Senator MASSEY proposes the following amendment (4100R033.SP.ASM.DOCX):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 491, proviso 117.22, beginning at line 28, by striking the proviso in its entirety and inserting

/117.22.(GP: State-Owned Aircraft- Flight Logs) Each agency having in its custody one or more aircraft shall maintain a continuing log on all flights, which in order to promote accountability and transparency shall be open for public inspection and shall also be posted online. Any and all aircraft owned or operated by agencies of the State Government shall be used only for official business. The Division of Aeronautics and other agencies owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, and members of state boards, commissions, and agencies and their invitees for official business only; no. No member of the General Assembly, no member of a state board, commission, or committee, and no nor any state official shall use any state-owned or operated aircraft unless the member or official files a sworn statement to the agency providing the flight certifying and describing the official nature of his/her trip within twenty-four hours after the completion of the flight with the agency that provided the flight a sworn statement certifying and describing the official nature of his trip; and no. No member of the General Assembly, no member of a state board, commission or committee, and no nor state official shall may be furnished air transportation by a state agency unless such agency prepares and maintains in its files a sworn statement from the highest ranking official of the agency or its designee certifying that the member's or state official's trip was in conjunction with the official business of the agency. Official business shall not include: routine transportation to and from meetings of the General Assembly or; attending a committee meetings meeting for which mileage is authorized. Official business also does not include; attending a press conference,; attending a bill signing,; or attending a conference or political function.

Unless a flight is initiated by a cabinet agency, members of the General Assembly may not use state-owned aircraft unless the member receives approval prior to the flight, in writing, from either the President of the Senate or Speaker of the House of Representatives, as appropriate. For flights initiated by cabinet agencies, the head of the initiating agency must certify, in writing, that the member of the General Assembly's attendance on the flight is in furtherance of the official business of the State.

Guests on flights who are unrelated to official state business shall be charged a comparable private commercial rate for like travel on a similar aircraft on a per seat basis for all flights taken. This comparable commercial rate for each aircraft must be established by the State Aeronautics Commission by August first and published on its website. Guests who are subject to this rate must be approved by the agency providing transportation within thirty days. Reimbursement not received within thirty-one days shall be subject to a penalty equal to five percent of the assessed cost of the guest's flight on that day and every subsequent thirty days. If it is determined that a passenger qualifies as a guest and is subject to this charger after a flight is taken, then the guest passenger and the inviting passenger shall be subject to an immediate ten percent penalty of the assessed cost of the guest flight and the aforementioned five percent penalty starting from the date of the flight. The appropriate ethics committee/commission shall be notified of any penalties issued.

Regardless of who initiated the flight, invitees of members of the General Assembly shall be considered guests not related to the official business of the State unless certified, in writing, by the President of the Senate or the Speaker of the House of Representatives. This paragraph does not apply to individuals employed by the Senate, the House of Representatives, or other legislative agencies.

All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent record of any agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an appropriate official of SLED or the Department of Commerce whose confidentiality must, in the opinion of SLED or the department, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Department of Commerce (strike one)" and the appropriate official of SLED or the department shall certify to the agency operating the aircraft the necessity for such confidentiality. The Division of Aeronautics shall post its flight logs on its website within one working day of completion of trips.

Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-700(A) of the 1976 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a violating member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them as provided by law. The above provisions do not apply to state-owned or operated aircraft when used by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any state-supported institution of higher education, nor to law enforcement officers when flying on state-owned aircraft in pursuit of fugitives, missing persons, or felons or for investigation of gang, drug, or other violent crimes.

Aircraft owned by agencies of state government shall not be leased to individuals for their personal use ./

Amend sections, totals and title to conform.