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April 16, 2007
deJongh takes action on bill 27-0039; Now Act 6917 Gov. John deJongh Monday signed into law legislation amending the Virgin Islands Code relating to the Uniform Law Commission. The legislation also provides for changes to the Office of Code Revisor, the Virgin Islands Heritage Commission and addresses some retirement issues. There were two portions of the bill vetoed by the Governor. In a transmittal to Senate President Usie Richards, deJongh explained that he vetoed a section of the bill that would have placed the Chief Justice of the Supreme Court on the Commission of Uniform State Laws. "Placing the Chief Justice, the head of the third branch of government, on an entity that is within the first branch of government, is a violation of the separation of powers doctrine," deJongh wrote. He also pointed out that the scenario sets the table for a conflict of interest as a law that was recommended for enactment by the Chief Justice as a commission may later come before him as a member of the Virgin Islands’ high court for judicial review. deJongh line-item vetoed a section of the bill which applies to the Code Revisor. The bill would have provided that a publisher be contracted to publish the volumes, slip laws, and pamphlets which comprise the Virgin Islands Code, the prices to be charged for such service being set by either the publisher or the contract terms. deJongh did sign into law three sections of the bill and said he "was constrained to take the unusual step of explaining his rationale for approving the sections." DeJongh was concerned that no analysis was requested of the Government Employees Retirement System nor was funding for the analysis provided for the GERS. The chief executive observed that by signing the sections, he has, in relevant part, "placed the affected portions of the GERS Code in a stance that existed before Act 6905, which was also enacted without the requisite analysis. In effect, this action has undone what was improperly done in the first instance." DeJongh advised the Senate that before any future changes to the statutes affecting the GERS be entertained by the Administration, the analysis required by the V.I. Code must be conducted. deJongh, by signing Bill 27-0039 into law, supported the other sections of the legislation. The measure was passed by the 27th Legislature on March 30th. |
