ST. THOMAS — The Senate approved employment-related bills among multiple measures during its first legislative session of the year Monday in the Earl B. Ottley Legislative Hall on St. Thomas.
The 35th Legislature of the Virgin Islands approved new leadership at the Department of Human Services and Virgin Islands Fire and Emergency Medical Services in addition to a seasoned judge to the Virgin Islands Supreme Court and four board members.
Additionally, the lawmaking body approved zoning requests to include those needed for live music and short-term rentals at Serenity’s Nest on St. Croix and a 52-room business hotel in Estate Nisky. Senators approved resolutions honoring residents for their contributions to the community. They also approved lease agreements, including a lease for an architecture center in Christiansted.
Furthermore, Senator Alma Francis Heyliger special ordered a measure to the agenda relating to the selection of the territory’s attorney general. She moved for her measure, a resolution, to be sent to the committee of jurisdiction for consideration.
Heyliger’s measure, Bill No. 35-0248, is a resolution to petition U.S. Congress to amend the Revised Organic Act to authorize the people of the Virgin Islands to elect an attorney general for the territory to a six-year term. It requires the AG to be at least 30 years old, and a VI resident for three years preceding the election. It was assigned to the Committee on Homeland Security, Justice and Public Safety.
Approved bills:
The approved bills include two measures that will aid residents who have gone through the criminal justice system in gaining employment as one, Bill No. 35-0178, allows for automatic expungement of arrest records pending a finding of no probable cause. The other measure, Bill No. 35-0115, delays criminal record checks during the hiring process until after the interview process to ensure a fair chance.
Another employment-related measure, Bill No. 35-0133, establishes a maritime industry scholarship with a $100,000 appropriation.
Lawmakers also approved Bill No. 35-0218, which reduces the number of weeks that unemployment benefits can be received to 16 from 26 weeks to slow benefits and positively impact the unemployment insurance trust fund. The unemployment laws were further amended to increase the statute of limitations to five years from two for the collection of overpayments of unemployment benefits made to claimants, as well as to establish a 10-year statute of limitations to collect on a lien placed on a claimant’s property.
The Senate amended the law with the approval of Bill No. 35-0196 to require the board of the Government Employees’ Retirement System to resume the personal loan program by September 30. The measure allows for adjustment of the 8% fixed interest rate to be set at a rate not to exceed 12%, as well as to remove the $10 million annual aggregate amount per island district, limit the liability of GERS to $75,000, require all loans be structured such that the payoff date occurs before the retiree reaches 70 years old.
Lawmakers approved a Revenge Port Act with passage of Bill No. 35-0182, which makes the intentional dissemination of another person engaged in a sexual act or whose intimate parts are exposed a misdemeanor punishable by up to a year in prison or a fine of up to $5,000, or both.
Senators approved bills that establish a minimum amount for child support, adopt national building codes, require the Public Services Commission to file an official complaint, reprogram funding, recognize March as Girl Scout Month, and create a diabetes registry.
Bill No. 35-0226 establishes a minimum default amount for child support. Any parent who fails to provide the financial information necessary to compute the child support amount provided for in the law shall pay a minimum default monthly child support of not less than $1,000 for the first child, and $150 for each additional child. The Senate amended the bill to strike “minimum” and “not less than.”
Bill No. 35-0172 amends the law to provide for adoption of nationally recognized, consensus-based codes and standards, and amendments to such codes that are in the best interests of the territory, as well as to provide for clarifications to the Virgin Islands building code.
Bill No. 35-0247, which Senator Donna Frett-Gregory special ordered to the agenda, is a resolution requiring the Public Services Commission to file an official complaint with the Federal Communications Commission on behalf of the people of the Virgin Islands against Liberty Latin America, or Liberty USVI.
Bill No. 35-0249, which was special ordered to the agenda, reprograms funds remaining from the emergency first responder line of credit totaling about $115,000, as amended by Act No. 7876, to assist the Virgin Islands Police Department in hosting the National Alliance for State Drug Enforcement Agencies symposium in June.
Bill No. 35-0237, which was special ordered to the agenda, recognizes March as Girl Scout Month.
Bill No. 35-0207 establishes within the Department of Health the Territorial Chronic Kidney Disease, Stroke and Diabetes Registry to serve as the territorial surveillance system and repository of data regarding patients receiving dialysis, or patients diagnosed with chronic kidney disease, stroke, or diabetes.
The bill was approved with the following non-germane amendments:
To amend Act No. 8681, which established the Sixth Constitutional Convention, further amended by Act No. 8788, by allowing for the selection of an at-large delegate as well as for delegates to use accrued or accumulated annual leave in taking a leave of absence. Persons taking such leave of absence who have not accrued or accumulated annual leave shall do so without pay but without prejudice to seniority or their employment rights. A petition for delegate at large must be signed by 25 qualified voters in both districts for a total of 50 signatures.
To amend Act No. 8437, which authorized in 2020 the transfer of land in Hannah’s Rest owned by the Virgin Islands Water and Power Authority to the government for the construction of a police station, to remove the clause that would have reverted the property back to WAPA if the VIPD failed to construct a police station within five years of the transfer.
To amend the scholarship law in the VI Code, Title 17, Chapter 15 by clarifying that the regulations must establish requirements for part time student participation in the scholarship program, including timeline for completion of degree and the minimum number of semester credit hours that must be taken, and the manner of fulfilling the obligation to work in the territory.
To amend Act No. 8759 by replacing a reference to 340 boxing program with USVI Boxing Federation.
To appropriate $25,000 to the VI Olympic Committee from the Tourism Advertising Revolving Fund.
Confirmed nominees:
The Senate confirmed Averil George as DHS commissioner. George, who most recently served as assistant commissioner of the Department of Public Works, started her career in public service as assistant director of the Division of Personnel before becoming acting commissioner of the Department of Labor.
George, after the Senate confirmed her nomination, said she would work to fulfil the goals of the Department of Human Services to the best of her ability.
“I’m ready to take on this role and to continue being a servant leader,” she said.
The Senate confirmed 17-year firefighter Antonio Stevens as VIFEMS director. He served as assistant director until being appointed acting director following the untimely death of former VIFEMS Director Daryl George in October 2023.
Stevens said he was looking forward to completing his work within VIFEMS as requested by the governor. He told senators he planned to adhere to their recommendations in addition to assuring them he would provide the proper equipment so firefighters could perform their best.
The Senate confirmed Superior Court Judge Harold Willocks, who has three decades of legal experience as a public defender and judge, to serve a 10-year term in the Virgin Islands Supreme Court, which was established with the appointment of three justices in 2006 and can have up to five justices. Willocks, a career public defender and former Superior Court presiding judge from St. Croix, worked as an assistant attorney general in 1987 before joining the Office of the Territorial Public Defender in 1988, becoming chief territorial public defender in 1992. He was appointed to his first, six-year term on the Superior Court bench in 2009 by then-Governor John de Jongh Jr. He was renominated in 2016 by then-Governor Kenneth Mapp, and again in 2023 by Governor Albert Bryan Jr.
Willocks acknowledged his family, friends, supporters, the governor, and senators.
“I do promise that I’ll do my best to make everyone proud,” he said.
The lawmaking body approved the governor’s nomination of May Adams Cornwall, former executive director of the Waste Management Authority, to the Coastal Zone Management Commission on St. Croix. Senators approved Maurice Muia, an electrical engineer who grew up on St. Thomas, to serve on the Virgin Islands Water and Power Authority board.
The Senate approved Nate Olive, VI Farmers Alliance president and Ridge to Reef Farm director, and former Agriculture Commissioner Carlos Robles to the VI Conservation District board.
Zoning requests:
The zoning approvals allow for live music and short-term rentals at Serenity’s Nest, a business hotel in Estate Nisky, and a mixed-use development in Estate Donoe, as well as to bring into conformity the use of two lots for overflow parking by Discount Car Rental. A permit approval allows for the continued use of a floating dock on Water Island,
The zoning allows for Serenity’s Nest to operate an amphitheater, restaurant and bar, retail, barber shop, or beauty salon, as well as rent event space or commercial space in Estate Morning Star. Positive Nelson, the governor’s cannabis policy advisor and the property owner, requested to rezone to B-3 (Business-Scattered) from R-1 (Residential-Low Density). Four adjacent property owners expressed opposition, including concerns about noise and expansion of commercial activity. DPNR determined it more appropriate to grant use variances with conditions to protect the residents, including a 2 a.m. curfew on night activities on the property.
The Serenity’s Nest zoning request was previously removed from the agenda during legislative session on December 19, 2023 after senators discussed the noise concerns. Senate President Novelle Francis Jr. subsequently facilitated an agreement Nelson reached with one of his neighbors, including that all night activities would end at 1 a.m. Senators approved a use variance as amended to include a 1 a.m. curfew. The amendment also removed reference to amphitheater to address a neighbor’s concern about future development, but live music will be permitted from the existing stage.
One zoning approval allows for a two-level hotel with 26 units per floor being developed by Demah Inc. d/b/a Moe’s Fresh Market in compliance with State Historic Preservation Office standards for business travelers that will not offer any amenities such as a pool, spa, or restaurant. DPNR received no opposition or concerns expressed with the proposal, recommending a use variance be granted as requested to allow for the hotel.
Another zoning approval allows AR LEGACY LLC to operate a mixed-use development in Estate Donoe with residential housing, retail, and office use for residents, tourists, and businesses. The commercial buildings would be developed first, followed by up to 39 dwelling units with amenities such as a community center and pool. DPNR received no opposition or concerns expressed with the proposal, recommending the property be rezoned to B-3 (Business-Scattered) from R-4 (Residential-Medium Density).
Discount Car Rental can continue using two lots in Estate Contant to park overflow vehicles when they are not rented with the approval of its zoning request.
Beach Life LLC can continue using a floating dock on Water Island with approval of the minor coastal zone permit.
Resolutions:
One of the approved resolutions honors and commends former Finance Commissioner Bernice Turnbull for her lifetime service and dedication to the people of the Virgin Islands, naming the Department of Finance building on St. Thomas in her honor. The bill was approved with a technical amendment to reduce the $40,000 appropriation for signage to $15,000.
Another resolution commends honorary Brigadier General Leayle Gerard Galiber for his leadership in the Virgin Islands National Guard and his dedication to the United States and the people of the Virgin Islands.
Senators approved a resolution honoring William Industrious, Christian Unity Church senior pastor. The measure names the portion of Gamle Gade near the Christian Unity Church in honor of Industrious.
The Senate approved a resolution posthumously honoring the late Fenella Cooper, the first women’s tennis coach at the University of the Virgin Islands, for her contributions in the fields of education, sports, and culture. The measure names the tennis court at the University of the Virgin Islands in her honor.
The Senate approved a resolution posthumously honoring the late Viggo Sewer, a 21-year-old soldier with the U.S. Army who was the first Virgin Islander to die in the Korean Conflict in 1953, for his ultimate contribution to the territory. The measure renames East End Road on Route 10 on St. John in his honor.
Lease agreements:
The approved leases of government property allow for the Virgin Islands Architecture Center for Build Heritage and Crafts in Christiansted town, and the Virgin Islands Housing Finance Authority to operate a Community Development Block Grant – Disaster Relief program from two, two-story buildings in Frederiksted town.
Other approved leases allow St. Thomas Rescue to operate a long-term headquarters for all rescue-related activities, crop production and rearing small livestock on farmland in Prince Quarter on St. Croix, and Pro Mar Services Inc. to operate a marine surveyor and consulting business in Submarine Base.
