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May 14, 2008
ACTING GOVERNOR FRANCIS TOOK ACTION WEDNESDAY ON BILLS PASSED BY THE SENATE AND ACKNOWLEDGED THREE RESOLUTIONS Acting Governor Gregory R. Francis Wednesday took action on bills recently passed by the 27th Legislature which were due back at the Senate today. Pointing out that the Legislature passed Bill 27-0009 with provisions which fail to address constitutional issues, are unclear or may not be implemented in their present form, Francis line-item vetoed certain provisions of Section 1 of the bill. This section would have outlined action to protect the territory’s aging population. Francis said the governor’s office is working with the Office of the Attorney General and will submit legislation which addresses these important issues. With the line-item veto of Section 1, Section 2 was also vetoed. Francis pledged that the proposal submitted by the Administration will contain provisions for funding the implementation of this important legislation. Francis also vetoed Section 4 of the bill noting that "monies appropriated from the General Fund should be available from other sources." In a transmittal letter to Senate President Usie Richards Wednesday, Francis pointed out that "Simulcast operators have a duty to support the development of our local horse racing product. Further, the Government provides significant funding to the Horse Racing Commissions in both districts. While the Government has a vested interest in, and will continue to support, local horse racing, it cannot be the sole source of funding for all horse racing activities in the Territory. Horse racing has tremendous potential in our Territory but only if Horse Racing Commissions and simulcast operators begin to expand their focus beyond sole reliance on governmental funding to support its expansion and to incorporate true public-private partnerships." In approving Section 3 of the bill, Francis underscored the previously stated commitment of the Administration to providing funding to the Fifth Constitutional Convention in the amount of $200,000. "I also must urge the delegates to the Convention to focus on developing a legal framework for the Virgin Islands which will allow the Territory to advance its interests, and not become distracted and divided by issues of race and ethnicity. A constitution which does not apply equally to all people cannot succeed," Francis cautioned. Francis also approved Section 5 of the bill which relates to the structure of the Virgin Islands Public Finance Authority (PFA), but said the Administration will be submitting additional legislation which extends the effective date of this measure. "At present, immediate implementation of this provision will cause the Virgin Islands Public Finance Authority ("PFA") to lose its quorum. I acknowledge that positions have been put forward that the change contemplated in this measure will not have this impact. However, after further review, it is apparent that the increase in number of board members and changes in the makeup of the board will cause a loss of quorum. At the very least, this measure creates uncertainty which will undermine the PFA’s ability to continue to successfully interface with the financial markets. Apart from the impact on numerous on-going administrative matters that require Board approval, is the negative message to our bond investors and the capital market community of the PFA without a Board of Directors, especially as we proceed with the financing of the police vehicles and respond to rating agency matters." Francis said he is completely supportive of the measure to increase the PFA Board, and believes that no less than 120 days after the approval of the legislation is required for its effective date. Francis also approved Sections 6, 7, and 8 of Bill No. 27-0009, all of which reprogram proceeds from the 2003 Gross Receipts Bonds to the Department of Education for several projects and equipment. As always, the reprogramming of bond proceeds are subject to meeting all pertinent legal requirements, availability of the funds, and, where required by the bond indentures, consent of the bondholders. Sections 9, 10 and 11 of the bill were also approved. Francis signed into law, Bill No. 27-0070, which vests in the Directors of Personnel and Management and Budget the authority to develop customer service standards for the government. "The Director of Personnel already has commenced work in this area, and this measure supports his efforts in this field of human resource management. The core activities of the various departments and agencies are essentially those of a service organization to our residents and to each other. Any improvement in this area that can be measured will only accrue to the benefit of our entire community’s quality of life." The provisions of Bill No. 27-0166 (Resolution No. 1725), which petitions the United States Congress and the President to withdraw thousands of acres of submerged lands from the National Monuments created by Presidential Proclamation in 2001, require careful consideration, Francis noted, as he acknowledged the resolution. "The unilateral action by then-President Clinton has adversely affected the Virgin Islands fishing industry on which many persons and businesses depend. However, this Resolution raises critical legal issues which must be thoroughly vetted before action is taken." Francis explained that the Governor’s staff has already begun to review the pertinent documents and have shared these documents with the Attorney General for his review as well. Once this review is complete, all options will be assessed and the appropriate actions taken. In acknowledging another resolution passed by the Senate in the form of Bill 27-0178 (Resolution No. 1726), Francis commented on the fact that it also touches on a matter of critical importance to the Virgin Islands – affordable housing. "The property at issue in this Resolution was transferred to the federal government several years ago with the intention that affordable housing would be planned and developed thereon. However, at present there are no plans in place, and it does not appear that the federal government will undertake any planning or development of affordable housing on that property. It is time that this land be returned to the Government of the Virgin Islands, so that it can be used for its intended and important purpose – the development of critically needed housing." To this end, Francis said, Governor John P. deJongh Jr. has already engaged in oral discussions with the present Receiver, Mr. J. David Reeves, and followed up those discussions with written correspondence. "The Administration will continue to pursue the return of this important resource to the Government of the Virgin Islands so that it can benefit the people." Finally, Francis congratulated Alpha Kappa Alpha Sorority, Incorporated on its centennial celebration nationally, and its 30th anniversary on St. Croix. "As a service organization, Alpha Kappa Alpha has assisted the people of the United States and the United States Virgin Islands in innumerable ways, including providing scholarships, engaging in reading programs for our youth, and mentoring growing girls and young ladies in the community." Francis applauded the Legislature’s recognition of Alpha Kappa Alpha in Bill No. 27-0183 (Resolution No. 27-1724). |
