Missouri voters will be asked to vote on Amendment 6 on Nov. 5, deciding whether law enforcement pensions should be funded with court fees.
If approved by a simple majority of voters, Amendment 6, called Levying of Fees to Support Salaries of Law Enforcement personnel, would reverse a 2021 Missouri Supreme Court ruling that found a court fee used to fund sheriff’s pensions unconstitutional. The fee was enacted in 1983.
The proposed amendment calls for a $3 fee to be paid in cases when a guilty verdict or plea is reached, and those funds would benefit county sheriffs and their spouses. In addition, a $4 fee for prosecutors would be charged, for a total of $7.
According to the Secretary of State website, the measure, if passed, would not impact taxes.
State Sen. Rusty Black (R) originally filed the amendment, which the Missouri General Assembly placed on the November ballot.
“Senate Joint Resolution 71, a resolution that I filed, would ask voters to enshrine into the state’s constitution that sheriffs play a crucial role in the administration of justice, which would ensure a robust retirement fund for sheriffs as they approach the end of their careers,” Black said in one of his newsletters to constituents.
The Committee to Ensure a Future for Sheriffs & Prosecutors is the main group promoting Amendment 6.
Priya Sarathy Jones, deputy executive director of the Fines and Fees Justice Center in Washington, D.C., told Missouri lawmakers that while the retirement funds for sheriffs and prosecutors should be adequately funded, doing so with court fees is ineffective.
“When fines and fees go unpaid, judges may issue arrest warrants for failing to pay, leading to law enforcement arresting people for not paying financial obligations – most often because they are too poor to pay,” she said. “The time spent on these debt collection and enforcement efforts diverts law enforcement and courts from their core responsibilities. The collection of fines and fees by law enforcement has been found to be associated with lower clearance rates for more serious crimes.”
The official ballot language reads:
“Shall the Missouri Constitution be amended to provide that the administration of justice shall include the levying of costs and fees to support salaries and benefits for certain current and former law enforcement personnel?
State and local governmental entities estimate an unknown fiscal impact.”