HB5786 102ND GENERAL ASSEMBLY

LRB102 28510 HLH 40387 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5786

Introduced 11/16/2022, 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.

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Invest in Kids Act is amended by changing Section 15 as follows:

(35 ILCS 40/15)

(Section scheduled to be repealed on January 1, 2025)

Sec. 15. Approval to issue certificates of receipt.

(a) A scholarship granting organization shall submit an application for approval to issue certificates of receipt in the form and manner prescribed by the Department, provided that each application shall include:

(1) documentary evidence that the scholarship granting organization has been granted an exemption from taxation under Section 501(c)(3) of the Internal Revenue Code;

(2) certification that all qualified contributions and any income derived from qualified contributions are deposited and held in an account that is separate from the scholarship granting organization's operating or other funds until such qualified contributions or income are withdrawn for use;

(3) certification that the scholarship granting organization will use at least 95% of its annual revenue from qualified contributions for scholarships;

(4) certification that the scholarship granting organization will provide scholarships to eligible students;

(5) a list of the names and addresses of all members of the governing board of the scholarship granting organization; and

(6) a copy of the most recent financial audit of the scholarship granting organization's accounts and records conducted by an independent certified public accountant in accordance with auditing standards generally accepted in the United States, government auditing standards, and rules adopted by the Department.

(b) A scholarship granting organization whose owner or operator in the last 7 years has filed for personal bankruptcy or corporate bankruptcy in a corporation of which he or she owned more than 20% shall not be eligible to provide scholarships.

(c) A scholarship granting organization must not have an owner or operator who owns or operates a qualified school or has a family member who is a paid staff or board member of a participating qualified school.

(d) A scholarship granting organization shall comply with the anti-discrimination provisions of 42 U.S.C. 2000d.

(d-5) A scholarship granting organization shall refrain from discrimination based on actual, perceived, or identified gender identity or sexuality when awarding scholarships.

(e) The Department shall review and either approve or deny each application to issue certificates of receipt pursuant to this Act. Approval or denial of an application shall be made on a periodic basis. Applicants shall be notified of the Department's determination within 30 business days after the application is received.

(f) No scholarship granting organization shall issue any certificates of receipt without first being approved to issue certificates of receipt.

(Source: P.A. 100-465, eff. 8-31-17.)

Section 99. Effective date. This Act takes effect upon becoming law.