Did the Missouri AG approve the fiscal note saying the Hayes Chapter 558 initiative could create state savings with no local cost?

Plain-English summary

In May 2019, State Auditor Nicole Galloway submitted a fiscal note and fiscal note summary to the Attorney General for legal review, covering an initiative petition that Shetova Hayes had filed to amend Chapter 558 of the Revised Statutes of Missouri. Chapter 558 is the part of Missouri's criminal code that addresses sentencing for felonies and misdemeanors, including terms of imprisonment and offender classification.

The Auditor's fiscal note summary read: "State governmental entities estimate no additional costs, and possible savings of an unknown amount. Local governmental entities expect no costs or savings." That is a common pattern for sentencing reform proposals: if the proposal reduces incarceration time or otherwise shrinks the corrections population, state costs may go down (savings of an unknown amount), while local jail costs are typically unchanged because pre-trial detention and short county sentences fall under county budgets that are not directly affected by changes to state felony sentencing.

Attorney General Eric Schmitt approved the legal content and form of that fiscal note summary under § 116.175.4, RSMo. The AG's letter included the usual disclaimer that statutory review is not an endorsement of the underlying 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 is Chapter 558 of the Revised Statutes of Missouri?

Chapter 558 covers Missouri's general sentencing rules: terms of imprisonment by felony class, conditional release, fines, and related provisions. Amending Chapter 558 by initiative typically targets sentencing length, eligibility for early release, or the classification of certain offenses.

Why does the fiscal note summary project "no additional costs" but possible savings?

The Auditor's office canvasses state agencies and local governments to compile fiscal notes. For sentencing reductions, the Department of Corrections typically projects savings (fewer offender-days in prison), but the Auditor cannot always quantify those savings in advance, so the summary appears as "possible savings of an unknown amount." If costs would actually increase, that would be flagged.

Why does the summary distinguish between state and local impact?

Missouri's correctional system splits state and local responsibilities. State prison costs sit with the Department of Corrections; county jail costs sit with sheriffs and counties. Changes to Chapter 558 sentencing primarily move offenders in or out of state prison, not county jail, so local entities often expect no fiscal change.

Does AG approval mean the Auditor's numbers are correct?

No. The AG reviews the legal content and form of the summary, not the accuracy of the underlying fiscal estimates. If implementation reveals different impacts, that is a substantive question outside the scope of the AG's review.

What is OP-2019-0088 at the bottom of the letter?

It is the AG office's internal filing identifier for this specific opinion letter. It does not appear on the petition itself.

Background and statutory framework

§ 116.175, RSMo, requires the State Auditor to prepare a fiscal note and fiscal note summary for each initiative petition that meets the threshold for circulation. The Auditor solicits agency and local-government input, drafts the fiscal note, and submits a short summary to the AG under § 116.175.4 for legal review of content and form. Once approved, the summary appears on petitions in circulation and (if the petition reaches the ballot) on the ballot itself. The substance of the underlying proposal, which would modify Chapter 558 of the Missouri Revised Statutes (criminal sentencing), is not analyzed in this opinion.

Citations

• § 116.175, RSMo (fiscal note and fiscal note summary process)
• § 116.175.4, RSMo (AG review of fiscal note summary)
• Chapter 558, Revised Statutes of Missouri (general sentencing provisions)
• Initiative Petition 20-056 (Hayes)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/82-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

May 3, 2019
OPINION LETTER NO. 82-2019

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

Dear Auditor Galloway:

This office received your letter of April 24, 2019, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Shetova Hayes (20-056). The fiscal note summary that you submitted is as follows:

State governmental entities estimate no additional costs, and possible savings of an unknown amount. Local governmental entities expect 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.

Very truly yours,

ERIC S. SCHMITT
Attorney General

Broadway Building
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
www.ago.mo.gov

OP-2019-0088