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July 8, 2007
deJongh signs into law "Noise Pollution Control Act" and two other bills passed recently by the V.I. Legislature Gov. John P. deJongh, Jr. has signed into law three pieces of legislation passed recently by the 27th Legislature. His signing of the bills came with reservations about the impact of one measure and with line-item vetoed sections of another. The governor had a July 7th deadline to take action on the various measures. The governor signed into law Bill 27-0026, "The Noise Pollution Control Act" as the issue of noise pollution is one of importance to the people of the Virgin Islands because of its great impact on the quality of life. However, deJongh pointed out in a transmittal letter to Senate President Usie Richards that “my approval of this bill is accompanied by my grave reservations regarding its impact on both commercial and non-commercial speech protected by the First Amendment to the United States Constitution.” As currently drafted, deJongh observed, the legislation leaves too much discretion in the hands of the agents charged with investigating and enforcing alleged violations of the law, and also with those persons vested with the authority to grant or deny permit applications submitted pursuant to this measure. Additionally, the measure severely restricts activities in districts that are not primarily residential, and also may have a harmful impact on some of our cultural traditions. "The section addressing the soundproofing of bars and taverns requires further attention so as not to adversely affect our tourism product. My office is continuing its review of the applicable constitutional standards and practical considerations voiced by members of the public. I anticipate a cooperative process of review with members of the 27th Legislature, and more specifically with the primary sponsors of the legislation will lead to the appropriate amendments which will ensure the preservation of principles of freedom of expression while simultaneously improving the quality of life of Virgin Islands residents," deJongh explained in his correspondence to the Senate. deJongh also signed into law legislation which reprograms Community Development Block Grants to comply with mandates of the U.S. Department of Housing and Urban Development. He said an amendment is required in one section of the bill “substituting "$2,363,337" in lieu of "$2,463,326" to accurately reflect the sum of the funds for the projects listed in Section 1(b). Thereafter, Section 2 and 3 should be amended to be consistent with revised Section 1(a).” Also approved was ill 27-0067, with the exception of one section, which would provide a number of appropriations for various purposes. "I reiterate that private entities which receive funding from the Government of the Virgin Islands must comply with the provisions of 2 V.I.C. § 29, and I have instructed the appropriate agencies to ensure compliance with this law," deJongh pointed out to the 27th Legislature. He vetoed Section 8 of the bill for two reasons. "First, the resulting 17 V.I.C. § 512(e) would force scholarship recipients who attend institutions other than the University of the Virgin Islands ("UVI") to still meet any criteria set by UVI's President and Board of Trustees. Such a requirement places too great a burden on scholarship recipients and is confusing. Second, there is no standard for the accreditation required of any university or college." Such accreditation should be accepted only from a recognized educational accreditation organization so that scholarship recipients do not enroll in any "diploma mills" but only in true institutions of higher learning, deJongh said. The Senate was formally notified of the Governor’s actions on the bills at mid-morning Saturday. |
