Effective - 16 Jun 1999
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.).
Structure Missouri Revised Statutes
Title IX - Suffrage and Elections
Chapter 116 - Initiative and Referendum
Section 116.010 - Definitions.
Section 116.020 - Application of laws.
Section 116.050 - Initiative and referendum petitions, requirements.
Section 116.070 - Petitioner may sign by mark, procedure.
Section 116.080 - Qualifications of circulator — affidavit, notarization, penalty.
Section 116.090 - Petition signature fraud, penalty.
Section 116.100 - Filing of petition, procedure.
Section 116.110 - Signature may be withdrawn, when, how, effect, penalty.
Section 116.115 - Withdrawal of petition, when — vacation of official ballot title, when.
Section 116.140 - Secretary of state's authority not to count forged or fraudulent signatures.
Section 116.185 - Identical ballot titles may be changed, how.
Section 116.195 - Costs of court-ordered ballot title change to be paid by the state.
Section 116.210 - Numbering of proposed constitutional amendments.
Section 116.220 - Labeling of initiative and referendum measures.
Section 116.230 - Sample ballots to be prepared, form.
Section 116.240 - Certification to election authorities of notice to be published — contents.
Section 116.250 - Publication of legal notice.
Section 116.270 - Publications fund created — payments from fund for what, how made.
Section 116.280 - Paper ballots for statewide measures, form.
Section 116.300 - Challengers and watchers at polling places, how designated.
Section 116.320 - Adoption of measure, vote required — effect of approval of conflicting measures.
Section 116.330 - Board of canvassers or governor to issue statement.