Did the Missouri Attorney General approve the fiscal note summary for James Owen’s petition 2020-142?

Plain-English summary

The State Auditor submitted a fiscal note and summary for James Owen’s initiative petition 2020-142. The summary reads:

State governmental entities estimate additional ongoing costs of approximately $147,000 annually. Additionally, state and local governmental entities anticipate a possible unknown increase in electricity costs from this proposal, which is limited by existing law to be no more than an average retail rate increase of one percent annually.

The Attorney General approved the summary’s legal content and form under § 116.175.4, RSMo. The letter does not describe the petition’s proposed amendments. It says the approval is not an endorsement and does not examine the fairness or sufficiency of the estimated fiscal impact.

Currency note

This letter was issued in 2020. Consult current law and the petition text for present requirements and the proposal’s substance.

Common questions

Q: Did the Attorney General verify the cost estimate?
A: No. The letter expressly says its review does not examine the fairness or sufficiency of the estimated fiscal impact.

Q: Does this letter say the petition sets a one-percent electricity-rate cap?
A: The submitted summary says the possible increase is limited by existing law to an average retail rate increase of no more than one percent annually. The letter does not analyze that law or the proposal’s full effect on rates.

Q: What would petition 2020-142 change?
A: The letter does not reproduce the petition. Read its text to determine the proposed amendments.

Background and statutory framework

The State Auditor sent the fiscal note and summary under § 116.175, RSMo. The Attorney General approved the summary’s legal content and form under § 116.175.4, RSMo, without endorsing the petition or evaluating the estimated fiscal impact.

Citations and references

Statutes cited: § 116.175 and § 116.175.4, RSMo.

Source

• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/8-2020.pdf

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
February 6, 2020

OPINION LETTER NO. 8-2020

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 27, 2020, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by James Owen (2020-142). The fiscal note summary that you submitted is as follows:

> State governmental entities estimate additional ongoing costs of approximately $147,000 annually. Additionally, state and local governmental entities anticipate a possible unknown increase in electricity costs from this proposal, which is limited by existing law to be no more than an average retail rate increase of one percent annually.

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,

ERIC S. SCHMITT
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-2020-0008