Proposed bill would amend state constitution to preserve pension funding for county sheriffs, attorneys

District 146 Rep. Barry Hovis proposed a bill — House Joint Resolution 92 — that would amend the Missouri Constitution to include levying costs and fees to pay salaries and benefits of law enforcement personnel.

According to Hovis, the amendment will recognize current and former sheriffs, current and former prosecuting attorneys and current and former circuit attorneys as administrators of justice and allow collection of a $3 court fee to help pay their pensions.

“Their retirement fund is funded by a $3 fee,” Hovis said. “There was an adverse lawsuit a few years ago that stopped that streaming. The whole text of it by the Supreme Court was whether or not the sheriff is part of the administration of justice. Judges are considered that and they collect court fees for their operations and stuff. The prosecutor collected a fee and the sheriff collected a fee to fund their pension systems. When that adverse ruling came out, it stopped those fees.”

The bill’s proposal stems from the Missouri Supreme Court’s ruling in Fowler v. Missouri Sheriffs’ Retirement System, that collection of the $3 fee violated the state constitution that says “the courts of justice shall be open to every person, and certain remedy afforded for every injury to person, property or character, and that right and justice shall be administered without sale, denial or delay.”

The proposed amendment would add a section to include county law enforcement personnel.

During the 101st General Assembly in 2023, Hovis was able to pass a temporary fix that would fund the pensions with taxpayer money.

“Last year, we did a temporary fix and it passed all the way through. We actually got it through on three bills, to temporarily fund that system with state taxpayer money, which set a precedent,” Hovis said. “But we told them that we would only do this until there’s a long-term measure brought up. That one went through almost unopposed, 140-1 on the House side, to help sheriffs fund their system until we can resolve this funding issue. That was a big deal last year. I didn’t know if we could pass it, but it did.”

Hovis said he doesn’t believe his bill will face much opposition this year and hopes it can pass both the House and Senate to put the decision in the voters’ hands.

“I don’t know if there'll be any opposition. All we’re doing is allowing the people in Missouri to make that decision,” Hovis said. “If it fails, there’s where the issue will be. Then we’re going to go back to the drawing board and determine how to do that. The sheriffs are paying 5% of their salary into their system right now because they’ve got skin in the game, but that’s not enough to fund the system.”

The Pensions Committee — of which Hovis is the chair — held a public hearing regarding HJR 92 on Jan. 23 in which 10 people testified either in person or through written testimony. Five spoke out in opposition to the bill, four in support of it and one testified for informational purposes. Despite the near 50-50 split during the hearing, Hovis believes the bill will likely pass.

“Even with the committee — me discussing with them after the fact — I think most of them are supportive of putting this on the ballot to let the people decide,” Hovis said. “I feel really good about it but, then again, nothing surprises me in Jefferson City. I know the Senate’s got some issues going on right now, and I’m hoping that they don’t continue to hold up measures like this. I think it’s important to get on the ballot.”