Did the Missouri AG approve ballot language allowing lawmakers to increase minimum funding for Kansas City's police force?

Plain-English summary

Missouri's Secretary of State submitted proposed fair ballot language for Senate Joint Resolution 38. Attorney General Andrew Bailey approved its legal content and form under § 116.025, RSMo.

The yes statement said the constitutional amendment would let the General Assembly increase by law the minimum funding for a police force established by the state board of police commissioners, giving that force additional resources to serve its communities. It added that Kansas City's police force was then the only force established by that board.

The no statement said the constitution would not be amended regarding funding for such a police force. The fiscal statement predicted no impact on taxes.

The opinion stated that its mandatory review did not endorse the proposal or express a view about the sponsors' objectives.

What this means for you

Missouri voters

The approval concerned whether the proposed summary had acceptable legal content and form. It did not recommend a yes or no vote.

Kansas City and police officials

The approved language identified Kansas City as the only police force then established by the state board and described legislative authority to increase its minimum funding.

State legislators and election officials

The proposed amendment concerned the General Assembly's funding authority, while the Attorney General's role was limited to statutory ballot-language review.

Common questions

Q: Did the proposal itself set a new funding amount?
A: The approved summary said it would allow the General Assembly to increase the minimum by law; it did not state an amount.

Q: Did the AG endorse increased police funding?
A: No. The opinion expressly disclaimed endorsement.

Q: What tax impact did the language state?
A: It said the measure would have no impact on taxes.

Background and statutory framework

The Secretary requested review under § 116.025, RSMo. The opinion reproduced and approved the proposed yes, no, and fiscal statements for Senate Joint Resolution 38.

Citations and references

Statute:

• § 116.025, RSMo

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/16-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
June 17, 2024
OPINION LETTER NO. 16-2024
The Honorable John R. Ashcroft
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101
Dear Secretary Ashcroft:
This opinion letter responds to your request dated June 5, 2024, for our review under § 116.025, RSMo, of a proposed fair ballot language for Senate Substitute No. 2 for Senate Joint Resolution No. 38. The proposed fair ballot language statement is as follows: A "yes" vote will amend the Missouri Constitution to allow the general assembly by law to increase the minimum funding for a police force established by the state board of police commissioners to ensure such police force has additional resources to serve its communities. Currently the only police force established by the state board of police commissioners is found in Kansas City, Missouri. A "no" vote will not amend the Missouri Constitution regarding the funding for a police force established by the state board of police commissioners. If passed, this measure will have no impact on taxes. Pursuant to § 116.025, RSMo, we approve the legal content and form of the proposed fair ballot language statement. Because our review of the fair ballot language statement is mandated by statute, no action we take with respect to such review should be construed as an endorsement of the initiative petition, nor as the expression of any view regarding the objectives of its proponents. Very truly yours,

ANDREW BAILEY
Attorney General
.

OP-2024-018
Supreme Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
www.ago.mo.gov