Missouri’s Amendment 6 would collect “costs and taxes” on law enforcement retirements, but includes no limits

JEFFERSON CITY, Mo. (KFVS) – Missouri voters will decide on Amendment 6, which would make supporting the pay and benefits of certain law enforcement officers an official part of the state’s administration of justice.

The amendment would add the following paragraph to section 14 Missouri Constitution:

“To ensure that all Missourians have access to the courts of justice as guaranteed by this Constitution, the administration of justice shall include the collection of costs and fees to support the salaries and benefits of sheriffs, former sheriffs, prosecutors, former prosecutors . , circuit attorneys and former circuit attorneys.”

Amendment 6 established that the collection of costs and fees to support current and former sheriffs and prosecutors is an official part of what the state considers the “administration of justice.”

The change was designed after a recent court ruling struck down a $3 fee that had been levied for that purpose, with the judge saying that retired sheriffs aren’t technically part of the administration of justice, only current ones.

“They said it was a technicality,” Cole County Sheriff John Wheeler said. “I appreciate that and that’s why we’re going to go for it, so we can get through right now. If we don’t do anything about it, Sheriff’s Retirement will be bankrupt in nine years, and there are over 200 people right now receiving services from this.”

Opponents of Amendment 6 disagree that a solution is needed to ensure consistent funding for retired sheriffs and prosecutors, but that this mechanism is inconsistent because it is tied to the amount of crime in a community.

Amendment 6 does not include any requirement that someone be convicted before a fee is levied, saying only that “the administration of justice shall include the levying of costs and fees . . .”
The amendment also does not include a cap on these fees, describe what types of costs are covered by the amendment, or to whom these fees may be charged.

“This is not the right solution to make sure you know that these really important players in our criminal justice system are actually getting the pensions and benefits they were promised,” said Mallory Rusch, executive director of Empower Missouri.

Wheeler said any judge could still waive court costs and fees if he determines it would be too much of a hardship on a defendant.

Below is the official ballot title and language voters will see on their ballots. The full text of the amendment is listed in Joint resolution of the Senate no. 71.

Official title of the ballot:

Will the Missouri Constitution be amended to provide that the administration of justice shall include the collection of costs and fees to support the salaries and benefits of certain current and former law enforcement personnel?

State and local government entities estimate an unknown fiscal impact.

Correct voting language:

A “yes” vote will amend the Missouri Constitution to levy costs and taxes to support the salaries and benefits of current and former sheriffs, prosecutors and circuit attorneys to ensure all Missourians have access to the courts of justice.

A “no” vote will not amend the Missouri Constitution to levy costs and fees on current or former sheriffs, district attorneys, and circuit attorneys.

If passed, this measure will have no impact on taxes.