Did the Missouri AG approve the fiscal note summary for Christopher Pieper's Article VI petition (20-042) on St. Louis County metropolitan consolidation?

Plain-English summary

The State Auditor prepares fiscal notes and fiscal note summaries for proposed initiative petitions under § 116.175, RSMo. The AG then reviews the summary for legal content and form under § 116.175.4. This 2019 opinion is the AG's approval of the fiscal note summary the Auditor prepared for Christopher Pieper's initiative petition 20-042, a proposed amendment to Article VI of the Missouri Constitution. The Pieper 20-042 petition was the formal vehicle for proponents' plan to consolidate St. Louis County and its municipalities into a single metropolitan city.

The Auditor's summary, which the AG quoted in full, told voters three things: (1) individual St. Louis County municipalities expected the consolidation to cause "decreased revenues to exceed savings with a total unknown impact"; (2) the new metropolitan city was projected to realize "as much as $1 billion annually by 2032" in net savings; and (3) state revenue was estimated to grow $2.5 to $7 million annually by 2032. The AG approved that text as to legal content and form. The opinion includes the standard disclaimer that approval is mandatory statutory review, not an endorsement.

The AG's review reaches only the summary's legal content and form, not the accuracy of the projections or the 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 summary's estimate say?

That individual St. Louis County municipalities expected decreased revenues to exceed savings (total impact unknown), the new metropolitan city was estimated to save as much as $1 billion annually by 2032, and state revenue was estimated to rise $2.5 to $7 million annually by 2032. Those figures are the Auditor's; the AG reviewed only the summary's legal content and form.

What did the AG actually approve here?

Only the legal content and form of the fiscal note summary, the short statement of estimated cost or savings that appears on the ballot. The AG did not re-do the Auditor's fiscal analysis and did not pass on the accuracy of the estimate or the petition itself.

Background and statutory framework

Missouri's initiative process is in Chapter 116. § 116.175 directs the State Auditor to prepare a fiscal note and fiscal note summary for each initiative petition. § 116.175.4 requires the AG to review the summary for legal content and form.

The substantive initiative framework is in Mo. Const. art. III, §§ 49 to 53. Article VI, the article this petition proposed to amend, covers Missouri local government, including counties and municipalities.

Citations

• § 116.175, RSMo (State Auditor preparation of fiscal note and fiscal note summary)
• § 116.175.4, RSMo (AG review of fiscal note summary for legal content and form)
• Mo. Const. art. III, §§ 49 to 53 (initiative and referendum process)
• Mo. Const. art. VI (local government, subject of the amendment)
• Initiative Petition 20-042 (Pieper, Article VI; St. Louis County metropolitan consolidation)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/56-2019.pdf?sfvrsn=2

Original opinion text

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

March 15, 2019

OPINION LETTER NO. 56-2019

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

Dear Auditor Galloway:

This office received your letter of March 5, 2019, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Christopher Pieper (20-042). The fiscal note summary that you submitted is as follows:

Individual St. Louis County municipalities expect decreased revenues to exceed savings with a total unknown impact. The overall savings for the new metropolitan city is unknown but estimated to be as much as $1 billion annually by 2032. State revenue is estimated to increase between $2.5 million to $7 million annually by 2032.

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-2019-0051