Hoskins Reaffirms Decision to Not Seek AG’s Opinion on Ballot Language

JEFFERSON CITY, Mo. – State Rep. Denny Hoskins, R-Warrensburg, has reaffirmed his decision not to seek an opinion from the Missouri attorney general on the meaning of ballot language for the quarter-cent jail sales tax. Hoskins has maintained that the ballot language is a local county issue rather than a state issue and that the responsibility for seeking an opinion falls on the shoulders of the Johnson County prosecutor’s office.

“A state representative has the authority to request an opinion from the attorney general’s office when it is relevant to their duties. In this case, this is not an issue of state law and thus not relevant to my duties as a state legislator,” said Hoskins. “This is a local county issue that needs to be addressed by the county’s legal counselor.”

Hoskins consulted with House legal staff on the issue. They referred him to Missouri Statute 27.040 which states that “any circuit or prosecuting attorney upon any question of law relative to their respective offices or the discharge of their duties” may request an opinion from the attorney general’s office. Hoskins said because the local county prosecuting attorney’s office includes serving as the county’s legal counselor that it is clearly relative to the discharge of their duties to seek an opinion on a local county ballot issue. If the county prosecutor’s office sees merit in the request, then their office can request an opinion from the attorney general’s office.

The local county ballot issue for the new jail was approved by voters six months ago in August 2010. In December 2010, former Johnson County Auditor Kay Dolan Reynolds asked Hoskins to seek an opinion on the ballot language. Reynolds was concerned the language would prohibit the county from spending funds from the jail sales tax before the bonds are paid off. The Johnson County commissioners, current county auditor, and bonding attorney Gilmore & Bell contain that as long as the bond payments are made, the county can spend any additional tax revenue on county jail maintenance and operation expenses.