Illinois Lawmakers Ignore Due Process

On February 9th, 2017 Representative Norine Hammond filed what would become an even bigger laughing stock than the Trampoline Safety Act      Not only does the bill violate our due process rights, it is also completely redundant as well as very insightful to the current state of our general assembly.

HB2812 reads as follows:

1     AN ACT concerning public aid.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Illinois Public Aid Code is amended by
5 changing Section 10-3.3 as follows:
6     (305 ILCS 5/10-3.3)
7     Sec. 10-3.3. Locating support obligor and others;
8 penalties.
9     (a) Upon request by the Child and Spouse Support Unit,
10 employers, labor unions, cellular telephone companies, and
11 telephone companies shall provide location information
12 concerning putative fathers and noncustodial parents for the
13 purpose of establishing a child's paternity or establishing,
14 enforcing, or modifying a child support obligation. In this
15 Section, "location information" means information about (i)
16 the physical whereabouts, including, but not limited to, the
17 home address, home telephone number, cellular telephone
18 number, and e-mail address of a putative father or noncustodial
19 parent, (ii) the putative father or noncustodial parent's
20 employer, or (iii) the salary, wages, and other compensation
21 paid and the health insurance coverage provided to the putative
22 father or noncustodial parent by the employer of the putative
23 father or noncustodial parent or by a labor union of which the
HB2812 Enrolled – 2 – LRB100 06426 KTG 16465 b
1 putative father or noncustodial parent is a member. As used in
2 this Section, "cellular telephone company" includes a cellular
3 telephone or wireless carrier or provider, but does not include
4 a pre-paid wireless carrier or provider. As used in this
5 Section, "physical whereabouts" does not include real time or
6 historical location tracking information.
7     An employer, labor union, cellular telephone company, or
8 telephone company shall respond to the request of the Child and
9 Spouse Support Unit within 15 days after receiving the request.
10 Any employer, labor union, cellular telephone company, or
11 telephone company that willfully fails to fully respond within
12 the 15-day period shall be subject to a penalty of $100 for
13 each day that the response is not provided to the Illinois
14 Department after the 15-day period has expired. The penalty may
15 be collected in a civil action, which may be brought against
16 the employer, labor union, cellular telephone company, or
17 telephone company in favor of the Illinois Department.
18     (b) Upon being served with an administrative subpoena as
19 authorized under this Code, a utility company or cable
20 television company must provide location information to the
21 Child and Spouse Support Unit for the purpose of establishing a
22 child's paternity or establishing, enforcing, or modifying a
23 child support obligation.
24     (c) Notwithstanding the provisions of any other State or
25 local law to the contrary, an employer, labor union, cellular
26 telephone company, telephone company, utility company,

First lets look to the obvious.

“Adds cellular telephone companies to the list of persons and entities that are required to provide, upon request by the Child and Spouse Support Unit,”. Wait what was that? Did they say that your “cellular telephone company upon request” by who? Child and Spouse Support Unit? You mean there doesn’t need to be a judicial order? What is it exactly that your cell phone carrier or provider is supposed provide to this agency without a judicial order? “Location Information” So state actors have been granted the power to do exactly what our constitution restricts them from doing?

Although the word “privacy” is actually never used in the text of the United States Constitution, there are Constitutional limits to the government’s intrusion into individuals’ right to privacy. This is true even when pursuing a public purpose such as exercising police powers or passing legislation. The Constitution, however, only protects against state actors. Invasions of privacy by individuals can only be remedied under previous court decisions.

The Fourth Amendment to the Constitution of the United States ensures that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”.

The First Amendment protects the right to free assembly, broadening privacy rights. The Ninth Amendment declares that the fact that a right is not explicitly mentioned in the Constitution does not mean that the government can infringe on that right. The Supreme Court recognized the Fourteenth Amendment as providing a substantive due process right to privacy. This was first recognized by several Supreme Court Justices in Griswold v. Connecticut, a 1965 decision protecting a married couple’s rights to contraception.

Now here is the comical part, the Senate amendment to this bill completely cancelled out what the house passed, let me tell you how.

“Senate Committee Amendment No. 1
Further amends the Illinois Public Aid Code. Provides that “cellular telephone company” includes a cellular telephone or wireless carrier or provider, but does not include a pre-paid wireless carrier or provider.”

 

We have four cellular carriers and hundreds of providers in the U.S.

Every provider in the country offers pre-paid services and operates under one of the four carriers which also are all pre-paid carriers.

Therefore  the bill includes all carriers and providers, then excludes all carriers and providers in the same sentence. This bill passed the House 97-1 and the Senate 53-0.

Aside from those not voting every single legislator in the ILGA voted yes not only for unconstitutional legislation but unconstitutional legislation that isn’t even enforceable. Just wait until  Illinois tries to enforce a penalty against AT&T or Verizon, their lawyers are going to have a field day making a mockery of the ILGA and leaving their reputation in ill repute. Oh, wait perhaps they have already done that to themselves.

They may tell you that I lack the experience and the education to serve in the ILGA, but remember they all voted yes to this bill and it took me all of about two minutes to point out the flaws in their legislation.

 

 

2 Comments

  1. Thank You General Motors. It’s high time the common folk take a stand and return the power back to the people! My father was a working man and instilled those values in me. He never stopped working and neither will I. We must return Illinois to the manufacturing giant we used to be and give our middle class hope again.
    Thanks for dropping a line, together we can restore our great state to the governed!

    “Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it’s the only thing that ever has.” ~Margaret Mead

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