SB2548sam001 93RD GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 2/24/2004

09300SB2548sam001 LRB093 19533 RAS 47907 a

AMENDMENT TO SENATE BILL 2548

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

on page 3, by replacing line 23 with the following: "not preempt or preclude additional appropriate civil or criminal penalties."; and

on page 3, line 36, after "matters", by inserting "or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law"; and

on page 4, by replacing lines 16 and 17 with the following:

"(e) No notary public who is not an attorney or an accredited representative shall accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law."; and

on page 5, by replacing lines 4 through 16 with the following: "who is not an attorney or an accredited representative filling out immigration legalization forms or applications related to the Immigration Reform and Control Act of 1986 shall be limited to the following as follows:

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

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

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

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

(5) A maximum of $75 for one complete application $3 to execute any procedures necessary to obtain a document required to complete legalization forms."; and

on page 5, by replacing lines 18 through 20 with the following: "application fees required to be submitted with immigration applications a legalization application in conformity with the Immigration and Control Act of 1986."; and

on page 5, line 34, after "subsection", by inserting "within 90 days of receipt of a complaint,"; and

on page 6, by replacing lines 17 and 18 with the following: "that arises under action of the United States Citizenship and Immigration Services Immigration and Naturalization Service, the United States Department of Labor,"; and

on page 6, by replacing lines 20 through 23 with the following:

""Immigration assistance service" means any advice, guidance, information, or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action, or providing any other assistance that requires legal analysis, legal judgment, or interpretation of the law relating to any immigration matter."; and

on page 9, by replacing lines 7 through 11 with the following:

"Fees for a notary public, agency, or any other person who is not an attorney or an accredited representative filling out immigration forms shall be limited to the maximum fees set forth in subsections (a) and (b) of Section 3-104 of the Notary Public Act (5 ILCS 312/3-104) The Attorney General may promulgate rules establishing maximum fees that may be charged for the services described in this subsection. The maximum fees must be reasonable in light of the costs of providing those services and the degree of professional skill required to provide the services."; and

on page 11, by replacing lines 2 through 4 with the following:

"Any person who provides or offers immigration assistance service and is not exempted from this Section shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material,"; and

on page 11, by replacing lines 16 through 21 with the following:

"If not subject to penalties under subsection (a) of Section 3-103 of the Notary Public Act (5 ILCS 312/3-103), violations of this subsection shall result in a fine of $1,000. Violations shall not preempt or preclude additional appropriate civil or criminal penalties."; and

on page 11, line 30, after "services", by inserting "who is not exempted under this Section"; and

on page 12, by replacing lines 1 and 2 with the following:

"(2.5) Accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law."; and

on page 12, by replacing lines 20 through 23 with the following:

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