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	<title>
	Comments on: Wisconsin, Illinois sued over prohibition on name changes for persons required to register as sex offenders	</title>
	<atom:link href="https://floridaactioncommittee.org/wisconsin-illinois-sued-over-prohibition-on-name-changes-for-persons-required-to-register-as-sex-offenders/feed/" rel="self" type="application/rss+xml" />
	<link>https://floridaactioncommittee.org/wisconsin-illinois-sued-over-prohibition-on-name-changes-for-persons-required-to-register-as-sex-offenders/</link>
	<description>Reforming Florida’s Sex Offender Registry Laws</description>
	<lastBuildDate>Thu, 02 May 2019 16:09:14 +0000</lastBuildDate>
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	<item>
		<title>
		By: Will Bassler		</title>
		<link>https://floridaactioncommittee.org/wisconsin-illinois-sued-over-prohibition-on-name-changes-for-persons-required-to-register-as-sex-offenders/comment-page-1/#comment-23231</link>

		<dc:creator><![CDATA[Will Bassler]]></dc:creator>
		<pubDate>Thu, 02 May 2019 16:09:14 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=10697#comment-23231</guid>

					<description><![CDATA[First of all on it&#039;s face it would appear that the law that denies the person the ability to change their name based on a conviction would be a bill of attainder. But secondly most states in their Constitution have a ban on the passing of special legislation or special laws and as part of that band one of the things that is covered is the ability of a person to change their name any legislative attempt to stop a person from doing this is in violation of the ban on special laws.

Local or special laws prohibited.

&lt;code&gt;              The Legislature shall not pass local or special
&lt;/code&gt;

laws in any of the following cases, that is to say:
          For granting divorces.
          Changing the names of persons or places.
          Laying  out,  opening  altering  and  working  roads or
highways.
          Vacating roads, Town plats, streets, alleys, and public
grounds.
          Locating or changing County seats.
          Regulating County and Township offices.
          Regulating the practice of Courts of Justice.
          Regulating the jurisdiction and duties of  Justices  of
the Peace, Police Magistrates and Constables.
          Providing  for  changes  of venue in civil and criminal
cases.
          Incorporating Cities, Towns and Villages,  or  changing
or amending the charter of any Town, City, or Village.
          Providing  for  the  election of Officers in Townships,
incorporated Towns or Cities.
          Summoning or empaneling Grand or Petit Juries.
          Providing for the bonding of cities, towns,  precincts,
school districts or other municipalities.
          Providing for the management of Public Schools.
          The   opening   and  conducting  of  any  election,  or
designating the place of voting.
          The sale  or  mortgage  of  real  estate  belonging  to
minors, or others under disability.
          The protection of game or fish.
          Chartering  or  licensing  ferries,  or  toll  bridges,
remitting fines, penalties or forfeitures,  creating,  increasing
and decreasing fees, percentage or allowances of public officers,
during the term for which said officers are elected or appointed.
          Changing the law of descent.
          Granting    to   any   corporation,   association,   or
individual, the right to lay down railroad  tracks,  or  amending
existing charters for such purpose.
          Granting to any corporation, association, or individual
any  special  or  exclusive  privileges,  immunity,  or franchise
whatever; PROVIDED, that notwithstanding any other provisions  of
this  Constitution,  the  Legislature  shall  have  authority  to
separately define and classify loans and  installment  sales,  to
establish  maximum  rates  within  classifications  of  loans  or
installment sales which it  establishes,  and  to  regulate  with
respect  thereto.   In all other cases where a general law can be
made applicable, no special law shall be enacted.

Source:
Neb. Const. art. III, sec. 15 (1875);
Amended 1964, Laws 1965, (Appendix),
Seventy-fourth Extraordinary Session, 1963, c. 3, sec. 1, p. 1921
3. Classification
     A legislative act can violate this provision as
special legislation (1) by creating a totally
arbitrary and unreasonable method of
classification or (2) by creating a permanently
closed class.  MAPCO Ammonia Pipeline v. State Bd. of Equal.,
238 Neb. 565, 471 N.W.2d 734 (1991).
     A classification which limits the application of the
law to a present condition, and leaves no room or opportunity for
an increase in the numbers of the class by future growth or
development, is special.  Haman v. Marsh, 237 Neb. 699,
467 N.W.2d 836 (1991).
     A legislative act can violate this provision as
special legislation in one of two ways:  (1) by creating a totally
arbitrary and unreasonable method of classification, or (2) by
creating a permanently closed class.  Haman v. Marsh, 237
Neb. 699, 467 N.W.2d 836 (1991).
     The term &quot;class legislation&quot; is a characterization
of legislation in contravention of this provision.  It is that
which makes improper discrimination by conferring privileges on a class arbitrarily selected from a large number of persons standing in the same relation to the privileges, without reasonable
distinction or substantial difference.  Haman v. Marsh,
237 Neb. 699, 467 N.W.2d 836 (1991).

Section 60-1701 contains classifications and exceptions which
are unreasonable, arbitrary, and unrelated to the public interest,
and is therefore unconstitutional and void in violation of this
section.  State v. Edmunds, 211 Neb. 380, 318 N.W.2d 859 (1982).
     Provisions of legislation creating the Local Government Revenue
Fund were unconstitutional because classifications created by
the act were arbitrary and unreasonable closed classifications
in that they prevented a county from moving from one classification
to another and the legislation was, therefore, a special law
as to each of the state&#039;s counties.  State ex rel. Douglas v.
Marsh, 207 Neb. 598, 300 N.W.2d 181 (1980).

Arbitrary classification may result in special legislation.
United Community Services v. Omaha Nat. Bank, 162 Neb. 786,
77 N.W.2d 576 (1956).]]></description>
			<content:encoded><![CDATA[<p>First of all on it&#8217;s face it would appear that the law that denies the person the ability to change their name based on a conviction would be a bill of attainder. But secondly most states in their Constitution have a ban on the passing of special legislation or special laws and as part of that band one of the things that is covered is the ability of a person to change their name any legislative attempt to stop a person from doing this is in violation of the ban on special laws.</p>
<p>Local or special laws prohibited.</p>
<p><code>              The Legislature shall not pass local or special<br />
</code></p>
<p>laws in any of the following cases, that is to say:<br />
          For granting divorces.<br />
          Changing the names of persons or places.<br />
          Laying  out,  opening  altering  and  working  roads or<br />
highways.<br />
          Vacating roads, Town plats, streets, alleys, and public<br />
grounds.<br />
          Locating or changing County seats.<br />
          Regulating County and Township offices.<br />
          Regulating the practice of Courts of Justice.<br />
          Regulating the jurisdiction and duties of  Justices  of<br />
the Peace, Police Magistrates and Constables.<br />
          Providing  for  changes  of venue in civil and criminal<br />
cases.<br />
          Incorporating Cities, Towns and Villages,  or  changing<br />
or amending the charter of any Town, City, or Village.<br />
          Providing  for  the  election of Officers in Townships,<br />
incorporated Towns or Cities.<br />
          Summoning or empaneling Grand or Petit Juries.<br />
          Providing for the bonding of cities, towns,  precincts,<br />
school districts or other municipalities.<br />
          Providing for the management of Public Schools.<br />
          The   opening   and  conducting  of  any  election,  or<br />
designating the place of voting.<br />
          The sale  or  mortgage  of  real  estate  belonging  to<br />
minors, or others under disability.<br />
          The protection of game or fish.<br />
          Chartering  or  licensing  ferries,  or  toll  bridges,<br />
remitting fines, penalties or forfeitures,  creating,  increasing<br />
and decreasing fees, percentage or allowances of public officers,<br />
during the term for which said officers are elected or appointed.<br />
          Changing the law of descent.<br />
          Granting    to   any   corporation,   association,   or<br />
individual, the right to lay down railroad  tracks,  or  amending<br />
existing charters for such purpose.<br />
          Granting to any corporation, association, or individual<br />
any  special  or  exclusive  privileges,  immunity,  or franchise<br />
whatever; PROVIDED, that notwithstanding any other provisions  of<br />
this  Constitution,  the  Legislature  shall  have  authority  to<br />
separately define and classify loans and  installment  sales,  to<br />
establish  maximum  rates  within  classifications  of  loans  or<br />
installment sales which it  establishes,  and  to  regulate  with<br />
respect  thereto.   In all other cases where a general law can be<br />
made applicable, no special law shall be enacted.</p>
<p>Source:<br />
Neb. Const. art. III, sec. 15 (1875);<br />
Amended 1964, Laws 1965, (Appendix),<br />
Seventy-fourth Extraordinary Session, 1963, c. 3, sec. 1, p. 1921<br />
3. Classification<br />
     A legislative act can violate this provision as<br />
special legislation (1) by creating a totally<br />
arbitrary and unreasonable method of<br />
classification or (2) by creating a permanently<br />
closed class.  MAPCO Ammonia Pipeline v. State Bd. of Equal.,<br />
238 Neb. 565, 471 N.W.2d 734 (1991).<br />
     A classification which limits the application of the<br />
law to a present condition, and leaves no room or opportunity for<br />
an increase in the numbers of the class by future growth or<br />
development, is special.  Haman v. Marsh, 237 Neb. 699,<br />
467 N.W.2d 836 (1991).<br />
     A legislative act can violate this provision as<br />
special legislation in one of two ways:  (1) by creating a totally<br />
arbitrary and unreasonable method of classification, or (2) by<br />
creating a permanently closed class.  Haman v. Marsh, 237<br />
Neb. 699, 467 N.W.2d 836 (1991).<br />
     The term &#8220;class legislation&#8221; is a characterization<br />
of legislation in contravention of this provision.  It is that<br />
which makes improper discrimination by conferring privileges on a class arbitrarily selected from a large number of persons standing in the same relation to the privileges, without reasonable<br />
distinction or substantial difference.  Haman v. Marsh,<br />
237 Neb. 699, 467 N.W.2d 836 (1991).</p>
<p>Section 60-1701 contains classifications and exceptions which<br />
are unreasonable, arbitrary, and unrelated to the public interest,<br />
and is therefore unconstitutional and void in violation of this<br />
section.  State v. Edmunds, 211 Neb. 380, 318 N.W.2d 859 (1982).<br />
     Provisions of legislation creating the Local Government Revenue<br />
Fund were unconstitutional because classifications created by<br />
the act were arbitrary and unreasonable closed classifications<br />
in that they prevented a county from moving from one classification<br />
to another and the legislation was, therefore, a special law<br />
as to each of the state&#8217;s counties.  State ex rel. Douglas v.<br />
Marsh, 207 Neb. 598, 300 N.W.2d 181 (1980).</p>
<p>Arbitrary classification may result in special legislation.<br />
United Community Services v. Omaha Nat. Bank, 162 Neb. 786,<br />
77 N.W.2d 576 (1956).</p>
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