2011 -- H 6306 AS AMENDED

Enacted 07/12/11







     Introduced By: Representatives Silva, and McLaughlin

     Date Introduced: June 28, 2011



     WHEREAS, It is in the public interest to encourage economic development projects

which enhance the economic welfare and happiness of the inhabitants of the state; and

     WHEREAS, It is in the public interest to ensure that when state laws are enacted to

facilitate the financing of, or provide tax benefits to, these projects that the State review the

projects to ensure that they yield the public benefit expected; and

     WHEREAS, Wyatt Detention Facility is operated by the Central Falls Detention Facility

Corporation (CFDFC), a non-profit corporation created in 1991 through an Intergovernmental

Agreement (IGA) between the United States Marshal Service (Marshal’s Service) and the City;


     WHEREAS, The creation of CFDFC was authorized by R.I. General Law 45-54-1 et seq.

(the Detention Center Act), which allows municipalities to pursue economic development through

the acquisition or construction of correctional facilities; and

     WHEREAS, As a tax-exempt entity, Wyatt was expected to make an annual impact fee

payment to the City in order to still provide the City with the benefit of economic development -

tax revenue for the City - but would do so in the form of an impact fee payment rather than taxes;


     WHEREAS, The non-payment of impact fees by the Wyatt Detention Facility is a

contributing factor to the fiscal challenges facing the City; now, therefore be it

     RESOLVED, That a special joint study commission to be known as the “Special Joint

Commission to Study the Wyatt Detention Facility,” is hereby created consisting of seven (7)

members: two (2) of whom shall be members of the Senate, not more than one of whom shall be

from the same political party, to be appointed by the Senate President; two (2) of whom shall be

members of the House, not more than one of whom shall be from the same political party, to be

appointed by the Speaker of the House; city clerk of Central Falls, to be appointed by the Central

Falls Receiver; and two (2) experts in the public safety field, one of whom shall be the Director of

the Rhode Island Department of Public Safety, or his or her designee; and one of whom shall be

the Commissioner of the Rhode Island Department of Public Safety, or his or her designee.

     In lieu of any appointment of a member of the legislature to an advisory commission, a

legislative study commission, or any commission created by a General Assembly resolution, the

appointing authority may appoint a member of the general public to serve in lieu of a legislator.

     The purpose of said commission shall be to make a comprehensive study of Wyatt

Detention Facility and its operations and finances.

     Forthwith upon passage of this resolution, the members of the commission shall meet and

organize and shall select a chairperson.

     Vacancies in said commission shall be filled in like manner as the original appointment.

     The members of said commission shall receive no compensation for their services.

     The Wyatt Detention Facility, including but not limited to its Board of Directors and any

and all staff, the City of Central Falls, and all departments and agencies of the state shall furnish

such advice and information, documentary and otherwise, to said commission and agents as is

deemed necessary or desirable by the commission to facilitate the purposes of this resolution. The

Joint Committee on Legislative Services is hereby authorized and directed to provide suitable

meeting space for said commission; and be it further

     RESOLVED, That the commission shall report periodically on its findings and will

report recommendations to improve the efficiency and financial stability of the organization to

the Senate and the House with a copy to the Director of Revenue and the Governor’s Office no

later than December 1, 2011, and said commission shall expire on February 1, 2012.