Did the Missouri AG approve the form of the State Auditor's fiscal note summary for Winston Apple's Article III initiative petition (2020-140)?
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 to amend Article III of the Missouri Constitution (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
This is the AG's approval of the State Auditor's fiscal note summary for Winston Apple's proposed Article III amendment (designated 2020-140). Article III governs the legislative department of Missouri's government.
The fiscal note summary AG Schmitt approved said:
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 wide range in election costs ($150,000 to $38 million in one-time costs) reflects uncertainty about implementation. The opinion does not summarize the substance of the proposed amendment; the Auditor's full fiscal note (referenced in the underlying letter) would describe what the initiative actually proposed.
The AG's review was confined to legal content and form under § 116.175.4. He noted that the approval is statutorily required and is not an endorsement of the initiative or its objectives, and does not test the fairness or sufficiency of the estimated fiscal impact.
This is one of two Apple initiatives the AG reviewed the same day: 265-2019 covered Apple's parallel Chapter 192 RSMo petition (2020-141) on health cooperatives.
Common questions
Q: What was Winston Apple's Article III initiative actually about?
The fiscal note summary tells us only that the initiative would save the state legislature about $271,000 annually and would carry significant election-related costs. The substantive details of the proposal would appear in the petition text itself, not in this AG opinion. A reader curious about the substance should pull the original 2020-140 petition from the Missouri Secretary of State's records.
Q: Why such a wide cost range ($150,000 to $38 million)?
The Auditor's projection reflects uncertainty about how the initiative would be implemented. When an initiative could be implemented in multiple ways, the fiscal note often gives a range. The AG's review does not address whether the range is accurate; that is outside § 116.175.4 review.
Q: Did this initiative make the ballot?
The opinion does not say. As with most filed initiative versions, qualification for the ballot would depend on signature gathering and Secretary of State certification.
Background and statutory framework
Mo. Rev. Stat. § 116.175 governs the State Auditor's preparation of fiscal notes and fiscal note summaries for initiative petitions. Subsection 4 directs the AG to review the summary for legal content and form. The AG does not draft the summary, does not test the dollar figures, and does not address the policy merits.
Article III of the Missouri Constitution governs the legislative department. Initiatives amending Article III often address legislative process, term limits, ethics, redistricting, or compensation.
Citations
- Mo. Rev. Stat. § 116.175, § 116.175.4 (fiscal note review)
- Mo. Const. art. III (legislative department)
- Companion fiscal-note review: 265-2019 (Apple Ch. 192 health cooperatives, 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
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,
af fas
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