Passing the Brett Smiley Gun Tax Bill Requires Two-Thirds Majorities

The Brett Smiley 10%-tax-on-firearms bill has been introduced at the Rhode Island Senate, with Providence State Senator Gayle Goldin as the lead sponsor. Money collected from the tax will be used as follows:

(b) All sums received by the division of taxation under this section as taxes, penalties or forfeitures, interest, costs of suit and fines shall be distributed at least quarterly, credited and paid by the state treasurer into a special fund designated for allocation to the various police departments throughout the state. If a city or town does not have a municipal police department, disbursements pursuant to this section shall be made to the highest ranking municipal official.

(c) Allocation of the funds to the various police departments or city or town officials pursuant to subsection (b) shall be made yearly and based proportionally on the number of “total offenses” occurring in said city or town as set forth in the prior year’s uniform crime report published by the Rhode Island state police.

(d) Any money distributed to the various police departments or city or town officials shall be used only for grants to nonprofit organizations whose mission includes a commitment to the reduction of crime and violence in the community. The local police chief and/or highest ranking municipal official of each city or town shall have discretion as to the amount of money allocated and the groups who shall receive said funds.

Since funds collected through this tax will be used exclusively to make local appropriations to private organizations, in accordance with Article VI section 11 of the Rhode Island Constitution, this bill cannot become law without the approval of a 2/3 majority of both houses of the Rhode Island General Assembly…

Vote required to pass local or private appropriations. — The assent of two-thirds of the members elected to each house of the general assembly shall be required to every bill appropriating the public money or property for local or private purposes.

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