Did the Missouri AG approve the State Auditor's fiscal note summary for Damien Johnson's 20-025 initiative petition amending Article III of the Missouri Constitution?

Plain-English summary

§ 116.175, RSMo, gives Missouri's State Auditor the duty of assessing the fiscal impact of each proposed initiative petition and preparing a fiscal note and fiscal note summary. The Auditor submits the summary to the Attorney General, who reviews it under § 116.175.4 "for legal content and form" and either approves or returns it. The AG's review is statutory, not discretionary, and approval is not an endorsement of the petition.

On January 25, 2019, AG Eric Schmitt approved the State Auditor's fiscal note summary for Damien Johnson's initiative petition 20-025, a proposed amendment to Article III of the Missouri Constitution. The summary reads:

State governmental entities estimate one-time costs of $239,000 and increased annual costs of $38,000. State and local governmental entities estimate unknown costs during each 2-year election cycle of up to $740,000.

The summary reports state-government one-time costs of $239,000, increased annual costs of $38,000, and unknown costs of up to $740,000 during each two-year election cycle. The AG's approval of the fiscal note summary does not address the accuracy of those figures or the substantive merits of the underlying initiative.

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.

Common questions

What is the AG's role in fiscal note review?

§ 116.175.4, RSMo limits the AG's review to "legal content and form" of the fiscal note summary. The substantive cost estimates come from the State Auditor's office; the AG looks at whether the summary is properly drafted, accurate to the underlying fiscal note, and not legally objectionable.

Why are election-cycle costs reported as a range rather than a fixed number?

Initiative petitions affect costs that depend on future events (whether the petition reaches the ballot, how many voters participate, what implementing legislation looks like). The Auditor reports a range reflecting that uncertainty.

Does the AG's approval mean the cost estimates are correct?

No. The AG reviews the legal content and form of the summary, not the accuracy of the fiscal note itself. Challengers to a fiscal note's accuracy generally have separate avenues for review.

Background and statutory framework

§ 116.175, RSMo: Requires the State Auditor to prepare a fiscal note and fiscal note summary for each initiative petition. The fiscal note must address impacts on state and local revenues and expenditures. § 116.175.4 requires the AG to review the summary "for legal content and form" within ten days.

The Secretary of State separately prepares a ballot summary statement that the AG reviews. The fiscal note summary (§ 116.175) and the ballot summary statement appear together on the ballot.

The Missouri Constitution allows constitutional amendments to be proposed by initiative under art. III, §§ 49-53.

Citations

• § 116.175, RSMo (fiscal note and fiscal note summary requirement)
• § 116.175.4, RSMo (AG review of fiscal note summary)
• Mo. Const. art. III, §§ 49-53 (initiative process)
• Initiative petition 20-025 (proposed amendment to Article III, submitted by Damien Johnson)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/30-2019.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
Attorney General
JEFFERSON CITY
P.O. Box 899
65102
(573) 751-3321

January 25, 2019

OPINION LETTER NO. 30-2019

The Honorable Nicole Galloway
Missouri State Auditor
State Capitol, Room 121
Jefferson City, MO 65101

Dear Auditor Galloway:

This office received your letter of January 16, 2019, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Damien Johnson, (20-025). The fiscal note summary that you submitted is as follows:

State governmental entities estimate one-time costs of $239,000 and increased annual costs of $38,000. State and local governmental entities estimate unknown costs during each 2-year election cycle of up to $740,000.

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.

Very truly yours,

ERIC S. SCHMITT
Attorney General

OP-2019-0020