Sen. Martin A. Sandoval
Filed: 2/24/2004
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2548 




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    AMENDMENT NO. ______. Amend Senate Bill 2548 on page 2, by 
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replacing line 13 with the following:
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"canceled  during the past 10 years"; and



 
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on page 3, by replacing line 23 with the following:
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"not preempt or preclude additional appropriate civil or 
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criminal penalties."; and 
 
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on page 3, line 36, after "matters", by inserting "or provide 
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any other assistance that requires legal analysis, legal 
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judgment, or interpretation of the law"; and
 
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on page 4, by replacing lines 16 and 17 with  the following:
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    "(e) No notary public who is not an attorney or an 
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accredited representative shall accept payment in exchange for 
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providing legal advice or any other assistance that requires 
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legal analysis, legal judgment, or interpretation of the law."; 
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and
 
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on page 5, by replacing lines 4 through 16 with the following:
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"who is not
an attorney or an accredited representative filling 
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out immigration
legalization forms or applications related to 
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the
Immigration Reform and Control Act of 1986 shall be limited 
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to the following
as follows:

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    (1) $10 per form completion
$75 per person;

 


 






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    (2) $10 per page for the translation of a non-English 
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language into English where such translation is required for 
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immigration forms
$75 per person up to 4 persons per immediate 
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family, with no additional charge for a
fifth or subsequent 
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person where all persons are legally related;

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    (3) $1 for notarizing
$10 per page for the translation of a 
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non-English language into
English where such translation is 
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required for legalization forms;

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    (4) $3 to execute any procedures necessary to obtain a 
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document required to complete immigration forms
$1 for 
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notarizing; and

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    (5) A maximum of $75 for one complete application
$3 to 
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execute any procedures necessary to obtain a document required

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to complete legalization forms."; and
 
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on page 5, by replacing lines 18 through 20 with the following:
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"application fees
required to be submitted with immigration 
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applications
a legalization application in conformity
with the 
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Immigration and Control Act of 1986."; and
 
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on page 5, line 34, after "subsection", by inserting "within 90 
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days of receipt of a complaint,"; and
 
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on page 6, by replacing lines 17 and 18 with the following:
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"that arises under action of the United States Citizenship and 
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Immigration Services
Immigration and
Naturalization Service, 
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the United States Department of Labor,"; and
 
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on page 6, by replacing lines 20 through 23 with the following:
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    ""Immigration assistance service" means any advice, 
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guidance, information,
or action provided or offered to 
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customers or prospective customers related to immigration 
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matters, excluding legal advice, recommending a specific 
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course of legal action, or providing any other assistance that 
 


 






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requires legal analysis, legal judgment, or interpretation of 
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the law
relating
to any immigration matter."; and
 
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on page 9, by replacing lines 7 through 11 with the following:
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    "Fees for a notary public, agency, or any other person who 
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is not an attorney or an accredited representative filling out 
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immigration forms shall be limited to the maximum fees set 
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forth in subsections (a) and (b) of Section 3-104 of the Notary 
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Public Act (5 ILCS 312/3-104)
The Attorney General may 
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promulgate rules establishing maximum fees that
may
be charged 
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for the services described in this subsection.  The maximum fees

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must be reasonable in light of the costs of providing those 
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services and the
degree of professional skill required to 
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provide the services."; and
 
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on page 11, by replacing lines 2 through 4 with the following:
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    "Any person who provides or offers immigration assistance 
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service and is not exempted from this Section shall not, in any 
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document, advertisement, stationery, letterhead, business 
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card, or other comparable written material,"; and
 
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on page 11, by replacing lines 16 through 21 with the 
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following:
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    "If not subject to penalties under subsection (a) of 
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Section 3-103 of the Notary Public Act (5 ILCS 312/3-103), 
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violations of this subsection shall result in a fine of $1,000.  
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Violations shall not preempt or preclude additional 
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appropriate civil or criminal penalties."; and 
 
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on page 11, line 30, after "services", by inserting "who is not 
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exempted under this Section"; and
 
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on page 12, by replacing lines 1 and 2 with the following:
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    "(2.5) Accept payment in exchange for providing legal 
 


 






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advice or any other assistance that requires legal analysis, 
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legal judgment, or interpretation of the law."; and
 
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on page 12, by replacing lines 20 through 23 with the 
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following:

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        "(5) Provide
Give any legal advice, recommend a 
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specific course of legal action, or provide any other 
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assistance that requires legal analysis, legal judgment, 
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or interpretation of the law
concerning an immigration 
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matter.".