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Bill No. 23-0006 TWENTY-THIRD LEGISLATURE OF THE VIRGIN ISLANDS Territory of the Virgin Islands REGULAR/SPECIAL SESSION 19 ROLL CALL Short Title: _ To create a Virgin Islands Board of General denséruceton LSI7 7. oe LLY (a) Introduced and sent to Committee on (b) Reported from Committee and sent to Rules on (c) Reported from Committee on Rules (d) Recalled from Committee by Special Order (€) Adopted on LEGISLATIVE HISTORY (h) Reconsidered by Legislature and passed or rejected GO aA Oar a Nt loc re Nic apts Sig Socal hase snd oak oe ore.c dha (8) Vetoed by Governor On... ....ecseseeseesesssssesessssestesessvevssvareseereeteeveveitesesteseeteeee. eee MEMBERS < ie] > NOT VOTING ABSENT BENNERSON, Gregory A. BERRY, Lorraine L. BRYAN, Adelbert M. COLE, Donald “Ducks” DAVID, Roosevelt St. C. DONASTORG, Adlah “Foncie” GOLDEN, Violet Anne GOMEZ, Judy M. GOODWIN, George E. HANSEN, Alicia “Chucky” as JN. BAPTISTE, Norman JONES, David S. LIBURD, Almando = Rocky” PETRUS, Allie-Allison SSRANESNGSd RUS OORNGY RAN | RICHARDS Vargrave A. s a Certified Ba CD t720 > CLE e Arya PTAA ART UAT cs Cia Vi i at VN GOV 4 Suvi ‘ ‘ . 11/30/99 - AMENDED AND REPORTED OUT TO THE FLOOR 09/22/99 - TABLED AT THE CALL OF THE CHAIR 07/09/99 - AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES BILL NO. 73-0006 Twenty-Third Legislature of the Virgin Islands of the United States MARCH 4, 1999 To create a Virgin Islands Board of General Construction Contractors On |p kw Th NY OATD EEUIN 2 P ROPOSED BY: Senator Lorraine L. Berry; Co-sponsored by: Senators Gregory A. Bennerson, Donald “Ducks” Cole, David S. Jones, Roosevelt St. C. David and Violet Anne Golden BE IT ENACTED by the Legislature of the Virgin Islands: SECTION 1. (a) Title 27 of-the Virgin Islands Code is hereby amended by adding a new Chapter 10 to read as follows: “Chapter 10. Virgin Islands Board of General Construction Contractors Section 321. Board of General Construction Contractors (a) The Virgin Islands Board of General Construction Contractors is hereby established within the Department of Licensing and Consumer Affairs. The Board shall OMOAN DOA PAN = ooh, ONO) UO SB @ hy = OUR WONFR ODA NOOAW A WON O © consist of seven members, including the Commissioner of the Department of Licensing and Consumer Affairs or his designee as an ex officio member, and six other members appointed by the Governor with the advice and consent of the Legislature. Each appointed member shall be a resident of the United States Virgin Islands, and shall have been a licensed general construction contractor in good standing for at least three (3) years prior to the date of appointment. Three members shall be residents of the District of St. Croix, and three members shall be residents of the District of St. Thomas/St. John; provided, however, that at least two members from each district shall be member designees of the Association of General Contractors or similar organizations in the district in which he resides. (b) The Governor shall appoint the Board as follows: two members shall be appointed for one year; two members shall be appointed for two years, and two members shall be appointed for three years. Thereafter, all members shall serve terms of three years, except that any person appointed to fill a vacancy occurring on the Board prior to the expiration of the term for which his predecessor was appointed, shall be appointed only for the remainder of such term. Each member of the Board shall continue to serve until his successor is appointed by the Governor and confirmed by the Legislature. Four members of the Board shall constitute a quorum. (c) The Board shall elect at its first meeting in each calendar year one of its members to serve as its Chairman and another member to serve as Vice Chairman. (d) The Board under the hand of its Chairman and the seal of the Board may subpoena witnesses and compel their attendance, and it may require the production of ONO UW KWON = OUR WON RW O DVCONA UW KRWNH—_O © papers, records or documents in any inquiry, proceeding or for discovery which may be instituted by it or be pending before it. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. (e) Each member of the Board shall receive $50.00 for each day or part thereof spent in the work of the Board, plus actual travel expenses including meals and lodging. (f) A member of the Board may be removed by the Governor for cause. (g) As used in this Chapter, “Board” means the Virgin Islands Board of General Construction Contractors and “Commissioner” means the Commissioner of the Department of Licensing and Consumer Affairs. Section 322. Unlawful practice of general construction It shall be unlawful for any person to operate as a general construction contractor within the Virgin Islands unless he is licensed as provided for in this chapter. Section 323. License required Any person wishing to become a general construction contractor in the Virgin Islands or to engage in any construction trade as a business shall obtain a license to do so in accordance with the provisions of this chapter. Section 324. Powers and duties of the Board The Board shall have the power and duty to: (a) adopt an official seal; (b) examine , recommend, issue, suspend and revoke licenses under this chapter; (c) establish fees to be charged and collected; ONO WK WN = OwUrnKR DWONH =O VDA NAUK WN OO © (d) adopt, amend and repeal rules and regulations and bylaws, not inconsistent with the provisions of this chapter, upon finding that such are necessary for the furtherance of the provisions of this chapter, which rules, regulations or bylaws, when approved by the Governor, shall be deemed to be a part of and of the same effect as this chapter; (e) employ counsel, subpoena witnesses, and administer oaths; (f) submit to the Governor and the Legislature, through the Commissioner, annual reports containing a summary of its work, and any other data, which the Governor, the Commissioner or the Legislature may request: (g) develop and administer the criteria, standards and testing for examination and determining the competency and qualification of contractors; (h) determine the types and classes of licenses and the qualification for each applicable license; (i) investigate acts of negligence, wrongdoing, and official complaints filed through the department of Licensing and Consumer Affairs; and, (j) establish and set the rates basis for fees. Section 325. Applications for licenses; qualifications (a) Applications for licenses provided by this chapter shall be forwarded to the Chairman of the Board and shall be accompanied by satisfactory proof in writing that the applicant - (1) has resided in the Virgin Islands for twelve consecutive months immediately preceding his application; and ONO UW KRWDND — oOoUR WDNR ODA NA UYU KRWBN= OO © (2) is of good moral character as shown by at least three letters of favorable character testimony; and (3) has had a previous valid license in any other jurisdiction or prior experience in the field of construction. (b) The residence requirements specified in this section shall not apply to bona fide residents of the Virgin Islands who have been temporarily absent studying or practicing as general construction contractors. Section 326. Examinations and issuance of licenses (a) Every applicant for a license pursuant to this chapter shall be required to be tested in writing or orally and by practical examination issued and administered by the Board to show that he has sufficient knowledge, technical training and administrative ability to perform, supervise and manage the practice of general construction. The Board shall administer examinations three times each year on each island. The Board shall also conduct such investigations as may be proper to determine the character, fitness, and knowledge of applicants. (b) Within fifteen (15) days after an applicable examination, the Board shall notify the Commissioner of the names and addresses of all persons who have passed the examination and of the particular licenses they are entitled to receive. The Commissioner shall, upon such notification and payment of fees , issue such appropriate licenses. (c) Any person who fails to pass an examination may apply for reexamination after the expiration of sixty (60) days upon payment of the regular examination fee. No ONO UW KRWDND = OUKRWON=OCOMOVOURDN—=—O © (6) failed to adequately and properly supervise employees in compliance with recognized safety standards as applicable to local and federal agencies having oversight and jurisdiction; (7) failed to secure each required inspection of building construction in order to ascertain compliance with the Uniform Building Code, CABO Building Code and any other rules, regulations, applicable provisions and standards as they may apply or is amended hereafter; and, (8) failed to perform construction in conformance with standards established by the Uniform Building Code, CABO Building Code and any other rules, regulations, applicable provisions and standards as they may apply or is amended hereafter. Section 332. Charges against licensee; hearing (a) Any person aggrieved by an action of a licensee may file charges as set forth above against the licensee. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the secretary of the Board. All charges, unless dismissed by the Board as unfounded or trivial, shall be heard by the Board after completing any necessary investigation. (b) The time and place for the hearing shall be fixed by the Board and a copy of the charges together with a notice of the time and place of hearing shall be personally served on or sent by certified mail to the last known address of the licensee at least fifteen (15) days before the date fixed for the hearing. ONOUW KRWD — OUR WDNR ODANOAWAWBNHN =O CO (c) At any hearing the accused licensee shall have the right to appear personally and by counsel to cross-examine witnesses appearing against him and to produce evidence and witnesses in his own defense. (d) No license shall be suspended or revoked except upon the agreement of at least four (4) members of the Board. (e) The losing party shall reimburse the prevailing party for all reasonable costs, expenses and attorneys’ fees. The Board shall promulgate rules and regulations establishing reasonable costs, expenses and attorneys' fees. Section 333. Revocation and Reapplication A person whose license has been revoked may become eligible not earlier than one (1) year from the date of said revocation for a new license upon meeting all of the requirements of this chapter. Section 334. Appeal (a) Any person aggrieved by an action of the Board in revoking, suspending, or refusing to issue his or its license may appeal such action to any court of competent jurisdiction in the Virgin Islands within thirty (30) days after the date of such action. No such appeal may stay the action complained of unless specifically ordered by the court in the event the aggrieved party fails to file its appeal with the court within thirty days, the Board's findings and ruling shall be final. (b) Upon appeal, every finding, decision and determination by the Board as to questions of fact shall be deemed final in the absence of conclusive evidence showing to ONO UWA OD — the court fraud or that the decision of the Board was not based on substantial evidence in the record. Section 335. Penalties Whoever violates any provisions of this chapter or any rule or regulation thereunder shall be fined not less than $1,000.00 for each and every violation or act of non-compliance." (b) Notwithstanding subsection (a) of this section, the Virgin Islands Board of General Contraction Contractors, as established under subsection (a) of this section, shall issue a license to an applicant without examination, after making a determination that an applicant has practiced as a general construction contractor in the Virgin Islands for at least five (5) years prior to the passage of this Act and has not had any official complaints filed against the applicant and is in good standing with the Department of Licensing and Consumer Affairs. BR99-0319/February 4, 1999/ :mr Reviewed by: YLT BOT CD Mit 4 Zz 2G id 7b REGULAR/SPECIAL SESSION 19___ Bill No. A? 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MEMBERS YEA NAY NOT VOTING ABSENT BENNERSON, Gregory A. BERRY, Lorraine L. BRYAN, Adelbert M. fa COLE, Donald “Ducks” DAVID, Roosevelt St. C. DONASTORG, Adlah “Foncie” GOLDEN, Violet Anne GOMEZ, Judy M. GOODWIN, George E. HANSEN, Alicia “Chucky” JN. BAPTISTE, Norman JONES, David S. LIBURD, Almando “Rocky” Ss N SONIDO) ASN PETRUS, Allie-Allison RICHARDS Vargrave A. an la AN Tome oe. oe, cy, ~~" By Legal Counse ay ‘ é a Or ited or Reviews . Lo, AMENDMENT TO BILL NO. 23-0006 OFFERRED BY ALMANDO “ROCKY” LIBURD Bill No. 23-0006 is amended as follows: 1. On Page 2, Section 1, subsection (b), line 8, after "St. Thomas/St. John", add ",one of whom shall be a resident of St. John". a Amendment No. 23-412/December 14, 1999/amp ~