say it 

11   with my life.

12                So in this case what we're saying 

13   here is that it would affect not only ASA but it 

14   could potentially impact a professor or another 

15   academic institution that might not even agree 

16   with the actions of ASA.  

17                If an organization sponsors strictly 

18   work on a particular -- you know, in the case of 

19   ASA, let's say that they sponsor academic 

20   conferences and such that are strictly on the 

21   issue of Israel, then certainly.  

22                But if they do scholarship on other 

23   issues -- if they do on state budgeting, on 

24   environmental conservation, on labor issues -- 

25   and if there is a professor or a faculty member 


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 1   that wants to actually go and participate in 

 2   something that that organization has sponsored 

 3   that has nothing to do with a position that they 

 4   have taken on another issue, then you are 

 5   impacting the ability of that particular 

 6   professor and, in the case of the academic 

 7   institution that might sponsor him or her to go 

 8   to this conference, you are limiting their 

 9   ability to be able to practice their scholarship 

10   and you're indeed, in that case, limiting their 

11   academic freedom.

12                So I would say that it is not -- 

13   this bill, unfortunately, I think discourages 

14   scholarship.  And I don't believe that government 

15   should be in the business of sanctioning speech.  

16                Now, whether we agree with the 

17   actions of ASA or not, we can certainly make all 

18   sorts of statements -- and I will say that 

19   certainly as a private institution, whether they 

20   have made the wrong decision or not by trying to 

21   limit the ability of their members to participate 

22   with academic institutions from Israel, it is not 

23   in the business or it should not be in the 

24   business of the state to say that we are going to 

25   limit the amount of funding that we're going to 


                                                               244

 1   provide to an academic institution because we 

 2   disagree with the actions of, in this case, of 

 3   something like ASA.  

 4                So unfortunately, although I 

 5   certainly understand where it's coming from, I 

 6   think that it is not narrowly tailored enough and 

 7   unfortunately I think might discourage -- it 

 8   opens up a door that I believe we should not open 

 9   as it relates to scholarly work in the State of 

10   New York.  So unfortunately I will have to vote 

11   in the negative.  

12                Thank you, Mr. President.

13                ACTING PRESIDENT VALESKY:   Thank 

14   you, Senator Rivera.

15                Are there any other Senators who 

16   wish to be heard on the bill?  

17                Seeing none, the debate is closed.  

18                The Secretary will ring the bells.  

19   Senators are asked to proceed to the chamber 

20   immediately so we may move forward with the 

21   roll call.

22                SENATOR LIBOUS:   Mr. President, 

23   while we're waiting for members to come to the 

24   chamber, I just want to remind members that are 

25   attending committees meetings or budget hearing 


                                                               245

 1   meetings today that you have until 5 p.m. to 

 2   register your vote on a noncontroversial bill.  

 3   And if you would let the folks at the desk know, 

 4   there's a form that needs to be filled out.  

 5                So if your offices are listening and 

 6   you're not here and you're at a hearing, you have 

 7   until 5 p.m. to vote on a noncontroversial bill.  

 8   I'm sorry, and a controversial bill.

 9                ACTING PRESIDENT VALESKY:   Thank 

10   you, Senator Libous.  

11                Read the last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect on the 30th day.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT VALESKY:   Announce 

18   the results.

19                THE SECRETARY:   In relation to 

20   Calendar Number 60, those recorded in the 

21   negative are Senators Montgomery, Perkins, Rivera 

22   and Sanders.

23                Ayes, 51.  Nays, 4.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


                                                               246

 1                Senator Libous, that completes the 

 2   controversial reading of the calendar.

 3                SENATOR LIBOUS:   Mr. President, is 

 4   there any further business at the desk?  

 5                ACTING PRESIDENT VALESKY:   The desk 

 6   is clear.

 7                SENATOR LIBOUS:   The desk is 

 8   clear.  

 9                There being no further business at 

10   the desk, I move that the Senate adjourn until 

11   Monday, February 3rd, the day after the Denver 

12   Broncos win the Super Bowl, intervening days 

13   being legislative days.

14                (Laughter.)

15                ACTING PRESIDENT VALESKY:   On 

16   motion, the Senate stands adjourned until Monday, 

17   February 3rd, at 3:00 p.m., 3:00 p.m., Monday, 

18   February 3rd, intervening days being legislative 

19   days.

20                (Whereupon, at 11:45 a.m., the 

21   Senate adjourned.)

22

23

24

25