Senate Amendment 3
H 5169 - Session 125 (2023-2024)
Farmer Protection Act

Senator Hembree proposes the following amendment (SEDU-5169.DB0011S):

Amend the bill, as and if amended, SECTION 1, by striking Section 46-1-310(1) and inserting:

 (1) "Agriculture producer" means a person or company authorized to do business in South Carolina and engaged in the production of goods derived from plants or animals including, , the growing of crops, animal husbandry, or the production of livestock or dairy products.

Amend the bill further, SECTION 1, by striking Section 46-1-310(6) and inserting:

 (6) "ESG factor" means any factor or consideration that is collateral to or not reasonably likely to effect or impact the financial risk and include the promotion, furtherance, or achievement of environmental, social, or political goals, objectives, or outcomes which may include the agriculture producer's greenhouse gas emissions, use of fossil-fuel derived fertilizer, or use of fossil-fuel powered machinery.

Amend the bill further, SECTION 1, by striking Section 46-1-320(A) and inserting:

 (A) A financial institution may not discriminate in the provision of financial services to an agriculture producer based, in whole or in part, upon an ESG factor.

Amend the bill further, SECTION 1, by striking Section 46-1-320(C) and inserting:

 (C) A financial institution may overcome the inference in subsection (B) by demonstrating that its denial or restriction of a financial service was based solely on documented risk analysis, and not on any ESG factor.