103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2432 Introduced , 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. LRB103 27256 HLH 53627 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2432 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: 35 ILCS 40/15 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. LRB103 27256 HLH 53627 b LRB103 27256 HLH 53627 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2432 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: 35 ILCS 40/15 35 ILCS 40/15 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. LRB103 27256 HLH 53627 b LRB103 27256 HLH 53627 b LRB103 27256 HLH 53627 b A BILL FOR HB2432LRB103 27256 HLH 53627 b HB2432 LRB103 27256 HLH 53627 b HB2432 LRB103 27256 HLH 53627 b 1 AN ACT concerning revenue. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Invest in Kids Act is amended by changing 5 Section 15 as follows: 6 (35 ILCS 40/15) 7 (Section scheduled to be repealed on January 1, 2025) 8 Sec. 15.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 10 application for approval to issue certificates of receipt in 11 the form and manner prescribed by the Department, provided 12 that 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19 scholarship granting organization's operating or other 20 funds until such qualified contributions or income are 21 withdrawn for use; 22 (3) certification that the scholarship granting 23 organization will use at least 95% of its annual revenue 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2432 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: 35 ILCS 40/15 35 ILCS 40/15 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. LRB103 27256 HLH 53627 b LRB103 27256 HLH 53627 b LRB103 27256 HLH 53627 b A BILL FOR 35 ILCS 40/15 LRB103 27256 HLH 53627 b HB2432 LRB103 27256 HLH 53627 b HB2432- 2 -LRB103 27256 HLH 53627 b HB2432 - 2 - LRB103 27256 HLH 53627 b HB2432 - 2 - LRB103 27256 HLH 53627 b 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 15 operator in the last 7 years has filed for personal bankruptcy 16 or corporate bankruptcy in a corporation of which he or she 17 owned more than 20% shall not be eligible to provide 18 scholarships. 19 (c) A scholarship granting organization must not have an 20 owner or operator who owns or operates a qualified school or 21 has a family member who is a paid staff or board member of a 22 participating qualified school. 23 (d) A scholarship granting organization shall comply with 24 the anti-discrimination provisions of 42 U.S.C. 2000d. 25 (d-5) A scholarship granting organization shall refrain 26 from discrimination based on actual, perceived, or identified HB2432 - 2 - LRB103 27256 HLH 53627 b HB2432- 3 -LRB103 27256 HLH 53627 b HB2432 - 3 - LRB103 27256 HLH 53627 b HB2432 - 3 - LRB103 27256 HLH 53627 b 1 gender identity or sexuality when awarding scholarships. 2 (e) The Department shall review and either approve or deny 3 each application to issue certificates of receipt pursuant to 4 this Act. Approval or denial of an application shall be made on 5 a periodic basis. Applicants shall be notified of the 6 Department's determination within 30 business days after the 7 application is received. 8 (f) No scholarship granting organization shall issue any 9 certificates of receipt without first being approved to issue 10 certificates of receipt. 11 (Source: P.A. 100-465, eff. 8-31-17.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law. HB2432 - 3 - LRB103 27256 HLH 53627 b