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Sen. John J. Cullerton
Filed: 3/2/2007
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| AMENDMENT TO SENATE BILL 148
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| AMENDMENT NO. ______. Amend Senate Bill 148 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Attorney Act is amended by changing Section |
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| 1 as follows:
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| (705 ILCS 205/1) (from Ch. 13, par. 1)
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| Sec. 1. No person shall be permitted to practice as an |
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| attorney or
counselor at law within this State without having |
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| previously obtained a
license for that purpose from the Supreme |
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| Court of this State.
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| No person shall receive any compensation directly or |
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| indirectly for any
legal services other than a regularly |
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| licensed attorney, nor may an unlicensed person advertise or |
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| hold himself or herself out to provide legal services.
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| A license, as provided for herein, constitutes the person |
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| receiving the
same an attorney and counselor at law, according |
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| to the law and customs
thereof, for and during his good |
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| behavior in the practice and authorizes
him to demand and |
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| receive fees for any services which he may render as an
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| attorney and counselor at law in this State. No person shall be |
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| granted
a license or renewal authorized by this Act who has |
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| defaulted on an
educational loan guaranteed by the Illinois |
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| Student Assistance Commission;
however, a license or renewal |
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| may be issued to the aforementioned persons
who have |
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| established a satisfactory repayment record as determined by |
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| the
Illinois Student Assistance Commission.
No person shall be |
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| granted a license or renewal authorized by this Act who is
more |
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| than 30 days delinquent in complying with a child support |
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| order; a license
or renewal may be issued, however, if the |
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| person has
established a satisfactory repayment record as |
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| determined (i) by the Department of Healthcare and Family |
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| Services (formerly Illinois
Department of Public Aid) for cases |
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| being enforced under Article X of the
Illinois Public Aid Code |
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| or (ii) in all other cases by order of court or by
written |
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| agreement between the custodial parent and non-custodial |
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| parent.
No person shall be refused a license under this Act on |
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| account of sex.
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| Any person practicing, charging or receiving fees for legal |
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| services
or advertising or holding himself or herself out to |
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| provide legal services within this State, either directly or |
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| indirectly, without being licensed to
practice as herein |
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| required, is guilty of contempt of court and shall be
punished |
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| accordingly, upon complaint being filed in any Circuit Court of
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| this State. The remedies available include, but are not limited |
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| to: (i) appropriate equitable relief; (ii) a civil penalty not |
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| to exceed $5,000, which shall be paid to the Illinois Equal |
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| Justice Foundation; and (iii) actual damages. Such proceedings |
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| shall be conducted in the Courts of the
respective counties |
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| where the alleged contempt has been committed in the
same |
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| manner as in cases of indirect contempt and with the right of |
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| review
by the parties thereto.
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| The provisions of this Act shall be in addition to other |
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| remedies
permitted by law and shall not be construed to deprive |
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| courts of this State
of their inherent right to punish for |
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| contempt or to restrain the
unauthorized practice of law.
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| Nothing in this Act shall be construed to conflict with, |
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| amend, or modify Section 5 of the Corporation Practice of Law |
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| Prohibition Act or prohibit representation of a
party by a |
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| person who is not an attorney in a proceeding before either |
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| panel
of the Illinois Labor Relations Board under the Illinois |
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| Public Labor Relations Act, as now or
hereafter amended, the |
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| Illinois Educational Labor Relations Board under the
Illinois |
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| Educational Labor Relations Act, as now or hereafter amended, |
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| the
State Civil Service Commission, the local Civil Service |
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| Commissions, or the
University Civil Service Merit Board, to |
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| the extent allowed pursuant to
rules and regulations |
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| promulgated by those Boards and Commissions or the giving of |
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| information, training, or advocacy or assistance in any |
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| meetings or administrative proceedings held pursuant to the |
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| federal Individuals with Disabilities Education Act, the |
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| federal Rehabilitation Act of 1973, the federal Americans with |
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| Disabilities Act of 1990, or the federal Social Security Act, |
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| to the extent allowed by those laws or the federal regulations |
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| or State statutes implementing those laws.
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| (Source: P.A. 94-659, eff. 1-1-06; revised 12-15-05.)".
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