103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2432

 

Introduced 2/15/2023, by Rep. Maura Hirschauer

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 40/15

    Amends the Invest in Kids Act. Provides that a scholarship granting organization shall refrain from discrimination based on actual, perceived, or identified gender identity or sexuality when awarding scholarships. Effective immediately.


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A BILL FOR

 

HB2432LRB103 27256 HLH 53627 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Invest in Kids Act is amended by changing
5Section 15 as follows:
 
6    (35 ILCS 40/15)
7    (Section scheduled to be repealed on January 1, 2025)
8    Sec. 15. Approval to issue certificates of receipt.
9    (a) A scholarship granting organization shall submit an
10application for approval to issue certificates of receipt in
11the form and manner prescribed by the Department, provided
12that each application shall include:
13        (1) documentary evidence that the scholarship granting
14    organization has been granted an exemption from taxation
15    under Section 501(c)(3) of the Internal Revenue Code;
16        (2) certification that all qualified contributions and
17    any income derived from qualified contributions are
18    deposited and held in an account that is separate from the
19    scholarship granting organization's operating or other
20    funds until such qualified contributions or income are
21    withdrawn for use;
22        (3) certification that the scholarship granting
23    organization will use at least 95% of its annual revenue

 

 

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1    from qualified contributions for scholarships;
2        (4) certification that the scholarship granting
3    organization will provide scholarships to eligible
4    students;
5        (5) a list of the names and addresses of all members of
6    the governing board of the scholarship granting
7    organization; and
8        (6) a copy of the most recent financial audit of the
9    scholarship granting organization's accounts and records
10    conducted by an independent certified public accountant in
11    accordance with auditing standards generally accepted in
12    the United States, government auditing standards, and
13    rules adopted by the Department.
14    (b) A scholarship granting organization whose owner or
15operator in the last 7 years has filed for personal bankruptcy
16or corporate bankruptcy in a corporation of which he or she
17owned more than 20% shall not be eligible to provide
18scholarships.
19    (c) A scholarship granting organization must not have an
20owner or operator who owns or operates a qualified school or
21has a family member who is a paid staff or board member of a
22participating qualified school.
23    (d) A scholarship granting organization shall comply with
24the anti-discrimination provisions of 42 U.S.C. 2000d.
25    (d-5) A scholarship granting organization shall refrain
26from discrimination based on actual, perceived, or identified

 

 

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1gender identity or sexuality when awarding scholarships.
2    (e) The Department shall review and either approve or deny
3each application to issue certificates of receipt pursuant to
4this Act. Approval or denial of an application shall be made on
5a periodic basis. Applicants shall be notified of the
6Department's determination within 30 business days after the
7application is received.
8    (f) No scholarship granting organization shall issue any
9certificates of receipt without first being approved to issue
10certificates of receipt.
11(Source: P.A. 100-465, eff. 8-31-17.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.