Did the Missouri AG approve the form of the State Auditor's fiscal note summary for Deirdre Hirner's initiative petition 2020-127?
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 Deirdre Hirner, designated 2020-127.
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 an initiative petition submitted by Deirdre Hirner and designated 2020-127. The letter does not state what the proposed initiative would do; it reproduces only the Auditor's cost-and-revenue projection:
State government entities are expected to have one-time costs of $21 million, annual costs of up to $6 million, and annual revenues from $86 million to $155 million by 2025. Local governments estimate unknown costs and are expected to have annual revenues from $17 million to $27 million by 2025.
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 companion summary statement for petition 2020-127 was reviewed separately in opinion letter 266-2019.
Common questions
Q: What does "approve the legal content and form" of a fiscal note summary mean?
The AG checks that the summary uses appropriate legal language and follows the form prescribed by § 116.175. The review does not check whether the dollar figures are accurate; that estimate is the Auditor's responsibility.
Q: Does this letter say what the initiative would change?
No. The 250-2019 letter identifies the petition only by petitioner and number (Hirner, 2020-127) and reproduces the fiscal note summary. It does not describe the initiative's subject matter.
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. For petition 2020-127, the summary statement review is 266-2019.
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 summary-statement review for 2020-127: 266-2019
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/250-2019.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
November 22, 2019
OPINION LETTER NO. 250-2019
The Honorable Nicole Galloway
Missouri State Auditor
State Capitol, Room 121
Jefferson City, MO 65101
Dear Auditor Galloway:
This office received your letter of November 18, 2019, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Deirdre Hirner, (2020-127) the fiscal note summary that you submitted is as follows:
State government entities are expected to have one-time costs of $21 million, annual costs of up to $6 million, and annual revenues from $86 million to $155 million by 2025. Local governments estimate unknown costs and are expected to have annual revenues from $17 million to $27 million by 2025.
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-2019-0284