Governor Bryan this week took action on 24 bills, signing 16 into law and vetoing eight. Among the approved measures is Bill No. 33-0272, which establishes a ratepayer's "Bill of Rights." The intent of this bill was to increase the ratepayer's participation, as well as to make available more information before actions are taken relative to WAPA rate increases. The bill was sponsored by Senators Kenneth Gittens and Alicia Barnes.
Governor Bryan also approved Bill No. 33-0267, which allows the Virgin Islands Board for Career and Technical Education to strengthen and expand the alternative pathways to career readiness currently available for students in public high schools. On the bill, the governor said, "I support career readiness and preparing our students adequately for the workforce."
The bill also requires the board to build on the career and technical (vocational) education program, allowing high school students to gain exposure in their desired vocational career field, obtain national qualifications, and incentivize qualified local businesses territory-wide to participate.
The following are other measures that were approved and vetoed by the governor:
Approved Measures
Bill No. 33-0103 An Act amending several provisions of the Virgin Islands Code providing for learning evaluation of children, postpartum care and minimum standards of health care for incarcerated women and men; establishing a new procedure for obtaining an initial birth certificate; providing for paid time off from work so that parents may visit their children's schools; and providing that health care facilities under the Virgin Islands Government hire discharge planners not later than January 2021.
Bill No. 33-0246, An Act amending Title 19, chapter 45 of the Virgin Islands Code and adding Maternal Mental Health to the Health Title and Mental Health Chapter, to provide behavioral health services to women suffering from perinatal depression.
Bill No. 33-0111, An Act amending Title 19, part VI, of the Virgin Islands Code by adding a new chapter 5GB requiring that the Waste Management Authority designate disposal sites throughout the territory for waste tires, and creating the Waste Tire Management and Disposal Fund.
Bill No. 33-0223, An Act amending Title 24, chapter 19, section 616 (a)(2) of the Virgin Islands Code by requiring that the Commissioner of the Virgin Islands Department of Labor approve any proposed Youth Transitional Employment Program within three (3) months after receipt of the application.
Bill No. 33-0254, An Act amending Act No. 7233 to reprogram monies appropriated to the Virgin Islands Water and Power Authority to be used for the expansion of the Bovoni Water line project.
Bill No. 33-0299, An Act amending Title 29 of the Virgin Islands Code, chapter 19, section 1007 relating to the powers of the Enterprise Zone Commission, to expand its authority; amending section 116 to designate the South Shore of St. Croix as an Enterprise Trade Zone; and adding subchapter lIlA to govern the Virgin Islands South Shore Trade Zone.
Bill No. 33-0322, An Act conditionally rezoning Plot No. 102 and Plot No. 103 Estate Peter's Rest, Christiansted, St. Croix from R-2 (Residential-Low Density-One and Two Family) to B3 (Business Scattered).
Bill No. 33-0334, An Act approving a Planned Area Development for 41,72 acres on Lovango Cay (eastern portion), No. 21 Cruz Bay Quarter, St. John, Virgin Islands and amending Official Zoning Map OIIZJ to allow for a Planned Area Development in the R- 1 (Low Density) Zoning District.
Bill No. 33-0325, An Act amending Title 23 Virgin Islands Code, chapter 10, subchapter I relating to emergencies and major disasters by adding a section 1017 to prohibit unconscionable pricing of goods and services during a declaration of a state of emergency.
Bill No. 33-0347, An Act amending Title 17 Virgin Islands Code, chapter 15, section 190dd to provide scholarship benefits for persons receiving home instruction.
Bill No. 33-0375, An Act appropriating $15,000,000 from the General Fund to the Waste Management Authority to pay outstanding debts to the waste haulers and landfill operators.
Bill No. 33-0415, An Act to authorize the Commissioner of Public Works to accept the residential roads of Estate LaReine, all the roads in Plots No. 148 through Plot No. 195 Estate St. George Villas, and all the roads in Estate Bugby Hole, on the island of St. Croix, into the public roadway system and to utilize the St. Croix Capital Improvement Fund to repair the residential roads in Estate LaReine,
Bill No. 33-0418, An Act providing for the remittance a portion of the revenues realized in excess of the funds appropriated by the Legislature of the Virgin Islands from General Fund for the operation of the Government of the Virgin Islands in the fiscal year ending September 30, 2020 and 2021, to the Government Employees Retirement System ("GERS") to be used exclusively for retirement annuity payments for the fiscal year ending September 30, 2021,
Bill No. 33-0423, An Act amending the Virgin Islands Code relating to the Virgin Islands Compensation Commission, to restrict the Compensation Commission from reducing Senatorial salaries and other expenses below the level existing at the time of the determination, and providing for approval of the Compensation Commission's recommendations by default for the Legislature's nonaction; amending title 2, section 71 to sever senators' salary from that of the lowest annual compensation of the officers itemized in 3 V.I.C. § 29; and providing for the interim retention of the existing salary for members of the Legislature of $85,000.
Vetoed Measures
Bill No. 33-0112, An Act appropriating all revenue derived from the Virgin Islands Police Department (VIPD) collection of fees for initial and renewal firearms an Act appropriating all revenue derived from the Virgin Islands Police Department (VIPD) collection of fees for initial and renewal firearms and ammunition licenses to the St. Croix Career and Technical Education Center. The Governor stated, “I agree with the Legislatures attempt to amend 23 V.I.C. Section 483 to stop fees collected in the regulation of firearms from being deposited into the General Fund, these funds need to be used for a more specific and related purpose concerning firearms and gun control, not given to another department for deposit for urn-elated purposes.” Adding, “based on the crime and violence that is currently plaguing our community I, therefore, recommend the Legislature craft legislation that creates a Gun Control Fund” where fees for the control of firearms and ammunition can be deposited into the fund to use for enforcement of the Control of Firearms and Ammunition chapter and crime prevention.”
Bill No. 33-0115, An Act amending Title 24, chapter 14 of the Virgin Islands Code to transfer the Virgin Islands Labor-Management Committee as a division within the Public Employees’ Relations Board (“PERB”). According to Governor Bryan, while PERB fully supported the measure, research showed that the Virgin Islands Labor-Management Committee is, in fact, a private, not-for-profit corporation. “It has had prior association with the Department of Labor and various labor unions but is not a governmental entity. Based on these findings, the Executive Branch with the office of PERB is actively working with the Bill sponsors to lawfully effectuate the intent of this Bill, but not as a division of PERB,” he said.
Bill No. 33-0410, An Act providing for the disbursement of monies to the Virgin Islands Economic Development Authority to establish the Small Business Relief Grant Program and the COVID- 19 Disaster Loan Program; providing for the disbursement of $2,000,000 from the St. Croix Capital Improvement Fund to the Virgin Islands Economic Development Authority Enterprise Zone Commission for the construction of a state-of-the-art, certified, clean kitchen facility, with storage and classrooms space; and providing for other related purposes.
Bill No. 33-0316, an Act providing Emergency Family Leave. During our now fragile economy, this Bill would be the death knell of our private business sector. Governor Bryan expressed that majority of the VI’s private business has less than 10 employees and that this requirement would be troublesome to them. Furthermore, the governor added that federal law already covers family leave under the Family First Coronavirus Response Act (FFCVA). “The current bill extends beyond that necessary or sustainable by any business without providing any financial relief to the business sector. We cannot cripple our economy any further but must find viable solutions and programs for the public,” Mr. Bryan said.
Bill No. 33-0348, an Act amending Title 27 Virgin Islands Code, chapter 1, subchapter I relating to licensing of medical professionals to provide for a two-year licensure period; amending subchapter lIb to repeal provisions that appear in subchapter I and provisions that have become obsolete, and amending subchapter JIb, section 50i to allow physician assistants to prescribe, dispense, and administer Schedule II through V narcotic drugs and non-narcotic drugs to the extent delegated by a physician. Governor Bryan stated, “The changes under Section 1 that this Bill allows for will delete an entire subchapter of the Code taking away many of the licensing rights, powers, and duties for practitioners and the board of medical professionals. By deleting a whole section of the Code without providing any alternative sections, this Bill and the Legislature’s action negatively affects the operation of the entire medical profession. Section 1(b) Ion pg 2] states, “subchapter II is stricken in its entirety.
“Therefore, I must veto this Bill and respectfully urge the Legislature to be cognizant of the consequences to these professionals for its actions when proposing to delete whole chapters of the law without reason or substitution.”
Bill No. 33-0370, an Act appropriating $800,000 to the Virgin Islands Bureau of Motor Vehicles to renovate a building located at #100 Crown Bay, St. Thomas, Virgin Islands. According to the governor, the Bureau has already been allocated funding by the Federal Emergency Management Agency for the repairs incurred from Hurricanes Irma and Maria.
Bill No. 33-0416, an Act appropriating up to $3 million from the Cares Act to the Department of Labor in fiscal year ending September 30, 2021. The Governor explained that he has already instructed the Director of the Office of Management and Budget OMB to provide $3 million of the funds received through the Cares Act to the Department of Labor to fulfill local match obligations so that qualified persons can receive additional unemployment benefits of $100 a week for four weeks. “As the Director of OMB and the Office of Disaster Recovery manage disaster funds, a legislative resolution should have been sent instead but the intent is appreciated,” Governor Bryan said
Bill No. 33-0420, an Act amending title 29, chapter 10, section 543 relating to the powers of the Virgin Islands Port Authority to authorize the Authority establish its own self-insurance or captive insurance program to cover and manage certain risks.
While Mr. Bryan stated that he supports the intent of the measure; he said he had no choice but to veto it, citing multiple reasons for the veto. According to the governor, the Virgins Islands Port Authority does not qualify for the Commercial Self-Insurance Fund program as a government entity and is only one party. He said the Self-Insurance Fund program requires a group of members.
He added, “VIPA cannot qualify for the local captive insurance program as that program requires the insured risk to be located outside the USVI. Clearly, all of VIPAs assets and risks are located in the USVI.”
Lastly, the governor explained that VIPA presented a revised bill to the Legislature with the approval of the Division of Banking and Insurance, which would have created a new subchapter to Title 29 that would have qualified VIPA for a governmental agency Self-Insurance Fund program. However, that revised bill was not substituted for the present bill.
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