Reference is to Printer's Date 2/11/14-H.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Chapter 1, Title 46 of the 1976 Code is amended by adding:
      "Section 46-1-160.     
 (A)(1)      There is created the 'South 
Carolina Farm Aid Fund'.  This fund is separate and distinct 
from the general fund of the State and all other funds. Earnings 
on this fund must be credited to it and any balance in this fund 
at the end of a fiscal year carries forward in the fund in the 
succeeding fiscal year.  Revenues credited to this fund in a 
fiscal year must be used to operate a loan program that provides 
financial assistance to farmers.
            (2)     
 To be eligible for a loan, the person must have:
            (a)     
 experienced a verifiable loss of agricultural commodities 
of at least forty percent as a result of a natural disaster, 
excluding drought, for which:
            (i)     
 the Governor declares a state of emergency in the State; 
and
            (ii)     
 the United States Secretary of Agriculture has issued a 
Secretarial Disaster Declaration for the county in which the 
farm is located;
            (b)     
 a farm number issued by the Farm Service Agency; and
            (c)     
 signed an affidavit, under penalty of perjury, certifying 
that each fact of the loss presented by the person is accurate. 
      (B)(1)      There is created 
the Farm Aid Board. The board is composed of the following 
members:
            (a)     
 the Commissioner of Agriculture, ex officio, or his 
designee, who shall serve as chairman;
            (b)     
 one member representing South Carolina Farm Bureau 
Federation appointed by the Chairman of the Senate Finance 
Committee; 
            (c)     
 one member representing a Farm Credit Association 
appointed by the Chairman of the House Ways and Means Committee; 
            (d)     
 one member of the crop insurance industry appointed by the 
Chairman of the Senate Agriculture and Natural Resources 
Committee;
            (e)     
 one agricultural commodities producer appointed by the 
Chairman of the House Agriculture, Natural Resources and 
Environmental Affairs Committee; 
            (f)     
 the Vice President for Public Service and Agriculture of 
Clemson Public Service Activities, or his designee; and 
            (g)     
 the Vice President for Land Grant Services of South 
Carolina State Public Service Activities, or his designee.
            (2)(a)     
 Within twenty days of the effective date of this section, 
the board shall hold its initial meeting to adopt an application 
process by which a person with a loss resulting from the 
flooding in October 2015, may apply for a loan.  A person shall 
apply not later than forty-five days after the initial meeting 
of the board.  The initial deposit of monies into the fund only 
may be used for such claims.
            (b)     
 For any other loss, the board shall set forth the process 
and application process by which a person may apply for 
loans.
            (3)(a)     
 Each loan awarded by the board must equal twenty percent 
of the person's verifiable loss of agricultural commodities.  
However, a person, including any loan made to a related person, 
may not receive loans aggregating more than one hundred thousand 
dollars with respect to any single major disaster.  Also, a 
person, including any loan made to a related person, may not 
receive loans that when combined with losses covered by 
insurance, exceed one hundred percent of the actual loss.  If a 
loan is made to a related person, the amount to be included in 
the limits set by this section must be the amount of the loan 
multiplied by the person's ownership interest in the related 
person.  However, a person who shares an ownership interest with 
another person or entity may not be refused a loan solely 
because the other person or related person has otherwise 
received the maximum loan amount, but in this case, the person's 
loan amount is limited by the person's ownership interest.
            (b)     
 If the total amount of loans allowed pursuant to subitem 
(a) for a single major disaster exceeds the monies in the fund, 
then each person's loan must be reduced proportionately.
            (4)     
 To determine loss, the board:
            (a)     
 must measure the person's cumulative total loss of all 
affected agricultural commodities for the calendar year in which 
the eligible loss occurred against the person's expected 
production of all agricultural commodities affected by a 
qualifying natural disaster in the same year;
            (b)     
 shall use the person's applicable actual production 
history yield, as determined by the Federal Crop Insurance 
Corporation, to determine loss for insured agricultural 
commodities.  In determining loss for uninsured agricultural 
commodities, the board shall use the most recent year's county 
price and county yield, as applicable, as determined by the 
National Agriculture Statistics Service, United States 
Department of Agriculture; and
            (c)     
 may require any documentation or proof it considers 
necessary to efficiently administer the loan program, including 
the ownership structure of each entity and the social security 
numbers of each owner.  Minimally, in order to verify loss, the 
board shall require the submission of dated, signed, and 
continuous records.  These records may include, but are not 
limited to, commercial receipts, settlement sheets, warehouse 
ledger sheets, pick records, load summaries, contemporaneous 
measurements, truck scale tickets, contemporaneous diaries, 
appraisals, ledgers of income, income statements of deposit 
slips, cash register tape, invoices for custom harvesting, 
u-pick records, and insurance documents.
            (5)     
 Any loan made pursuant to this section must be an 
interest-free loan, and must be repaid in full by no later than 
the fifth December thirty-first after the loan was granted. 
      (C)      Grant awards must 
be used for agricultural production expenses and losses due to 
the declared disaster but does not include the purchase of new 
equipment.  The board shall require any documentation it 
determines necessary to verify the appropriate use of grant 
awards, including receipts.
      (D)      If the board 
determines that a person who received a loan provided inaccurate 
information, then the person shall refund the entire amount of 
the loan within ninety days.  If the board determines that a 
person who received a loan used the funds for ineligible 
expenses, then the person must refund the amount of the 
ineligible expenses within ninety days.  If the person does not 
refund the appropriate amount, the Department of Revenue shall 
utilize the provisions of the Setoff Debt Collection Act to 
collect the money from the person.
      (E)      From the 2014-2015 
Contingency Reserve Fund, there is appropriated $40,000,000 to 
the South Carolina Farm Aid Fund.  Any funds from this 
appropriation remaining in the fund on June 30, 2017, shall 
lapse to the general fund.
      (F)      For tax year 2015, 
a taxpayer eligible for a loan pursuant to this section 
resulting from the flooding in October 2015, may elect to claim 
a property tax credit or income tax credit equal to the amount 
of loss, as determined by the board, minus any amounts covered 
by insurance and any loan amounts made pursuant to this section. 
 However, the amount of the credit may not exceed the taxpayer's 
property tax or income tax liability, as applicable.  
Notwithstanding any other provision of law, a taxpayer may file 
an amended income tax return for 2015 or claim a refund for 
property tax year 2015 for the purpose of claiming the credit.  
The Department of Revenue or appropriate county official, in 
consultation with the board, may require the taxpayer to produce 
whatever proof the department determines necessary to implement 
the provisions of this credit.
      (G)      The board may 
accept private funds, grants, and property to be used to make 
financial awards from the loan program.
      (H)      Staffing for the 
board must be provided by the staff of the Department of 
Agriculture.
      (I)      For purposes of 
this section:
            (1)     
 'Agricultural commodities' means wheat, cotton, flax, 
corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, 
soybeans, sugar beets, sugar cane, tomatoes, grain sorghum, 
sunflowers, raisins, oranges, sweet corn, dry peas, freezing and 
canning peas, forage, apples, grapes, potatoes, timber and 
forests, nursery crops, citrus, and other fruits and vegetables, 
nuts, tame hay, native grass, aquacultural species including, 
but not limited to, any species of finfish, mollusk, crustacean, 
or other aquatic invertebrate, amphibian, reptile, or aquatic 
plant propagated or reared in a controlled or selected 
environment, excluding stored grain.
            (2)     
 'Person' means any individual, trust, estate, partnership, 
receiver, association, company, limited liability company, 
corporation, or other entity or group.
            (3)     
 'Related person' means any person, joint venture, or 
entity that has a direct or indirect ownership interest of a 
person or legal entity."           
 /
Renumber sections to conform.
Amend title to conform.