Rep. Michael T. Marron

Amends the Firearm Owners Identification Card Act. Provides that a unit of local government, including a home rule unit, may not impose a tax, fee, or other assessment other than a retailers' occupation tax rate for goods on a firearm, firearm attachment, or firearm ammunition. Provides that the provisions of any ordinance or resolution, in effect or adopted, on or after the effective date of the amendatory Act by any unit of local government, including a home rule unit, that imposes a tax, fee, or other assessment other a retailers' occupation tax rate for goods on a firearm, firearm attachment, or firearm ammunition are invalid and void. Effective immediately.

Creates the Eviction Moratorium Clarification Act. Provides that in any eviction moratorium issued by the Governor through Executive Order or legislation passed by the General Assembly, the moratorium shall not prohibit the eviction of specified individuals. Provides that evictions may be filed, commenced, and enforced against the specified individuals, along with any individuals who otherwise fail to meet the stated requirements of an eviction moratorium. Provides that in a rental or lease agreement in which utility payments are included in the rent payment, the landlord or property manager shall not be responsible for a tenant's portion of a monthly utility payment for a tenant not paying rent who is protected by an eviction moratorium if the utility charges for that tenant are for more than 20% higher usage than any month in the previous year. Effective immediately.

Amends the Counties Code. Provides that each county shall hire or contract with an inspector general by January 1, 2023. Provides that the inspector general shall have jurisdiction over all county employees, including, but not limited to, part-time, full-time, and contracted employees. Provides that the inspector general shall be responsible for investigating violations of an ordinance or resolution adopted pursuant to the State Officials and Employees Ethics Act. Provides that the inspector general may issue findings of violation to the county board and place a copy of the findings on the county website. Effective immediately.

Amends the Illinois Income Tax Act. Creates an income tax credit in an amount equal to the foster care expenses, not to exceed $1,000 in any taxable year, paid or incurred by the taxpayer with respect to a qualified dependent child. Provides that the credit may be prorated. Effective immediately.

Amends the State Mandates Act. Provides that any State mandate regarding any subject matter enacted on or after the effective date of this amendatory Act that necessitates additional expenditures from local government revenues shall be void and unenforceable unless the General Assembly makes necessary appropriations to implement that mandate. Provides that the failure of the General Assembly to make necessary appropriations shall relieve the local government of the obligation to implement any State mandate. Makes conforming changes. Effective immediately.

Urges the Speaker of the House to request and approve the scheduling of either a House State Government Administration Committee or Personnel & Pensions Committee hearing during the November 2022 Veto Session to hear testimony from the appropriate Administration and Department of Central Management Services officials on changing to Aetna Insurance.

Amends the Nurse Agency Licensing Act. Defines "covenant not to compete". Changes the definition of "Department" to the Department of Public Health (rather than the Department or Labor). Changes the definitions of "health care facility" and "nurse". Provides that in an application for licensure under the Act: a limited liability company may apply; evidence of general professional liability insurance in the amount of at least $1,000,000 (instead of $500,000) is required per incident and $3,000,000 (instead of $1,000,000) is required for workers' compensation coverage; and there is an application fee of $2,000. Provides that collected fees shall be deposited in the State treasury and credited to the Nursing Dedicated and Professional Fund. Provides that for the renewal of licensure, the licensee shall submit an attestation detailing the number of contracted shifts, number of shifts missed, and number of shifts fulfilled for the 3 quarters preceding the application. Provides that an application for a license may be denied for the failure to develop and implement contingency staffing plans to minimize missed shifts. Provides that nurse agencies who knowingly employ, assign, or refer to a health care facility a nurse or certified nurse aid with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, or background study constitutes negligent hiring and is grounds for suspension, revocation, or refusal to issue or renew a license. Provides that the Department shall establish updated minimum standards. Provides that nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides. Provides that a nurse agency's maximum rate for services provided to a health care facility by a nurse or certified nurse aide may not exceed 130% of the regional average hourly wage for each staffing position. Provides that the Department shall establish a system of reporting complaints against a health care staffing agency or its employees. Increases the civil penalty for violation of the Act to $10,000 per occurrence (currently $1,000 per day for each violation). Makes other changes.

Amends the Firearm Owners Identification Card Act. Provides that for any appeal permitted under the Act to the Director of the Illinois State Police for failure to act on a Firearm Owner's Identification Card application within 30 days or its denial, seizure, or revocation, the Director shall either grant or deny the appeal within 60 days of the receipt of the appeal. Provides that if the appeal is granted, the Director shall return the aggrieved party's Firearm Owner's Identification Card to the aggrieved party, or issue him or her a new Firearm Owner's Identification Card, as the case may be, no later than 7 business days after the appeal is granted. Provides that if the appeal is denied, the Director shall set forth in writing the specific reasons for the denial and shall cause the written denial to be mailed to the aggrieved party no later than 7 business days after the appeal is denied. Provides that if the Director fails to either grant or deny the appeal within 60 days of the receipt of the appeal, the appeal shall be considered granted, and the Director shall return the aggrieved party's Firearm Owner's Identification Card or issue him or her a new Firearm Owner's Identification Card, as the case may be, no later than 67 days from the date that the appeal was received. Provides that a denial shall be considered a final administrative order, regardless of whether there was a formal hearing in which evidence was taken, and the aggrieved party may seek judicial review of the final administrative order in accordance with the provisions of the Administrative Review Law and the Act. Provides that if administrative review is taken and if the circuit court then finds that the Director denied the appeal without reasonable cause, the circuit court may award the aggrieved party court costs and a reasonable attorney's fee to be paid by the State. Nothing herein limits the contempt power of the circuit court. Provides that when the word "shall" appears in this provision, it shall be construed as being mandatory and not discretionary.

Amends the Illinois Emergency Management Agency Act. Provides that in any 12-month period the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation and which the Governor must follow. Provides that the Governor shall have no authority to amend or change the language of the proclamation as approved by joint resolution.

Amends the Code of Civil Procedure. Provides that a defendant in an action alleging malpractice or negligence against an architect, engineer, or surveyor may request an affidavit of merit within 56 days after the complaint or notice of the action is served on the defendant. Provides that within 56 days after a request for an affidavit of merit is made, the plaintiff in the action shall file an affidavit of merit signed by an individual who the plaintiff reasonably believes meets certain requirements. Provides that the court may grant one extension of time for filing an affidavit of merit. Provides for dismissal of an action, with or without prejudice. Provides that a defendant's objection to an affidavit of merit shall be raised in a motion filed within 90 days after the affidavit of merit is served. Provides that if the court determines that an affidavit of merit does not fully comply with the requirements, the court shall allow the plaintiff 56 days to file one or more affidavits of merit that correct the deficiencies identified by the court. Provides that a defendant shall participate in discovery in the action as required by court rules. Provides that an affidavit of merit is not required in an action for breach of contract against an architect, engineer, or surveyor that does not involve the standard of care.