1 | 1 | | LRB-0487/1 |
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2 | 2 | | JK:amn |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY JOINT RESOLUTIO N 15 |
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5 | 5 | | March 8, 2023 - Introduced by Representatives SORTWELL, BEHNKE, BRANDTJEN, |
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6 | 6 | | DONOVAN, MICHALSKI, MURPHY and MURSAU, cosponsored by Senator JACQUE. |
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7 | 7 | | Referred to Committee on Criminal Justice and Public Safety. |
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8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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9 | 9 | | To create section 9 (3) of article IV and section 12 of article VIII of the constitution; |
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10 | 10 | | relating to: creation of a police and fire fund, and deposit of moneys into the |
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11 | 11 | | police and fire fund (first consideration). |
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12 | 12 | | Analysis by the Legislative Reference Bureau |
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13 | 13 | | Under current law, a communications provider is required to collect from each |
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14 | 14 | | subscriber of a communications service a monthly fee of 75 cents on each |
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15 | 15 | | communications service connection with an assigned telephone number, including |
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16 | 16 | | a communications service provided via a voice over Internet protocol (VoIP) |
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17 | 17 | | connection. The communications provider must identify the fee as a “charge for |
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18 | 18 | | funding countywide 911 systems plus police and fire protection fee.” The fee is |
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19 | 19 | | commonly referred to as the “police and fire protection fee.” The fee is administered |
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20 | 20 | | by the Public Service Commission, and the revenue from the fee is deposited in the |
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21 | 21 | | police and fire protection fund. Under current law, most of the revenue from the |
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22 | 22 | | police and fire protection fund is used to make county and municipal aid payments. |
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23 | 23 | | This constitutional amendment, proposed to the 2023 legislature on first |
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24 | 24 | | consideration, requires that revenues from a police and fire protection fee be |
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25 | 25 | | deposited into a police and fire fund and used only for expenses related to updating |
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26 | 26 | | the 911 service infrastructure. The amendment also requires the Department of |
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27 | 27 | | Military Affairs to administer the fee. |
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28 | 28 | | A proposed constitutional amendment requires adoption by two successive |
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29 | 29 | | legislatures, and ratification by the people, before it can become effective. |
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30 | 30 | | Resolved by the assembly, the senate concurring, That: |
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37 | 37 | | SECTION 1 |
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38 | 38 | | 2023 - 2024 Legislature |
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39 | 39 | | SECTION 1. Section 9 (3) of article IV of the constitution is created to read: |
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40 | 40 | | [Article IV] Section 9 (3) The legislature shall provide by law for the |
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41 | 41 | | establishment of a police and fire fund and shall create the department of military |
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42 | 42 | | affairs to administer the fund. |
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43 | 43 | | SECTION 2. Section 12 of article VIII of the constitution is created to read: |
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44 | 44 | | [Article VIII] Section 12. All funds collected by the state from fees levied or |
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45 | 45 | | imposed on subscribers of active retail communications services and collected by |
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46 | 46 | | communications providers on each communications service connection with an |
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47 | 47 | | assigned telephone number, including a communications service provided via a voice |
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48 | 48 | | over Internet protocol connection, shall be designated the police and fire protection |
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49 | 49 | | fee and shall be deposited only into the police and fire fund. The police and fire |
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50 | 50 | | protection fee shall be used only for expenses related to updating the 911 service |
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51 | 51 | | infrastructure, including the emergency services Internet protocol network, cost |
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52 | 52 | | recovery by originating service providers and the third-party providers they use to |
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53 | 53 | | connect to an emergency services Internet protocol network, public safety answering |
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54 | 54 | | point grants, and geographic information systems data grants. Public safety |
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55 | 55 | | answering point grants under this section may include grants for the advanced |
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56 | 56 | | training of telecommunicators, for equipment or software expenses, and for |
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57 | 57 | | incentives to consolidate some or all of the functions of two or more public safety |
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58 | 58 | | answering points. No grant funds provided under this section shall be used for |
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59 | 59 | | overhead or staffing costs or costs for providing emergency services or emergency |
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60 | 60 | | services equipment. None of the funds collected or received by the state from any |
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61 | 61 | | source and deposited into the police and fire fund shall be lapsed, further transferred, |
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62 | 62 | | or appropriated to any program that is not directly administered in furtherance of |
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63 | 63 | | this section. |
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91 | 91 | | SECTION 3 |
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92 | 92 | | 2023 - 2024 Legislature |
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93 | 93 | | SECTION 3. Numbering of new provision. If another constitutional |
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94 | 94 | | amendment ratified by the people creates the number of any provision created in this |
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95 | 95 | | joint resolution, the chief of the legislative reference bureau shall determine the |
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96 | 96 | | sequencing and the numbering of the provisions whose numbers conflict. |
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97 | 97 | | Be it further resolved, That this proposed amendment be referred to the |
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98 | 98 | | legislature to be chosen at the next general election and that it be published for three |
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99 | 99 | | months previous to the time of holding such election. |
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100 | 100 | | (END) |
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