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Monday, February 3, 2025

4:02 PMRegular SessionALBANY, NEW YORK
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                                                               438

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 3, 2025

11                      4:02 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               439

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

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT PERSAUD:   Imam 

 9    Tahir Kukaj, of the Albanian Islamic Cultural 

10    Center in Staten Island, will deliver today's 

11    invocation.  

12                 Imam Kukaj.  

13                 IMAM KUKAJ:   In the name of God, 

14    most gracious, most merciful, we thank 

15    God Almighty for this beautiful gathering of 

16    ours, and we thank our host.

17                 In the Book of Genesis, God Almighty 

18    tells us the way He has created the sky and water 

19    and the planet and day and night.  Later on, He 

20    says that it was good.  And God saw that it was 

21    good.  

22                 Indeed, it's very good for me to 

23    come for the second time to offer my prayers and 

24    to offer my gratitude on behalf of Albanians and 

25    Kosovars that we celebrate today the 


                                                               440

 1    17th anniversary of Kosovo's independence.

 2                 God Almighty says "And let there be 

 3    light in the sky," so we differentiate the day 

 4    from the night.  Twenty-six years ago, with God's 

 5    mercy and with the United States and its allies' 

 6    interventions, the darkness that my people was 

 7    going through that the Serbian regime tried to 

 8    exterminate Albanians from Kosovo -- with God's 

 9    mercy and the intervention from the United States 

10    of America and its allies, the new day began in 

11    our country.

12                 We, as Albanians, we are grateful 

13    forever to this great nation.  And with God's 

14    mercy, the support of the United States for my 

15    country, our country, continues as this chamber 

16    and the State Assembly have recognized Kosovo's 

17    Independence Day.  This is our second, our second 

18    annual celebration.  Thank God Almighty.  Thanks 

19    to our wonderful leaders, Senator Jessica 

20    Scarcella-Spanton and my dear brother and friend 

21    and leader of Staten Island, State Assemblyman 

22    Charles Fall.  

23                 We ask God Almighty to bless this 

24    assembly, to guide you and to bless your hearts 

25    with wisdom, to build a future that justice 


                                                               441

 1    prevails.  To build a future that unity, 

 2    compassion, is always the value of our 

 3    communities.  To have the hope that is shining as 

 4    a bright star for our future generations.

 5                 We pray for our heroes, Adem Jashari 

 6    and his friends, that they shed their blood, they 

 7    gave their lives for the freedom of Albanians.  

 8    We pray for our martyrs.  We pray for Albanians 

 9    wherever they are.  We pray for our State of 

10    New York, the Empire State.  And we always pray 

11    for the United States of America.  

12                 God bless you all.  God bless the 

13    Albanian people.  And God bless the United States 

14    of America.  

15                 In Your name, God Almighty, we make 

16    this prayer.  Amen.

17                 (Response of "Amen.") 

18                 ACTING PRESIDENT PERSAUD:   Reading 

19    of the Journal.

20                 THE SECRETARY:   In Senate, Friday, 

21    January 31, 2025, the Senate met pursuant to 

22    adjournment.  The Journal of Thursday, 

23    January 30, 2025, was read and approved.  On 

24    motion, the Senate adjourned.

25                 ACTING PRESIDENT PERSAUD:   Without 


                                                               442

 1    objection, the Journal stands approved as read.

 2                 Presentation of petitions.

 3                 Messages from the Assembly.

 4                 The Secretary will read.

 5                 THE SECRETARY:   Senator Cleare 

 6    moves to discharge, from the Committee on Rules, 

 7    Assembly Bill Number 440 and substitute it for 

 8    the identical Senate Bill 737, Third Reading 

 9    Calendar 12.

10                 ACTING PRESIDENT PERSAUD:   May we 

11    have some quiet in the chamber, please.

12                 THE SECRETARY:   Senator Mayer moves 

13    to discharge, from the Committee on Rules, 

14    Assembly Bill Number 814 and substitute it for 

15    the identical Senate Bill 746, Third Reading 

16    Calendar 21.

17                 Senator Gounardes moves to 

18    discharge, from the Committee on Rules, 

19    Assembly Bill Number 692 and substitute it for 

20    the identical Senate Bill 748, Third Reading 

21    Calendar 23.

22                 Senator Hoylman-Sigal moves to 

23    discharge, from the Committee on Rules, 

24    Assembly Bill Number 419 and substitute it for 

25    the identical Senate Bill 756, Third Reading 


                                                               443

 1    Calendar 31.

 2                 Senator Stavisky moves to discharge, 

 3    from the Committee on Rules, Assembly Bill 

 4    Number 430 and substitute it for the identical 

 5    Senate Bill 774, Third Reading Calendar 48.

 6                 ACTING PRESIDENT PERSAUD: 

 7    Substitutions so ordered.

 8                 Messages from the Governor.

 9                 Reports of standing committees.

10                 Reports of select committees.

11                 Communications and reports from 

12    state officers.

13                 Motions and resolutions.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Good afternoon, 

16    Madam President.

17                 Please take up previously adopted 

18    Resolution 259, by Senator Scarcella-Spanton, 

19    read the resolution's title, and recognize 

20    Senator Scarcella-Spanton.

21                 ACTING PRESIDENT PERSAUD:   The 

22    Secretary will read.

23                 THE SECRETARY:   Resolution 259, by 

24    Senator Scarcella-Spanton, commemorating the 

25    17th Anniversary of Kosovo's Independence.


                                                               444

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Scarcella-Spanton on the resolution.

 3                 SENATOR SCARCELLA-SPANTON:   Thank 

 4    you, Madam President.  And thank you to all my 

 5    colleagues.  

 6                 I want to extend a warm welcome to 

 7    all my friends and constituents who have joined 

 8    us today as we gather to celebrate Kosovo's 

 9    Independence Day here in New York State.

10                 Today is a significant moment in 

11    recognizing Kosovo's remarkable journey to 

12    independence.  Once again, here in New York, an 

13    independence achieved through years of 

14    perseverance and resilience.  Despite facing 

15    numerous obstacles, the people of Kosovo have 

16    shown extraordinary strength, determination and 

17    will, which brings us to this important occasion, 

18    our second annual Kosovo Day of Independence.  

19    Thank you.

20                 Kosovo's Declaration of Independence 

21    in 2008 was a historic moment, signaling an end 

22    of years of struggle and the beginning of a new 

23    chapter for the people of Kosovo -- a chapter 

24    built on hope, unity, and the tireless pursuit of 

25    freedom.


                                                               445

 1                 As we reflect on this journey, we 

 2    honor the sacrifices made and the many challenges 

 3    overcome in their pursuit of freedom and 

 4    self-determination.

 5                 It is truly my honor to sponsor this 

 6    resolution in recognition of Kosovo's 

 7    Independence Day.  Today we stand in solidarity 

 8    with the Kosovar people, celebrating their 

 9    triumphs and looking forward to a brighter 

10    future.  

11                 And I want to thank, of course, 

12    Imam Tahir, all of our constituents who are here 

13    today, and my Staten Island director, 

14    Vanesa Limani, who's here with me.  She's from 

15    Kosovo.  She does an amazing job.  And she helped 

16    plan and put this all together.  

17                 So thank you so much, and thank you 

18    to all my colleagues for your support, and to 

19    everyone who has joined us in honoring this 

20    significant day.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Fernandez on the resolution.

23                 SENATOR FERNANDEZ:   Thank you, 

24    Madam Speaker.  

25                 Thank you so much, 


                                                               446

 1    Senator Scarcella-Spanton, for bringing this 

 2    resolution to the floor, because it is always 

 3    important to give the grace, the dignity to a 

 4    community that exists, that is here, and that is 

 5    continually contributing to our great state.  

 6                 The Kosovo community, the 

 7    Sheepbay {ph} community, is one very close to my 

 8    heart, and I'm honored to cosponsor this 

 9    resolution and to make sure that we as 

10    New Yorkers are always identifying them and 

11    giving them their right to existence here in 

12    New York, in America, and in the world.  

13                 So Happy Independence Day.  Que viva 

14    Kosova!  

15                 ACTING PRESIDENT PERSAUD:   Thank 

16    you, Senator.

17                 To our guests, I welcome you on 

18    behalf of the Senate.  We extend to you the 

19    privileges and courtesies of this house.  

20                 Happy Independence!  Please rise and 

21    be recognized.

22                 (Standing ovation.)

23                 ACTING PRESIDENT PERSAUD:   The 

24    resolution was adopted on January 28th.

25                 Senator Gianaris.


                                                               447

 1                 SENATOR GIANARIS:   Madam President, 

 2    Senator Scarcella-Spanton would like to open that 

 3    resolution for cosponsorship.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    resolution is open for cosponsorship.  Should you 

 6    choose not to be a cosponsor, please notify the 

 7    desk.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Please take up 

10    the calendar.

11                 ACTING PRESIDENT PERSAUD:   The 

12    Secretary will read.

13                 THE SECRETARY:   Calendar Number 12, 

14    Assembly Bill Number 440, by Assemblymember 

15    De Los Santos, an act to amend the 

16    General Business Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  this 

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

21    same manner as a chapter of the Laws of 2024.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               448

 1    the results.

 2                 THE SECRETARY:   Ayes, 62.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 13, 

 6    Senate Print 738, by Senator Cleare, an act to 

 7    amend the General Business Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

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

12    same manner as a chapter of the Laws of 2024.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 13, voting in the negative:  

20    Senator Walczyk.

21                 Ayes, 61.  Nays, 1.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 15, 

25    Senate Print 740, by Senator Ramos, an act to 


                                                               449

 1    amend the Labor Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 15, those Senators voting in the 

13    negative are Senators Borrello, Griffo, Martins, 

14    O'Mara, Ortt and Walczyk.

15                 Ayes, 56.  Nays, 6.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 18, 

19    Senate Print 743, by Senator Gianaris, an act to 

20    amend the Penal Law.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 3.  This 

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

25    same manner as a chapter of the Laws of 2024.


                                                               450

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 18, those Senators voting in the 

 8    negative are Senators Ashby, Borrello, 

 9    Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, 

10    Helming, Lanza, Mattera, Murray, Oberacker, 

11    O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, 

12    Walczyk, Weber and Weik.

13                 Ayes, 42.  Nays, 20.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 19, 

17    Senate Print 744, by Senator Hoylman-Sigal, an 

18    act to amend the Penal Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

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

23    same manner as a chapter of the Laws of 2024.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               451

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 19, those Senators voting in the 

 6    negative are Senators Ashby, Borrello, Gallivan, 

 7    Griffo, Helming, Mattera, Murray, Oberacker, 

 8    O'Mara, Ortt, Stec, Tedisco and Walczyk.

 9                 Ayes, 49.  Nays, 13.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 20, 

13    Senate Print 745, by Senator Myrie, an act to 

14    amend the General Business Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.  

17                 THE SECRETARY:   Section 2.  This 

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

19    same manner as a chapter of the Laws of 2024.

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               452

 1    Calendar 20, those Senators voting in the 

 2    negative are Senators Ashby, Borrello, Gallivan, 

 3    Griffo, Helming, Lanza, Mattera, Murray, 

 4    Oberacker, O'Mara, Ortt, Palumbo, Rolison, Stec, 

 5    Tedisco, Walczyk and Weik.

 6                 Ayes, 45.  Nays, 17.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 21, 

10    Assembly Bill 814, by Assemblymember Benedetto, 

11    an act to amend the Public Health Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 21, those Senators voting in the 

23    negative are Senators Borrello, Oberacker, 

24    O'Mara, Ortt, Stec, Tedisco, Walczyk and Weik.

25                 Ayes, 54.  Nays, 8.


                                                               453

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 23, 

 4    Assembly Print 692, by Assemblymember Rosenthal, 

 5    an act to amend the Public Health Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 62.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 26, 

19    Senate Print 751, by Senator SepĂșlveda, an act to 

20    amend the Real Property Law.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

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

25    same manner as a chapter of the Laws of 2024.


                                                               454

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.  

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 26, those Senators voting in the 

 8    negative are Senators Ashby, Borrello, Chan, 

 9    Gallivan, O'Mara, Ortt, Stec and Weber.

10                 Ayes, 54.  Nays, 8.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 27, 

14    Senate Print 752, by Senator Hoylman-Sigal, an 

15    act to amend the Election Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 6.  This 

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

20    same manner as a chapter of the Laws of 2024.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               455

 1                 THE SECRETARY:   In relation to 

 2    Calendar 27, those Senators voting in the 

 3    negative are Senators Ashby, Borrello, 

 4    Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, 

 5    Helming, Lanza, Martins, Mattera, Murray, 

 6    Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

 7    Rolison, Stec, Tedisco, Walczyk, Weber and Weik.

 8                 Ayes, 40.  Nays, 22.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 29, 

12    Senate Print 754, by Senator Martinez, an act to 

13    amend the Transportation Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

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

18    same manner as a chapter of the Laws of 2024.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 29, those Senators voting in the 


                                                               456

 1    negative are Senators Ashby, Borrello, 

 2    Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, 

 3    Helming, Lanza, Martins, Mattera, Murray, 

 4    Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

 5    Skoufis, Stec, Tedisco, Walczyk, Weber and Weik.

 6                 Ayes, 40.  Nays, 22.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 30, 

10    Senate Print 755, by Senator Ramos, an act to 

11    amend the Workers' Compensation Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 30, those Senators voting in the 

23    negative are Senators Borrello, Griffo, Helming, 

24    Lanza, Murray, Oberacker, O'Mara, Ortt, Stec and 

25    Weik.  Also Senator Tedisco.


                                                               457

 1                 Ayes, 51.  Nays, 11.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 31, 

 5    Assembly Print 419, by Assemblymember Carroll, an 

 6    act to amend the Insurance Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 4.  This 

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

11    same manner as a chapter of the Laws of 2024.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.  

17                 THE SECRETARY:   In relation to 

18    Calendar 31, voting in the negative:  

19    Senator Walczyk.  

20                 Ayes, 61.  Nays, 1.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 48, 

24    Assembly Print 430, by Assemblymember Rosenthal, 

25    an act to amend the Insurance Law.


                                                               458

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 5.  This 

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

 5    same manner as a chapter of the Laws of 2024.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 62.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 56, 

15    Senate Print 782, by Senator Palumbo, an act to 

16    amend the Real Property Tax Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 3.  This 

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

21    same manner as a chapter of the Laws of 2024.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Announce 


                                                               459

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 56, voting in the negative:  

 4    Senator Skoufis.  

 5                 Ayes, 61.  Nays, 1.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 Senator Gianaris, that completes the 

 9    reading of today's calendar.

10                 SENATOR GIANARIS:   Is there any 

11    further business at the desk?

12                 ACTING PRESIDENT PERSAUD:   There is 

13    no further business at the desk.

14                 SENATOR GIANARIS:   I move to 

15    adjourn until tomorrow, Tuesday, February 4th, at 

16    3:00 p.m.

17                 ACTING PRESIDENT PERSAUD:   On 

18    motion, the Senate stands adjourned until 

19    tomorrow, Tuesday, February 4th, at 3:00 p.m.

20                 (Whereupon, at 4:23 p.m., the Senate 

21    adjourned.)

22

23

24

25