Rep. Kirby proposes the following amendment (LC-39.WAB0320H):

Amend the bill, as and if amended, SECTION 1, Section 59-8-140, by adding a subsection to read:

 (G) An Education Service Provider that engages in fraudulent conduct in performing its obligations under the provisions of this chapter are subject to:

  (1) a civil cause of action that may be brought by the department or a parent of a scholarship student seeking:

   (a) to temporarily or permanently enjoin the ESP from providing educational goods and services to scholarship students;

   (b) other equitable relief that the court may consider appropriate;

   (c) the payment of actual and punitive damages;

   (d) the payment of reasonable attorney's fees of the party that successfully brought the action; or

  (2) criminal prosecution for fraudulent conduct.