Missouri Coalition for the Environment and Thomas J. Sager v. State of Missouri

Supreme Court of Missouri·Decided February 4, 2020·No. SC97913·Published

Opinion

SUPREME COURT OF MISSOURI en banc

MISSOURI COALITION FOR ) Opinion issued February 4, 2020 THE ENVIRONMENT AND ) THOMAS J. SAGER, )

)

Appellants, )

)

v. ) No. SC97913 )

STATE OF MISSOURI, )

)

Respondent. )

Appeal from the Circuit Court of Cole County The Honorable Patricia Joyce, Judge

Thomas Sager and the Missouri Coalition for the Environment (collectively, the coalition) appeal the circuit court’s grant of summary judgment in the State’s favor on the coalition’s petition for declaratory and injunctive relief claiming Senate Bill No. 35 (SB 35), now codified at section 34.030, RSMo Supp. 2017,1 violates the Missouri Constitution in numerous respects. The circuit court properly granted summary judgment.

1 Although SB 35 took effect in 2017, much of the discussion in this opinion concerns the version of section 34.030 in effect prior to the 2017 change. References to section 34.030 and all other statutes, therefore, are to RSMo 2016, unless otherwise stated.

The coalition claims that, by regulating land purchases by both the Missouri Department of Natural Resources (DNR) as well as other state agencies, SB 35 violated the single-subject and clear-title requirements in article III, section 23 of the Missouri Constitution. The single subject of the bill was state purchases of land, which this Court finds was clearly expressed in its title. The coalition also failed to show the bill’s original purpose changed prior to final passage in violation of the original-purpose requirement of article III, section 21; the purpose of requiring notice and hearing prior to purchases of land – thereby achieving greater transparency – remained the same. Additionally, there is no merit to the coalition’s argument that SB 35 implicitly amended other laws governing DNR and that the full text of those other laws, therefore, should have been set out in the final bill pursuant to article III, section 28. The duties and powers of state agencies, including DNR, often are set out in multiple statutes. The coalition can cite to no case holding that a bill imposing obligations on an agency implicitly amends other statutes regulating that agency and, therefore, must set out the full language of those other statutes.

Finally, summary judgment was proper on the coalition’s claim that SB 35 is an invalid special or local law in violation of article III, section 40(30) because it is treated differently from other agencies with the constitutional power to purchase land. Missouri’s constitution gives DNR and other constitutionally created agencies separate powers and duties, and Missouri statutes do not offend section 40(30) by treating them differently. Moreover, DNR is a statewide agency and its authority to purchase land after notice and comment pursuant to SB 35 applies to the state as a whole. SB 35 is not a

special or local law. For these reasons, the judgment is affirmed. I. FACTUAL AND PROCEDURAL BACKGROUND Prior to 2017, section 34.030 gave the commissioner of administration authority to “negotiate all leases and purchase all lands, except for such departments as derive their power to acquire lands from the constitution of the state.” § 34.030. As originally introduced, SB 35 repealed this version of section 34.030, replaced it with identical language, and added certain notice and hearing requirements with which the commissioner must comply before purchasing such land. 2017 Mo. S.B. 35 (as introduced Jan. 4, 2017).

Prior to its enactment, the legislature amended SB 35 by narrowing its notice and hearing requirements to apply only to purchases of land greater than a certain size and by adding DNR to the list of state agencies required to follow the notice and hearing provisions set out in the bill:

2. When the commissioner of administration contracts to purchase lands on behalf of any department of state that will be owned and managed by such department or when the department of natural resources contracts to purchase lands that will be owned or managed by the department of natural resources, and such lands exceed sixty or more acres in a single transaction or such purchase price exceeds two hundred fifty thousand dollars in a single transaction, the respective department shall:

(1) Provide public notice on its departmental website and to each publically elected official that represents all or part of the county in which the land to be purchased is located at least sixty days prior to the department of natural resources purchasing such land or the commissioner of administration purchasing such land on behalf of a department;

(2) Provide public notice in one newspaper … in every county in which the department of natural resources intends to purchase

land or the commissioner of administration intends to purchase private land on behalf of a department …; and (3) Hold a public hearing in every county in which the department of natural resources intends to purchase land or the commissioner of administration intends to purchase land on behalf of a department. The department shall provide public notice of the public hearing on its departmental website and in writing to each publically elected official who represents all or part of the county in which the land to be purchased is located …

§ 34.030.2, RSMo Supp. 2017 (amendments added to the bill in bold).

In May 2018, the coalition filed its suit for declaratory and injunctive relief alleging SB 35 violated several of the Missouri Constitution’s procedural requirements for the passage of legislation. The circuit court granted summary judgment in the State’s favor on all counts. The coalition appeals. This Court has exclusive appellate jurisdiction over cases involving the validity of state statutes or constitutional provisions. Mo. Const. art. V, § 3. II. STANDARD OF REVIEW AND BURDEN OF PROOF When the issue on appeal is whether a factual question should have precluded summary judgment, this Court “will review the record in the light most favorable to the party against whom judgment was entered.” ITT Commercial Finance Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). This Court “accord[s] the non-movant the benefit of all reasonable inferences from the record.” Id. Here, the coalition challenges the passage of SB 35 on the basis that the manner of the bill’s passage did not comply with procedural requirements set out in Missouri’s constitution governing how bills are to be written and passed. Because the constitutional validity of a state statute is an issue of law, our review is de novo. Earth Island Inst. v. Union Elec.

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