MUNICIPAL COURT OF SEATTLE

 

CITY OF SEATTLE,                                       )

                                                                        )           No. 444444

                                    plaintiff,                        )

                                                                        )           DEFENDANT’S MOTION TO DISMISS,

            v.                                                         )           LAWS 1993 CHAPTER 347 AND

                                                                        )           VIOLENCE REDUCTION ACT ARE

MAGNUS OLSEN,                                        )           VOID MULTI-SUBJECT BILLS,

                                                                        )           ARTICLE II SECTION 19

                                    defendant.                    )

____________________________________)

 

MOTION TO DISMISS

            Comes now MAGNUS OLSEN, the defendant, and through his undersigned attorney, moves for dismissal of the Complaint charging him with possession of a firearm on school property, RCW 9.41.280(1), because prior to amendment by Laws 1993 chapter 347 §1, the statute did not prohibit an adult over the age of 21 years to possess a firearm on school property, and Laws 1993 chapter 347 embraced more than one subject, and is therefore void as a multi-subject bill prohibited by Article II Section 19 of the Washington Constitution.  Subsequent bills amending the relevant portions of this statute amended void statute and are therefore void to the extent they amend void statute.  One of these bills, the Violence Reduction Act, Laws 1994 1st Sp. Sess. chapter 7, its §427 amended RCW 9.41.280(1) to add “or possess on” and RCW 9.41.280(2) to provide loss of concealed weapons permit upon conviction, is itself void as a multi-subject bill prohibited by Article II Section 19 of the Washington Constitution.  As a void multi subject bill, it certainly does not save the relevant language of RCW 9.41.280(1) from being void as having been originally amended by a multi-subject bill.

FACTS ALLEGED BY THE PROSECUTION

            The facts as alleged by the prosecution in the Complaint are as follows:

            Defendant MAGNUS OLSEN is President of the Americans of Norwegian, Icelandic, Faroese, and Danish Ancestry (ANIFDA).  He met with students, teachers, parents, and school board members at Rainier Beach High School to object to the use by the high school of the “Vikings” mascot.  He argued that if even a few Americans of Norse ancestry, including students at Rainier Beach High School, feel uncomfortable at the use of a mascot based on their race, then the school should select a different mascot.  While Mr. OLSEN was making an open arms gesture to indicate his belief that the school should be welcoming to all of its students, a pistol in a shoulder holster became visible.  The President of ANIFDA said “Uff-da!”

            Defendant OLSEN had a valid concealed weapons permit at the time of this incident.

            Defendant MAGNUS OLSEN is therefore charged in the Complaint with one count of Possession of a Firearm on School Property, a misdemeanor, defined by RCW 9.41.280(1).  If convicted he will lose his concealed weapons permit, RCW 9.41.280(2).  He neither admits nor denies the alleged fact of possession of a firearm on school property for the purpose of this motion.

ARGUMENT FOR DISMISSAL OF THE COMPLAINT

            RCW 9.41.280(1) was amended by Laws 1993 chapter 347 §1, to replace the previous language that read:: “elementary or secondary student under the age of twenty-one knowingly” with the word “person”.  Prior to the effective date of this act, July 1, 1993, an adult over the age of 21 years could legally possess a firearm on school property.  If he had a concealed weapons permit, he could carry it concealed on school grounds.  Therefore it is this 1993 act that the defendant is charged with violating.

            Laws 1993 chapter 347 §2 added RCW 28A.320.130 to require each school district and each private school to report to the Superintendent of Public Instruction all known incidents of possession of weapons on school property in violation of RCW 9.41.280.  §3 of this bill amended RCW 28A.635.060 to provide that where a student who defaces school property is transferring to another school, his permanent record shall promptly released to the receiving school.  These provisions are not necessary to implement each other, and therefore, Laws 1993 chapter 347 is void in its entirety as a two subject bill prohibited by Article II Section 19 of the Washington Constitution.

           It would defeat the purpose of Article II Section 19 if legislators could list more than one subject in the title and call that “one subject”.  For this reason the Supreme Court of Washington analyzes the one subject test separately from the subject expressed in title test.  Patrick v. Murphy, (1998) 136 Wash. 2d. 845, 852, 966 P. 2d. 1271.  However, In re Boot, (1996) 130 Wash. 2d. 553, 565-568, 925 P. 2d. 964 did exactly that when it upheld the blatantly multi-subject Violence Reduction Act:

Although the Act covers a number of issues, including public health, community networks, firearms and other weapons, public safety, education, employment, and media, the title of the bill is "AN ACT Relating to violence prevention.” Laws of 1994, 1st Sp. Sess., ch. 7, at 2196.

In our recent decision in Washington Fed’n of State Employees v. State, 127 Wn.2d 544, 901 P.2d 1028 (1995), we observed the constitutional provision "is to be liberally construed in favor of the legislation.” Id. at 555. With respect to the title of the law, "this court has long recognized that a general title consisting of a few well-chosen words, suggesting the general subject stated, is all that is necessary to comply with the constitutional provi­sion.” Id. at 554. "Where the title is general, 'any subject reasonably germane to such title may be embraced within the body of the bill.’” Id. at 555-56 (citing De Cano v. State, 7 Wn.2d 613, 627, 110 P.2d 627 (1941)).

Although this omnibus law covers a variety of subjects, they are all related to its stated purposes, which are to:

(1)  Prevent acts of violence by encouraging change in social norms and individual behaviors that have been shown to increase the risk of violence; (2) reduce the rate of at-risk children and youth, as defined in RCW 70.190.010; (3) increase the severity and certainty of punishment for youth and adults who commit violent acts; (4) reduce the severity of harm to individuals when violence occurs; (5) empower communities to focus their concerns and allow them to control the funds dedicated to empirically supported preventive efforts in their region; and (6) reduce the fiscal and social impact of violence on our society.

Laws of 1994, 1st Sp. Sess., ch. 7, § 101, at 2197-98. The title, "AN ACT Relating to violence prevention,” embraces all these purposes. "[A] title complies with the constitu­tion if it gives notice that would lead to an inquiry into the body of the act, or indicate to an inquiring mind the scope and purpose of the law.” Young Men’s Christian Ass’n v. State, 62 Wn.2d 504, 506, 383 P.2d 497 (1963). The title of this bill meets the constitutional test.

            Cornejo and Boot also argue that because the Act covers so many wide-ranging subjects, it violates the constitutional directive forbidding bills containing more than a "single subject.” Wash. Const. art. II, § 19. We have used the 'rational unity” test to determine if a bill contains a single subject. "All that is required is that there be some 'rational unity’ between the general subject and the incidental subdivision.” Washington Fed’n, 127 Wn.2d at 556 (citing State v. Grisby, 97 Wn.2d 493, 498, 647 P.2d 6 (1982), cert. denied sub nom. Frazier v. Washington, 459 U.S. 1211, 103 S. Ct. 1205, 75 L. Ed. 2d 446 (1983)). Although we have found only nine violations of the "single subject” rule since 1891, id. at 571-72 n.6 (Talmadge, J., concurring in part/dissenting in part), articulation of the elements of rational unity has often proved elusive.

            The principal allegedly "non-germane” sections of the Act cited by Cornejo and Boot are sections other than the amendments to RCW 13.04.030(1)(e)(iv). Thus, even if Boot and Cornejo are correct about the other sec­tions of the Act, the validity of RCW 13.04.030(1)(e)(iv) is unaffected. They do not contend RCW 13.04.030(1)(e)(iv) is itself outside the scope of the title. Moreover, a severability clause preserves the validity of the statute despite any invalidation of other sections of the Act. LAWS OF 1994, 1st Sp. Sess., ch. 7, § 913. State v. Anderson, 81 Wn.2d 234, 239-40, 501 P.2d 184 (1972).

The Legislature said in the intent section of the 1994 Act:

The legislature finds that violence is abhorrent to the aims of a free society and that it can not be tolerated. State efforts at reducing violence must include changes in criminal penalties, reducing the unlawful use of and access to firearms, increasing educational efforts to encourage nonviolent means for resolving conflicts, and allowing communities to design their prevention efforts.

The legislature finds that the problem of violence can be addressed with many of the same approaches that public health programs have used to control other problems such as infectious disease, tobacco use, and traffic fatalities.

Laws of 1994, 1st Sp. Sess., ch. 7, § 101, at 2197. The Legislature found it necessary to combine diverse provisions into a single omnibus act to address a single problem in a comprehensive way.

            In rejecting a similar challenge to an analogous omnibus bill dealing with alcohol and controlled substances (the Omnibus Alcohol and Controlled Substances Act of 1989), the Court of Appeals said:

Although the civil and criminal provisions within the act cover a broad range of activities, each of those provisions furthers the legislative purpose of counteracting drug problems which are prevalent within our society. Thus, we conclude that the act does not violate the single subject requirement of the constitution.

State v. Jenkins, 68 Wn. App. 897, 901, 847 P.2d 488, review denied, 121 Wn.2d 1032, 856 P.2d 383 (1993). See also State v. Acevedo, 78 Wn. App. 886, 887-91, 899 P.2d 31 (1995), review denied, 128 Wn.2d 1014, 911 P.2d 1343 (1996); State v. Knight, 79 Wn. App. 670, 676-77, 904 P.2d 1159 (1995), review denied, 129 Wn.2d 1005 (1996). "[I]f the legislation is an omnibus bill designed by the Legislature or the people to address a larger subject area, the wishes of the Legislature or the people in addressing an issue comprehensively in a single bill may be respected.” Washington Fed’n, 127 Wn.2d at 575-76 (Talmadge, J., concurring in part / dissenting in part).

Here, the 1994 Act is an omnibus bill, the stated purpose of which is to address a single problem, violence preven­tion, in a comprehensive manner. The Act meets the rational unity test of article II, section 19 of our constitu­tion as a legitimate expression of the legislative purpose.

 

The obvious criticism of this opinion, and of the Court of Appeals decisions rejecting challenges to Laws 1989 chapter 271, the Omnibus Alcohol and Controlled Substances Act, is that these findings defeat the obvious ends[1] of Article II Section 19: to prohibit logrolling legislators by forcing them to accept distasteful provisions to obtain passage of desirable and necessary provisions, to allow each legislative concept to pass or fail on its own merits, to require that each subject shall be expressed in a separate bill, to maintain the firewall between appropriations and substantive law, and to maintain the firewall between defining crimes and providing for non-criminal matters such as licensing.  If the Legislature truly felt that all of the provisions of the Violence Reduction Act and the Omnibus Alcohol Act were necessary, it would pass all such provisions in separate single subject bills.  Because any measure, civil or criminal, can be justified as being rationally related to reducing violence or improving physical health by reducing chemical dependency, In re Boot essentially eliminated Article II Section 19 from existence as surely as the Thirteenth Amendment rendered the Fugitive Slave Clause surplusage.

            Amalgamated Transit Union Local 587 v. State of Washington, (2000) 142 Wash. 2d. 183, 191, 11 P. 3d. 762 found that Article II Section 19 “is intended to prevent legislators, whether the people or the Legislature, from having to vote for a law they do not favor in order to obtain a law which they do.”  This is a simple statement that the anti-logrolling purpose of the provision is applicable to the voter in considering an initiative as it is applicable to the elected legislator in considering a bill.  It follows that the converse is true.

            The “Rules of statutory construction apply to initiatives.” as it applies to acts of the Legislature.  Id., at 205.  And:

It is not the prerogative nor the function of the judiciary to substitute what they may deem to be their better judgment for that of the electorate in enacting initiatives . . . unless the errors in judgment clearly contravene state or federal constitutional provisions.” Fritz v. Gorton, 83 Wn. 2d 275, 287, 517 P. 2d 911 (1974). Nor is it the province of the courts to declare laws passed in violation of the constitution valid based upon considerations of public policy.

 

Id., at 206.  The same applies to bills passed by the Legislature and signed by the Governor.  Art. II § 19 applies to initiatives.” Id.  All distinctions between how Article II Section 19 applies to initiatives and how it applies to acts of the Legislature have been eliminated.  Thus all standards applied in Amalgamated Transit to Initiative 695 apply equally to Laws 1993 chapter 347 and the Violence Reduction Act.

            One consideration used to determine how liberally to construe Article II Section 19 in favor of the legislative act is whether the title was “general” or “restrictive”.  A bill or initiative with a general title that encompasses all of its provisions is given the rational unity test for determining if its provisions cover a single subject or separate subjects.  Amalgamated Transit at 142 Wash. 2d. 209.[1]

            Initiative 695 had a general title. Id. at 217.  But the finding is:

However, there is no rational unity between the subjects of I-695.  Similar to the act in Wash. Toll Bridge Auth. v. State[2], I-695 also has two purposes: to specifically set license tab fees at $30 and to provide a continuing method of approving all future tax increases.  Further, neither subject is necessary to implement the other.  I-695 violates the single-subject requirement of art. II, § 19 because both its title and the body of the act include two subjects: repeal of the MVET and a voter approval requirement for taxes.

 

Id. at 217.   Subsequent to Amalgamated Transit, City of Burien v. Kiga, (2001) 144 Wash. 2d. 819, 826-828, 31 P. 3d. 659 invalidated Initiative 722 on the same basis.

            This test for rational unity was further modified by Washington Association of Neighborhood Stores v. State of Washington, (2003) 149 Wash. 2d. 359, 370-371, 70 P. 3d. 920 :

In order to survive, however, rational unity must exist among all matters included within the measure and the general topic expressed in the title. Kiga, 144 Wn.2d at 826.  Rational unity requires included subjects to be reasonably connected to one another and the ballot title.  Amalgamated Transit Union, 142 Wn.2d at 207.

     Appellants argue there are multiple subjects contained within I-773 and that they are unrelated and not necessary for each other's implementation.  Specifically, appellants contend there are three subjects in I-773 that lack rational unity: increasing the tobacco tax, funding health care for low-income families, and maintaining current funds for other preexisting programs already relying on the tobacco tax.  Appellants' Br. at 31.  They rely on this court's holdings in Amalgamated Transit Union and Kiga for this position.  In Amalgamated and Kiga, it was determined that an initiative had two subjects and 'neither subject {was} necessary to implement the other.'  Amalgamated Transit Union, 142 Wn.2d at 217; Kiga, 144 Wn.2d at 828.  However, the appellants wrongly equate 'rational unity' with 'necessity,' claiming that provisions in a measure only share rational unity if they are necessary to one another.  Provisions necessary to one another understandably share rational unity, and it is not surprising that we would comment on it.  Nevertheless, neither observation relied on by the appellants indicates that the absence of such a relationship defeats rational unity.  It is on this erroneous basis that the appellants contend there is a lack of rational unity between the provisions of I-773 mentioned above.  We disagree.

    We conclude rational unity exists between the sections of the initiative because the tobacco taxes directly relate to the programs they fund, and the programs relate to the title.  As the ballot title explains, the subject of I-773 is imposing additional tobacco taxes for low-income health programs and other programs.  Every provision of the initiative relates to those functions.  The provisions raising taxes relate because they provide the revenue to support the new and existing programs.  Each section of I-773 presents a single and rationally unified proposal for improving the health of our state's low-income citizens without imposing a net loss of tax revenue on other preexisting programs.  The provisions are interrelated and germane to the general subject matter of I-773 and are, therefore, rationally unified and constitutional.

 

The dissent, written by Justice Richard Sanders, 149 Wash. 2d. 373-380, while not commenting directly upon the analysis as to the Single Subject Requirement, nevertheless criticizes the finding that the Two Year Appropriations Clause, Article VIII Section 4 was not violated.  The majority determined that the Initiative’s language that Legislature “shall” appropriate funds for health care, is actually a suggestion, not a mandate.  If it is a suggestion, then the tobacco tax imposed by the Initiative arguably does not “directly” relate to the programs funded, at least beyond two years when the Legislature may choose to spend the tobacco tax revenue in such manner.

      Then Citizens for Responsible Wildlife Management v. State of Washington, (2003) 149 Wash. 2d. 622, 631, 71 P. 3d. 644, found:

This court was clear in Amalgamated Transit Union Local 587 v. State that statutes enacted through the initiative process must be shown to be unconstitutional beyond a reasonable doubt; they are not reviewed under more or less scrutiny than legislatively enacted bills.  Amalgamated Transit Union Local 587 v. State, 142 Wn.2d 183, 205, 11 P.3d 762, 27 P.3d 608 (2000)

 

and thereby rejected an argument that Initiatives be given less deference than Acts of the Legislature.  Legislative acts are to be given the same scrutiny given Initiatives.  Citizens then found at 149 Wash. 2d. 638-639:

Interestingly, this court, in both Amalgamated and City of Burien upon which Citizens rely for their "test" of rational unity, clearly expressed what has long been the true test of rational unity:  "the existence of rational unity or not is determined by whether the matters within the body of the initiative are germane to the general title and whether they are germane to one another. City of Burien, 144 Wn.2d at 826; Amalgamated, 142 Wn.2d at 209-10.  An analysis of whether the incidental subjects are germane to one another does not necessitate a conclusion that they are necessary to implement each other, although that may be one way to do so.  This court has not narrowed the test of rational unity to the degree claimed by Citizens.  It is more likely that the statements made in Amalgamated and City of Burien in regard to the dual subjects being unnecessary to implement the other were made to further illustrate how unrelated the two were.  Moreover, the instant title does not contain two subjects, where one is more broad and long term than the other.  I-713's title therefore does not manifest the dangers of logrolling as did those in Amalgamated and City of Burien.

 

             Citizens flat rejected any argument that Neighborhood Stores effectively reversed Amalgamated Transit and Kiga and restored the Eyman Initiatives.  Amalgamated Transit thus survives with a finding that repeal of the Motor Vehicle Excise Tax and replacing it with a flat $30 fee does not directly relate to the requirement for a vote for every state and local tax increase, as contained in Initiative 695.  Where “neither subject is necessary to implement each other” is found, then the test for rational unity must require that each allegedly diverse provision of a bill or initiative “directly relate” to each other such diverse provision.  Otherwise, the Eyman Initiatives are restored as valid single subject bills, which Citizens did not do.

             The VRA and the OACSA were not analyzed under this test in the previous decisions.  When this test is applied to Laws 1993 chapter 347, it clearly violates Article II Section 19.   It amends RCW 9.41.280(1) to prohibit adults who are not on duty police officers from possessing firearms while on school property.  This does not directly relate to its amendments to administrative statutes, chapter 28A.320 RCW to require that schools make a report to the Superintendent of Public Instruction and RCW 28A.635.060 to require records transfer to a student’s new school even if the student has defaced school property and has not fully reimbursed his old school for the damage.

             Amalgamated Transit, Kiga, Neighborhood Stores, and Citizens reversed the essential logic of In re Boot, (1996) 130 Wash. 2d. 553, 925 P. 2d. 964.  Many of the provisions of the VRA and the OACSA do not directly relate to each other.  Non-criminal provisions in the OACSA for registration of kegs of malt liquor do not directly relate to changes in controlled substance criminal statutes, and neither directly relate to drug and alcohol counseling in the public schools or directly relate to taxes on wine, beer, spirits, cigarettes, and carbonated beverage ingredients.

                There is simply no resemblance between the law as found in Boot and the law as found in Amalgamated Transit, Kiga Neighborhood Stores, and Citizens.  While Boot found that all of the provisions of the VRA were germane to its title, (a stretch given that a tax on wine, beer, cigarettes, and soft drinks arguably has nothing to do with violence reduction) it did not consider whether all of these provisions were germane to each other under the tests established in Amalgamated Transit and Kiga and clarified  in Neighborhood Stores and Citizens.  Therefore, as Amalgamated Transit Kiga, Neighborhood Stores and Citizens, are more recent interpretations of Article II Section 19, they control the analysis[3] of the Violence Reduction Act and declares it null and void.  As analyzed under the Amalgamated Transit and Neighborhood Stores standard:

               The Violence Reduction Act, Laws 1994 1st Sp. Sess. c 7 is a blatant violation of Article II Section 19 in that many of the separate subjects are listed in its Table of Contents.  Part II, §§201-207 authorizes the Department of Health to develop a public health services improvement plan.  Part III, §§ 301-326 involves family and community public health and safety networks, community-police efforts, and responsibilities of the state and local agencies with respect to such family and community networks.  Part IV, §§401-460, as above cited, amended firearms statutes.  Part V, §§ 501-546 is a multi-subject bill by itself.  It adds new sections concerning runaway juveniles and violence involving juveniles.  It increased First Degree Reckless Endangerment, RCW 9A.36.045, from a Class C felony to a Class B felony,[4] and added provisions regarding prison matters and the Department of Corrections.  Part VI, §§ 601-612 authorized the Superintendent of Public Instruction to prepare a guide and training programs for violence reduction in the public schools.  §605 is an appropriations measure.  Other provisions in this Part concerned notification of school staff of juvenile convictions among their students.  Part VII, §§ 701-705 addresses employment issues of youth.  Part VIII, §§ 801-812 addresses the “Media” about how its exercise of rights protected by the First Amendment and by Article I Section 5 of the Washington Constitution impact violence in the community.  Part IX, §901-918, among other things, imposed taxes on wine, beer, cigarettes, soft drinks, and soft drink ingredients.

            That is at least 12 subjects in one bill, 11 more than allowed by Article II Section 19 of the Washington Constitution.  The provisions authorizing the Department of Health to develop a public health services improvement plan do not directly relate to the provisions concerning family and community public health and safety networks.  Neither directly relate to changes to chapter 9.41 RCW, nor are the firearms revisions directly related to the provisions addressing runaway juveniles, increasing the penalty for Reckless Endangerment, prison matters, violence reduction programs in the public schools, employment, or the media.

         When both title and statutory text of a bill embrace more than one subject, the entire bill is null and void.  Power, Inc. v. Huntley, (1951) 39 Wash. 2d. 191, 200, 235 P. 2d. 173; Washington Toll Bridge Auth. v. State, (1956) 49 Wash. 2d 520, 523-526, 304 P. 2d. 676; Amalgamated Transit at 142 Wash. 2d. 217; and Burien v. Kiga at 144 Wash. 2d. 825.  Because both title (amending RCW 9.41.280(1) to prohibit adults as well as students from possessing firearms on school property and adding amending RCW 28A.638.060 to provide for the release of records of a transferring student guilty of vandalism to his new school) and statutory text of Laws 1993 chapter 347, each embrace more than one subject, it is void in its entirety.  Pursuant to this, all subsequent bills amending this statute, including the Violence Reduction Act, are void to the extent that they amend void statute.

            There are several “firewalls” found to exist pursuant to Article II Section 19.  One is the firewall between funding provisions and provisions that affect substantive rights.  Washington State Legislature, et al. v. State of Washington, et al., (1999) 139 Wash. 2d. 129, 131-132, 985 P. 2d. 353; reversed State v. Jenkins, (1993) 68 Wash. App. 897, 847 P. 2d. 488 and therefore restored Flanders v. Morris, (1977) 88 Wash. 2d. 183, 187-188, 558 P. 2d. 769; and State ex rel. Washington Toll Bridge Authority v. Yelle, (1959) 54 Wash. 2d. 545, 551, 342 P. 2d. 588.  Washington State Legislature v. Lowry, (1997) 131 Wash. 2d. 309, 328 n. 11, 931 P. 2d. 885, found that placing a proviso without a dollar amount into an omnibus budget bill risks having the proviso invalidated.  The Legislature may not abolish or adopt substantive law in an appropriations bill.  Toll Bridge Authority v. Yelle,  at 54 Wash. 2d. 551, legislation of a general and continuing nature cannot come under the subject of appropriations, because Article VIII Section 4 of the Washington Constitution requires that all expenditures of moneys appropriated be made within one calendar month of the end of the fiscal biennium.  This firewall is breached in the Violence Reduction Act, which affects substantive rights in many of its provisions, including the substantive right of persons with certain criminal convictions to own long firearms, or the loss of concealed weapons permits by those convicted of possession of firearms on school property, by the inclusion of an appropriations measure, §605, and by imposing taxes on wine, beer, cigarettes, soft drinks, and soft drink ingredients. 

            Another firewall is placed by Article II Section 19 between criminal provisions and provisions affecting substantive rights in civil matters.  State v. Tiemann, (1903) 32 Wash. 294, 298, 73 P. 375 found that a civil provision for enforcing child support for illegitimate child cannot be properly included in a criminal statute for fathering a child out of wedlock.  Defining an action to establish a civil liability as a criminal procedure embraced two subjects.  Child support is charged against the property, not the person.  A civil liability is not a penalty for wrongdoing.  Similarly, State ex rel Henry v. MacDonald, (1901) 25 Wash 122, 126, 64 P. 912 found that a criminal provision for failing to send a child to school cannot be properly included within the General and Uniform Public School Act.  There were two subjects in the bill.

            Title IV of the Violence Reduction Act revises criminal statutes, chapter 9.41 RCW, the firearms statutes.  Section 511 revised the now repealed First Degree Reckless Endangerment statute.  All of the other provisions affect non-criminal matters.  The Department of Health plan, family and community public safety networks, violence reduction in public schools, employment issues, media, and taxes cannot be included in a bill revising criminal statutes without offending Article II Section 19.

            Unrelated criminal provisions within a bill violate Article II section 19, State v. Thomas, (2000) 103 Wash. App. 800, 14 P. 3d. 854.  Revising two unrelated criminal statutes does not have the rational unity of the comprehensive redraft of the Criminal Code by Laws 1975 1st ex. sess. c 260 creating Title 9A RCW.  Reckless endangerment need not to be performed with a firearm, it is thus unrelated to unlawful possession of a firearm on school grounds.

            Therefore, as both title and subject of the Violence Reduction Act embraced considerably more than one subject, it is void in its entirety.

CONCLUSION

            For the reasons stated herein, Laws 1993 chapter 347 and the Violence Reduction Act should be declared void as a bills embracing more than one subject prohibited by Article II Section 19 of the Washington Constitution, and all subsequent bills amending this statute are thus void as amending void statute and to the extent they amend void statute.  As the defendant’s actions are not in violation of the previously existing RCW 9.41.280, this motion to dismiss should be granted.

Respectfully submitted, Thermidor 23, 2004,

 

                                                            ____________________________________

                                                                        Justin Case,      WSBA #45359

                                                                        Attorney for defendant

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[1] “Where a general title is used, all that is required is rational unity between the general subject and the incidental subjects.”

[3] Precisely because Laws 1993 chapter 347 is not a comprehensive omnibus bill, it would not be upheld under the doctrines as established by In re Boot, which are no longer valid due to Amalgamated Transit and Neighborhood Stores.

[4] Since repealed by Initiative 159.

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