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Title IX SUFFRAGE AND ELECTIONS

Chapter 116

Effective - 16 Jun 1999, see footnote bottom

  116.170.  Fiscal note and fiscal note summary to be provided by state auditor if not provided by general assembly. — If the general assembly adopts a joint resolution proposing a constitutional amendment or a bill without a fiscal note summary, which is to be referred to a vote of the people, the state auditor shall, within thirty days of delivery to the auditor, prepare and file with the secretary of state a fiscal note and a fiscal note summary for the proposed measure in accordance with the provisions of section 116.175.

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(L. 1980 S.B. 658, A.L. 1983 S.B. 234, A.L. 1993 S.B. 350, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676)

Effective 6-16-99

(1994)  Words "insufficient and unfair" as used in section and applied to fiscal notes mean to inadequately and with bias, prejudice, deception and/or favoritism state the fiscal consequences of the proposed proposition.  Test of fiscal note summary is not whether summary is the best language for describing effect.  Burden is on opponents of language for describing effect.  Burden is on opponents of language to show that language was insufficient and unfair.  Hancock v. Secretary of State, 885 S.W.2d 42 (Mo. App. W.D.).

(1994)  Where statute requires that cost be addressed in a fiscal note summary only in cases when a proposition has cost, fiscal note summary attached to initiative proposition was not insufficient when it did not address cost, since proposition would not generate cost or savings.  Committee on Legislative Research v. Mitchell, 886 S.W.2d 662 (Mo.App.W.D.).


---- end of effective   16 Jun 1999 ----

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