Did Missouri's AG verify the no-cost estimate for initiative petition 2024-168?

Plain-English summary

Missouri Attorney General Andrew Bailey approved the legal content and form of a fiscal note summary for JoAnn Franklin's initiative petition 2024-168. The State Auditor submitted the summary under § 116.175, RSMo. The entire quoted fiscal statement was: “State and local governmental entities estimate no costs or savings.”

The opinion gave that approval under § 116.175.4, RSMo, but expressly said the review did not examine the fairness or sufficiency of the estimated fiscal impact. The letter also disclaimed any endorsement of the initiative or view on its proponents' objectives. The AG's action was a narrow review of the summary's legal content and form, not verification that the proposal would cost nothing.

What this means for you

Missouri voters and petition researchers

The letter records the submitted no-cost-or-savings estimate for petition 2024-168. It does not supply a separate fiscal analysis supporting that estimate.

Election officials and state auditors

The Attorney General approved the summary's legal content and form while leaving its estimated fiscal impact unexamined. The opinion does not evaluate the proposal's policy merits.

Common questions

Q: Did the AG approve the fiscal note summary for petition 2024-168?
A: Yes. The letter approved its legal content and form under § 116.175.4, RSMo.

Q: Did the AG confirm that the proposal would have no costs or savings?
A: No. The letter quoted that estimate from the submitted summary and expressly said the AG did not examine the fairness or sufficiency of the fiscal estimate.

Q: Did the AG endorse the petition?
A: No. The letter said the mandatory fiscal-summary review should not be construed as an endorsement or a view on the proponents' objectives.

Background and statutory framework

The State Auditor submitted a fiscal note and summary in December 2023 for review under § 116.175, RSMo. The Attorney General quoted the summary and approved its legal content and form under subsection 116.175.4. The letter did not describe the petition's substantive provisions.

Citations and references

• § 116.175, RSMo: fiscal note and summary provision cited in the opinion.
• § 116.175.4, RSMo: AG review provision cited for the approval.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/436-2023.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
December 11, 2023
OPINION LETTER NO. 436-2023
The Honorable Scott Fitzpatrick
Missouri State Auditor
State Capitol, Room 229
Jefferson City, MO 65101
Dear Auditor Fitzpatrick:
This office received your letter of December 1, 2023, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by JoAnn Franklin, 2024-168. The fiscal note summary that you submitted is as follows: State and local governmental entities estimate no costs or savings. 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,

ANDREW BAILEY
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-2023-428