Full Text of HB4807 093rd General Assembly
HB4807 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4807
Introduced 02/04/04, by Rosemary Mulligan SYNOPSIS AS INTRODUCED: |
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Amends the Consumer Fraud and Deceptive Business Practices Act. Makes a technical change in a Section concerning immigration services.
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A BILL FOR
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HB4807 |
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LRB093 16305 RXD 41943 b |
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| AN ACT concerning business transactions.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Consumer Fraud and Deceptive Business | 5 |
| Practices Act is amended by changing Section 2AA as follows:
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| (815 ILCS 505/2AA)
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| Sec. 2AA. Immigration services.
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| (a) "Immigration matter" means any proceeding, filing, or | 9 |
| action
affecting the nonimmigrant, immigrant or citizenship | 10 |
| status of any person
that arises under immigration and | 11 |
| naturalization law, executive order or
presidential | 12 |
| proclamation of the United States or any foreign country, or
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| that arises under action of the United States Immigration and
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| Naturalization Service, the United States Department of Labor, | 15 |
| or the
United States Department of State.
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| "Immigration assistance service" means any advice, | 17 |
| guidance, information,
or action provided or offered to | 18 |
| customers or prospective customers relating
to any immigration | 19 |
| matter.
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| "Compensation" means money, property, services, promise of | 21 |
| payment,
or anything else of value.
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| "Employed by" means that a person is on the payroll of the | 23 |
| employer
and the employer deducts from the employee's paycheck | 24 |
| social security and
withholding taxes, or receives | 25 |
| compensation from the employer on a
commission basis or as an | 26 |
| independent contractor.
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| "Reasonable costs" means actual costs or, if actual costs | 28 |
| cannot be
calculated, reasonably estimated costs of such things | 29 |
| as photocopying,
telephone calls, document requests, and | 30 |
| filing fees for immigration forms,
and other nominal costs | 31 |
| incidental to assistance
in an immigration matter.
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| (a-1) The General Assembly finds and declares that private |
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| individuals who
assist persons with immigration matters have a | 2 |
| significant impact on the
ability of their clients to reside | 3 |
| and work within the United States and to
establish and maintain | 4 |
| stable families and business relationships. The General
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| Assembly further finds that this
that assistance and its impact | 6 |
| also have a
significant effect on the cultural, social, and | 7 |
| economic life of the State of
Illinois and thereby | 8 |
| substantially affect the public interest. It is the
intent of | 9 |
| the General Assembly to establish rules of practice and conduct | 10 |
| for
those individuals to promote honesty and fair dealing with | 11 |
| residents and to
preserve public confidence.
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| (a-5) The following persons are exempt from this Section, | 13 |
| provided they
prove the exemption by a preponderance of the | 14 |
| evidence:
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| (1) An attorney licensed to practice law in any state | 16 |
| or territory of
the United States, or of any foreign | 17 |
| country when authorized by the
Illinois Supreme Court, to | 18 |
| the extent the attorney renders immigration
assistance | 19 |
| service in the course of his or her practice as an | 20 |
| attorney.
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| (2) A legal intern, as described by the rules of the | 22 |
| Illinois Supreme
Court, employed by and under the direct | 23 |
| supervision of a licensed attorney
and rendering | 24 |
| immigration assistance service in the course of the | 25 |
| intern's
employment.
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| (3) A not-for-profit organization recognized by the | 27 |
| Board of Immigration
Appeals under 8 C.F.R. 292.2(a) and | 28 |
| employees of those organizations accredited
under 8 C.F.R. | 29 |
| 292.2(d).
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| (4) Any organization employing or desiring to employ an | 31 |
| alien or
nonimmigrant alien, where the organization, its | 32 |
| employees or its agents
provide advice or assistance in | 33 |
| immigration matters to alien or nonimmigrant
alien | 34 |
| employees or potential employees without compensation from | 35 |
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individuals to whom such advice or assistance is | 36 |
| provided.
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| Nothing in this Section shall regulate any business to the | 2 |
| extent
that such regulation is prohibited or preempted by State | 3 |
| or federal law.
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| All other persons providing or offering to provide | 5 |
| immigration
assistance service shall be subject to this | 6 |
| Section.
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| (b) Any person who provides or offers to provide | 8 |
| immigration assistance
service may perform only the following | 9 |
| services:
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| (1) Completing a government agency
form, requested by | 11 |
| the customer and appropriate to the customer's
needs,
only | 12 |
| if the completion of that form does not involve a legal
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| judgment
for that particular matter.
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| (2) Transcribing responses to a government agency form | 15 |
| which is
related to an immigration matter, but not advising | 16 |
| a customer as to his or
her answers on those forms.
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| (3) Translating information on forms to a customer and | 18 |
| translating the
customer's answers to questions posed on | 19 |
| those forms.
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| (4) Securing for the customer supporting documents | 21 |
| currently in
existence, such as birth and marriage | 22 |
| certificates, which may be needed to
be submitted with | 23 |
| government agency forms.
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| (5) Translating documents from a foreign language into | 25 |
| English.
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| (6) Notarizing signatures on government agency forms, | 27 |
| if the person
performing the service is a notary public of | 28 |
| the State of Illinois.
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| (7) Making referrals, without fee, to attorneys who | 30 |
| could undertake
legal representation for a person in an | 31 |
| immigration matter.
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| (8) Preparing or arranging for the preparation of | 33 |
| photographs and
fingerprints.
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| (9) Arranging for the performance of medical testing
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| (including X-rays and AIDS tests) and the obtaining of | 36 |
| reports of such test
results.
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| (10) Conducting English language and civics courses.
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| (11) Other services that the Attorney General | 3 |
| determines by rule may be
appropriately performed by such | 4 |
| persons in light of the purposes of this
Section.
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| The Attorney General may promulgate rules establishing | 6 |
| maximum fees that
may
be charged for the services described in | 7 |
| this subsection. The maximum fees
must be reasonable in light | 8 |
| of the costs of providing those services and the
degree of | 9 |
| professional skill required to provide the services.
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| No person subject to this Act shall charge fees directly or
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| indirectly for referring an individual to an attorney or for | 12 |
| any
immigration matter not authorized by this Article, provided | 13 |
| that a person may
charge a fee for notarizing documents as | 14 |
| permitted by the Illinois Notary
Public Act.
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| (c) Any person performing such services shall register with | 16 |
| the Illinois
Attorney General and submit verification of | 17 |
| malpractice insurance or of a
surety bond.
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| (d) Except as provided otherwise in this subsection, before | 19 |
| providing
any
assistance in an immigration matter a person | 20 |
| shall provide the customer with
a written contract that | 21 |
| includes the following:
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| (1) An explanation of the services to be performed.
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| (2) Identification of all compensation and costs to be | 24 |
| charged to the
customer for the services to be performed.
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| (3) A statement that documents submitted in support of | 26 |
| an application
for nonimmigrant, immigrant, or | 27 |
| naturalization status may not be retained
by the person for | 28 |
| any purpose, including payment of compensation or costs.
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| This subsection does not apply to a not-for-profit | 30 |
| organization that
provides advice or assistance in immigration | 31 |
| matters to clients without charge
beyond a reasonable fee to | 32 |
| reimburse the organization's or clinic's reasonable
costs | 33 |
| relating to providing immigration services to that client.
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| (e) Any person who provides or offers immigration | 35 |
| assistance service and
is not exempted from this Section, shall | 36 |
| post signs at his or her place of
business, setting forth |
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| information in English and in every other language in
which the
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| person provides or offers to provide immigration assistance | 3 |
| service. Each
language shall be on a separate sign. Signs shall | 4 |
| be posted in a location
where the signs will be visible to | 5 |
| customers. Each sign shall be at least
11 inches by 17 inches, | 6 |
| and shall contain the following:
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| (1) The statement "I AM NOT AN ATTORNEY LICENSED TO | 8 |
| PRACTICE LAW AND
MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES | 9 |
| FOR LEGAL ADVICE."
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| (2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU | 11 |
| BEFORE THE
UNITED STATES IMMIGRATION AND NATURALIZATION | 12 |
| SERVICE AND THE IMMIGRATION
BOARD OF APPEALS."
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| (3) The fee schedule.
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| (4) The statement that "You may cancel any contract
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| within 3 working days and get your money back for services | 16 |
| not performed."
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| (5) Additional information the Attorney General may | 18 |
| require by rule.
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| Every person engaged in immigration assistance service who | 20 |
| is not an
attorney who advertises immigration assistance | 21 |
| service in a language other
than English, whether by radio, | 22 |
| television, signs, pamphlets, newspapers,
or other written | 23 |
| communication, with the exception of a single desk plaque,
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| shall post or otherwise include with such advertisement a | 25 |
| notice in English
and the language in which the advertisement | 26 |
| appears. This notice shall be
of a conspicuous size, if in | 27 |
| writing, and shall state: "I AM NOT AN
ATTORNEY LICENSED TO | 28 |
| PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT
FEES FOR | 29 |
| LEGAL ADVICE." If such advertisement is by radio or television,
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| the statement may be modified but must include substantially | 31 |
| the same message.
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| Literal translation of the word "licensed" into a language | 33 |
| other
than English is prohibited. For the purposes of this | 34 |
| Section, "literal
translation" of a word or phrase from one | 35 |
| language to another means the
translation of a word or phrase | 36 |
| without regard to the true meaning of the
word or phrase in the |
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| language which is being translated.
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| (f) The written contract shall be in both English and in | 3 |
| the language
of the customer.
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| (g) A copy of the contract shall be provided to the | 5 |
| customer upon the
customer's execution of the contract.
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| (h) A customer has the right to rescind a contract within | 7 |
| 72 hours after
his or her signing of the contract.
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| (i) Any documents identified in paragraph (3) of subsection | 9 |
| (c) shall be
returned upon demand of the customer.
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| (j) No person engaged in providing immigration services | 11 |
| shall do any
of the following:
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| (1) Make any statement that the person can or will | 13 |
| obtain special favors
from or has special influence with | 14 |
| the United States Immigration and
Naturalization Service | 15 |
| or any other government agency.
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| (2) Retain any compensation for service not performed.
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| (3) Refuse to return documents supplied by, prepared on | 18 |
| behalf of, or paid
for by the customer upon the request of | 19 |
| the customer. These documents must be
returned upon request | 20 |
| even if there is a fee dispute between the immigration
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| assistant and the customer.
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| (4) Represent or advertise, in connection with the | 23 |
| provision assistance
in immigration matters, other titles | 24 |
| of credentials, including but not
limited to "notary | 25 |
| public" or "immigration consultant," that could cause a
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| customer to believe that the person possesses special | 27 |
| professional skills or
is authorized to provide advice on | 28 |
| an immigration matter; provided that a
notary public | 29 |
| appointed by the Illinois Secretary of State may use the | 30 |
| term
"notary public" if the use is accompanied by the | 31 |
| statement that the person
is not an attorney;
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| (5) Give any legal advice concerning an immigration | 33 |
| matter.
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| (6) Make any misrepresentation of false statement, | 35 |
| directly or
indirectly, to influence, persuade, or induce | 36 |
| patronage.
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| (k) (Blank)
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| (l) (Blank)
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| (m) Any person who violates any provision
of this Section, | 4 |
| or the rules and regulations issued
under this Section, shall | 5 |
| be guilty of a Class A misdemeanor for a first
offense and a | 6 |
| Class 3 felony for a second or subsequent offense committed
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| within 5 years of a previous conviction for the same offense.
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| Upon his or her own information or upon the complaint of | 9 |
| any person, the
Attorney General or any State's Attorney, or a | 10 |
| municipality with a
population of more than 1,000,000, may | 11 |
| maintain an action for injunctive
relief and also seek a civil | 12 |
| penalty not exceeding $50,000 in the circuit court
against any | 13 |
| person who violates any provision of
this Section. These | 14 |
| remedies are in addition to, and not in substitution
for, other | 15 |
| available remedies.
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| If the Attorney General or any State's Attorney or a | 17 |
| municipality
with a population of more than 1,000,000 fails to | 18 |
| bring an action as
provided under this Section any person may | 19 |
| file a civil action to
enforce the provisions of this Article | 20 |
| and maintain an action for
injunctive relief or for such | 21 |
| additional relief as may be appropriate to
deter, prevent, or | 22 |
| compensate for the violation.
In order to deter violations of | 23 |
| this Section, courts shall not require a
showing of the | 24 |
| traditional elements for equitable relief. A prevailing
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| plaintiff may be awarded punitive damages, attorney's fees, and | 26 |
| costs of
bringing an action under this Section.
It is the | 27 |
| express intention
of the General Assembly that remedies for | 28 |
| violation of this Section be
cumulative.
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| (n) No unit of local government, including any home rule | 30 |
| unit, shall have
the authority to regulate immigration | 31 |
| assistance services unless such
regulations are at least as | 32 |
| stringent as those contained in this amendatory
Act of 1992. It | 33 |
| is declared to be the law of this State, pursuant to
paragraph | 34 |
| (i) of Section 6 of Article VII of the Illinois Constitution of
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| 1970, that this amendatory Act of 1992 is a limitation on the | 36 |
| authority of a
home rule unit to exercise powers concurrently |
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| with the State. The
limitations of this Section do not apply to | 2 |
| a home rule unit that has,
prior to the effective date of this | 3 |
| amendatory Act, adopted an ordinance
regulating immigration | 4 |
| assistance services.
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| (o) This Section is severable under Section 1.31 of the | 6 |
| Statute on Statutes.
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| (p) The Attorney General shall issue rules not inconsistent | 8 |
| with this
Section for the implementation, administration, and | 9 |
| enforcement of this
Section by January 1, 1995. The rules may | 10 |
| provide for the following:
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| (1) The content, print size, and print style of the | 12 |
| signs required under
subsection (e). Print sizes and styles | 13 |
| may vary from language to language.
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| (2) Standard forms for use in the administration of | 15 |
| this Section.
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| (3) Any additional requirements deemed necessary.
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| (Source: P.A. 87-1211; 88-45; 88-644, eff. 9-9-94.)
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