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Noting that his administration remains committed to prosecuting those who commit acts of domestic violence and to protecting the victims of such violence, Governor John P. de Jongh, Jr. approved the Domestic Violence Prevention Act of 2010 on Friday. “This act criminalizes forms of abuse such as strangling, which no society should permit. Further, the bill enters upon new terrain by seeking in particular to protect the victims of domestic violence in the workplace,” de Jongh said in a letter to Senate President Louis P. Hill. Though many states have adopted some form of employment related protection for victims of crime, especially victims of domestic violence, de Jongh added that this bill as proposed is “on the forefront of national employment rights laws protecting victims of domestic violence in the workplace and at home. I urge the Legislature to continue working with both employees and employers to resolve issues that may arise from the application of this law in practical circumstances.”
The governor took final action today on a number of bills recently passed by the 28th Legislature. De Jongh approved several measures and vetoed others while acknowledging receipt of several resolutions.
The governor rendered his approval to legislation which makes it illegal for one to be in unauthorized possession of ammunition. “This bill will provide another effective and needed tool for law enforcement to use in protecting our streets and communities from the vagrancies of gun crimes. Indeed, for 2010 alone, the Police department has removed more than 200 illegal guns off the streets of this territory. Also, the policy behind this bill is consistent with my administration’s ongoing discussions with the airlines and with the Transportation Security Administration (TSA) about tracing and tracking gun traffic into the territory,” de Jongh said.
Citing that the Legislature passed Bill 28-0157 with a disregard of history and past experience, de Jongh vetoed the legislation. “The new Virgin Islands Bureau of Narcotics and Dangerous Drug Control, as proposed, perpetuate the flaws and failings of the former Narcotics Strike Force.” De Jongh said it is not necessary at this time in that the police department is well on its way to developing its own internal drug bureau and expects to have it as an operational unit by the end of the year. “The lack of a formally formed bureau has not deterred the Police Department from enforcing the territory’s drug laws as more than one hundred sixty-seven (167) drug arrests have been made this year.
Neither can it be ignored that most drug busts also result in a net removal of guns off the street as well. These efforts and indeed all areas of the police department are further put at risk by this proposal by the language, which permits the proposed bureau to transfer police officers for its drug-related purposes alone, while making no allowance for the police department to replace the transferred officer or to make up for the lost capacity.”
De Jongh characterized the lack of a funding source as a fatal flaw in the proposed legislation. “Yet another flaw with this proposed Bureau is the provision that permits the Director to allow the use of controlled substances. I can envision no use other than the possibility of a medical use, which it would appear, should be determined by health professionals. In effect, there is a loss of the checks and balances system so inherent to our form of governance proposed in this bill’s organizational structure of the proposed Bureau that I cannot support it.”
Also falling victim to the governor’s veto pen on Friday was Bill 28-0149. “This bill sought to establish the Virgin Islands DNA Databank and Database—a worthwhile enterprise that I support. However, the bill was introduced and passed with no identified funding source and as such can be neither implemented nor enforced. The passage of legislation in these circumstances serves only to erode public confidence in both the legislative process and government in general as without funding such proposals are merely words and not action,” de Jongh said. Additionally, he noted that this bill sets a lower standard for retrieving juvenile offenders’ DNA than it does for adults—a policy that is at odds with our juvenile delinquency laws. “I am also concerned that an undue burden to a wrongly accused or acquitted or similar such individual is created in proposed section 4209 by requiring such person to hire an attorney and apply to the courts for an order directing expungement of his or her DNA record rather than just applying directly to the Director of the DNA databank. Finally, as the proposed Director serves in an office organized under the Attorney General, it is the Attorney General, not the Governor, who should have the power to hire and appoint the Director,” de Jongh added.
In other action, consistent with previous pledges of support for the design and construction of a new St. Croix Central High School which would include the territory’s first School for the Creative and Performing Arts, the governor approved Section 1 of Bill 28-0100. But the governor exercised his authority and line-item vetoed the appropriation of $5 million for five consecutive years from the Internal Revenue Matching Fund. “Available revenues in the Internal Revenue Matching Fund are already committed in Fiscal Year 2011 and to allocate any of that funding to the school would adversely impact the already strained General Fund. Given the state of the economy and that our General Fund has been operating at a deficit for several years, I think it imprudent to divert for future use both the amount and the source of funding for so long a period.”
De Jongh further said that his administration is currently evaluating the use of Qualified School Construction Bonds as a means of financing the construction of the school. He also vetoed the appropriation in Section 1(b) as it is premature and Section 3 as it is unnecessary since the administration has already begun to build the planning team to develop the goals and objectives of the project. The governor approved Sections 5 and 6 and vetoed Section 4(b). With regard to other educational initiatives, de Jongh approved Bill 28-0174 providing for nutrition standards for food sold in schools, as he said this measure complements the efforts of the First Lady’s Healthy VI Initiative.
Noting that the territory was awarded an increased amount of over $1.8 million dollars from the formula-based federal Community Block Development Grant (“CDBG”) program, de Jongh approved Bill 28-0257 awarding federal grant money throughout the territory for the public service sector to a wide variety of after-school and mentoring programs including The Eagle’s Nest Men’s Temporary Shelter, the Love City Pan Dragons and the St. Paul’s Episcopal Youth Steel Orchestra.
The governor approved Bill 28-0220, which reprograms funds to the Meals on Wheels Program, Medical Alert Bracelets and Home Health Programs which he said were all “necessary and worthy programs.” He approved Section 1 of Bill No. 28-0217, appropriating funds to construct restrooms and park benches in downtown Christiansted. The governor also approved Sections 2, 3, 4, 5, 7, 8, 12, 13, 15, 16, and 17 of Bill 28-0217. However, he vetoed Section 6 which sought to appropriate monies from savings realized in the 1998 Series A and Series E Bonds. “Under our current financial plan, there are no savings realized which are available for appropriation. Nonetheless, I have previously approved an appropriation to aid the Juan F. Luis Hospital to purchase a mammography machine and I will request the Public Finance Authority to find the requisite remaining funding. I further vetoed Sections 9, 10, 11 and 14 of Bill No. 28-0217,” de Jongh said today.
De Jongh said Friday he approved Bill 28-0221 appropriating funds to VITEMA to develop tsunami evacuation routes and for other related expenses for the island of St. Croix and he also instructed the Director of VITEMA to consider routes and emergency plans for our other islands as well. Bill 28-0203 was also approved.
The governor signed into law, the corrective zoning measure in Bill 28-0240 to permit the U.S. Post Office in Cruz Bay, St. John to relocate and construct an adequately-sized building.
He approved Bill 28-0231 urging the Department of Planning and Natural Resources to consider designating Lindberg Bay as an “area of particular concern.” The governor also approved Bill 28-0260 requesting that the Department of Property and Procurement identify property on the island of St. Thomas to develop an automobile race track.
De Jongh vetoed Bill 28-0034 authorizing the purchase of Plot No. 14AB North Hall, West End Quarter, St. Croix and appropriating up to seven million dollars for such purchase. “It does not appear on the record that either a due diligence process was completed or actual appraisals of the premises were prepared. This would seem to be putting the cart before the horse. However, because my administration remains committed to conservation, I am directing the Department of Property and Procurement, in conjunction with the Department of Housing Parks and Recreation, to assess the value of the land and its feasibility for such conservation with an aim towards a fair and equitable acquisition.” In addition, de Jongh noted that the Land Bank Fund cannot support a seven million dollar appropriation, even over the three year installment plan spelled out in this legislation since the Legislature has redirected the funding source to the Land Bank Fund for other purposes. Moreover, the contingent structure of this proposed purchase as outlined raises many serious concerns with respect to title and the Governments risks until final payment may be made.”
Bill No. 28-0224 amending real property tax notices to reflect delinquent taxes and unpaid public sewer user fees was approved.
“As always, my administration has sought out and welcomed new business ventures that will stimulate the growth of our economy and employment opportunities for residents. However, the effect of Bill No. 28-0202, the Plant Closing Act, would stymie growth, lower salaries and may even lead to a consequence it was trying to prevent—higher incidents of plant closures and in turn, increased unemployment as businesses flee the territory,” de Jongh said Friday. While he said he would support fair legislation or regulations setting notice and severance standards for plant closures, “this bill goes beyond this instance and creates triggers for severance pay that arise in the ordinary course of business fluctuations especially in a tourist economy like ours where clearly delineated economic seasons exists calling for temporary measures. Similarly, the notice provisions seem cumbersome and unnecessarily extensive.”
De Jongh said the ninety (90) day notice period seemed excessive and inflexible for such unpredictable events as temporary closures or full plant closings; and consequently ought to be revisited. “Additionally, I question the constitutionality of criminalizing the violations of provisions of this bill. Finally, because this bill repeals the existing Plant Closing Act in its entirety, without including a provision with a formula for calculating severance, enacting this bill would result in a nullification of severance pay altogether.”
De Jongh also vetoed Bill No. 28-0164. Section 1(d) of the bill creates a penalty for the violation of a PERB order, but the governor said that the PERB already has the power to fine any party for disobeying one of its orders. “Such an excessive fine… operates as a tax on the People of the Virgin Islands and I will not support it. Section 2 seeks to seat the Director of Personnel as a non-voting member of the GERS Board. Clearly, the Director of Personnel and the GERS must work closely with one another in order to achieve their respective missions however, to place the Director of Personnel on the GERS board as a disenfranchised member is a meaningless gesture that I do not approve.”
De Jongh said his administration approves of the development of a Geographic Information System for the territory but he vetoed Bill 28-0259 because, as drafted, it seeks to amend a section of the V.I. Code that does not presently exist. “Similarly, I have vetoed Bill No. 28-0185 which seeks to adopt the Virgin Islands Uniform Fraudulent Transfer Act. Again I am in favor the adoption of this Act, which seeks to prevent fraudulent conveyances of property in the territory. However, the bill as drafted is internally inconsistent as it refers to sections of law that do not exist. Once the drafting issues in these two bills are addressed I will be in a position to sign them into law.”
De Jongh approved Bill 28-0258 and joined the 28th Legislature in recognizing Eduardo “Nandy” Martinez-Rosario, Sr. posthumously for his many and varied accomplishments and contributions to this community his achievements in fields ranging from sailing to outdoor sports and recreation to skilled labor.
“I acknowledge receipt of Resolution No. 1752 requesting the Department of Health study the feasibility of operating mobile dental health clinics. Certainly, I share the concern of making dental services as well all healthcare services as accessible as possible. Finally, I acknowledge receipt of Resolutions Nos. 1749, 1750, 1751 ratifying various Coastal Zone Management (CZM) permits. Significantly, with Resolution No. 1749’s approval of the CZM permit for Robin Bay Realty, LLC, all major hotel and resort projects in St. Croix are now permitted,” de Jongh said Friday.
Governor's
Transmittal Letter to the 28th Legislature
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