MO Opinion No. 280-2019 2019-12-26

What was Missouri AG Opinion 280-2019 about, and what initiative did it concern?

Short answer: It was the AG's late-December 2019 routine RSMo section 116.175 approval of a fiscal note summary for an initiative petition by Winston Apple (Secretary of State number 2020-141) to amend Chapter 192 RSMo, which governs the Missouri Department of Health and Senior Services. The specific amendment depends on the underlying initiative text.

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 AG opinions are persuasive authority but not binding precedent.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.

Plain-English summary

This was a routine Missouri AG review under RSMo section 116.175 of a fiscal note summary for a ballot initiative submitted by Winston Apple (Secretary of State number 2020-141). The proposed initiative would have amended Chapter 192 of the Revised Statutes of Missouri.

Chapter 192 RSMo establishes the Missouri Department of Health and Senior Services, sets out its powers and duties, and governs many public health programs. Initiatives amending Chapter 192 typically address Department powers, public health programs, communicable disease controls, environmental health, healthcare licensing, or specific public health authorities.

The AG approved the legal content and form of the fiscal note summary. The approval was procedural under RSMo section 116.175; the AG explicitly noted that approval is not an endorsement of the policy.

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.

Background and statutory framework

Chapter 192 RSMo establishes the Department of Health and Senior Services and sets out the bulk of Missouri's general public health authority. Specific sections cover the Department's commissioner, divisions, regulatory authority, communicable disease reporting, vital records, and various health-program eligibility rules.

The initiative process for amendments to RSMo statutes (as opposed to constitutional amendments) follows the same procedural track: Secretary of State number assignment, summary statement preparation, fiscal note and fiscal note summary preparation by the State Auditor, AG review of summaries under sections 116.334 and 116.175, signature collection, and ballot.

Common questions

What specifically did this initiative propose to change?
The opinion letter does not describe the substantive amendment. The underlying initiative text and summary statement provide the detail. Chapter 192 amendments typically affect Department of Health authorities or specific public health programs.

Was this Apple initiative paired with the Article III initiative reviewed in Opinion 279-2019?
The two opinions were issued the same day (December 26, 2019) on petitions submitted by the same person (Winston Apple). Whether they were intended as a pair, or separate proposals, depends on the underlying initiative text.

Did this initiative make it onto the ballot?
Missouri's signature thresholds are demanding. Confirm specific outcomes through the Secretary of State's records.

Is the AG's approval an endorsement?
No. The opinion letter expressly states the AG's review is mandatory and approval is procedural.

Citations

RSMo section 116.175 (fiscal note summaries)
RSMo section 116.334 (summary statement review)
RSMo Chapter 192 (Department of Health and Senior Services)

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/280-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
December 26, 2019
OPINION LETTER NO. 280-2019
The Honorable John R. Ashcroft
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101
Dear Secretary Ashcroft:
This opinion letter responds to your request dated December 16, 2019,
for our review under § 116.334, RSMo, of a proposed summary statement
prepared for the petition submitted by Winston Apple regarding a proposed
amendment to amend Chapter 192, Revised Statutes of Missouri, (2020-141).
The proposed summary statement is as follows:
 Do you want to amend Missouri law to create a
state-run health insurance cooperative and a
state-run health care cooperative administered
by the Department of Health and Senior
Services, allowing Missouri citizens the choice to
participate in a state-run health cooperative
that only provides coverage for treatments,
procedures, and prescription medications
deemed medically necessary by the Department
of Health and Senior Services; and with
membership dues (premiums) and out-of-pocket
maximums to be adjusted annually based on a
participant's income?
Pursuant to § 116.334, RSMo, we approve the legal content and form of
the proposed statement. Because our review of the statement is mandated by
statute, no action that we take with respect to such review should be construed

OP-2019-0315

as an endorsement of the petition, nor as the expression of any view regarding
the objectives of its proponents.
Very truly yours,

ERIC S. SCHMITT
Attorney General

OP-2019-0315