Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Marc Ellinger pertaining to a proposed amendment to Article X of the Missouri Constitution (version 2a).

SALUS ATTORNEY GENERAL OF MISSOURI JEFFERSON CITY CHRIS KOSTER P.O. Box 899 ATTORNEY GENERAL 65102 (573) 751-3321 February 16, 2011 OPINION LETTER NO. 35-2011 The Honorable Thomas Schweich Missouri State Auditor State Capitol, Room 121 Jefferson City, MO 65101 Dear Auditor Schweich: This office received your letter of February 7, 2011, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Marc Ellinger (version 2a). The fiscal note summary that you submitted is as follows: The total cost, savings, and/or change in tax revenue to state and local governmental entities cannot be determined. The proposal (1) requires a range of legislative action with unknown outcomes, and (2) will result in changes to consumer spending patterns that cannot be presently quantified. Under § 116.175.4, "[t]he attorney general shall approve the legal content and form of the fiscal note summary." You have concluded that you "cannot determine []" the "estimated cost or savings, if any, to state or local governmental entities." The form of the fiscal note summary is approved. In the absence of any case law precedent requiring you to state the measure's estimated costs or savings when you determine that it is not possible to do so, we also approve the legal content of your summary. Very truly yours, Chin Khi CHRIS KOSTER Attorney General OP-2011-0052 www.ago.mo.gov