MO 264-2019 2019-12-06

Did the Missouri AG approve the form of the State Auditor's fiscal note summary for Winston Apple's initiative petition 2020-140?

Short answer: Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the cost projection (about $271,000 in annual legislative savings, with election-related costs ranging from $150,000 to $38 million one-time and at least $154,000 per general election).

Disclaimer: This is an official Missouri Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Missouri attorney for advice on your specific situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original AG opinion (PDF)

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 Winston Apple, designated 2020-140.

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 Winston Apple and designated 2020-140. The letter does not state what the proposed initiative would do; it reproduces only the Auditor's cost projection:

The state legislature is estimated to save approximately $271,000 annually. State and local governments could incur additional election-related costs that could be significant ranging from $150,000 to $38 million in one-time costs and unknown ongoing costs totaling at least $154,000 for each general election.

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.

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 264-2019 letter identifies the petition only by petitioner and number (Apple, 2020-140) and reproduces the fiscal note summary. The summary references legislative savings and election-related costs, but the letter 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, drafted by the State Auditor and reviewed under § 116.175, projects costs and savings. The summary statement, drafted by the Secretary of State and 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 review: 265-2019 (Apple, 2020-141)

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/264-2019.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
December 6, 2019

OPINION LETTER NO. 264-2019
The Honorable Nicole Galloway
Missouri State Auditor
State Capitol, Room 121
Jefferson City, MO 65101

Dear Auditor Galloway:

This office received your letter dated December 3, 2019, submitting a fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Winston Apple, (2020-140) the fiscal note summary that you submitted is as follows:

The state legislature is estimated to save approximately $271,000 annually. State and local governments could incur additional election-related costs that could be significant ranging from $150,000 to $38 million in one-time costs and unknown ongoing costs totaling at least $154,000 for each general 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-2019-0298