Did the Missouri AG approve the form of the State Auditor's fiscal note summary for Winston Apple's initiative petition 2020-141?

Subject

The Missouri AG's review under § 116.175.4, RSMo, of the State Auditor's fiscal note summary for an initiative petition submitted by Winston Apple, designated 2020-141. The fiscal note summary references new health care cooperatives.

Topics: INITIATIVES. INITIATIVE PETITIONS.

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.

Plain-English summary

When a Missouri ballot initiative is circulated for signatures, the petition carries a short fiscal note summary describing the measure's projected costs and savings. The State Auditor drafts that summary, and under Mo. Rev. Stat. § 116.175.4 the Attorney General reviews it for legal content and form.

This letter is AG Eric Schmitt's approval of the fiscal note summary for an initiative petition submitted by Winston Apple and designated 2020-141. The Auditor's projection, which the letter reproduces, refers to new health care cooperatives:

State governmental entities expect any costs to equal any savings. Local governmental entities expect no costs from this proposal and may have savings of an unknown amount if some employees or employees' families switch health care coverage to these new health cooperatives.

The AG noted two limits on the review. The approval is not an endorsement of the petition or its objectives; the review is mandated by statute. And the § 116.175.4 review does not examine the fairness or sufficiency of the estimated fiscal impact, only the legal content and form.

Common questions

Q: What does "approve the legal content and form" of a fiscal note summary mean?

The AG checks that the summary uses appropriate legal language and follows the form prescribed by § 116.175. The review does not check whether the dollar figures are accurate; that estimate is the Auditor's responsibility.

Q: What does the fiscal note say this initiative was about?

The summary references "new health cooperatives" and the possibility that employees or their families could switch health care coverage to them. Beyond that reference, the 264/265-series letters do not lay out the full text of the initiative; the petition is identified as Apple, 2020-141.

Q: What is the difference between the fiscal note summary review and the summary statement review?

The fiscal note summary, drafted by the State Auditor and reviewed under § 116.175, projects costs and savings. The summary statement, drafted by the Secretary of State and reviewed under § 116.334, describes what the initiative does. The AG reviews each separately.

Background and statutory framework

Missouri's initiative-petition process is governed by Mo. Rev. Stat. ch. 116. The State Auditor prepares a fiscal note and a fiscal note summary under § 116.175. The Attorney General reviews the summary for legal content and form under § 116.175.4.

Citations

• Mo. Rev. Stat. § 116.175 (fiscal note process)
• Mo. Rev. Stat. § 116.175.4 (AG review of fiscal note summary for legal content and form)
• Companion fiscal-note review: 264-2019 (Apple, 2020-140)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/265-2019.pdf?sfvrsn=2

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
December 6, 2019

OPINION LETTER NO. 265-2019
The Honorable Nicole Galloway
Missouri State Auditor
State Capitol, Room 121
Jefferson City, MO 65101

Dear Auditor Galloway:

This office received your letter dated December 3, 2019, submitting a fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Winston Apple, (2020-141) the fiscal note summary that you submitted is as follows:

State governmental entities expect any costs to equal any savings. Local governmental entities expect no costs from this proposal and may have savings of an unknown amount if some employees or employees' families switch health care coverage to these new health cooperatives.

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-2019-0299