Did the Missouri Attorney General approve the legal content and form of the fiscal note summary for Mary Anne Sedey’s petition 20-105?

Plain-English summary

The State Auditor submitted a fiscal note and summary for Mary Anne Sedey’s initiative petition 20-105. The summary reads:

State governmental entities expect one-time costs of at least $1 million and possible ongoing costs. Local governments are expected to have costs of an unknown amount totaling at least $745,000 in one-time costs, $192,000 in annual costs, and $658,000 in costs per election.

The Attorney General approved the summary’s legal content and form under § 116.175.4, RSMo. The letter does not describe what the petition would change or explain the source of the cost estimates. It says the approval is neither an endorsement of the petition nor a view on its proponents’ objectives. The review does not examine the fairness or sufficiency of the estimated fiscal impact.

Currency note

This letter was issued in 2019. Consult the current statute and the petition itself for current requirements and the proposal’s substance.

Common questions

Q: Did the Attorney General approve the petition itself?
A: This letter approves the fiscal note summary’s legal content and form. The Attorney General expressly disclaims any endorsement of the petition.

Q: Does the letter explain the projected election costs?
A: No. It quotes the Auditor’s summary, including $658,000 in costs per election for local governments, without explaining what produces those costs.

Q: What would petition 20-105 do?
A: The letter identifies Mary Anne Sedey and the petition number, but gives no description of the proposed change. Read the petition text to determine its substance.

Background and statutory framework

The State Auditor sent the fiscal note and summary to the Attorney General under § 116.175, RSMo. The Attorney General applied § 116.175.4, RSMo, to approve the summary’s legal content and form. The fiscal estimate quoted here is the Auditor’s submitted summary; the letter does not evaluate whether it is fair or sufficient.

Citations and references

Statutes cited: § 116.175 and § 116.175.4, RSMo.

Source

• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/183-2019.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI

ERIC SCHMITT

September 6, 2019

OPINION LETTER NO. 183-2019

The Honorable Nicole Galloway
Missouri State Auditor
State Capitol, Room 121
Jefferson City, MO 65101

Dear Auditor Galloway:

This office received your letter of August 29, 2019, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Mary Anne Sedey (20-105). The fiscal note summary that you submitted is as follows:

> State governmental entities expect one-time costs of at least $1 million and possible ongoing costs. Local governments are expected to have costs of an unknown amount totaling at least $745,000 in one-time costs, $192,000 in annual costs, and $658,000 in costs per election.

Under § 116.175.4, RSMo, we approve the legal content and form of the fiscal note summary. Because our review of the fiscal note summary is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the initiative petition or as the expression of any view regarding the objectives of its proponents. Furthermore, our review under § 116.175.4 does not examine the fairness or sufficiency of the estimated fiscal impact.

Very truly yours,

ERIC S. SCHMITT
Attorney General

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

OP-2019-0212