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1 THE CONSTITUTION OF THE 1 VIRGIN ISLANDS OF THE UNITED STATES 2 FIFTH CONSTITUTIONAL CONVENTION 3 4 PREAMBLE 5 6 We, the people of the Virgin Islands, grateful to Almighty God for our creation, 7 preservation, freedom, and Divine Guidance, mindful of our Virgin Islands heritage and 8 uniqueness, assuming the responsibilities of self-government as an unincorporated 9 territory of the United States, in order to promote more unity among our islands for 10 ourselves and our posterity, promote the general welfare, protect the fundamental rights 11 and freedoms of the individual, ensure political, social and economic justice, maintain a 12 republican form of government, protect our culture and natural resources, and preserve 13 the identity of the Virgin Islands. 14 15 Whereas we recognize the original indigenous peoples who inhabited these islands. We 16 especially recognize the significant hardships endured by the enslaved Africans during 17 the period of European colonial rule which precipitated the 1733 revolution on St. John, 18 the successful 1848 Emancipation Insurrection, the 1878 Fireburn on St. Croix, and the 19 1892 Coal Workers’ Strike on St. Thomas. 20 21 Whereas the transfer of the former Danish West Indies to the United States of America 22 through the Treaty of Cession of 1917 confirmed that the civil rights and political status 23 of the inhabitants of the islands shall be determined by the United States Congress. 24 25 Whereas the adoption of the mass naturalization acts of 1927 and 1932 identified the 26 natives of the Virgin Islands who resided in the islands on January 17, 1917, and whose 27 descendents are ancestral native Virgin Islanders. 28 29 Whereas we acknowledge the enormous contributions to the socio-economic and political 30 development of the Virgin Islands by those who migrated to the territory from countries 31 of the wider Caribbean, who endured significant hardships as a result of prevailing U.S. 32 immigration and labor laws, and who came to form an integral part of the Virgin Islands 33 society; we especially recognize those who migrated from Puerto Rico, the French, 34 Dutch, and the British West Indies whose contributions have been integral to the 35 political, economic and social development of Virgin Islands society. 36 37 Whereas the applicability of the United Nations Charter confirms the principle of equal 38 rights and self-determination of peoples and the requirement for the development of full 39 self-government; we affirm that the establishment of local constitutional self-government 40 pursuant to this Constitution shall not preclude or prejudice the further exercise by the 41 people of the Virgin Islands of the right of self-determination regarding the attainment of 42 a permanent political status; Now Therefore, we do ordain and establish this Constitution. 43 44 ARTICLE I BILL OF RIGHTS 45 Section 1 Fundamental Rights 46 47 (a) The dignity of the human being is inviolable. No person shall be deprived of life, 48 liberty or property without due process of law or be denied the equal protection of the 49 laws. Legislative measures designed to protect or assist persons or categories of persons, 50 disadvantaged by discrimination may be undertaken. 51 2 1 (b) No person shall be discriminated against on account of race, color, sex, gender, sexual 2 orientation, place of birth, socio-economic class, origin, political religious belief, age or 3 disability. 4 5 Section 2 Freedom of Religion, Speech, Press, Assembly and Petition 6 No law shall be enacted respecting an establishment of religion, or prohibiting the free 7 exercise thereof, or abridging the freedom of speech or of the press, or the right of the 8 people to assemble peaceably, or the right to petition the Government for the redress of 9 grievances. 10 Section 3 Right of Privacy 11 A person has the right to a reasonable expectation of privacy in the conduct of personal 12 affairs and communications and it shall not be infringed. 13 Section 4 Right to Know 14 A person shall have the right to examine any public document and to observe the 15 deliberation of any agency of government subject only to exceptions provided by law and 16 the right of individuals to privacy in their personal affairs. 17 Section 5 Searches and Seizures 18 A person shall have the right, subject only to warrant, to be secure in their person, 19 dwelling, papers, possessions and privacy, and such right shall not be abridged by 20 unreasonable search and seizure. No warrant for arrest or search shall be issued except 21 upon probable cause, supported by oath or affirmation, and particularly describing the 22 place to be searched, thing to be seized, or person to be arrested. Evidence obtained in 23 violation of the rights of the accused shall not be admissible as affirmative evidence 24 against the accused in a criminal trial. 25 Section 6 Rights of the Accused 26 (a) In all criminal prosecutions, the accused shall be presumed innocent unless and until 27 proven guilty beyond a reasonable doubt, shall have the right to a speedy, public trial, and 28 trial by impartial jury, where the penalty may be imprisonment for more than six months; 29 to be informed of the nature and cause of the accusation, to have the assistance of 30 counsel, and where the accused may be imprisoned, the assistance of counsel at public 31 expense, if necessary; to have compulsory process for obtaining witnesses, and to 32 confront the witnesses against the accused. 33 (b) Any person who is subjected to a custodial police interrogation shall, before he is 34 questioned, be advised that he has a right to remain silent, that any statement that he 35 makes may be used as evidence against him, and that he has the right to the presence of 36 an attorney, either retained or appointed. 37 (c) Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual 38 punishment inflicted. All persons shall be presumed to be bailable, and such presumption 39 shall be overcome only by a preponderance of the evidence, established by the 40 Government that the accused may flee the jurisdiction or that the granting of bail would 41 constitute a danger to the community. 42 (d) No person shall be twice put in jeopardy for the same offense or be compelled in any 43 criminal case to be a witness against himself. The failure of an accused to testify shall not 44 be taken into consideration or commented upon to the detriment of the accused. 45 3 (e) All civil rights may be restored to a person convicted of an offense upon the 1 completion of any sentence served and any period of probation or parole, subject to 2 reasonable limitation as may be proscribed by law. 3 4 Section 7 Rights of Victims 5 Victims of crime shall have the right to be treated with fairness, respect, dignity, and be 6 free from intimidation, harassment, or abuse throughout the criminal justice process. 7 Subject to reasonable limitations imposed by law, victims shall be informed and allowed 8 to be present and to be heard during all sentencing, probation or parole hearings 9 involving the crime; including the right to file a “Victim Impact Statement,” as provided 10 by law. They shall have the right to receive the return of any property taken during the 11 investigation or recovered, returned as soon as possible after trial. 12 Section 8 Prohibition of Slavery 13 Slavery and involuntary servitude are prohibited, except in the latter case as a punishment 14 for crime after the accused has been duly convicted. 15 Section 9 No Imprisonment for Debt 16 No person shall be imprisoned or suffer forced labor for debt. 17 Section 10 Habeas Corpus 18 All persons have the right to apply for a writ of habeas corpus and such shall not be 19 unreasonably denied. 20 Section 11 Labor 21 (a) All persons shall have the right to organize and bargain collectively, strike, picket, 22 and engage in other lawful concerted activities subject to reasonable limitations to protect 23 health, welfare, and safety. 24 (b) Public employees engaged in services essential to the public health or safety may 25 have the right to strike in accordance with law. 26 (c) All public and private employees shall have the right to equal pay for equal work: 27 provided, however, that the phrase equal pay for equal work shall not be construed as 28 requiring the equality of salaries, compensation, or benefits between public employees 29 doing substantially equal work represented by different labor organizations; and shall not 30 prohibit differentials based upon differences in experience, skills and seniority. 31 (d) All employees shall have the right to reasonable protection against injuries in work or 32 employment. 33 (e) The employment of children in any occupation injurious to their health, morals, or 34 general welfare, or which places them in jeopardy of life or limb is prohibited. 35 (f) No employee or applicant shall be forced to waive any employment laws. 36 Section 12 Protection of Property 37 Private property shall not be taken for public use without the payment of just 38 compensation. Private property shall only be taken for a substantial and direct public 39 benefit. 40 41 Section 13 Restrictions of Legislation 42 No ex post facto law, bill of attainder, or law impairing the obligation of contracts shall 43 be enacted. 44 4 1 Section 14 Quartering of Militia 2 No militia, in time of peace or in time of war, shall be quartered in any house without the 3 consent of the owner, except as provided by law. 4 Section 15 Trial by Jury 5 Trial by jury shall be preserved, but the trial of civil causes by a jury of not less than six 6 persons may be authorized by law. 7 Section 16 Right To a Healthful Environment 8 Every person has the right to a reasonably healthful environment and the enforcement of 9 the right as may be provided by law. 10 Section 17 Right Against Capital Punishment 11 A person shall not be subject to capital punishment. 12 Section 18 Marriage 13 Marriage is the legal union between man and woman. 14 Section 19 Protection of Children 15 Children shall be protected from harm, exploitation, neglect, abuse, maltreatment or 16 degradation and nurtured for their growth and development. 17 Section 20 Reservation and Implementation of Rights 18 The preceding enumeration of rights shall not be construed restrictively nor shall it be 19 construed to deny or disparage other rights retained by the people. The Government shall 20 provide by law for the implementation and enforcement of this Article. 21 ARTICLE II PRINCIPLES OF GOVERNMENT 22 Section 1 Form of Government 23 The Government of the Virgin Islands shall be republican in form and shall consist of 24 three (3) branches: Legislative, Executive and Judicial. 25 Section 2 Symbols of the Virgin Islands 26 An anthem, flag, seal, bird, flower, fish, and tree of the Virgin Islands, which shall 27 symbolize the history and culture of the people, shall be provided by law. Within one 28 year of the effective date of this Constitution, the Senate shall provide for the 29 implementation of this section by public referendum. Once established by law, the 30 anthem, flag, seal, bird, flower, fish and tree shall be incorporated and considered a part 31 of this Constitution. 32 Section 3 Capital of Government 33 The capital of the Virgin Islands shall be the City of Charlotte Amalie. 34 35 Section 4 Ethical Standards-Officers and Employees 36 37 Officers and employees of the Government shall be devoted to serving the public interest 38 and shall observe and maintain the highest ethical standards. A code of ethics applicable 39 to all public officers and employees shall be established by law. 40 41 5 Section 5 Supreme Law of the Virgin Islands 1 2 This Constitution shall be the supreme law of the Virgin Islands. 3 4 ARTICLE III VIRGIN ISLANDER 5 6 VIRGIN ISLANDERS 7 8 Section 1 Ancestral Native Virgin Islander 9 An Ancestral Native Virgin Islander is: 10 (a) a person born or domiciled in the Virgin Islands prior to and including 11 June 28, 1932 and not a citizen of a foreign country pursuant to 8 U.S.C. 12 1406 in its pertinent part, and his/her descendants; and 13 (b) descendants of an Ancestral Native Virgin Islander residing outside of 14 the U.S., its territories and possessions between January 17, 1917 and 15 June 28, 1932, not subject to the jurisdiction of the U.S. and who are not 16 a citizens or a subjects of any foreign country. 17 Section 2 Native Virgin Islander 18 A Native Virgin Islander is: 19 (a) a person born in the Virgin Islands after June 28, 1932, and 20 (b) descendants of a person born in the Virgin Islands after June 28, 1932. 21 ARTICLE IV SUFFRAGE AND ELECTIONS 22 Section 1 Right to Vote 23 Every citizen of the United States and the Virgin Islands eighteen (18) years of age or 24 older and registered to vote in the Virgin Islands shall have the right to vote. No other 25 qualifications or requirements may be imposed except a period of residency may be 26 required by law. Persons who are adjudged mentally incompetent or who serve a 27 sentence after conviction of a felony may be disqualified from voting. 28 Section 2 Regular General Election 29 The regular general election of the Virgin Islands shall be held on the first Tuesday 30 following the first Monday in November in each even numbered year. All executive 31 branch officers and members of the Senate shall be elected at a regular general election. 32 Other elections, initiative, referenda, and matters with respect to election procedures shall 33 be as provided by law. 34 Section 3 Date of Taking Office 35 The Governor and Lieutenant Governor elected in a regular general election shall take 36 office the first Tuesday following the first Monday in January following the election. All 37 other public officials elected at the regular general election shall take office as provided 38 by law. 39 Section 4 Oath of Affirmation 40 No political or religious test, other than an oath or affirmation to support the Constitution 41 and laws of the Virgin Islands, and the Constitution and laws of the United States, shall 42 be required as a qualification for public office. 43 44 6 Section 5 Compensation 1 Compensation for Certain Government Officials: 2 (a) Compensation for the Governor, Lieutenant Governor, Senators and 3 members of the Judiciary shall be as recommended by the Compensation 4 Commission. 5 (b) There shall be a Compensation Commission, which shall be appointed 6 within one hundred eighty (180) days of the effective date of this 7 Constitution and every eight (8) years thereafter, shall submit its 8 recommendation to the Senate, the Chief Justice, and the Governor 9 within one hundred twenty days (120) and then shall dissolve. It shall 10 have seven members: 11 (1) five shall be appointed by the Governor four of which shall be 12 appointed with the advice and consent of the Senate; 13 (2) one appointed by the President of the Senate; and 14 (3) one appointed by the Chief Justice of the Supreme Court. 15 (c) The recommended compensation shall not be amended, and shall become 16 effective unless it is disapproved within thirty days of submission by (1) 17 a two-thirds vote of the Senate or (2) the Governor. 18 (d) If the recommendation is disapproved, there shall not be any changes in 19 compensation unless it is recommended by the next Compensation 20 Commission that shall only be convened as provided herein. 21 (e) No law shall become effective increasing the compensation of Senators 22 during the term of its enactment. 23 ARTICLE V LEGISLATIVE BRANCH 24 Section 1 Legislative Power and Authority 25 The legislative power and authority of the Virgin Islands is vested in a unicameral body 26 designated as the Senate of the Virgin Islands and shall extend to all subjects of 27 legislation consistent with this Constitution and the Constitution and laws of the United 28 States. 29 Section 2 Composition of the Senate 30 (a) The Senate shall consist of no less than eleven and no more than fifteen 31 persons, as the number and districts may be determined by law, who shall 32 be called Senators. The Senate shall consist of Senators who are elected 33 At-Large and by Districts. One-half of the Senators elected At-Large 34 shall be residents of the District of St. Croix, and one-half of the Senators 35 elected At-Large shall be residents of the District of St. Thomas-St. John. 36 (1) Effective with the election of 2012, the Senate shall consist of fifteen 37 Senators with: (a) six elected At-Large, three who are residents of St. 38 Croix and three who are residents of either St. Thomas or St. John, 39 elected in alternate years by the electors of all the Virgin Islands, (b) two 40 elected from each of two sub-districts to be established on St. Croix, (c) 41 two elected from each of two sub-districts to be established on St. 42 7 Thomas, and one elected from St. John. Senators shall be residents of the 1 sub-districts from which elected, and shall be elected by the electors of 2 that sub-district. 3 (2) Senators elected At-large shall be elected for a term of four (4) years 4 and Senators elected by sub-districts shall be elected for a term of two (2) 5 years. 6 (b) At least once every ten (10) years and within one hundred and twenty 7 days (120) of publication of an official census, the Senate shall appoint a 8 reapportionment commission. The commission shall provide a plan for 9 the reappointment of At-Large and sub-district senate seats that are 10 contiguous and compact areas. The areas shall be constituted as to give, 11 as nearly as is practicable, representation in proportion to the census 12 population. The plan shall provide for at least one Senator from St. John. 13 If the Senate fails to establish a reapportionment commission in 14 accordance with this section within one hundred and twenty (120) days 15 of the release of the official census or if the Senate fails to reapportion 16 within two hundred and forty (240) days of the release of the official 17 census, the Supreme Court shall have original and exclusive jurisdiction 18 to promulgate and enact a reapportionment plan. 19 Section 3 Qualifications of Senators 20 A Senator shall be: 21 a) An elector of the Virgin Islands, 22 b) At least 18 years of age, 23 c) Domiciled in the legislative district or sub-district for at least one year 24 immediately preceding the first date of filing for office, and 25 d) Be a citizen of the United States and the Virgin Islands. 26 Section 4 Restriction of Activities 27 Activities of Members of the Senate shall be restricted as follows: 28 a) Until such time as Local Government is implemented, Senators shall 29 devote their full time to their duties and not (1) engage in any 30 employment, trade, or profession, and (2) not hold any other paid public 31 position unless authorized specifically by law. 32 b) Upon the implementation of Local Government the Compensation 33 Commission, established herein, shall adjust the compensation of 34 Senators commensurate with the required service. 35 c) Within one year of leaving the Senate, a Senator shall neither be 36 appointed to any salaried public position which was created by the 37 Senate during the previous term nor benefit from any compensation 38 which was increased by the Senate during the Senators last term of office 39 8 unless the salary change was recommended by the Compensation 1 Commission on Legislative, Executive and Judicial Salaries. 2 Section 5 Vacancy 3 If a vacancy occurs in the Senate, the President of the Senate shall, within thirty (30) 4 days, appoint the next available person from among those candidates considered in the 5 order of the highest number of votes received for that seat in the last election. If there is 6 no available candidate, the vacancy shall be filled as provided by law. 7 Section 6 Legislative Immunity 8 A Senator shall not be held to answer in any place except the Senate for a statement made 9 in any Senate proceeding. A Senator shall, except in cases of treason, felony, or breach 10 of the peace, be privileged from arrest in the Senator’s travel to, from or during a session 11 of the Senate. 12 Section 7 Organization and Procedure 13 A majority of the Senate shall constitute a quorum. The Senate shall have all authority 14 inherent in a legislative assembly; shall be the judge of the qualifications of its members, 15 and shall have the power to institute and conduct investigations, issue subpoenas, and 16 administer oaths. The Senate, upon the vote of two-thirds (2/3) of its members, may 17 discipline any member for cause. The Senate shall maintain a daily journal of its 18 proceedings, which shall include a record of all votes taken and shall be published within 19 thirty (30) days and made available to the public upon request. 20 Section 8 Regular and Special Sessions 21 Sessions of the Senate: 22 (a) The first Regular sessions of each term of the Senate shall be held in the 23 capital of the Virgin Islands beginning on the second Monday in January. 24 (b) A special session of the Senate may be called by the Governor or by the 25 President of the Senate upon request by two-thirds (2/3) of its members. 26 Only the business specified in the call shall be considered at a special 27 session. 28 (c) All sessions of the Senate shall be open to the public. 29 Section 9 Enactment of Laws 30 Senate shall have the authority to enact laws: 31 (a) A law may be enacted only by bill, and a bill shall not be enacted unless 32 it is circulated, read, and passed by a majority of the members present. 33 The full text of each bill or amendment must be read in its entirety at 34 least once during legislative consideration. This reading can only be 35 waived by a three quarters majority of all members present. 36 (b) Each bill passed by the Senate shall be presented to the Governor. If the 37 Governor signs or fails to return a bill within ten days (Sundays 38 excepted) of presentation, it shall become law. If the Governor vetoes a 39 bill, it shall be returned to the Senate within ten days (Sundays excepted) 40 of its presentation with a statement of reasons for the veto. The Governor 41 may veto an item of an appropriation bill and sign the remainder of the 42 bill, in which event the vetoed item shall be returned to the Senate within 43 9 ten days (Sundays excepted) of its presentation with a statement of 1 reasons for the veto. 2 (c) A bill or section of an appropriation bill vetoed by the Governor may be 3 reconsidered by the Senate upon the motion of any Senator no later than 4 the end of the next legislative session and shall become law as originally 5 passed upon a vote of two-thirds of the Senate. 6 (d) The Senate shall pass a balanced budget. The Senate is authorized to 7 consider and pass biennial budgets. 8 (e) All senatorial documents, including draft bill proposals, shall be open 9 public records subject to the open records act of the Virgin Islands. 10 Section 10 Impeachment 11 The Senate may impeach for cause any elected official upon a vote of two-thirds (2/3) of 12 its members. The Supreme Court shall determine, by a vote of two-thirds (2/3), whether 13 to remove from office an elected official impeached by the Senate, and a person so 14 removed shall not be immune from criminal charges or civil action. 15 ARTICLE VI EXECUTIVE BRANCH 16 EXECUTIVE POWER AND AUTHORITY 17 The Executive power and authority of the Virgin Islands are vested in the Governor. 18 Section 1 Composition; Officers Enumerated 19 There shall be an executive branch composed of a Governor, Lieutenant Governor, 20 executive departments and agencies. 21 Section 2 Election of Executive Officers 22 The Governor and Lieutenant Governor shall be elected jointly by the electors of the 23 Virgin Islands upon receiving a majority of the votes cast. Runoff elections shall be as 24 provided by law. A Governor may not serve more than two successive full terms and 25 may not serve as Lieutenant Governor immediately following two successive full terms. 26 Section 3 Qualifications for Governor and Lieutenant Governor 27 The Governor and Lieutenant Governor each shall: 28 (a) be an elector of the Virgin Islands for at least ten (10) years, 29 (b) be at least thirty-five (35) years of age, 30 (c) be a domiciliary of the Virgin Islands for at least fifteen (15) years, ten 31 (10) of which must immediately precede the date of filing for office, 32 (d) be an Ancestral or Native Virgin Islander, and 33 (e) not have dual citizenship. 34 Section 4 Powers and Duties of the Governor 35 (a) The Governor shall: 36 (1) exercise full authority over the executive branch except as otherwise 37 provided by this Constitution and shall be responsible for the faithful 38 execution of the laws of the Virgin Islands; 39 (2) after obtaining a background investigation on the candidate and with 40 the advice and consent of a majority of the Senate, appoint all executive 41 10 department heads. Any nomination not acted upon by the Senate within 1 60 working days after the receipt of the nomination shall be deemed to 2 have received the advice and consent of the Senate; 3 (3) report, no later than the 31st of January of each year, to the Senate on 4 the state of the Territory and, may at any time, recommend bills or other 5 measures for actions by the Senate. Within six months of taking office, 6 the Governor shall present a plan to the Senate that outlines his goals for 7 the Territory; 8 (4) prepare and submit to the Senate, at a time prescribed by law, a 9 balanced budget for the ensuing fiscal year. The budget shall state the 10 estimated funds available for appropriation and the estimated receipts, 11 expenditures, and obligations for every department, agency, and 12 government instrumentality. The budget shall also be summarized per 13 District. The budget shall state the public debt and contingent liabilities 14 and shall include biennial projections and other information as may be 15 required by law; and 16 (5) have the power to issue executive orders consistent with the law. 17 18 (b) Except in cases of impeachment, the Governor shall have the power to 19 grant reprieves, commutations and pardons. Each exercise of this power 20 shall be reported to the Senate, to the public and if practicable to the 21 victim or victim’s immediate family. 22 (c) In the event of a natural disaster, invasion, or insurrection, or imminent 23 danger thereof, the Governor may call out the militia or, when the public 24 safety requires, proclaim martial law. Upon such proclamation, the 25 Senate shall meet forthwith and may, upon the affirmative vote of two- 26 thirds (2/3) of its members, revoke the proclamation of martial law then 27 or at any other time. During an emergency, the Governor may order the 28 executive branch to be moved temporarily. 29 (d) The Governor shall execute such other functions, powers, and duties of 30 the executive branch offices, agencies, and instrumentalities as may be 31 provided by law. 32 Section 5 Powers and Duties of the Lieutenant Governor 33 The Lieutenant Governor shall have custody of the seal of the Virgin Islands, shall 34 countersign and affix the seal to official documents, record and preserve the laws of the 35 Virgin Islands, and have additional such other duties as may be assigned by the Governor 36 or provided by law. 37 Section 6 Official Residences 38 The official residence of the Governor and Lieutenant Governor shall be in the Virgin 39 Islands. The Governor and Lieutenant Governor, at the expense of the government, shall 40 be provided appropriate housing and utilities in properties owned by the Government at 41 the time of their initial election. 42 43 11 Section 7 Restrictions on Activities 1 The Governor and Lieutenant Governor shall devote full time to their duties and not (1) 2 engage in any employment, trade, or profession, or (2) not hold any other paid public 3 position unless specifically authorized by law. 4 Section 8 Order of Succession 5 In the case of the temporary or permanent disability of the Governor or Lieutenant 6 Governor, the position shall be replaced in the following order of succession to the office, 7 the Lieutenant Governor, the President of the Senate, Vice-President of the Senate, and 8 such other public official of the Virgin Islands as may be designated by law. 9 Section 9 Disability and Permanent Vacancy of Elected Officials 10 (a) The Governor or Lieutenant Governor shall declare a disability to 11 discharge the duties of office by transmitting to the Senate a written 12 declaration of disability. In the event of the temporary disability of the 13 Governor, the Lieutenant Governor shall act as Governor. If the 14 Lieutenant Governor is unable to act as Governor, the order of succession 15 shall be the President of the Senate, Vice-President of the Senate, and 16 such other public official of the Virgin Islands as may be designated by 17 law. The Governor or Lieutenant Governor shall resume office upon 18 submitting a written declaration of termination of the disability. 19 (b) Upon the affirmative vote of two-thirds (2/3) of its members, the Senate 20 may raise the question of the temporary or permanent disability of any 21 elected official. The Supreme Court of the Virgin Islands shall determine 22 all questions raised by the Senate or otherwise raised, as provided by law, 23 with respect to the temporary or permanent disability of any elected 24 official. 25 (c) If the Supreme Court declares a vacancy in an executive branch office 26 due to permanent disability then the vacancies in the following offices 27 shall be filled as follows: 28 (1) Governor or Lieutenant Governor - the order of succession shall be 29 followed. 30 (2) Attorney General or Inspector General - if the remaining term is less 31 than one year, the Governor, within sixty (60) days of the determination, 32 with the advice and consent of the Senate, shall appoint a new Attorney 33 General or Inspector General to fill the remaining term. If the remaining 34 term is more than one year, it shall be filled by a special election to be 35 held within sixty (60) days of the declaration of the disability. 36 (d) In the event of a permanent disability of any of elected official not yet 37 installed then the office shall be declared vacant and the vacancy shall be 38 filled by a special election to be held within sixty (60) days of the 39 declaration of the disability. 40 Section 10 Attorney General 41 (a) There shall be an Attorney General, who shall be appointed by the 42 Governor with the advice and consent of the Senate, and at the time of 43 the appointment must: 44 12 (1) have resided in the Virgin Islands at least five (5) years next 1 preceding his election; 2 (2) be at least thirty five (35) years old; 3 (3) be licensed to practice law in the U.S. Virgin Islands; and 4 (4) have other qualifications as provided by law. 5 (b) The Attorney General shall prosecute all criminal violations of the laws 6 of the Virgin Islands; prosecute and defend all other legal matters in the 7 name of the people of the Virgin Islands, provide legal advice to the 8 government, and have other duties and responsibilities as provided by 9 law. 10 Section 11 Inspector General 11 (a) There shall be an Inspector General, who shall be appointed by the 12 Governor with the advice and consent of the Senate, who shall serve a 13 term of six years and at the time of the appointment must: 14 (1) be an elector of the U.S. Virgin Islands; 15 (2) have resided in the Virgin Islands at least five (5) years preceding his 16 election; 17 (3) be at least thirty five (35) years old when elected; and 18 (4) have other qualifications as provided by law. 19 (b) The Inspector General shall have such duties as prescribed by law. 20 (c) The Inspector General shall report the findings of any audit or 21 investigation to the Governor, Senate and the public. 22 ARTICLE VII THE JUDICIAL BRANCH 23 Section 1 Judicial Power 24 The judicial power of the Virgin Islands shall be vested in the Supreme Court of the 25 Virgin Islands, and in such lower courts as may be created by law. 26 Section 2 Supreme Court 27 The Supreme Court shall be the highest court of the Virgin Islands. It shall consist of a 28 chief justice and no fewer than two associate justices. It shall have appellate jurisdiction 29 over all cases arising under this Constitution and laws of the Virgin Islands, and shall also 30 have original jurisdiction to issue all writs necessary to the proper exercise of its 31 jurisdiction, and such other appellate and original jurisdiction as may be provided by law. 32 Decisions of the Supreme Court on questions arising under this Constitution and the laws 33 of the Virgin Islands shall be final, except as Federal law may provide for review of such 34 decisions by courts of the United States. 35 Section 3 Rulemaking Power 36 The Supreme Court of the Virgin Islands shall adopt rules consistent with this 37 Constitution, the U.S. Constitution, federal laws, with respect to judicial matters in the 38 courts of the Virgin Islands, including temporary disability, civil and criminal procedure, 39 judicial ethics, and admission to, governance of and expulsion from the practice of law. 40 Lower courts shall adopt rules for those courts, to the extent consistent with this 41 Constitution, the U.S. Constitution and federal laws. 42 13 Section 4 Administration 1 The Chief Justice of the Supreme Court of the Virgin Islands shall be responsible for the 2 administration of the Supreme Court of the Virgin Islands. The Presiding judge of the 3 Superior Court shall be responsible for the administration of the Superior Court of the 4 Virgin Islands 5 Section 5 Qualifications 6 Justices of the Supreme Court and a Judges of a lower court shall: 7 (a) be a citizen of the United States and of the Virgin Islands; 8 (b) be domiciled in the Virgin Islands for not less than ten (10) years 9 immediately preceding his or her appointment; 10 (c) for appointment to the (1) Supreme Court of the Virgin Islands, have 11 practiced and been duly licensed to practice law, or have served as a 12 judge in the Virgin Islands, for not less than ten (10) years immediately 13 preceding his or her appointment; or (2) for appointment to any lower 14 court, have practiced and been duly licensed to practice law, or have 15 served as a magistrate, for not less than five (5) years immediately 16 preceding his or her appointment. 17 Section 6 Judicial Commission 18 19 There shall be a Judicial Commission whose terms shall be as provided by law. All 20 justices and judges shall be appointed by the Governor with the advice and consent of the 21 Senate, but no person shall be appointed as a justice or judge who has not been 22 nominated by the Judicial Commission. 23 (a) The Judicial Commission shall: 24 (1) Nominate Justices and Judges: Within sixty (60) days of any judicial 25 vacancy, the Commission shall present to the Governor, for each 26 vacancy, a list of three persons qualified to fill the vacancy. No person 27 may be listed to fill more than one open vacancy. 28 (2) Remove, Censure or Discipline Justices and Judges: The Commission 29 shall have the power to discipline, censure, suspend, remove or retire for 30 disability any justice or judge of any court for misconduct, malfeasance, 31 misfeasance, a crime of moral turpitude, disability or for a violation of a 32 criminal law. Any decision made pursuant to this subsection by the 33 judicial commission shall be appealable in a manner as provided by law. 34 (b) Composition: The Commission shall have nine members and composed 35 as follows: 36 (1) Two members appointed by the Governor of the Virgin Islands, one 37 of whom shall not be a lawyer; 38 (2) Two members appointed by the Senate, only one of whom shall be a 39 lawyer; 40 (3) One member appointed by the Board of Governors of the Virgin 41 Islands Bar Association, who shall have been engaged in the practice of 42 law in the Virgin Islands for at least five (5) successive years preceding 43 his or her appointment; 44 14 (4) Two members appointed by the Supreme Court of the Virgin Islands, 1 who shall be current or former judges or justices in a court of record in 2 the Virgin Islands; and 3 (5) Two members appointed by the Superior Court of the Virgin Islands 4 and who shall be current or former judges or justices in a court of record 5 in the Virgin Islands. 6 (c) The Commission shall choose annually, from among its members a 7 Chairperson and such other officers as it may deem necessary and may 8 adopt such rules of procedure consistent with this Article as may be 9 necessary to govern the business of the committee; 10 (d) Vacancies on the Commission shall be filled for the remaining unexpired 11 term, in the same manner in which the original appointment was made. 12 (e) Members of the Commission shall not be compensated for their service 13 on the Commission. 14 (f) The Chairperson and any other officers of the Judicial Commission shall 15 be chosen annually, from among its members. 16 (g) Meetings of the Commission may be called by the Chairperson or by a 17 majority of the members after a ten (10) day written notice to 18 Commission members. The Commission meetings may be closed to the 19 public. 20 Section 7 Judicial Appointments 21 The Governor shall fill a vacancy in the judiciary by appointing one of the three persons 22 nominated by the Judicial Commission. 23 Section 8 Terms 24 The regular term of a justice of the Supreme Court shall be twelve (12) years. The regular 25 term of a judge of the Superior Court shall be ten (10) years. The regular term of any 26 other judge shall be set in the enabling law. 27 Section 9 Compensation 28 The salary and allowances of a justice or judge shall be recommended by the 29 Compensation Commission and may not be decreased during his or her tenure. 30 Section 10 Restrictions on Activities 31 No person who holds a judicial or magistrate office shall be employed, hold any other 32 paid office, engage in a trade or in the practice of law. Any justice, judge or magistrate 33 who files or announces his or her candidacy for elective office shall immediate forfeit and 34 vacate the judicial office. 35 ARTICLE VIII LOCAL GOVERNMENT 36 Section 1 Political Subdivisions; Creation, Powers 37 The Senate shall create three political subdivisions embodying St. John, St. Croix and St. 38 Thomas, and provide for the framework for the government thereof. The Senate shall not 39 create a political subdivision within any of the islands, except with the approval of the 40 majority of the electors voting on the question on the island, which is to be subdivided. 41 Each political subdivision shall have and exercise such powers as shall be conferred by 42 law. 43 15 Section 2 Local Government 1 Each political subdivision shall have the power to adopt its own framework for local 2 government within such limits and under such procedures as may be provided by law. 3 The framework for local government shall be created by a commission composed of 4 members elected from said subdivision established by law. The Senate shall provide for 5 the election of commissions within one year of ratification of this Constitution. 6 Section 3 Mandates, Accrued Claims 7 No law shall be passed mandating any political subdivision to pay any claim accrued 8 prior to the establishment of the local government. 9 Section 4 General Laws 10 The legislative power of the Senate shall always be superior to any legislative authority 11 that may be granted to any local government. 12 ARTICLE IX EDUCATION 13 14 Educational Philosophy 15 16 It is the goal of the Virgin Islands to provide its citizens with a free, high-quality, public 17 education system that does not discriminate against any citizen, preserves the African 18 history, culture and traditions of the people of the Virgin Islands, and prepares its citizens 19 to compete globally. 20 21 Section 1 Public Education System 22 23 (a) The government shall provide for a free, high-quality, public education 24 system that includes early childhood, elementary, middle, secondary, 25 career and technical higher education. 26 27 (b) The early childhood, elementary, middle education and secondary 28 education shall be compulsory and shall begin at the earliest age when a 29 child has the mental and physical capacity for classroom learning. 30 31 (c) The system shall maintain state of the art technology and up-to-date 32 textbooks in the classrooms. 33 34 (d) The system shall maintain the smallest class size possible to ensure that 35 each student receives a high-quality education, but in any case, the class 36 size shall not have more than 20. 37 38 Section 2 Funding 39 40 (a) The Virgin Islands Senate shall provide the funding necessary to obtain 41 and maintain a free, high-quality, public education system. 42 43 (b) The Virgin Islands Senate shall establish and maintain the Virgin Islands 44 Fund for Education. 45 46 (c) The fund shall be supported by appropriations and allotments from the 47 General Fund which shall include at least fifty percent (50%) of all 48 earnings derived from legal and illegal games of chance in the territory. 49 16 1 (d) The Virgin Islands Fund for Education shall, to the greatest extent 2 possible, be guaranteed an annual budget of not less than thirty percent 3 (30%) of the general revenues of the territory, designated only for the 4 support of the objectives stated in these provisions, that shall not be 5 reprogrammed. 6 7 Section 3 Virgin Islands Board of Education 8 9 (a) A Board of Education for the Virgin Islands shall be established by law 10 and shall operate under the following terms: 11 12 (1) Members. The Board shall consist of fourteen (14) members. The 13 members shall be the persons who have been elected to the two District 14 Boards of Education. 15 16 (2) Terms. Members of the Boards shall be elected for terms of four (4) 17 years. The terms of office shall be staggered. 18 19 (3) St. Croix and St. Thomas/St. John Districts. (a)There shall be: two 20 electoral districts (1) St.Croix and (2)St.Thomas/St.John; and (b) each 21 district shall elect seven(7) members to the Board, provided that one 22 board member elected from the district of St.Thomas/St.John shall be 23 domiciled in St. John regardless of the definition of districts. 24 25 (4) Chairman and Vice Chairman. The members of the Virgin Islands 26 Board shall elect a Chairman and a Vice-Chairman from among its 27 number at the first meeting after each election. 28 29 (5) Vacancy. When a vacancy occurs on the Virgin Islands Board, the 30 Chairman of the Board shall name a replacement from the next person in 31 line with the highest number of votes, within thirty (30) days of the 32 vacancy. The person named shall serve for the remainder of the term. 33 34 (b) The Virgin Islands Board of Education shall have the following powers 35 and duties: 36 37 (1) Function as the State Board of Education with all the responsibilities 38 and duties required by the United States Department of Education; 39 40 (2) Be responsible for the policy, management and operation of the 41 education system; 42 43 (3) Hire a Superintendent for each district who shall administer the 44 policies of the Board; 45 46 (4) Hire a Director of Human Resources, a Director of Curriculum and 47 Instruction, and a Director of Capital Projects; 48 49 17 (5) Ensure that classroom size shall, to the greatest extent possible, be no 1 greater than the median size ratios of public school systems of high 2 quality by the year 2012; 3 4 (6) Ensure that African and Caribbean history, the culture and history of 5 the Virgin Islands and its original people are included in the curriculum 6 of study. 7 8 (7) Set the school calendar for all public schools in the territory; 9 10 (8) Act as the Virgin Islands Board of Technical and Career Education; 11 12 (9) Certify all educational professionals and schools, public and non- 13 public, in the territory to ensure that a high-quality education is provided; 14 15 (10) Have oversight of the Territorial Scholarship Program; 16 17 (11) Shall present an annual report to the Virgin Islands Senate on the 18 state of the Education System of the Virgin Islands by August 1st of each 19 year; 20 21 (12) Require the compulsory teaching of African and Caribbean history, 22 culture and vocational education in schools from elementary to twelfth 23 grade. 24 25 (13) Any other such powers or duties established by law. 26 27 Section 4 District Boards of Education 28 29 (a) Boards of Education for each of the districts of the Virgin Islands shall 30 be established by law and shall operate under the following terms: 31 32 (1) Districts. There shall be two District Boards: one for the island of 33 St. Croix, and one for the islands of St. Thomas/St. John. 34 35 (2) Members. Each of the District Boards shall have seven (7) members 36 elected by the citizens of each of the electoral districts of the Virgin 37 Islands. 38 39 (3) St. Thomas/St. John District. The St. Thomas/St. John District must 40 have at least one (1) member who is a resident of St. John. 41 42 (4) Chairman and Vice Chairman. The members of each District Board 43 shall elect a Chairman and a Vice-Chairman from among the 44 members of that District at the first meeting after each election. 45 46 (5) Vacancy. When a vacancy occurs on the District Board, the 47 Chairman of the District Board shall name a replacement from the 48 next person in line with the highest number of votes in the district, 49 within thirty (30) days of the vacancy. The person named shall serve 50 for the remainder of the term. 51 18 1 (b) The District Boards of Education shall have the following powers and 2 duties: 3 4 (1) Each District shall hire a Director of Budget and Management, a 5 Director of Maintenance, and a Director of Nutrition and Food Service. 6 7 (2) Any other such powers or duties established by law. 8 9 Section 5 Commission on Civics 10 11 (a) A Commission on Civics for the Virgin Islands shall be established by 12 law. 13 14 (b) The Commission shall have the following powers and duties: 15 16 (1) Develop and coordinate programs in collaboration with schools to 17 educate students in the importance of governance and democracy and 18 citizen involvement in a representative democracy; 19 20 (2) Any other such powers or duties established by law. 21 22 (c) The Commission shall remain effective for a period of five (5) years after 23 establishment. 24 25 (d) The members of the commission shall elect a chairman, vice chairman, 26 and such other officers as it shall determine; 27 28 (e) A member of the commission shall serve without compensation for his 29 services, but may receive a per diem and be reimbursed for reasonable 30 and necessary travel and other expenses actually incurred on business of 31 the commission; 32 33 (f) The commission shall hold meetings at least every quarter upon the call 34 of the chairman or the majority of the members. The initial meeting of 35 the commission shall be called by the president of the Virgin Islands 36 Senate; 37 38 (g) Staff and facilities needed by the commission to accomplish its purposes 39 shall be provided by the Virgin Islands Senate from its existing 40 resources. 41 42 ARTICLE X YOUTH 43 44 Section 1 Minimum Age of Employment 45 The Senate shall establish laws and regulations to govern the employment of children in 46 the Virgin Islands including a minimum age required for employment. 47 48 Section 2 Free Tuition For Higher Education 49 Graduates with four (4) years residency, from a Virgin Islands secondary public school 50 may be eligible for free tuition for higher education if the student: 51 19 (a) Applies within a number of years of graduation from secondary 1 school specified by law, is admitted and attends a Virgin Islands public 2 institution of higher education; 3 4 (b) Pursues an associate or bachelor degree in a degree field that has 5 been determined to be of need by the Virgin Islands Department of 6 Personnel; 7 8 (c) Becomes an employee of the government in the area of need for 9 double the years of study following the graduation from the institution of 10 higher education as established by law; or the tuition shall be owed, and 11 repayment shall commence six (6) months after graduation and paid in 12 full after four (4) years; 13 14 (d) A Graduate who does not complete a degree shall begin repayment of 15 the tuition six (6) months after terminating pursuit of the degree; and 16 17 (e) Any other such requirements established by law. 18 19 ARTICLE XI TAXATION, FINANCE AND COMMERCE 20 Section 1 Power to Tax 21 The Senate shall have the exclusive power to tax and may apportion revenues among the 22 political subdivisions. 23 Section 2 Tax Review Commission 24 There shall be a tax review commission, which shall be appointed as provided by law on 25 or before July 1, 2011, and every five (5) years thereafter. The Commission shall submit 26 to the Senate (a) an evaluation of the tax structure and (b) recommend policy for revenue 27 and taxes. The Commission shall dissolve upon the delivery of the report. The Senate 28 shall not make changes to the tax code until it has received the evaluation of the 29 Commission. 30 Section 3 Taxpayers' Bill of Rights 31 By law the Senate shall prescribe and adopt a Taxpayers' Bill of Rights in clear and 32 concise language that defines taxpayers' rights and fair treatment of taxpayers. 33 34 35 Section 4 Local Government Taxation and Finance 36 The power to tax shall be reserved to the Senate. A political subdivision may petition the 37 Senate to impose a tax for the benefit of the local government. 38 Section 5 Real Property Tax 39 The Senate by law may provide for the levy and collection of taxes on real property in 40 accord with the following: 41 (a) The value of real property shall be assessed at the time of purchase and 42 remain fixed for the period of ownership; 43 (b) Real property transferred to a descendant shall not be reassessed; 44 20 (c) Improvements shall be assessed when built and added to the original 1 assessment without otherwise affecting the original assessment; 2 (d) Real property tax shall be levied on the basis of fair market value as 3 specified by law; 4 (e) Real property shall be divided into one or more classes, with all real 5 property in the same class subject to the same millage rate; 6 (f) Real property millage rates shall be set by the tax review commission and 7 approved by the Senate; and 8 (g) No Real Property tax shall be assessed on the primary residence or 9 undeveloped land of an Ancestral Native Virgin Islander. 10 Section 6 Tax Ceiling 11 It is hereby established that the total amount of taxes which may be imposed by the 12 Senate in any fiscal year on the taxpayers shall be limited as recommended by the tax 13 review commission and approved by the Senate. 14 Section 7 Disposition of Excess Revenues 15 The Government shall provide a refund to taxpayers when the general fund fiscal year 16 balance for two successive years exceeds five percent (5%) of the general fund revenues. 17 Section 8 General Fund Expenditure Ceiling 18 Notwithstanding any other provision to the contrary, the Senate shall establish a general 19 fund expenditure ceiling which shall limit the rate of growth of general fund 20 appropriations, excluding federal funds received by the general fund, to the estimated rate 21 of growth of the territory’s economy as provided by law. No appropriations in excess of 22 such ceiling shall be authorized during any legislative session unless the Senate shall, by 23 a two-thirds (2/3) vote of the members, set forth the dollar amount and the rate by which 24 the ceiling will be exceeded and the reasons therefor. 25 Section 9 Public Debt Limitation 26 The Senate shall provide the method, restrictions and the authorization for the issuance 27 of public debt through bonds or other obligations to be issued on behalf of the 28 Government either for (a) a public improvement or public undertaking or (b) other 29 purposes in the public interest for economic development. Such bonds or obligations 30 shall be payable solely from revenues directly derived from and attributable to such 31 public improvement, public undertaking, or other project. The Senate may obligate bonds 32 as a general obligation of the Government. 33 Section 10 Accounting for Public Moneys 34 The Senate shall provide by law for the annual accounting of all public moneys, and may 35 provide by law for interim accounting. The Department of Finance shall issue this report 36 (within one year) after the close of each fiscal year. The report shall be compliant with 37 the requirements of law. 38 39 Section 11 Limitation on Corporate Tax Incentives 40 Notwithstanding any other provision to the contrary, the Senate shall impose a cap on any 41 tax incentives or other economic benefit provided to a corporation or other business 42 entity as follows: 43 21 (a) No business shall enjoy a tax exemption or any other economic incentive for 1 more than twenty-five (25) years; and 2 (b) No such benefit shall be renewable despite any change in corporate status to 3 include but not be limited to a name change, merger or change in ownership. 4 ARTICLE XII ECONOMIC DEVELOPMENT 5 Section 1 Economic Development Opportunities 6 The Government shall provide for the economic development of the Virgin Islands that 7 promotes economic opportunity through technology, use of natural resources and other 8 methods for the benefit of all citizens, especially for unemployed and disadvantaged 9 persons; and encourage growth in areas experiencing insufficient economic growth. The 10 Government shall set forth by law a plan to (a) reduce the Virgin Islands dependence on 11 imports, (b) increase the development of local business and industries, and (c) create 12 economic opportunities. The Government shall establish laws to govern the employment 13 of children under the age of fifteen. 14 Section 2 Preservation of Natural Resources 15 The Government shall have the power to manage, control and develop the natural and 16 marine resources comprising of submerged lands, inlets and cays; to reserve to itself all 17 such rights to internal waters between the individual islands, claim sovereignty over its 18 inter-island waters to the effect that territorial waters shall extend 12 nautical miles from 19 each island coast up to international boundaries. This is an alienable right of the people of 20 the Virgin Islands of the U.S. and shall be safeguarded. 21 Section 3 Energy Efficiency 22 The Government shall enable legislation to stimulate, encourage, promote and assist in 23 the development of renewable and alternative energy resources, and the efficient use of 24 energy. 25 Section 4 Use of Technology 26 The Government shall provide “state of the art” technology for use in government, 27 economic development, education, health and welfare of the people of the Virgin Islands. 28 Article XIII PUBLIC HEALTH, SAFETY AND WELFARE 29 Section 1 Health, Safety and Welfare of Citizens 30 The Government shall provide for the health, safety and welfare of the Virgin Islands and 31 its residents and provide for: 32 (a) The victims of crimes to have the opportunity to be heard, in a fair and 33 dignified manner, during the prosecution of the crime in which they were 34 a victim, as provided by law; 35 (b) The protection of the residents, properties and ports within its borders; 36 (c) A health system that provides its residents with healthcare and a clean 37 environment; 38 (d) The protection and welfare of its children, elderly, unemployed and 39 disabled without regard to of race, color, sex, gender, sexual orientation, 40 place of birth, socio-economic class, origin, political religious belief, age 41 or disability; and 42 22 (e) The mitigation of any disasters and provision of assistance to the victims 1 of disasters. 2 ARTICLE XIV CULTURE 3 Section 1 Cultural Development 4 The Government shall provide for the protection, promotion and preservation of the 5 culture, music, traditions, customs and intellectual property of the Virgin Islands. The 6 Government may enact development legislative measures designed to protect or assist 7 cultural tradition bearers, or persons disadvantaged by discrimination. 8 Section 2 Virgin Islands Cultural Heritage Institute 9 (a) The Virgin Island Cultural Heritage Institute shall be charged with the 10 protection, preservation and study of African and Caribbean history, 11 culture, arts, and traditions; and all other people of the Virgin Islands 12 who have contributed to the history of the Virgin Islands. The Institute 13 shall: 14 (1) make recommendation to the Senate on the manner by which the 15 Government shall preserve and protect the history, culture, arts, 16 traditions, artifacts and intellectual property of the Virgin Islands; 17 (2) have voice in the consideration of land use elements and 18 development of land that may substantially affect any history, culture, 19 artifact or other traditions of the people of the Virgin Islands; and 20 (3) in conjunction with the Board of Education recommend a curriculum 21 for the study of African and Caribbean history, culture, arts and 22 traditions; and all other people of the Virgin Islands who have 23 contributed significantly to the history of the Virgin Islands. 24 (b) No law shall be passed that abridges the preservation and development of 25 the Virgin Islands’ culture, language, history, traditions or customs. 26 (c) The government may take action to protect citizens who are the cultural 27 tradition bearers of the Virgin Islands from discrimination and adverse 28 action that affects the culture and traditions of the Virgin Islands. 29 ARTICLE XV PROTECTION OF ENVIRONMENT 30 Section 1 Agriculture/Mariculture Authority 31 The Government shall establish an Agriculture/Mariculture Authority for the following 32 purposes: (a) for acquiring lands for agricultural purposes, (b) for the development of the 33 marine science industry, (c) for scientific research and development and production, (d) 34 for redistribution by lease to the people of the Virgin Islands for agricultural or 35 homestead purposes, and (e) for other related public purposes as provided by law. 36 Section 2 Environmental Protection 37 There shall be established the Land, Air and Water Preservation Commission, that shall 38 develop a comprehensive plan for the preservation and enjoyment of land, air, water, 39 spiritual and medicinal plants, animals and other natural resources. The Commission shall 40 further provide for the enjoyment of the Virgin Islands’ natural beauty, cultural, 41 economic viability of the natural resources and the quality of life of the people of the 42 Virgin Islands. 43 44 23 Section 3 Open Beaches 1 All beaches and shorelines of the Virgin Islands, including cays and inlets, shall be public 2 and open to public access. Where access to a beach or shoreline is not available, the 3 government shall, to the greatest extent possible, provide public access from a public 4 road in perpetuity. All rights of the property owner shall be protected, and no law shall be 5 enacted to disenfranchise a property owner of the lawful use of the property. 6 Section 4 Submerged, Filled and Reclaimed Lands 7 Submerged lands, filled and reclaimed lands in the Virgin Islands are public lands 8 belonging collectively to the people of the Virgin Islands, and shall not be sold nor 9 transferred. The Virgin Islands of the United States cannot be sold nor transferred. 10 ARTICLE XVI INITIATIVES, REFERENDUMS AND RECALLS 11 All political power is inherent in the people, who reserve the power to propose, adopt, or 12 reject laws, and also the power to adopt or reject any act or section of any act passed by 13 the Senate. Initiatives and referendums are the power of the electors to propose the 14 enactment, amendment, or repeal laws of the Virgin Islands, except public exigency laws 15 and laws involving operating expenses. 16 Section 1 Initiatives 17 (a) An initiative shall be instituted by a petition containing the full text of the proposal, 18 and be signed by at least ten percent (10%) of the electors who voted in the last 19 gubernatorial election within each legislative district or by twelve percent (12%) of the 20 electors of the Virgin Islands. The petition once started must be filled or concluded 21 within one hundred and eighty (180) days. 22 23 (b) The initiative shall be filed with the Supreme Court who shall review it for legal 24 sufficiency within sixty (60) days. Upon the approval for legal sufficiency or if the 25 Supreme Court fails to act within sixty (60) days, the initiative shall be submitted to the 26 Senate. If adopted by the Senate within thirty (30) days of the filing of the petition, the 27 proposal contained in the petition shall take effect in accordance with its terms. If the 28 Senate fails to act within thirty (30) days, or votes against the initiative, the proposal shall 29 be submitted to the Supervisor of Elections for vote in the next general election or at a 30 special election held before the next general election. 31 (c) An initiative or referendum shall take effect upon the affirmative vote of a majority 32 of the electors of the Virgin Islands voting on the question. An initiative or referendum 33 adopted by the people shall not be vetoed by the Governor, and shall not be amended or 34 repealed by the Senate in office when the petition was filed. 35 Section 2 Referendums 36 The Senate may submit to the Supervisor of Elections for vote by the electors, a 37 proposition for enactment into law upon a majority vote of the electors voting on the 38 proposition. The proposition shall be written in a clear and concise manner and in a form 39 required by law. Upon approval, the proposition shall become law and shall not be 40 amended by the Senate or vetoed by the Governor. All referendums shall be binding. 41 42 Section 3 Recalls 43 44 (a) Elected public officials of the Virgin Islands may be recalled by the electors. A recall 45 petition shall identify the official to be recalled by name and office, and be signed by at 46 24 least thirty percent (30%) of the number of votes cast for that office. The petition shall 1 state the reasons for recall and be filled or concluded within sixty (60) days of its 2 initiation. 3 4 (b) A special recall election shall be held within sixty (60) days of the filing of the recall 5 petition. An official shall be recalled upon the affirmative vote of two-thirds (2/3) of 6 those voting on the question. 7 8 (c) A recall petition may not be filed during the first year of the first term of office of 9 an elected official, less than three (3) months before a general election, nor more than 10 once a year except for cause. 11 12 ARTICLE XVII POLITICAL STATUS ADVISORY COMMISSION 13 14 Section 1 Creation of the Political Status Advisory Commission 15 16 (a) Within two years of the adoption of the Constitution, there shall be created a 17 Political Status Advisory Commission for the Virgin Islands. 18 19 (b) The Political Status Advisory Commission shall consist of eleven (11) members 20 who are Ancestral Native and/or Native Virgin Islanders, two appointed by the 21 Governor and two appointed by the President of the Senate. The remaining 22 members shall be elected At-Large; provided that three shall be elected from 23 St. Croix, three from St. Thomas, and one from St. John. The members must 24 registered voters, shall be a domiciliary of the Virgin Islands for a minimum of 25 five years, and have demonstrated expertise in political status development of 26 United States and other territories. The term of office shall be three years. The 27 resources and remuneration shall be prescribed by law. 28 29 Section 2 Special Election 30 31 (a) The Senate shall provide for a special election to be held after a year of 32 Public Education on the status and federal relations options of: (1) statehood, 33 (2) free association, and (3) Independence. 34 35 (b) The special election on status shall be reserved for vote by Ancestral Native and 36 Native Virgin Islanders only, whether residing within or outside the territory. 37 38 Section 3 Duties of the Political Status Advisory Commission 39 The Political Status Advisory Commission shall have the following duties: 40 (a) Summarize the reports of the first Virgin Islands Status Commission, 41 the Select Committee of the Senate on Status and Federal Relations, 42 and the Commission on Status and Federal Relations; 43 44 (b) Publish analyses, discussion papers, information papers and other 45 relevant reports on matters related to the political and constitutional 46 evolution of the Virgin Islands; 47 48 (c) Promote through an ongoing public education program a heightened 49 understanding and awareness of the relevant political status options 50 25 available to the territory; 1 2 (d) Make recommendations to the Governor and Senate on methods 3 to achieve a full measure of self-government; and 4 5 (e) Exercise such other functions as may be prescribed by law. 6 ARTICLE XVIII CONSTITUTIONAL AMENDMENT 7 Section 1 Proposal of Amendments 8 Amendments to this Constitution shall maintain the principles of a republican form of 9 government and may be proposed by initiative, a constitutional convention, or the Senate. 10 Section 2 General Constitutional Convention 11 (a) The Senate, by the affirmative vote of two-thirds of its members, may submit to the 12 electors of the Virgin Islands at a regular general election the question, "Shall there be a 13 constitutional convention to propose amendments to the Constitution?" This question 14 shall be submitted by the Senate to the electors of the Virgin Islands within ten years after 15 the effective date of this Constitution and at least once every ten years thereafter. 16 (b) An initiative petition may submit to the electors of the Virgin Islands the question, 17 "Shall there be a constitutional convention to propose amendments to the Constitution?" 18 The petition shall be signed by at least fifteen percent (15%) of the electors of each 19 legislative district of the Virgin Islands or by twenty-five percent (25%) of the qualified 20 electors of the Virgin Islands. The question shall be submitted to the electors at the first 21 regular election held not less than ninety (90) days after filing of the initiative petition. 22 (c) If a majority of those voting on the question of a constitutional convention favors 23 holding such a convention, the Senate shall convene a convention within one hundred and 24 twenty (120) days after approval of the petition. 25 (d) Delegates to a constitutional convention shall be elected on a nonpartisan ballot as 26 provided by law. A constitutional convention may propose an amendment to the 27 Constitution only upon the affirmative vote of two-thirds (2/3) of its members. 28 Section 3 Legislative Proposal 29 The Senate may propose an amendment to this Constitution upon the affirmative vote of 30 two-thirds (2/3) of its members. 31 Section 4 Initiative 32 The people may propose an amendment to this Constitution by initiative. An initiative 33 petition shall contain the full text of the proposed amendment and shall be signed by 34 fifteen percent (15%) of the electors of each legislative district of the Virgin Islands or by 35 twenty-five percent (25%) of the electors of the Virgin Islands. 36 Section 5 Limited Constitutional Conventions 37 A constitutional amendment proposed by the Senate or by initiative may provide, in 38 accordance with its terms, for direct ratification by the electors of the Virgin Islands or 39 for the convening of a constitutional convention limited to the issues raised by the 40 proposed amendment. If a majority of those voting on the question of a limited 41 constitutional convention favors holding such convention, the Senate shall convene a 42 limited constitutional convention within one hundred and twenty (120) days, subject to 43 the same restrictions on membership and adoption of any proposed amendment as those 44 imposed on a general constitutional convention. 45 26 Section 6 Constitutional Review Commission 1 Within five (5) years after the effective date of this Constitution and at least once every 2 ten (10) years thereafter, a constitutional review commission shall be established by law. 3 The commission shall, within one hundred and twenty (120) days of its establishment, 4 make a public report to the Senate with its proposals, if any, for revision of the 5 Constitution. Members of the commission shall be qualified electors of the Virgin 6 Islands. 7 Section 7 Ratification of Amendments 8 Each proposed amendment to this Constitution shall be submitted to the electors of the 9 Virgin Islands for ratification at the first regular general election or at a special election 10 called by the Senate. Ancestral and Native Virgin Islanders, including those who reside 11 outside of the Virgin Islands or in the military, shall have the opportunity to vote on 12 Constitutional Amendments. A proposed amendment shall take effect in accordance with 13 its terms upon the affirmative vote of a majority of those voting on the amendment. 14 15 ARTICLE XIX TRANSITION 16 17 Section 1 Transitional Schedule Ratification and Effective Date of the 18 Constitution 19 This Constitution, as finally approved or modified by the Congress of the United States 20 under Section 5 of Public Law 94-584 (October 12, 1976), shall be submitted to the 21 electors of the Virgin Islands and shall be ratified upon the affirmative vote of a majority 22 of those voting on the question. The Constitution shall take effect one hundred and 23 twenty days (120) after ratification, except as provided in Sections 2 and 5 of this 24 Transitional Schedule. 25 Section 2 Elections 26 Except as otherwise specifically set forth within any other provision of this Constitution, 27 all elected officials shall be elected in accordance with this Constitution at the first 28 general election after the effective date of this Constitution. 29 Section 3 Continuity of Laws 30 Laws, executive orders, and regulations in force in the Virgin Islands on the effective 31 date of this Constitution that are consistent with this Constitution shall continue in force 32 until they expire, are amended, or repealed. Laws, executive orders, and regulations that 33 have been enacted or issued by the Senate of the Virgin Islands or by local executive 34 authorities, respectively that are inconsistent with this Constitution shall be void to the 35 extent of such inconsistency. 36 Section 4 Continuity of Government Employment and Operations 37 Employees of the Government of the Virgin Islands on the effective date of this 38 Constitution shall be employees of the constitutional government on the same terms and 39 conditions of employment as were in effect and enforceable previously, unless otherwise 40 provided by law. Employees of the Government of the Virgin Islands shall have the 41 same functions and duties after becoming employees of the constitutional government 42 unless otherwise provided by law. 43 Section 5 Continuity of Judicial Matters 44 The Supreme Court of the Virgin Islands and the Superior Court of the Virgin Islands 45 shall continue as the appellate court and the trial court of jurisdiction, respectively, in the 46 27 same manner as existed prior to the date of adoption of this Constitution until and unless 1 changed by law. The qualifications for justices and judges set forth in this Constitution 2 shall not be retroactively applied to any sitting justice or judge of the Supreme or 3 Superior Courts. All rules of the judicial system consistent with this Constitution and in 4 effect upon the adoption of this Constitution shall continue or may be modified or 5 terminated in the same manner as existed prior to the adoption of this Constitution until 6 and unless changed by law or by rule. 7 Section 6 Prospective Operation of Rights 8 All rights or obligations, procedural or substantive, created for the first time by this 9 Constitution shall be prospective and not retroactive. 10 Section 7 Succession 11 The constitutional government of the Virgin Islands shall succeed to all rights and 12 obligations of the Government of the Virgin Islands that existed prior to the effective date 13 of this Constitution. The validity of all public and private bonds, debts, and contracts, 14 and of all claims, actions, and causes of action shall continue as if no change had taken 15 place. 16 Signed and Witnessed as the approved and adopted by the Delegates to the Fifth 17 Constitutional Convention of the Virgin Islands on this _____ day of 18 ______________________, 2009. 19 20 21 _______________________________ Gerard Luz James II President Date: ______________________ Attested By: ________________________________ Mary L. Moorhead, Secretary Date: ___________________ 22 23 24 25 26 27 28 29 30