2021 - 2022 LEGISLATURE
November 19, 2021 - Introduced by Senators Roth,
Feyen and Wanggaard,
cosponsored by Representatives
Sortwell, Brandtjen, Gundrum, Knodl,
Kuglitsch, Mursau, Thiesfeldt and Tittl. Referred to Committee on
Veterans and Military Affairs and Constitution and Federalism.
section 9 (3) of article IV and section 12 of article VIII of the constitution; 2relating to: creation of a police and fire fund, and deposit of moneys into the
3police and fire fund (first consideration).
Analysis by the Legislative Reference Bureau
Under current law, a communications provider is required to collect from each
subscriber of a communications service a monthly fee of 75 cents on each
communications service connection with an assigned telephone number, including
a communications service provided via a voice over Internet protocol (VoIP)
connection. The communications provider must identify the fee as a “charge for
funding countywide 911 systems plus police and fire protection fee”. The fee is
commonly referred to as the “police and fire protection fee.” The fee is administered
by the Public Service Commission, and the revenue from the fee is deposited in the
police and fire protection fund. Under current law, most of the revenue from the
police and fire protection fund is used to make county and municipal aid payments.
This proposed constitutional amendment, proposed to the 2021 legislature on
first consideration, requires that revenues from a police and fire protection fee be
deposited into a police and fire fund and used only for county and municipal police
and fire protection services, including county and municipal emergency response
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
4Resolved by the
senate, the assembly concurring, That:
Section 9 (3) of article IV of the constitution is created to read:
[Article IV] Section 9 (3) The legislature shall provide by law for the 3
establishment of a police and fire fund and shall designate or create a state agency 4
to administer the fund.
Section 12 of article VIII of the constitution is created to read:
[Article VIII] Section 12. All funds collected by the state from fees levied or 7
imposed on subscribers of active retail communications services and collected by 8
communications providers on each communications service connection with an 9
assigned telephone number, including a communications service provided via a voice 10
over Internet protocol connection, shall be designated the police and fire protection 11
fee and used only for county and municipal police and fire protection services, 12
including county and municipal emergency response systems, and shall be deposited 13
only into the police and fire fund. None of the funds collected or received by the state 14
from any source and deposited into the police and fire fund shall be lapsed, further 15
transferred, or appropriated to any program that is not directly administered in 16
furtherance of this section.
. Numbering of new provision.
If another constitutional 18
amendment ratified by the people creates the number of any provision created in this 19
joint resolution, the chief of the legislative reference bureau shall determine the 20
sequencing and the numbering of the provisions whose numbers conflict.
21Be it further resolved, That
this proposed amendment be referred to the 22
legislature to be chosen at the next general election and that it be published for 3 23
months previous to the time of holding such election.