Did the Missouri AG approve the form of the State Auditor's fiscal note summary for James Owen's initiative petition version 2 (20-114)?

Subject

The Missouri AG's review under § 116.175.4, RSMo, of the State Auditor's fiscal note summary for an initiative petition submitted by James Owen, version 2 (20-114).

Topics: INITIATIVES. INITIATIVE PETITIONS.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Plain-English summary

When a Missouri ballot initiative is circulated for signatures, the petition carries a short fiscal note summary describing the measure's projected costs and savings. The State Auditor drafts that summary, and under Mo. Rev. Stat. § 116.175.4 the Attorney General reviews it for legal content and form.

This letter is AG Eric Schmitt's approval of the fiscal note summary for version 2 of an initiative petition submitted by James Owen (20-114). The letter does not lay out the initiative's full subject; it reproduces the Auditor's projection, which refers to possible electricity costs:

State governmental entities estimate additional employment costs of approximately $88,000 annually. Additionally, state and local governmental entities anticipate possible increased costs of electricity, but the amount is unknown.

The AG noted two limits on the review. The approval is not an endorsement of the petition or its objectives; the review is mandated by statute. And the § 116.175.4 review does not examine the fairness or sufficiency of the estimated fiscal impact, only the legal content and form. The projection matches the parallel reviews of versions 1 and 3 (209-2019 and 211-2019).

Common questions

Q: Does this letter say what the initiative would change?

Not in full. The 210-2019 letter identifies the petition only by petitioner and number (Owen, version 2, 20-114) and reproduces the fiscal note summary. The summary references possible increased electricity costs, but the letter does not spell out the initiative's terms.

Q: What is the difference between the fiscal note summary review and the summary statement review?

The fiscal note summary, reviewed under § 116.175, projects costs and savings. The summary statement, reviewed under § 116.334, describes what the initiative does. The AG reviews each separately.

Background and statutory framework

Missouri's initiative-petition process is governed by Mo. Rev. Stat. ch. 116. The State Auditor prepares a fiscal note and a fiscal note summary under § 116.175. The Attorney General reviews the summary for legal content and form under § 116.175.4.

Citations

• Mo. Rev. Stat. § 116.175 (fiscal note process)
• Mo. Rev. Stat. § 116.175.4 (AG review of fiscal note summary for legal content and form)
• Companion fiscal-note reviews: 209-2019 (version 1, 20-113), 211-2019 (version 3, 20-115)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/210-2019.pdf?sfvrsn=2

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

ATTORNEY GENERAL OF MISSOURI
Eric Schmitt
October 4, 2019

OPINION LETTER NO. 210-2019
The Honorable Nicole Galloway
Missouri State Auditor
State Capitol, Room 121
Jefferson City, MO 65101

Dear Auditor Galloway:

This office received your letter of September 24, 2019, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by James Owen, version 2 (20-114). The fiscal note summary that you submitted is as follows:

State governmental entities estimate additional employment costs of approximately $88,000 annually. Additionally, state and local governmental entities anticipate possible increased costs of electricity, but the amount is unknown.

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-2019-0240