Did the Missouri AG approve the fiscal note summary for Damien Johnson's Article III initiative petition 20-032?

Plain-English summary

Damien Johnson submitted initiative petition 20-032 in early 2019, a proposed amendment to Article III of the Missouri Constitution. This 2019 opinion is the AG's § 116.175.4 review of the fiscal note summary the State Auditor prepared for that petition. 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 AG approved that summary as to legal content and form. The letter states expressly that this statutory review "should be construed" neither as an endorsement of the petition nor as any view on its objectives. It does not address the accuracy of the cost estimate or the substantive merits of the petition.

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.

Common questions

What did the AG actually approve here?

Only the legal content and form of the State Auditor's fiscal note summary, the short statement of estimated cost or savings that appears on the ballot. The AG did not pass on whether the estimate is accurate or on the petition itself.

Where do the cost estimates come from?

The State Auditor compiles them from state and local government respondents under § 116.175, RSMo, then drafts the public-facing summary. The AG's role is to review the summary's legal content and form, not to re-verify the underlying estimates.

Why is "up to $740,000 per two-year election cycle" expressed as a ceiling?

The Auditor reported the figure as a ceiling ("up to") rather than a fixed number. That estimate is the Auditor's; the AG reviewed only its legal content and form.

Background and statutory framework

Missouri's initiative process runs through Chapter 116. § 116.175 directs the State Auditor to prepare a fiscal note and fiscal note summary; § 116.175.4 directs the AG to review the summary for legal content and form. Article III is the article this petition proposed to amend.

Citations

• § 116.175, RSMo (State Auditor preparation of fiscal note and summary)
• § 116.175.4, RSMo (AG review of summary for legal content and form)
• Mo. Const. art. III (Legislative Department, subject of the amendment)
• Mo. Const. art. III, §§ 49 to 53 (initiative and referendum process)
• Initiative Petition 20-032 (Johnson, Article III)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/45-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
JEFFERSON CITY
P.O. Box 899
ATTORNEY GENERAL
65102
(573) 751-3321

February 7, 2019

OPINION LETTER NO. 45-2019

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 28, 2019, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Damien Johnson (20-032). 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-2019-0035