2023 - 2024 LEGISLATURE
March 1, 2023 - Introduced by Senator Jacque, cosponsored by Representatives
Sortwell, Behnke, Brandtjen, Donovan, Michalski, Murphy, Mursau and
Bodden. Referred to Committee on Licensing, 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 constitutional amendment, proposed to the 2023 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 expenses related to updating
the 911 service infrastructure. The amendment also requires the Department of
Military Affairs to administer the fee.
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 create the department of military 4
affairs 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 shall be deposited only into the police and fire fund. The police and fire 12
protection fee shall be used only for expenses related to updating the 911 service 13
infrastructure, including the emergency services Internet protocol network, cost 14
recovery by originating service providers and the third-party providers they use to 15
connect to an emergency services Internet protocol network, public safety answering 16
point grants, and geographic information systems data grants. Public safety 17
answering point grants under this section may include grants for the advanced 18
training of telecommunicators, for equipment or software expenses, and for 19
incentives to consolidate some or all of the functions of two or more public safety 20
answering points. No grant funds provided under this section shall be used for 21
overhead or staffing costs or costs for providing emergency services or emergency 22
services equipment. None of the funds collected or received by the state from any 23
source and deposited into the police and fire fund shall be lapsed, further transferred, 24
or appropriated to any program that is not directly administered in furtherance of 25
3. Numbering of new provision.
If another constitutional 2
amendment ratified by the people creates the number of any provision created in this 3
joint resolution, the chief of the legislative reference bureau shall determine the 4
sequencing and the numbering of the provisions whose numbers conflict.
5Be it further resolved, That
this proposed amendment be referred to the 6
legislature to be chosen at the next general election and that it be published for three 7
months previous to the time of holding such election.