Senators CLIMER and KIMBRELL propose the following amendment (SR-62.KM0016S):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 6, Title 12 of the S.C. Code is amended by adding:

 Section 12-6-3830. (A) A taxpayer whose child attends a qualifying private school, parochial school, or home school for grades K 12 is entitled to a refundable tax credit against income taxes imposed pursuant to this chapter equal to the base student cost or the cost of tuition for a private school or parochial school, whichever is lower, for each child.
 (B) In order to be a qualifying school, the school must:
  (1) provide an affidavit attesting that it is a K-12 school;
  (2) provide the school's address;
  (3) provide that it is able to enroll students;
  (4) provide that it will educate students according to the expectations of the student's family;
  (5) make an annual financial statement available to students' families; and
  (6) have an Employer Identification Number (EIN), or, for purposes of a home school, the school must be registered as required by the State.
 (C) A taxpayer who claims an income tax credit pursuant to this section may not claim the exceptional needs tax credit pursuant to Section 12-6-3790 in the same income tax year.
 (D) A taxpayer is not eligible for the credit described in this section if his child attended a public school for more than forty-four days in the current income tax year.
 (E) A taxpayer who fraudulently claims the credit described in this section is guilty of tax fraud and must be prosecuted as provided by law.
 (F) A parent may assert a violation of this section as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, attorney's fees, court costs, and any other appropriate relief.
  (1) A parent is required to bring a claim for a violation of this section no later than three years after the day the cause of action accrues.
  (2) An award of noneconomic damages may not exceed one hundred thousand dollars for each claimant unless the jury or court determines that the defendant was grossly negligent, wilful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant.
  (3) The provisions of this section do not limit the amount of compensation for economic damages suffered by a claimant.
 (G) The Attorney General may bring an action to enforce compliance with this section. Nothing in this section may be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the State, or any agency, officer, or employee of the State to institute or intervene in any proceeding.
 (H) The Treasurer shall prescribe the form and manner to be an approved private school or parochial school and issue eligibility certificates. The parent shall provide the eligibility certificate to the department. By October first of each year, the Treasurer shall publish on its website a list of all qualifying private schools and parochial schools to include their names, addresses, telephone numbers, and, if available, website addresses and applicable audits.
 (I) The department may promulgate regulations necessary to implement the provisions of this section.

Renumber sections to conform.

Amend title to conform.