NO. 54
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Isaiah 64:8
In Isaiah we read:
"O Lord, you are our Father; we are the clay, and you are our potter; we are all the work of your hand."
Bow with me, if you will: Truly, O Lord, at this point of this Senate's 124th Regular Session, challenges indeed continue for this Body. And so many of the tasks which remain to be settled are formidable; they are likely not going to be resolved in the blink of an eye, much less overnight. All of this, dear God, means that there is a great deal of molding and shaping yet to be done by You upon these leaders as they strive to determine the best courses of action and the final and proper resolution of major issues. So guide these Senators and their staff members. Allow them to lean on You for added wisdom, energy, and resolve, so that they ultimately do what is best for all of our citizens. And as always, to You be the glory, O Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 12:04 P.M., Senator ALEXANDER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator ALEXANDER moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Bennett Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Grooms Gustafson Harpootlian Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Kimpson Malloy Martin Massey McElveen Peeler Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
A quorum being present, the Senate resumed.
The following appointments were transmitted by the Honorable Henry Dargan McMaster:
Initial Appointment, Director of Department of Health & Human Services, with term coterminous with Governor
Robert M. Kerr, 3117 Monroe Street, Columbia, SC 29295-2636
Referred to the Committee on Medical Affairs.
Initial Appointment, Donate Life South Carolina, with the term to commence April 1, 2020, and to expire April 1, 2024
Low Country - Recipient/Donor/Family:
Michael F. Cuenin, 1513 Appling Drive, Mount Pleasant, SC 29464-4689 VICE Debra Yasenka
Referred to the Committee on Medical Affairs.
Reappointment, South Carolina Board of Juvenile Parole, with the term to commence June 30, 2019, and to expire June 30, 2023
At-Large:
Suzanne S. Prosser, 697 Wedgewood Dr., Murrells Inlet, SC 29576
Referred to the Committee on Corrections and Penology.
Initial Appointment, South Carolina Board of Juvenile Parole, with the term to commence June 30, 2020, and to expire June 30, 2024
At-Large:
Cindy Risher, 1061 Blue Bird Court, Summerton, SC 29148-7276 VICE Barbara W. Mishoe - resigned
Referred to the Committee on Corrections and Penology.
Reappointment, South Carolina State Athletic Commission, with the term to commence June 30, 2020, and to expire June 30, 2024
4th Congressional District:
Paul H. Kennemore, III, 200 Regents Gate Court, Simpsonville, SC 29681-3612
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, South Carolina State Board of Financial Institutions, with the term to commence June 30, 2020, and to expire June 30, 2024
Banker:
Tommy Bouchette, 3370 Johnsonville Highway, Lake City, SC 29560-6468 VICE F. Justin Strickland
Referred to the Committee on Banking and Insurance.
Reappointment, South Carolina State Ports Authority, with the term to commence February 13, 2020, and to expire February 13, 2025
At-Large:
Mark W. Buyck, Jr., 1439 Cherokee Road, Florence, SC 29501
Referred to the Committee on Transportation.
Initial Appointment, South Carolina State Ports Authority, with the term to commence February 13, 2021, and to expire February 13, 2026
At-Large:
William A. Coates, 177 Marshall Bridge Dr., Greenville, SC 29605-1256 VICE Kenneth R. Jackson
Referred to the Committee on Transportation.
Reappointment, South Carolina State Ports Authority, with the term to commence June 4, 2018, and to expire June 4, 2023
At-Large:
Kurt D. Grindstaff, 20 Manor Court Lane, Hilton Head Island, SC 29926
Referred to the Committee on Transportation.
Reappointment, South Carolina State Ports Authority, with the term to commence February 13, 2020, and to expire February 13, 2025
At-Large:
Willie E. Jeffries, 85 Nance Drive, Elloree, SC 29047
Referred to the Committee on Transportation.
Reappointment, South Carolina State Ports Authority, with the term to commence February 13, 2020, and to expire February 13, 2025
At-Large:
Pamela P. Lackey, 1672 Tanglewood Road, Columbia, SC 29204
Referred to the Committee on Transportation.
Reappointment, South Carolina State Ports Authority, with the term to commence March 19, 2019, and to expire March 19, 2024
At-Large:
Whitemarsh Seabrook Smith, III, 6 Concord Street, Charleston, SC 29401
Referred to the Committee on Transportation.
Reappointment, South Carolina State Ports Authority, with the term to commence February 13, 2020, and to expire February 13, 2025
At-Large:
William H. Stern, 2134 Bermuda Hills, Columbia, SC 29223
Referred to the Committee on Transportation.
The following was received:
Document No. 4974
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 44-1-140 et seq.
SUBJECT: Licensed Midwives
Received by Lieutenant Governor January 12, 2021
Referred to Committee on Medical Affairs
Legislative Review Expiration: Permanently Withdrawn
Permanently Withdrawn April 12, 2021
Senator K. JOHNSON introduced Dr. Robert L. Ridgeway, III of Manning, S.C., Doctor of the Day.
At 12:05 P.M., Senator ALEXANDER requested a leave of absence for Senator LEATHERMAN for the day.
At 12:32 P.M., Senator KIMPSON requested a leave of absence for Senator MATTHEWS for the day.
Senator MALLOY rose for an Expression of Personal Interest.
On motion of Senator HUTTO, with unanimous consent, the remarks of Senator MALLOY, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator ALEXANDER rose for an Expression of Personal Interest.
Senator CROMER rose for an Expression of Personal Interest.
The following co-sponsors were added to the respective Bills:
S. 635 (Word version) Sen. Scott
S. 730 (Word version) Sen. Turner
H. 4099 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REGULATIONS FOR NONNATIVE WILDLIFE, DESIGNATED AS REGULATION DOCUMENT NUMBER 5027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator CAMPSEN asked unanimous consent to make a motion to recall the Resolution from the Committee on Fish, Game and Forestry.
The Resolution was recalled from the Committee on Fish, Game and Forestry and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 746 (Word version) -- Senator Shealy: A SENATE RESOLUTION TO EXPRESS PROFOUND SORROW UPON THE PASSING OF CLABIE CECIL EDMOND AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 747 (Word version) -- Senators Kimbrell and Talley: A SENATE RESOLUTION TO CONGRATULATE THE SPARTANBURG CHRISTIAN ACADEMY ATHLETIC TEAMS, COACHES, AND SCHOOL OFFICIALS ON AN OUTSTANDING 2020-2021 SEASON AND TO HONOR THEM FOR WINNING MULTIPLE STATE CHAMPIONSHIPS.
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The Senate Resolution was adopted.
S. 748 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-AUCTIONEERS' COMMISSION, RELATING TO AUCTIONEERS' COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 5010, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
Senator ALEXANDER from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 562 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-AUCTIONEERS' COMMISSION, RELATING TO AUCTIONEERS' COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 5010, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on: H. 3805 (Word version) -- Reps. B. Cox, Erickson, Davis, Allison, Wooten, McGarry, Hill, Pope, Caskey, McCabe, Oremus, T. Moore, W. Newton, Ligon, Blackwell, R. Williams, Jefferson, Hixon, Taylor, S. Williams and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 147 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE VARIOUS MILITARY SPECIAL LICENSE PLATES; AND TO REPEAL ARTICLES 7, 8, 14, 15, 16, 33, 38, 43, 53, 55, 56, 57, 59, 63, 68, 74, 84, 88, 99, 101, 102, 103, 104, 106, 107, 110, 111, 112, 115, 116, 117, 129, 131, 132, 143, and 144, CHAPTER 3 OF TITLE 56, RELATING TO THE ISSUANCE OF "WARTIME DISABLED VETERAN SPECIAL LICENSE PLATES", FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES MILITARY RESERVES AND NATIONAL GUARD, MEDAL OF HONOR RECIPIENTS, PURPLE HEART RECIPIENTS, MEMBERS OF THE AMERICAN LEGION, RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES, AND NORMANDY INVASION AND PEARL HARBOR SURVIVORS, THE ISSUANCE OF MEMBERS OF THE UNITED STATES ARMED SERVICES, UNITED STATES NAVAL ACADEMY, UNITED STATES AIR FORCE ACADEMY, SUPPORT OUR TROOPS, KOREAN WAR VETERANS, VIETNAM VETERANS, MARINE CORPS LEAGUE, WORLD WAR II VETERANS, GOLD STAR FAMILY OPERATION DESERT STORM-DESERT SHIELD, OPERATION ENDURING FREEDOM VETERAN, OPERATION IRAQI FREEDOM VETERAN, SILVER STAR, BRONZE STAR, UNITED STATES, NAVY CHIEF PETTY OFFICER, UNITED STATES MARINE CORPS, DISTINGUISHED SERVICE MEDAL, DISTINGUISHED SERVICE CROSS, DEPARTMENT OF NAVY, PARENTS AND SPOUSES OF ACTIVE-DUTY OVERSEAS VETERANS, ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED FORCES, COMBAT-RELATED DISABLED VETERAN, RECIPIENTS OF THE DISTINGUISHED FLYING CROSS, PALMETTO CROSS, AND LEGION OF MERIT SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
Senator KIMBRELL objected to consideration of the Bill.
Senator MASSEY objected to consideration of the Bill.
H. 3991 (Word version) -- Reps. Rutherford, Wooten, Caskey, Thigpen, B. Cox, Elliott, Erickson, S. Williams and Rivers: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO PURCHASE NONFERROUS METALS, TRANSPORTATION AND SALE OF NONFERROUS METALS, AND VARIOUS OFFENSES ASSOCIATED WITH NONFERROUS METALS, SO AS TO INCLUDE IN THE PURVIEW OF THE STATUTE PROCEDURES FOR THE LAWFUL PURCHASE, SALE, AND POSSESSION OF USED, DETACHED CATALYTIC CONVERTERS OR ANY NONFERROUS PART OF ONE UNLESS PURCHASED, SOLD, OR POSSESSED UNDER CERTAIN DELINEATED CIRCUMSTANCES.
Senator MATTHEWS objected to consideration of the Bill.
The Senate proceeded to a consideration of the Bill.
Senator CAMPSEN explained the Bill.
On motion of Senator CAMPSEN, the Bill was carried over.
H. 3548 (Word version) -- Reps. Ott, Forrest, Jefferson and R. Williams: A BILL TO AMEND SECTION 50-13-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POSSESSION OF NONGAME DEVICES, SO AS TO DELETE THE PROHIBITION ON THE POSSESSION OF A GAME FISH DEVICE WHILE POSSESSING OR USING A NONGAME DEVICE.
The Senate proceeded to a consideration of the Bill.
Senator CAMPSEN explained the Bill.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Peeler Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
S. 41 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 31-12-70(A)(16) OF THE 1976 CODE, RELATING TO THE POWERS OF REDEVELOPMENT AUTHORITIES, TO PROVIDE THAT CERTAIN REDEVELOPMENT FEES MAY BE USED FOR FINANCING, ACQUIRING, DEVELOPING, SUPPORTING, AND OPERATING CERTAIN MUSEUM PROJECTS.
Senator PEELER objected to consideration of the Bill.
On motion of Senator SETZLER, the Bill was carried over.
S. 736 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO BOATING, DESIGNATED AS REGULATION DOCUMENT NUMBER 5021, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MARTIN raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
S. 737 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO ALEXANDER SPRUNT, JR., WILDLIFE REFUGE AND SANCTUARY, DESIGNATED AS REGULATION DOCUMENT NUMBER 5020, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MARTIN raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
S. 738 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO FRESHWATER FISHERIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 5018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MARTIN raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
S. 739 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO MARINE RESOURCES DIVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 5016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MARTIN raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
S. 740 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEA TURTLE PROTECTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 5019, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MARTIN raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading. The PRESIDENT sustained the Point of Order.
S. 741 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REGULATIONS FOR NONNATIVE WILDLIFE, DESIGNATED AS REGULATION DOCUMENT NUMBER 5027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MARTIN raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
S. 742 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREA REGULATIONS; TURKEY HUNTING RULES AND SEASONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 5011, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MARTIN raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
H. 3664 (Word version) -- Reps. Hewitt, Hixon, Stavrinakis, Crawford, Kirby, B. Cox, Anderson, Erickson, Bradley, Murray and B. Newton: A BILL TO AMEND SECTION 40-57-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL BACKGROUND CHECKS REQUIRED FOR INITIAL LICENSURE BY THE REAL ESTATE COMMISSION, SO AS TO REQUIRE SOCIAL SECURITY NUMBER-BASED CRIMINAL RECORDS CHECKS IN ADDITION TO EXISTING REQUIREMENTS.
Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 12:37 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO A CONSIDERATION OF THE VETOES.
(R8, H3584 (Word version)) -- Reps. Sandifer and Whitmire: AN ACT TO AMEND ACT 1041 OF 1970, AS AMENDED, RELATING TO THE ASSESSMENT OF TAXES IN OCONEE COUNTY, SO AS TO REVISE THE MEMBERSHIP AND COMPOSITION OF THE OCONEE COUNTY BOARD OF ASSESSMENT APPEALS.
The veto of the Governor was taken up for immediate consideration.
Senator ALEXANDER moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Peeler Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
The House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator HUTTO explained the amendments.
On motion of Senator HUTTO, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
On motion of Senator MASSEY, the Senate agreed that if and when the Senate stands adjourned Wednesday, April 14, 2021, that it will adjourn to meet Thursday, April 15, 2021, at 11:00 A.M., under the provisions of Rule 1B.
On motion of Senator MASSEY, the Senate agreed to stand adjourned.
On motion of Senator GOLDFINCH, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Bill Chandler of Murrells Inlet, S.C. Bill graduated from the University of South Carolina with a degree in mechanical engineering. He worked for NASA and helped develop systems used on the Apollo XI lunar module. Bill received the Golden Oyster Award for his environmental stewardship and was created Preserve Murrells Inlet. He was active in the community representing property owners, restaurants and preservationists. Bill was a champion shooter and enjoyed playing golf. Bill cherished his family and will be dearly missed.
On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Virginia Lee Cole Skelton of Clemson, S.C. Virginia was a graduate of Clemson University and earned her master's degree in math education from the University of Georgia. She taught chemistry and math in Easley. Virginia later started a real estate company where she worked for over 20 years. She was an accomplished pianist who enjoyed playing golf, bridge and growing orchids. She served on the YMCA Board and raised money for the American Heart Association. Virginia was an active member of Clemson First Baptist Church for over 62 years. Virginia was a loving wife, devoted mother and doting grandmother who will be dearly missed.
At 12:40 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 1:00 P.M.
This web page was last updated on Tuesday, April 13, 2021 at 2:11 P.M.