COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4005S.02C Bill No.:SCS for SJR 71 Subject:Attorneys; Constitutional Amendments; Courts; County Officials; Fees; Law
Enforcement Officers and Agencies; Public Officers
Type:Original Date:February 27, 2024Bill Summary:This proposal provides for the levying of certain costs and fees to support the
salaries and benefits of sheriffs, prosecuting attorneys, and circuit attorneys.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027
General Revenue*
$0 or (More than
$8,000,000)$0$0
Total Estimated Net
Effect on General
Revenue
$0 or (More than
$8,000,000)$0$0
*The potential fiscal impact of “(More than $8,000,000)” would be realized only if a special
election were called by the Governor to submit this joint resolution to voters.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 4005S.02C
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on FTE 000
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Local Government$0*$0 or Unknown$0 or Unknown
*Transfer out and transfer in net to zero if the Governor calls a special election. L.R. No. 4005S.02C
Bill No. SCS for SJR 71
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FISCAL ANALYSIS
ASSUMPTION
Oversight was unable to receive some of the agency responses in a timely manner due to the
short fiscal note request time. Oversight has presented this fiscal note on the best current
information that we have or on information regarding a similar bill. Upon the receipt of agency
responses, Oversight will review to determine if an updated fiscal note should be prepared and
seek the necessary approval to publish a new fiscal note.
In response to a similar proposal, HCS for HJR 92 (2024), officials from Office of the Secretary
of State (SOS) assumed, each year, a number of joint resolutions that would refer to a vote of the
people a constitutional amendment and bills that would refer to a vote of the people the statutory
issue in the legislation may be considered by the General Assembly.
Unless a special election is called for the purpose, Joint Resolutions proposing a constitutional
amendment are submitted to a vote of the people at the next general election. Article XII section
2(b) of the Missouri Constitution authorizes the governor to order a special election for
constitutional amendments referred to the people. If a special election is called to submit a Joint
Resolution to a vote of the people, section 115.063.2 RSMo requires the state to pay the costs.
The cost of the special election has been estimated to be $8 million based on the cost of the 2022
primary and general election reimbursements.
The Secretary of State’s office is required to pay for publishing in local newspapers the full text
of each statewide ballot measure as directed by Article XII, Section 2(b) of the Missouri
Constitution and Section 116.230-116.290, RSMo. Funding for this item is adjusted each year
depending upon the election cycle. A new decision item is requested in odd numbered fiscal
years and the amount requested is dependent upon the estimated number of ballot measures that
will be approved by the General Assembly and the initiative petitions certified for the ballot. In
FY 2014, the General Assembly changed the appropriation so that it was no longer an estimated
appropriation.
For the FY25 petitions cycle, the SOS estimates publication costs at $60,000 per page. This
amount is subject to change based on number of petitions received, length of those petitions and
rates charged by newspaper publishers.
The Secretary of State’s office will continue to assume, for the purposes of this fiscal note, that it
should have the full appropriation authority it needs to meet the publishing requirements.
Because these requirements are mandatory, the SOS reserves the right to request funding to meet
the cost of the publishing requirements if the Governor and the General Assembly again change
the amount or continue to not designate it as an estimated appropriation.
Oversight has reflected, in this fiscal note, the state potentially reimbursing local political
subdivisions the cost of having this joint resolution voted on during a special election in fiscal L.R. No. 4005S.02C
Bill No. SCS for SJR 71
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year 2025. This reflects the decision made by the Joint Committee on Legislative Research that
the cost of the elections should be shown in the fiscal note. The next scheduled statewide general
election is in November 2024 (FY 2025). It is assumed the subject within this proposal could be
on this ballot; however, it could also be on a special election called for by the Governor (a
different date). Therefore, Oversight will reflect a potential election cost reimbursement to local
political subdivisions in FY 2025.
In response to a similar proposal, HCS for HJR 92 (2024), officials from Joint Committee on
Public Employee Retirement (JCPER) stated they have reviewed the proposal. The bill has no
direct fiscal impact to the Joint Committee on Public Employee Retirement.
According to actuarial information provided by the retirement system, this proposal would
constitute a “substantial proposed change” in future plan benefits as defined in section
105.660(10). Pursuant to section 105.670, an actuarial cost statement must be filed with the
Chief Clerk of the House of Representatives, the Secretary of the Senate, and the Joint
Committee on Public Employee Retirement as public information for at least five legislative
days prior to final passage.
Oversight notes according to the 2023 Annual Report to the General Assembly by the Joint
Committee on Public Employee Retirement, the Sheriffs’ Retirement System had the following
activity:
Employer contributions: $973,559
Market Value (2021) $53,526,623
Actuarial Value (2021) $50,537,005
Liabilities (2021) $46,965,919
In response to a similar proposal, HCS for HJR 92 (2024), officials from the Sheriffs’
Retirement System stated the impact is unknown at this time. If the constitutional amendment
passes, it would restore the court fine collection in current statute for the MO Sheriffs'
Retirement System.
In response to the previous version, officials from Office of the State Courts Administrator
(OSCA) stated there may be some impact but there is no way to quantify that currently. Any
significant changes would be reflected in future budget requests.
Oversight previously requested additional information from OSCA but did not receive a
response.
Oversight will not show an impact to OSCA for this proposal.
Officials from the Department of Revenue assume the proposal will have no fiscal impact on
their organization. Oversight does not have any information to the contrary. Therefore,
Oversight will reflect a zero impact in the fiscal note for this agency. L.R. No. 4005S.02C
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Officials from the Prosecuting Attorneys’ & Circuit Attorneys’ Retirement System did not
respond to Oversight’s request for fiscal impact for this proposal.
In response to a similar proposal, HCS for HJR 92 (2024), officials from the Missouri Office of
Prosecution Services and the Phelps County Sheriff each assumed the proposal would have no
fiscal impact on their respective organizations.
Oversight notes, based on an article in Forbes, the court fees accounted for approximately $2.1
million annually for the Sheriffs’ Retirement System.
Oversight assumes if the court fine collection is restored by this resolution, this would result in
savings to local political subdivision from reduced employer contributions beginning in FY
2026.
FISCAL IMPACT – State GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027GENERAL REVENUETransfer Out - SOS - reimbursement of
local election authority election costs if
a special election is called by the
Governor
$0 or (More
than
$8,000,000)$0$0
ESTIMATED NET EFFECT ON
GENERAL REVENUE
$0 or (More
than
$8,000,000)$0$0
FISCAL IMPACT – Local GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027LOCAL POLITICAL
SUBDIVISIONS
Savings – Sheriffs - from reduced
employer contributions for the Missouri
Sheriffs’ Retirement System if funding
through court costs is restored$0$0 or Unknown$0 or Unknown
Transfer In - Local Election Authorities
- reimbursement of election costs by the
State for a special election
$0 or More
than
$8,000,000$0$0 L.R. No. 4005S.02C
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FISCAL IMPACT – Local GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027Costs - Local Election Authorities - cost
of a special election if called for by the
Governor
$0 or (More
than
$8,000,000)$0$0
ESTIMATED NET EFFECT ON
LOCAL POLITICAL
SUBDIVISIONS$0
$0 or
Unknown
$0 or
Unknown
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This proposed constitutional amendment, if approved by the voters, provides that the
administration of justice shall include levying costs and fees to support salaries and benefits for
sheriffs, prosecuting attorneys, and circuit attorneys.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Office of the Secretary of State
Joint Committee on Public Employee Retirement
Office of the State Courts Administrator
Missouri Office of Prosecution Services
Sheriffs’ Retirement System
Phelps County Sheriff
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 27, 2024February 27, 2024