State v. Hensley

661 N.E.2d 1246, 1996 Ind. App. LEXIS 167, 1996 WL 80050
CourtIndiana Court of Appeals
DecidedFebruary 27, 1996
Docket03A01-9509-CV-289
StatusPublished
Cited by24 cases

This text of 661 N.E.2d 1246 (State v. Hensley) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hensley, 661 N.E.2d 1246, 1996 Ind. App. LEXIS 167, 1996 WL 80050 (Ind. Ct. App. 1996).

Opinion

OPINION

ROBERTSON, Judge.

Appellant-Defendants State of Indiana, the Indiana Department of Natural Resources [DNR], the Indiana State Personnel Department and the Indiana State Budget Agency [collectively referred to herein as State] bring this interlocutory appeal of the denial of their motion to dismiss the proposed class action lawsuit brought by several Indiana Conservation Officers employed by the DNR. The State raises two issues, neither of which constitutes reversible error.

FACTS

The pertinent facts are not disputed. During the 1990 legislative session, our General Assembly passed P.L.180-1990, an Act concerning the compensation of Indiana State Law Enforcement Officers, which read, in pertinent part, as follows:

(b) .., the superintendent of the state police department shall amend a pay plan:
⅜ * ⅜ * * ⅜
(2) that designates the pay classifications of an employee;
to provide a salary increase required by subsection (c).
(c) The annual salary received by an employee after June 30, 1990, shall equal the sum of:
(1) the annual salary received by the employee on June 30,1990; plus
(2) three thousand dollars ($3,000).
(d) The increase provided in subsection (c) is in lieu of any:
(1) cost of living increases;
(2) merit increases; and
(3) upgrades to minimum salary levels.
(e) The personnel department shall establish the same position classification plans and salary wage schedules (including overtime policies) for law enforcement officers of the law enforcement division of the department of natural resources that are established far law enforcement officers of the state police department.
(f) The SECTION expires July 1, 1991.

(Emphasis added.) The State failed to implement subsection (e) and has failed to compensate State Conservation Officers at levels equivalent to State Police Officers.

The Conservation Officers filed the present lawsuit on December 8, 1994. The State filed the present motion to dismiss which the trial court denied. This discretionary interlocutory appeal ensued.

DECISION

I.

Effect of Expiration of Statute

The State points out that P.L.180-1990 expired by its own terms on July 1, *1248 1991, P.L.180-1990(f). Therefore, the State argues, any rights that may have accrued to the Conservation Officers under the Act have also expired and may not be enforced by the present action filed in 1994.

When interpreting a statute, the foremost objective is to determine and effect legislative intent. Spaulding v. International Bakers Services, Inc., Ind., 550 N.E.2d 307, 309 (1990). Statutes must be construed to give effect to legislative intent, and courts must give deference to such intent whenever possible. Indiana State Police Department v. Turner, Ind.App., 577 N.E.2d 598, 601 (1991), trans. denied. Thus, courts must consider the goals of the statute and the reasons and policy underlying the statute’s enactment. Id.

With respect to the effect of repealed statutes, it is well-settled that an express savings clause is not required to prevent the destruction of rights that accrued under statutes which are later repealed. Ind.Code 1-1-5-1 (Effect of Repeal; Savings Provision); Medical Licensing Board of Indiana v. Ward, Ind.App., 449 N.E.2d 1129, 1147-1148 (1983); Hibler v. Globe American Corporation, 128 Ind.App. 156, 147 N.E.2d 19, 26-27 (1958). If the legislature’s intention to preserve and continue a right created under a statute which is later repealed is clearly apparent, the right will nevertheless be enforced. Id.

There is a dearth of authority on the effect of expired statutes. However, the United States Supreme Court held that the object of a general savings statute is to prevent the expiration of a temporary statute from cutting off the enforcement of the statute in relation to violations occurring before its expiration. Allen v. Grand Central Aircraft Co., 347 U.S. 535, 554-555, 74 S.Ct. 745, 755-757, 98 L.Ed. 933 (1954). Moreover, the Colorado Supreme Court case of State v. McMillin, 150 Colo. 23, 370 P.2d 435 (1962) is especially persuasive. In McMillin, the Colorado legislature passed an emergency statute in the summer of 1958 in response to a threatened grasshopper plague. The statute provided that the State Department of Agriculture could spray private land for grasshoppers and then recover from each landowner “his ‘proportionate share of the costs’ of the spraying operation.” Id. 370 P.2d at 436. The statute became effective in July of 1958 and expired by its own terms on December 31, 1958. Id. 370 P.2d at 436, 437. Thus, the statute was in effect for only approximately six months, Id. 370 P.2d at 437. After the expiration of the statute, the State brought a lawsuit against a landowner who had not paid his share of the costs of spraying. The landowner defended that the State could not enforce the statute because the lawsuit had been brought after the statute had expired. The McMillin court applied a general repeal/savings statute similar to our I.C. 1-1-5-1 in holding that where an act expires by its own limitations, the effect is the same as though it had been repealed at that time. Id. (Citing 50 Am. Jur. 525 § 515). The McMillin court held:

The act became effective in July of 1958. Under the construction urged by [the landowner], the state would have to conduct its spraying operations, determine and allocate its costs, make its demand for payment, and institute suit, all within six months time. We are persuaded that the right of action accrued to the state for the recovery of a proportionate share of the cost from' a landowner when it undertook the spraying operations, and that suit therefore may be commenced at any time within the period of the general statute of limitations.

Id.

In the present case, the intent of P.L.180-1990 is apparent on its face.

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Bluebook (online)
661 N.E.2d 1246, 1996 Ind. App. LEXIS 167, 1996 WL 80050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hensley-indctapp-1996.