USVI Public Records

Resolutions of the Legislature providing for inquiries and investigations shall contain a limit of cost of the investigation, which limit shall not be exceeded except by vote of the Legislature authorizing additional amounts.

(a) All officers and employees of the government of the Virgin Islands, and all other persons whether connected with the government of the Virgin Islands or not, shall appear and give and furnish to the Legislature or any of its committees, upon request, such information, records, and documents as the Legislature or any such committee may deem necessary or proper for the achievement of its legal and authorized purposes. (b) This section shall not apply to the Governor, nor shall it apply to officers and employees of the United States Government with respect to any matters relating to affairs or operations of the Federal Government or to their capacity or functions as officers or employees thereof, nor shall it apply to any individual if otherwise prohibited by any federal law or regulation. History: Amended Nov. 7, 1975, No. 3767, § 8, Sess. L. 1975, p. 192.

(a) The form of the subpoena shall be prescribed by the presiding officer of the Legislature, and may be served by any judicial officer or by any elector of the Virgin Islands; and the affidavit of the person so serving the subpoena that he has delivered a copy thereof to the witness is evidence of the service. (b) A subpoena shall be sufficient if it- (1) states whether the proceeding is before a committee or the Legislature; (2) is addressed to the witness; (3) requires the attendance of the witness at a time and place certain; (4) is signed by the presiding officer of the Legislature or the Chairman of the committee before whom attendance of the witness is desired; (5) contains subject of testimony and/or all documents required; and (6) furnishes witness at least 72 hours notice. (c) There shall be paid to the witness as fees and for traveling expenses, the same amount that would be paid according to law to a witness under similar circumstances if summoned to attend a session of the District Court of the Virgin Islands.

The presiding officer of the Legislature, or the Chairman of any committee referred to in section 2 of this title, or any member of the Legislature may administer oaths to witnesses in any case under examination by the Legislature or the committee, or in any matter depending therein.

A person sworn and examined before the Legislature or any committee shall not be held to answer criminally or be subject to any penalty or forfeiture for any fact or act touching which he is required to testify. Any statement made or paper produced by such witness shall not be competent evidence in any criminal proceeding against the witness.

Whoever neglects or refuses to appear before the Legislature or any of its committees in obedience to subpoena may be arrested by a member of the territorial Police Force on the order of the Legislature or committee, and brought before the Legislature or committee. The only warrant or authority necessary to authorize the arrest shall be a copy of a resolution of the Legislature or committee signed by the presiding officer or the Chairman of the committee, as the case may be, and countersigned by the Legislative Secretary of the Legislature or a majority of the members of the committee, as the case may be.

Whoever, having been summoned as a witness by the authority of the Legislature or any committee referred to in section 2 of this title, to give testimony or to produce books, documents, records, or papers upon any matter under inquiry or investigation before the Legislature or committee, willfully makes default or disobeys the subpoena, or, having appeared, refuses to be sworn, or to answer any question pertinent to the subject under inquiry or investigation, or to produce any of the books, documents, records, or papers, shall be guilty of contempt and shall be fined not more than $200 or imprisoned not more than 30 days, or both.

(a) If the contempt referred to in section 7 of this title is committed before a committee during a session of the Legislature, the committee shall report the contempt to the Legislature for such action as may be deemed necessary by the Legislature. (b) If the contempt is committed before a committee when the Legislature is not in session, the Superior Court of the Virgin Islands may compel the attendance of the witnesses, the giving of testimony, and the production of books, papers, documents, and accounts, as required by the subpoena issued by the committee, on the filing by the committee of a petition to the court asking that the witness be so compelled. History: Amended July 20, 2019, No. 8184, § 3(a), Sess. L. 2019, p. 26.

Proceedings for the punishment of the contempt as provided for in this chapter shall be brought in the Superior Court of the Virgin Islands in the name of the Government of the United States Virgin Islands and shall be prosecuted by the Attorney General or his representative. In all such cases, the proceedings shall conform as near as may be to those prescribed by rules of court for contempts not committed in the immediate view and presence of the court. History: Amended July 20, 2019, No. 8184, § 3(b), Sess. L. 2019, p. 26.

Information The Legislature's Committee on Rules & Judiciary shall exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation for use in receiving, considering and making recommendations on individuals nominated for public Government offices and judgeships and individuals appointed to Boards and Commissions. Pursuant to § 16 of the Revised Organic Act of 1954, the nominations and appointments shall be made by the Governor of the Virgin Islands and require confirmation by the full Legislature of the Virgin Islands. History: Added Nov. 15, 2011, No. 7332, § 1, Sess. L. 2011, p. 314.

History: Repealed. June 24, 1987, No. 5265, § 1304(d), Sess. L. 1987, p. 103.

History: Repealed. June 24, 1987, No. 5265, § 1304(e), Sess. L. 1987, p. 103.

(a) A person is personally liable for a fine of not less than $500 or imprisoned for not more than 30 days, who in, or in connection with, any proceeding, hearing, or inquiry before the Legislature of the Virgin Islands - (1) swears or affirms - (A) that he will truly testify, declare, depose, or certify; or (B) that any testimony, declaration, deposition, certificate, affidavit, or other writing subscribed by him is true; and (2) willfully and knowingly testifies, declares, deposes, or certifies falsely or states in his testimony, deposition, affidavit or certificate any matter to be true which he knows to be false. (b) For any subsequent convictions, a person is personally liable for a fine of not less than $1,000, but not more than $5,000, or imprisoned for not more than 60 days. History: Added Aug. 16, 2024, No. 8874, § 1, Sess. L. 2024, p. -.

This chapter may be cited as "The Executive Budget Act". History: Added June 26, 1970, No. 2775, § 1, Sess. L. 1970, p. 211.

It is the purpose of this act to establish a comprehensive system for program and financial management which furthers the capacity of the Governor and Legislature to plan and finance the services which they determine the Government of the United States Virgin Islands will provide for its citizens. Communication, information and data processing procedures and systems shall be established and developed and the comprehensive system shall include procedures for: (1) The orderly establishment, continuing review and periodic revision of the program and financial goals and policies of the Government. (2) The development, coordination and review of long-range program and financial plans that will implement established governmental goals and policies. (3) The preparation, coordination and analysis, and enactment of a budget organized to focus on government services and their costs, that authorizes the implementation of policies and plans in the succeeding budget period. (4) The evaluation of alternatives to existing policies, plans and procedures that offer potential for more efficient or effective governmental services. (5) The regular appraisal and reporting of program performance. History: Added June 26, 1970, No. 2775, § 1, Sess. L. 1970, p. 211.

The governor shall direct the preparation and administration of the budget. He shall evaluate the long- range program plans, requested budgets and alternatives to department and agency policies and programs; and formulate, and recommend for consideration by the Legislature, a proposed comprehensive program and financial plan which shall cover all estimated receipts and expenditures of the Government, including all grants, loans, and monies received from the Federal government. Proposed expenditures shall not exceed estimated receipts and surpluses. All departments, agencies, boards, commissions, authorities and instrumentalities of the Government shall assist the Governor by providing all necessary information, reports and statistics required by the Governor to fulfill his responsibilities under this section. History: Added June 26, 1970, No. 2775, § 1, Sess. L. 1970, p. 211; amended Feb. 10, 2012, No. 7342, § 6, Sess. L. 2012, p. 4; amended May 16, 2014, No. 7599, § 10, Sess. L. 2014, p. 97-102.

The Legislature of the Virgin Islands hereby finds and declares that in order for the Government of the United States Virgin Islands and other governmental units and authorities within the Virgin Islands to issue private activity bonds, the interest on which is exempt from U.S. federal income tax under the provisions of section 103 of the Internal Revenue Code, there must be provided a means by which the private activity bond volume limitation available to the Virgin Islands pursuant to the provisions of section 146 of the Internal Revenue Code is allocated among such issuers. History: Added Sept. 7, 1989, No. 5460, § 1, Sess. L. 1989, p. 84A.

For the purposes of this section and sections 20a and 20c of this chapter, unless the context requires otherwise, the following words shall have the meanings set forth in this section: (a) The term "Internal Revenue Code" shall mean the United States Internal Revenue Code of 1986, as amended. (b) The term "private activity bond" shall have the meaning given such term by section 141 of the Internal Revenue Code. (c) The term "Private Activity Bond Limitation" shall mean the annual ceiling on the issuance of Private Activity Bonds, as defined in section 146(c)(1) of the Internal Revenue Code, which is available to the Virgin Islands pursuant to the provisions of section 146 of the Internal Revenue Code. History: Added Sept. 7, 1989, No. 5460, § 1, Sess. L. 1989, p. 84A.

The Governor is hereby granted authority pursuant to the provisions of section 146(e)(1) of the Internal Revenue Code to (i) allocate to the Government of the United States Virgin Islands annually the entire Private Activity Bond Limitation available to the Virgin Islands pursuant to the provisions of section 146 of the Internal Revenue Code and (ii) establish by executive order the annual allocations of the Private Activity Bond Volume Limitation for the Government of the United States Virgin Islands and other governmental units and authorities within the Virgin Islands having authority to issue Private Activity Bonds. History: Added Sept. 7, 1989, No. 5460, § 1, Sess. L. 1989.

(a) Short title. This Act may be cited as the "Revenue Estimating Conference Act". (b) Definitions. As used in this section: (1) "Conference" means the Revenue Estimating Conference established by this Act. (2) "Principal" means a person designated in subsection (d) to be a principal of the Conference. (c) A Revenue Estimating Conference shall be held twice a year, in March and September. Additionally, a Conference shall be convened by the chairperson upon the written request of a principal. (d) The principals of the Conference shall be the Director of the Office of Management and Budget, the Commissioner of Finance, the Director of the Bureau of Internal Revenue, the Post Auditor of the Legislature, the President of the Legislature, the Chief Economist of the Bureau of Economic Research, the President of the St. Croix Chamber of Commerce, the President of the St. Thomas-St. John Chamber of Commerce and the President of the University of the Virgin Islands, or their respective designees. At least one (1) principal shall have revenue forecasting or economic expertise. (e) The chairperson of the first Conference shall be the President of the Legislature, who shall convene the first Conference, and thereafter the position of the chairperson shall rotate among the principals, as determined by the principals, each year. (f) The chairperson shall convene Conference sessions, preside over Conference sessions, and specify topics to be included on the Conference agenda, and may invite persons to make a presentation or to offer testimony to the Conference. (g) The chairperson may request and shall receive from all public officers, departments, agencies, authorities, and instrumentalities, the assistance and data needed to enable it to fulfill its duties. (h) The chairperson is also responsible for preparing and distributing the necessary work papers before the Conference sessions. The work papers shall include comparisons between alternative information where a comparison is warranted. (i) The Conference shall establish an official economic forecast of major variables of the territorial economy. The Conference shall also establish a forecast of anticipated territorial revenues, listed as recurring and non-recurring in form as the Conference considers, among other factors and indicators, the following: (1) Territorial income tax collections; (2) Territorial gross receipts tax collections; (3) Territorial corporate income tax collections; (4) Total general fund/general purpose revenues; and (5) Any other form of territorial revenue as required by law. (j) The principals, at their discretion, may employ the use of a software program to assist with their forecasting responsibilities. (k) The September forecast required by this section shall be for the purpose of establishing the official forecast for the fiscal year commencing thirteen (13) months from when the Conference is being held. The March forecast required by this section shall be for the purpose of revisiting the official forecast for the ensuing fiscal year. The March report will be utilized in the preparation of the executive budget. (l) The official forecast shall be presented to the Governor within ten (10) days of completion of work on the official forecast and the Governor shall utilize the forecasts to prepare and administer the budget, and to propose a comprehensive program and financial plan as required in section 20 of this chapter. (m) The official Conference forecasts of revenues shall be based upon the assumption that the current law and current administrative procedures will remain in effect for the forecast period. (n) The procedures of the Conference shall be decided by the principals, except that any final action establishing an official forecast shall be taken only with the majority approval of all the principals, and a Conference shall complete its work within a period of not more than five (5) days, unless extended by consensus of the principals. (o) All official sessions and meetings of a Conference shall be open to the public. (p) The Conference shall publish the economic and revenue forecasts established by the Conference, on the University of the Virgin Islands website and the Legislature of the Virgin Islands website and such forecasts shall be made available to the public within ten (10) days of completion of the official forecast. History: Added Oct. 15, 2013, No. 7521, § 1, Sess. L. 2013, p. 122-124.

The Legislature shall: (1) Consider the program and financial plan recommended by the Governor, including proposed goals and policies, recommended budget, revenue proposals, and proposed long-range programs plans. (2) Adopt those programs and alternatives to the plan recommended by the Governor that it deems appropriate. (3) Adopt legislation to authorize the implementation of a comprehensive program and financial plan. (4) Provide for a postaudit of financial transactions, program accomplishments and execution of legislative policy direction. History: Added June 26, 1970, No. 2775, § 1, Sess. L. 1970, p. 212.

The Director of the Office of Management and Budget shall: (1) Assist the Governor in the preparation and explanation of the proposed comprehensive program and financial plan, including the coordination and analysis of department and agency program goals and objectives, program plans and program budget requests. (2) Develop information, communication and data processing systems needed for effective policy decision- making. (3) Assist department and agencies in their statement of goals and objectives, preparation of program plans, program budget requests and reporting of program performance. (4) Administer his responsibilities under the program execution provisions of this chapter so that the policy decisions and budget determinations of the Governor and the Legislature are implemented to the fullest extent possible within the concepts of proper management. (5) Conduct each year a mid-year review of the current fiscal year budget to determine whether the current year's revenues align with the appropriations made for that year, and report the findings no later than one month after the annual spring revenue estimating conference to the Committee on Finance and to the Legislature's Post Audit Division for its review of appropriation levels to ensure alignment with current fiscal year revenues and expenditures. (6) Provide the Legislature with any budget information it may request. History: Added June 26, 1970, No. 2775, § 1, Sess. L. 1970, p. 212; amended May 7, 2020, No. 8298, § 1, Sess. L. 2020, p. 38.

(a) Each department, agency, board, commission, authority and instrumentality of the Government, except the Legislature and the courts, on the date and in the form and content prescribed by the Director of the Office of Management and Budget, shall prepare and forward to the Director of the Office of Management and Budget the following program and financial information: (1) The goals and objectives of its programs, together with proposed supplements, deletions and revisions. (2) Its proposed plans to implement the goals and objectives including estimates of future service needs, planned methods of administration, proposed modification of existing program services and establishment of new program services, and the estimated resources needed to carry out the proposed plan. (3) The budget requested to carry out its proposed plans in the succeeding fiscal year. The budget request information shall include the expenditures during the last fiscal year, those estimated for the current fiscal year, those proposed for the succeeding fiscal year, an explanation of the services to be provided, the need for the services, the costs of the services, and any other information requested by the Director of the Office of Management and Budget. (4) A report of the receipts during the last fiscal year, an estimate of the receipts during the current fiscal year, and an estimate for the succeeding fiscal year. (5) A statement of legislation required to implement the proposed programs and financial plans. (6) An evaluation of the advantages and disadvantages of specific alternatives to existing or proposed program policies or administrative methods. (7) A certified statement indicating the federal grants or other funding programs that were applied for in the preceding fiscal year and the status of each application. (b) Its proposals prepared under subsection (a) describe the relationships of its program services to those of other departments, agencies, and instrumentalities of the Government of the United States Virgin Islands, of the Federal government, and of nongovernmental bodies. (c) The Director of the Office of Management and Budget shall assist departments and agencies in the preparation of their proposals under subsection (a). Their assistance may include technical assistance; organization of materials; centrally collected accounting, budgeting and personal information; standards and guidelines formulation; population and other required data; and any other assistance that will help the departments and agencies produce the information necessary for efficient management and effective decision-making by the Governor and the Legislature. (d) If any department or agency fails to transmit the program and financial information provided under subsection (a) on the specified date, the Director of the Office of Management and Budget may prepare such information. (e) The Director of the Office of Management and Budget shall compile and submit to the Governor-elect in any year when a new Governor has been elected, not later than November 20, a summary of the program and financial information prepared by departments and the agencies of the Government. History: Added June 26, 1970, No. 2775, § 1, Sess. L. 1970, p. 213; amended Mar. 23, 2016, No. 7845, § 1, Sess. L. 2016, p. 14.

(a) The Governor shall formulate the program and financial plan to be recommended to the Legislature after considering the proposed program and financial plans, and other programs and alternatives that he deems appropriate. The plan shall include his recommended goals and policies, recommended plans to implement the goals and policies, recommended budget for the succeeding fiscal year, and recommended revenue measures to support the budget. (b) The Governor shall present the proposed comprehensive program and financial plan in a message to the Legislature on or before May 30, prior to each fiscal year. The message shall be accompanied by an explanatory report which summarizes recommended goals, plans and appropriations, and the certifications submitted to the Director of the Office of Management and Budget in accordance with section 23, subsection (a), paragraph (7) of this chapter. The explanatory report shall be furnished each member of the Legislature and the head of each department and agency of the Government on or before May 30. The report shall contain the following information: (1) The coordinated program goals and objectives that the Governor recommends to guide the decisions on the proposed program plans and budget appropriations. (2) The program and budget recommendations of the Governor for the succeeding fiscal year. (3) A summary of receipts in the fiscal year, a revised estimate for the current fiscal year, and an estimate for the succeeding fiscal year. (4) A summary of expenditures during the last fiscal year, those estimated for the current fiscal year, and those recommended by the Governor for the succeeding fiscal year; and (5) Any additional information which will facilitate understanding of the Governor's proposed program and financial plan by the Legislature and the public. (6) A report on the debt position of the Government of the Virgin Islands, which includes the extent of all debt obligations of the Government, and of all agencies, departments, and other instrumentalities of the Government, the anticipated debt service for each obligation in the succeeding fiscal year, and the authorized or proposed source of funding for these payments. (7) A report on the amount of funds deposited into all trusts and funds established for specific purposes, which do not require an appropriation in order to be expended for authorized purposes, during the last fiscal year, an estimate of the amount of such funds expected to be deposited during the current fiscal year, and an estimate of such funds for the succeeding fiscal year. The report shall include the balance of unexpended funds remaining at the end of the last fiscal year, and estimated to remain at the end of the succeeding fiscal year. (c) After delivery of the Governor's message, the bills incorporating his recommendations shall be submitted to the Legislature, but not later than May 30. History: Added June 26, 1970, No. 2775, § 1, Sess. L. 1970, p. 214; amended Jan. 5, 1979, No. 4255, § 1(c) (1), (2), Sess. L. 1978, p. 327; Oct. 11, 1979, No. 4367, § 7, Sess. L. 1979, p. 212; May 20, 1981, No. 4544, § 4, Sess. L. 1981, p. 42; Nov. 3, 1994, No. 6037, § 1, Sess. L. 1994, p. 265; amended Mar. 23, 2016, No. 7845, § 2, Sess. L. 2016, p. 14.

The Legislature shall consider the Governor's proposed comprehensive program and financial plan; evaluate alternatives to the Governor's recommendations; and determine the comprehensive program and financial plan to support the services to be provided the citizens of the Virgin Islands, provided, however, that in such determination authorized expenditures shall not exceed estimated receipts and surpluses. History: Added June 26, 1970, No. 2775, § 1, Sess. L. 1970, p. 215.

(a) Except as limited by policy decisions of the Governor, appropriations by the Legislature, and other provisions of law, the several departments and agencies of the Government shall have full authority for administering their program service assignments and shall be responsible for their proper management. (b) Each department and agency, other than the Legislature and the courts, shall prepare an annual plan for the operation of each of its assigned programs except for programs that are exempted from this requirement by the Director of the Office of Management and Budget. The operations plan shall be prepared in the form and content to be transmitted on the date prescribed by the Director of the Office of Management and Budget. (c) The Director of the Office of Management and Budget shall: (1) Review such operations plan to determine that it is consistent with the policy decisions of the Governor and appropriations by the Legislature, that it reflects proper planning and efficient management methods, that appropriations have been made for the planned purpose and will not be exhausted before the end of the fiscal year. (2) Approve the operations plan if satisfied that it meets the requirements under paragraphparagraph (1)se the Director of the Budget shall require revision of the operations plan in whole or in part. (3) Modify or withhold the planned expenditures at any time during the appropriation period if the Director of the Budget finds that such expenditures are greater than those necessary to execute the programs at the level authorized by the Governor and the Legislature, or that the receipts and surpluses will be insufficient to meet the authorized expenditure levels. (d) Appropriation transfers or changes as between objects of expenditures within a program may be made by the head of a department or agency. (e) The Director of the Office of Management and Budget shall report quarterly to the Governor and the Legislature on the operations of each department and agency, relating actual accomplishments to those planned, and modifying, if necessary, the operations plan of any department or agency for the balance of the fiscal year. (f) Notwithstanding subsection (c) of this section, 100% of any appropriation made with respect to the Virgin Islands Board of Education or any scholarship, academic award or endowment or fellowship shall be allotted by the Director of the Office of Management and Budget within 30 days of the effective date of the appropriation. (g) Nothing in this section may be construed to authorize the Director of the Offices of Management and Budget to withhold, reduce or otherwise alter the operating budgets of or any appropriations to the Legislature or to the courts. History: Added June 26, 1970, No. 2775, § 1, Sess. L. 1970, p. 215; amended Mar. 16, 1987, No. 5250, § 4, Sess. L. 1987, p. 4; July 13, 2004, No. 6675, § 39, Sess. L. 2004, p. 50.

(a) Each department and agency, other than the Legislature and the courts, shall submit a performance report to (i) the Director of the Office of Management and Budget and the Finance Committee of the Legislature on or before October 30, for preceding fiscal year and (ii) to the members of the Legislature on a quarterly basis on or before January 31st, April 30th and July 31st of every calendar year. These reports shall be in the form prescribed by the Director of the Office of Management and Budget after consultation with the Finance Committee of the Legislature, and shall include statements concerning: (1) The work accomplished and the services provided in the preceding fiscal year or other meaningful work period, relating actual accomplishments to those planned under section 26(b). (2) The relationship of accomplishments and services to the policy decisions and budget determinations of the Governor and the Legislature. (3) The costs of accomplishing the work and providing the services, and, to the extent feasible, citing meaningful measures of program effectiveness and cost. (4) The administrative improvements made in the preceding year, potential improvements in future years, and suggested changes in legislation or administrative procedures to make further improvement. (b) Each department and agency required to submit a performance report to the Director of the Office of Management and Budget pursuant to subsection (a) of this section shall submit to each member of the Legislature a copy of such report on the same day it is submitted to the Director of the Office of Management and Budget, but in no event later than January 31 immediately following the conclusion of the fiscal year for which the performance report was prepared. History: Added June 26, 1970, No. 2775, § 1, Sess. L. 1970, p. 216; amended Jan. 5, 1979, No. 4255, § 1(c) (3), Sess. L. 1978, p. 327; Feb. 16, 1979, No. 4265, § 1, Sess. L. 1979, p. 10; Jan. 23, 2008, No. 6988, §§ 1, 2, 3, Sess. L. 2007, pp. 236, 237.

(a) The annual appropriation act to provide appropriations for salaries and expenditures of the Government of the United States Virgin Islands for each fiscal year beginning October 1 and ending September 30, shall be known as the "Executive Appropriation Act". The Act shall include, as appropriations by the Legislature, amounts for programs and salaries to be funded from Federal grants, contributions, and matching funds and amounts designated exclusively for deposit into the Single Payer Utility Fund established in 33 V.I.C., chapter 111 for the payment of bills owed by the Government of the Virgin Islands to the Virgin Islands Water and Power Authority, or to any successor power company of the Government. (b) Notwithstanding the provisions of any general or specific law, no part or portion of any item of the Executive Appropriation Act, or in any other appropriation bills for operating expenses of any departments, agency or special fund, shall be expended for any other purpose but that specified, or any transfer between items made, without the expressed consent of the Committee on Finance of the Legislature and until a certificate of approval shall have been issued by the Governor and a copy of such certificate filed with the Co-Chairmen, Committee on Finance of the Legislature. Transfer of amounts between departments shall be effected only by special appropriations. In any case requiring approval of the Finance Committee such approval shall be granted only by a majority vote of the members of the Committee present and voting. Four members shall constitute a quorum. No action of the Committee shall be lawful unless taken at a formal meeting with prior notice to the members. Minutes of each formal meeting shall be maintained as a public record. (c) A Contingent Fund included in the appropriation for any officer of the Government of the United States Virgin Islands shall be available for obligations and expenditure for any objects of expenditure which are not specifically provided for in any such act, including contractual and other services, travel, transportation and per diem expenses of persons selected and designated by said officer to accompany him on official missions. Such an appropriation may also be obligated and expended for expenses in connection with the official visits of members of Congress and other high-ranking officials visiting the territory, and may be expended for entertainment expenses not routinely covered within the appropriation of said offices. The officers, in their discretion, shall determine the nature and propriety of all such expenditures; Provided, however, That no monies available in any contingency fund may be used by any officer or the Governor to compensate, by contract or otherwise, any government official or employee in excess of the salary fixed by law. As used in this subsection, the term "salary" shall mean the rate of pay established by the Virgin Islands Code for any official or employee plus lawful increments, or the rate of pay established by the Position Supplement to the Budget Act, whichever is applicable. (d) Appropriations made in an Executive Appropriation Act and appropriations supplemental thereto for the following specific objects and purposes within the Department of Economic Development and Agriculture: (1) advertising; (2) promotion including entertainment; (3) publicity not including literature; (4) public relations; (5) operation of offices outside the Virgin Islands may be obligated and expended in the manner common among businessmen and in accordance with generally accepted business procedures, under such rules, regulations, restrictions and general principles as shall be approved by the Governor. The provisions of chapter 23 of Title 31 of the Virgin Islands Code, to the extent inconsistent with the provisions of this subsection shall be deemed inapplicable to obligations and expenditures hereunder; Provided, That there shall be adequate control of and accounting for all such obligations and expenditures; that a statement furnishing such information as the Commissioner of Property and Procurement may require shall be filed in advance of such obligations and expenditures with the Commissioner of Property and Procurement; and Provided, further, That all major expenditures shall be covered by written contracts therefor acceptable under standard business practices for such objects and purposes in order to protect the integrity of the public funds thus obligated and expended. (e) The Governor or an official or employee delegated by him, is authorized to charge up to $50,000 for each separate claim to the appropriations provided in an Executive Appropriation Act, the amounts for payments of debts incurred by the departments and agencies in previous years and to reduce in those amounts the appropriations at the disposition of such departments or agencies for the fiscal year covered by such Executive Appropriation Act, and any other claims shall be referred to the Legislature for its consideration. (f) The Department of Finance shall prepare in detail (by object classification and by individual divisions) a monthly financial statement showing obligations and disbursements including the obligations and disbursements for payment of electric bills owed to the Virgin Islands Water and Power Authority or to any successor power company of the Government and shall submit the same within thirty days after the close of each month to the members of the Legislature and the Director of the Office of Management and Budget. (g) The Division of Personnel shall submit a summary of personnel actions, including accessions and terminations, to the members of the Legislature and the Director of the Office of Management and Budget within thirty days after the close of each month. History: Added June 30, 1972, No. 3227, § 2, Sess. L. 1972, p. 138; amended July 14, 1975, No. 3718, § 15, Sess. L. 1975, p. 107; Jan. 5, 1979, No. 4255, § 1(c)(4), Sess. L. 1978, p. 327; Oct. 11, 1979, No. 4367, §§ 4(e), 8, Sess. L. 1979, pp. 211, 212; Oct. 9, 2001, No. 6453, § 1, Sess. L. 2001, p. 228; Oct. 12, 2005, No. 6782, § 1, Sess. L. 2005, p. 295; amended Oct. 23, 2013, No. 7562, § 3(a), (b), Sess. L. 2013, p. 199.

(a) Notwithstanding any other provision of law, all recipients of grants of funds from the Treasury of the Virgin Islands for whatever purpose, but excluding scholarship grants, shall submit to the Governor and the Committee on Finance of the Legislature within six (6) months from the effective date of said appropriation, or whenever at least 75% of the appropriation is expended, whichever occurs sooner, an initial financial statement. Every six (6) months thereafter or whenever 100% of the appropriation is expended, whichever occurs sooner, an updated financial statement shall be submitted to the Governor and the Committee on Finance of the Legislature. The submission of this second financial statement shall be a condition precedent to the consideration of any application for renewal of said grant or the awarding of any other grant. (b) The financial statements required under subsection (a) of this section shall be detailed, and disclose up to the date of the statement, (1) the amount and nature of all expenditures made, (2) any receipt of public funds, (3) a distinction between funds expended outside the territory and those expended within the territory, and (4) the name of all persons responsible for the preparation of said statement. Any financial statement submitted under subsection (a) of this section must be in a form generally accepted for financial statements. (c) Any recipient of funds from the treasury of the Government of the Virgin Islands shall be subject to audit by the Virgin Islands Inspector General and the Post Auditor of the Virgin Islands Legislature. History: Added July 1, 1974, No. 3589, § 2, Sess. L. 1974, p. 184; amended Jan. 5, 1979, No. 4255, § 1(c) (5), Sess. L. 1978, p. 327; Oct. 14, 1981, No. 4635, § 12, Sess. L. 1981, p. 219; July 31, 2004, No. 6677, § 9, Sess. L. 2004, p. 64.

The fiscal year of the Government of the Virgin Islands shall commence October 1 and end September 30. History: Added Jan. 5, 1979, No. 4255, § 1(a), Sess. L. 1978, p. 326.

An appropriation enacted with the words "such sums shall remain available until expended", or similar language is effective for only five years after its enactment date, after which time the appropriation lapses automatically. History: Added Oct. 3, 2006, No. 6891, § 1, Sess. L. 2006, p. 291.

Separation Effective on and after April 10, 1961, all administrative and clerical employees of the Legislature of the Virgin Islands shall be entitled to the following benefits: (1) Twenty-six days annual leave with pay each calendar year exclusive of Sundays and holidays; Provided, that the part unused in any year shall be accumulated for succeeding years until it totals not exceeding 60 days. (2) Cumulative sick leave, with pay, at the rate of 11/4 days per month; Provided, That upon approval of the President sick leave in an amount not exceeding 180 days may be advanced. Sick leave which is not used by an employee accumulates for use in succeeding years and shall be applied in accordance with Title 3, section 731, Virgin Islands Code. In no event shall an employee receive a lump sum payment for accumulated sick leave upon separation from his employment or upon retirement. (3) Any employee who has accumulated an unused annual leave at the end of the calendar year in excess of the days allowed by subsection (1), shall be entitled for retirement purposes only to "service credit for forfeited annual leave". Any member of the Government Employees Retirement System having "service credit for forfeited annual leave" at the date of retirement shall have such service credit applied toward the service retirement annuity to which the member may be entitled. History: May 16, 1961, No. 670, § 1, Sess. L. 1961, p. 24; amended Apr. 7, 1983, No. 4798, Sess. L. 1983, p. 28; Oct. 13, 1994, No. 6031, § 3, Sess. L. 1994, p. 231; Nov. 23, 1999, No. 6333, §§ 8(a), 8(b), Sess. L. 1999, p. 182.

There shall be deducted and withheld from the salary of each employee the required taxes for Social Security under the Federal Insurance Contribution Act. All payments less such deduction shall be considered as a full and complete settlement for services rendered. The Legislature shall also contribute the required amount to the Social Security Fund as required under the Federal Insurance Contribution Act. History: Added May 16, 1961, No. 670, § 2, Sess. L. 1961, p. 25.

(a) Every employee who receives a salary of not more than $4,200 per annum shall receive compensation equal to one and one-half times the regular rate of pay, for overtime work performed. (b) Every employee who received a salary of more than $4,200 per annum but not more than $6,000 per annum shall receive compensation equal to the regular rate of pay, for overtime work performed. (c) Every employee who receives a salary of more than $6,000 per annum but not more than $7,500 shall receive compensation equal to the regular rate of pay for overtime work performed up to 10 hours in each biweekly pay period. Every such employee shall receive, for overtime work performed in excess of 10 hours in each biweekly pay period- (1) three quarters of his regular rate of pay for such overtime work performed during any period between seven days prior to the date of opening and seven days subsequent to the date of adjournment of any regular or special session of the Legislature; and (2) compensatory time off, with pay, equal to the amount of hours in excess of 10 hours in each biweekly pay period for such overtime worked during any other period. (d) Every employee who receives a salary of more than $7,500 per annum shall not receive overtime compensation payments, but shall receive compensatory time off equal to the number of hours of overtime work performed. (e) The phrase "overtime work", as used in this section, means work in excess of eight hours per day or 40 hours per week, whichever excess is calculated to give an employee the greater compensation. (f) The provisions of this section shall not apply to any person employed or retained by the Legislature in a professional, legal, consultative, contractual, or scientific capacity. History: Added Apr. 18, 1967, No. 1933, § 2, Sess. L. 1967, p. 129; July 7, 1967, No. 2004, § 1, Sess. L. 1967, p. 366.

(a) The President of the Legislature may grant study leave to administrative personnel and employees of the Office of the Legislature for the purpose of pursuing advanced training courses in programs within or outside the Virgin Islands. (b) Any administrative personnel or employee who is granted leave under this section shall be granted all of his monthly salary, which shall be subject to the necessary and required payroll deductions, and may be granted an allowance for tuition, books and one round trip ticket for travel from the Virgin Islands and return during the year. No such leave with pay may exceed two years in duration. History: Added Apr. 18, 1967, No. 1945, § 2, Sess. L. 1967, p. 138; amended Oct. 11, 1967, No. 2068, § 1, Sess. L. 1967, p. 485; Oct. 4, 1970, No. 2840, Sess. L. 1970, p. 333.

History: Repealed. July 24, 1984, No. 4975, § 1, Sess. L. 1984, p. 213.

History: Repealed. Apr. 18, 1967, No. 1933, § 1, Sess. L. 1967, p. 128.

(a) Central staff employees of the Legislature of the Virgin Islands who have been employed on the central staff of the Legislature for more than four (4) consecutive years shall receive automatic appointments in each Legislature and may not be dismissed unless it is for cause and they have had an opportunity to be heard in accordance with the Rules of the Legislature. (b) Raises and promotions shall be based on a recommendation of the division head, and approved in accordance with the Rules of the Legislature. (c) Central staff employees of the Legislature of the Virgin Islands for the purpose of this section do not include employees of Senator's personal staff including those paid from central staff funds, the Executive Director, Assistant Executive Director, Chief Counsel, Chief Recording Secretary, Sergeant At Arms, Supervisor of Business Affairs, Chief of Research Division, Director of Media Services, Chief of Maintenance and Construction, Post Auditor and the Parliamentarian. (d) "Dismissed for cause" under this section includes but is not limited to: (1) Engaging in a business which conflicts with his duties; (2) Unprovoked insolent or offensive conduct toward an individual visiting the offices of the Legislature; (3) Use of intoxicants or controlled substances which interferes with the proper discharge of his duties; (4) Wilfully and intentionally disobeying reasonable and lawful rules, orders and instructions of a division head; (5) Performing his work assignments in a negligent manner; (6) Continuous absences from his place of employment; (7) Incompetency or inefficiency; and (8) Engaging in conduct that is unlawful on or off the legislative grounds. History: Added Sept. 28, 1990, No. 5638, Sess. L. 1990, p. 348.

Each member of the Legislature shall receive an annual salary recommended by the Virgin Islands Public Officials Compensation Commission pursuant to 3 V.I.C. § 544 in equal biweekly installments prorated from the date the member takes office to reflect the actual portion of the year the member actually serves, however, the President of the Legislature shall receive an additional annual sum of $10,000 which shall be payable in equal biweekly installments prorated from the date the member takes office to reflect the actual portion of the year the member actually serves. For authorized travel on official business within the limits of the Virgin Islands and Puerto Rico each member of the Legislature shall receive either: (i) a sum equal to his or her air travel expenses plus a per diem allowance in lieu of subsistence expenses not to exceed $30; or (ii) a sum equal to his or her lodging expenses plus a per diem allowance in lieu of subsistence expenses not to exceed $30. History: Added Aug. 30, 1965, No. 1510, Sess. L. 1965, Pt. I, p. 464; amended Dec. 6, 1966, No. 1831, § 1, Sess. L. 1966; Feb. 9, 1967, No. 1846, Sess. L. 1967, p. 12; Apr. 1, 1973, No. 3407, § 1, Sess. L. 1973, p. 32; July 14, 1977, No. 4018, § 2, Sess. L. 1977, p. 124; June 25, 1982, No. 4723, §§ 7, 8, Sess. L. 1982, p. 109; Mar. 24, 1983, No. 4792, § 2, Sess. L. 1983, p. 20; Jan. 6, 1987, No. 5249, § 1(c), Sess. L. 1986, p. 439; Feb. 17, 1988, No. 5328, § 3, Sess. L. 1988, p. 103; Sept. 9, 1996, No. 6117, § 11, Sess. L. 1996, p. 93; Apr. 7, 2004, No. 6647, § 1, Sess. L. 2004, p. 7; Dec. 29, 2006, No. 6905, § 8(c), Sess. L. 2006, p. 351; amended June 26, 2017, No. 8002, § 4(a), Sess. L. 2017, p. 32; amended Oct. 26, 2020, No. 8384, § 2(1), (2), Sess. L. 2020, p. 203.

The Legislature may, if so provided in its Standing Rules or by resolution, grant additional compensation, benefits or allowances to the President, Vice-President, Secretary or Chairman of the Majority Conference of the Legislature. History: Added Feb. 11, 1969, No. 2410, Sess. L. 1969, p. 56.

During the regular session of the Legislature in each calendar year, the Governor may submit to the Legislature his recommendations with respect to the exact rates of pay, which he deems advisable, for the members of the Legislature, Provided, however, That the rates of pay of members of the Legislature may not be decreased under the authority of this section. All or part (as the case may be) of the recommendations of the Governor transmitted to the Legislature shall become effective at the beginning of the fifteenth day following the transmittal of such recommendations; but only to the extent that, between the date of transmittal of such recommendations and the beginning of the fifteenth day thereafter- (1) there has not been legislation passed by the Legislature which establishes rates of pay other than those proposed by all or part of such recommendations, (2) the Legislature has not passed legislation which specifically disproves all or part of such recommendations, or (3) both. History: Added Feb. 11, 1969, No. 2410, Sess. L. 1969, p. 56; amended May 17, 1979, No. 4313, § 1, Sess. L. 1979, p. 62.

The Commissioner of Finance shall recognize as the certifying officer or officers of the Senate such Senator or Senators as may be designated to certify expenditures of the Senate by a resolution adopted for that purpose. History: Added Mar. 23, 1992, No. 5780, § 2, Sess. L. 1992, p. 42.

Notwithstanding any other law to the contrary, the Legislature, in order to promote its orderly and efficient operation, may establish and maintain separate accounts for the payment of salaries, vendors and other operating expenses. History: Added June 5, 2001, No. 6411, § 1, Sess. L. 2001, p. 31.

(a) Each member shall receive a base allotment of 2% of the operating budget of the Legislative Branch for the operation of the member's senatorial office. (b) The member designated by a resolution passed by the majority as President of the Senate, in addition to the base allotment, shall receive an additional allotment not to exceed 1% of the operating budget of the Legislative Branch to perform the additional responsibilities and duties of the Office of the President. (c) Members designated as committee chairs by a resolution passed by a majority of senators, in addition to the base allotment, shall all receive an equal additional allotment not to exceed .5% of the operating budget of the Legislative Branch to perform the additional responsibilities of chairing their respective committees, except that the committee chairs of the Rules and Finance committees or their successor committees shall each receive a total allotment not to exceed 1% of the operating budget of the Legislative Branch to perform the additional responsibilities of chairing their respective committee. (d) The member elected to the at-large seat, in addition to his base allotment, and in addition to any other allotment for chairing a senate committee, shall receive an additional allotment not to exceed 5% of the operating budget of the Legislative Branch to provide for the staffing of the member's offices in both districts. In the event the member elected to the at-large senate seat also becomes designated as the President of the Senate, that member's total allotment shall be no more than 3% of the operating budget of the Legislative Branch. (e) The allotments granted under this section must be prorated from the date the member takes office on a monthly basis over the period of the allotment. History: Added Oct. 17, 2005, No. 6792, § 3, Sess. L. 2005, p. 352; amended Oct. 13, 2014, No. 7691, § 2, Sess. L. 2014, p. 328; amended June 26, 2017, No. 8002, § 4(b), Sess. L. 2017, p. 32.

There shall be two legislative districts in the Virgin Islands, one designated the District of St. Croix and one designated the District of St. Thomas-St. John. The District of St. Croix shall be comprised of St. Croix and Buck Island and adjacent islets and cays, and the District of St. Thomas-St. John shall be comprised of St. Thomas, St. John, Hassel, Water, Savanna, Inner Brass, Outer Brass, Hans Lollick, Little Hans Lollick, Great St. James, Little St. James, Capella Islands, Thatch Cay, Flanagan Islands, Grass, Mingo, Lovango, and Congo Cays, and adjacent islets and cays. History: Added May 18, 1972, No. 3221, § 1, Sess. L. 1972, p. 85.

There shall be fifteen members of the Legislature, to be known as senators. Seven (7) senators shall be elected by the qualified electors of the District of St. Croix and seven (7) senators shall be elected by the qualified electors of the District of St. Thomas-St. John. One (1) senator shall be elected at large by the qualified electors of the Virgin Islands from the Virgin Islands as a whole; provided, however, that such senator shall be a person who is a bona fide resident of St. John. History: Added May 18, 1972, No. 3221, § 1, Sess. L. 1972, p. 85.

No person is eligible to be a member of the Legislature who does not meet the requirements set forth in section 6(b) of the Revised Organic Act of the Virgin Islands. Additionally, no person is eligible to be a senator from a legislative district unless he has been a bona fide resident of the particular district for at least three consecutive years next preceding the date of his election; provided, that no person may be a candidate for the one at large seat unless he will have been a bona fide resident of St. John for at least three consecutive years next preceding the general election. History: Added May 18, 1972, No. 3221, § 1, Sess. L. 1972, p. 85.

(a) If prior to the one year immediately preceding the date of the next general election, a vacancy occurs in the office of a member of the Legislature, the Governor shall call a special election in said district, or at large, as the case may be, within thirty (30) days following the day on which the vacancy occurs. Said special election shall be held no later than sixty (60) days after the call, and the person elected shall hold office for the remainder of the unexpired term of his predecessor. (b) When the vacancy occurs within one year prior to the general election, the President of the Legislature, upon the written recommendation of the territorial committee of the political party of which the previous office holder was a candidate, shall appoint the person so recommended; Provided, however, That if the previous office holder was not a candidate of a political party as defined by law, the Legislature by a two- thirds majority of its members shall elect a person from said district, or at large, as the case may be, to fill the vacancy. History: Added Jan. 11, 1974, No. 3517, Sess. L. 1973, p. 311.

There is established the Legislative Youth Advisory Council, referred to in this section as the "Council." History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 194.

The Council shall perform the following duties: (a) Advise the Legislature on proposed and pending legislation, budget expenditures and policy matters related to youth; (b) Consult with study commissions, committees and task forces regarding issues related to youth; (c) Conduct periodic seminars for its members regarding leadership, civic, government and the Legislature; (d) Meet at least 3 times but not more than 6 times per year, including not more than 2 public hearings on issues of importance to youth in the legislative chambers, one on the island of St. Croix and one on the islands of St. Thomas. However the council may meet up to an additional 3 times in a year if the Executive Director of the Legislature determines that sufficient budgeted resources remain after paying all costs associated with the initial 6 meetings to pay any additional costs associated with any additional meetings; and (e) Report annually to the Legislature on its activities by December 1st of each year. The council may submit proposed legislation as part of its report to the Legislature to implement its recommendations. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, pp. 194, 195.

A Selection Committee (hereinafter "Committee") is hereby established to select the members of the Council. The Committee shall consist of the President of the Legislature or an appropriate designee, the Presiding Judge of the Superior Court or an appropriate designee, the Commissioner of Human Services or an appropriate designee, and two (2) members of community organizations who have been selected by unanimous vote of the President of the Legislature, the Presiding Judge of the Superior Court and the Commissioner of Human Services. The Committee shall be responsible for reviewing the qualifications of all applicants to the Council, and the selection of the Council members. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 195; amended Nov. 15, 2011, No. 7327, § 12, Sess. L. 2011, p. 304.

The Council shall examine issues of importance to youth, including, but not limited to, education, employment, entrepreneurship, strategies to increase youth participation in Government, safe environments for youth, substance abuse, emotional and physical health, foster care, poverty, homelessness and youth access to services territory-wide. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 195.

(a) The Council consists of 16 voting members who are Virgin Islands residents and appointed in accordance with this subsection. In appointing members, the appointing authorities shall consider geographic distribution. All youth and legislative appointments must be made within 180 days after the convening of each new term of the Council. (b) All appointments are for the duration of the legislative term for which the members are appointed and expire upon the appointment of new Council members by the next Legislature. (c) The appointing authorities shall select youth members from youths recommended by principals, guidance counselors or administrative heads of secondary or postsecondary school systems, representatives of equivalent instruction programs or other organizations having an interest in youth activities. (d) Members may be reappointed to subsequent terms on the Council as long as they are eligible at the time of their reappointment. (e) The Selection Committee shall appoint the following 20 members: (1) Sixteen youths who have attained 14 years of age but not older than 23 years of age, and who are enrolled in programs that lead to a secondary school diploma or certificate of attendance or a general equivalency diploma, or enrolled at a postsecondary educational institutions located in the Virgin Islands with 8 being from the St. Croix District and 8 from the St. Thomas/St. John District provided that at least one member is a resident of the island of St. John; and (2) Four members of the Legislature to serve as non-voting ex officio members. (f) Chairs. There is a legislative chair and a youth chair of the Council. The members shall elect one of their youth members to serve as the youth chair. (g) Tie or Split Vote. In the event of a tie or split vote, the non-voting ex officio members of the Legislature, excluding the legislative chair, shall serve as the tie-breaker. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, pp. 195, 196; amended Oct. 6, 2019, No. 8201, § 1, Sess. L. 2019, p. 54; amended Oct. 6, 2019, No. 8203, § 1, Sess. L. 2019, p. 57.

The Department of Education may seek the cooperation of the Council on the integration of Council experience into the learning results standards in student service and career preparation. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 196.

The Council shall set priorities and shall determine the function of subcommittees, standards of conduct, process, procedures and the use of technology to convene meetings. Council members shall review and consider the procedures and rules used by the Legislature as they may be appropriate for use as models for the Council. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 196.

The Council may provide testimony on legislation pending before the Legislature. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 197.

All members of the Legislative Youth Advisory Council serve without compensation. However, each of the 16 voting members of the Council is entitled to a per diem allowance of $75 for each day or part of a day spent in the attendance at official meetings of the Council, plus actual travel expenses when the member must travel from the island of the member's residence to attend an official meeting. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 197; amended Oct. 13, 2014, No. 7691, § 3, Sess. L. 2014, p. 328.

Meetings of the Council are public meetings and all records of the Council are public records as defined by 3 V.I.C., chapter 33. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 197.

The Legislature shall provide staff assistance to the Council from within its existing budgeted resources or from any grants received by the Legislature for that purpose. The staff assigned by the Legislature shall draft all legislation submitted to the Legislature by the Council. Legislative staffing may be curtailed during periods when the Legislature is in regular or special session. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 197.

The Legislature may seek outside funds to fund costs of the Council. Contributions to support the work of the Council may not be accepted from any party having a pecuniary or other vested interest in the outcome of the matters being studied or who would in any way compromise the work of the Council. Any person, other than a government agency, desiring to make a financial or in-kind contribution must certify to the Legislature or its designee in the manner prescribed by the Legislature that the person has no pecuniary or other vested interest in the outcome of the work of the Council. Contributions are to be deposited in a separate checking account with a local banking institution for the operation and initiatives of the Legislative Youth Advisory Council. All contributions are subject to approval by the Legislature or its designee. The Executive Director of the Legislature administers any funds received by the Council. The executive director shall notify the chairs of the Council of the status of the funding on or before October 1st annually and what funding is available for the following fiscal year. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, pp. 197, 198.

The Council shall work with the Executive Director of the Legislature to develop a budget for the Council. The budget must be submitted to the Executive Director of the Legislature within 90 days of the beginning of each new term of the Council. The Legislature shall pay reasonable expenses of members who are Legislators to attend authorized meetings of the Council. All other expenses must be paid for from the Council's budget. The Council may not incur any expense that would cause the Council to exceed its budgeted resources. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 198; amended Oct. 6, 2019, No. 8203, § 2, Sess. L. 2019, p. 57.

No public or private entity may solicit or receive funds from any source on behalf of or for the benefit of the Council without prior written approval of the Legislature or its executive director. All such funds, if approved and when received by the requesting entity, must be immediately transferred in full to the Legislature and reserved by the Legislature for use by the council. History: Added Oct. 7, 2011, No. 7303, § 1, Sess. L. 2011, p. 198.

There is hereby established within the Office of the Legislature the position of Legislative Post Auditor, hereinafter referred to as the "Post Auditor". The Post Auditor shall be appointed in the same manner as other employees of the Legislature. The Post Auditor shall be a person of extensive experience and recognized qualification in the field of governmental fiscal procedures and accounting. The Post Auditor shall receive such compensation as is determined by the Legislature, according to its rules, except that his compensation may be increased but not diminished during his tenure in the position. History: Added Jan. 16, 1975, No. 3661, Sess. L. 1974, p. 292.

There is hereby established the Division of Post Audit within the legislative branch of the government, which Division shall be attached to the Legislative Standing Committee on Finance. The Division of Post Audit shall be under the direct supervision of the Post Auditor in accordance with policies adopted by the Legislative Standing Committee on Finance. Employees in the Division of Post Audit shall receive such compensation as provided by the Legislature according to its rules. History: Added Jan. 16, 1975, No. 3661, Sess. L. 1974, p. 292.

(a) The Post Auditor shall audit the financial affairs and transactions of every department or agency of the executive, legislative and judicial branches of government at least once each year and more often if so directed by the Legislative Standing Committee on Finance. Such annual audit shall be conducted according to accepted auditing principles. The Post Auditor shall make a full, complete and written report of each annual audit and of such other audits as may be directed by the Legislative Standing Committee on Finance. Books and accounts of the Department of Finance and the Director of the Office of Management and Budget may be examined monthly if such Committee so determines, and such examination may include detailed checking of every transaction or test checking. (b) The Post Auditor, under supervision of the Legislative Standing Committee on Finance, shall determine whether all requirements of law with respect to the installation and use of accounting systems, books, records, forms, rules and regulations are being complied with by each governmental department or agency. (c) A copy of the annual report of each governmental department or agency shall be furnished by the Post Auditor to the Legislative Standing Committee on Finance. All written reports of the Post Auditor shall be furnished only in accordance with the directions of the Legislative Standing Committee on Finance. (d) The Post Auditor shall report immediately in writing to the Legislative Standing Committee on Finance, Governor and Attorney General any apparent violation of penal statutes or any instances of misfeasance, malfeasance or nonfeasance by a governmental officer or employee disclosed by the audit of any governmental department or agency. The Post Auditor shall furnish the Attorney General all information in his possession relative to any report referred to the Attorney General. The Attorney General shall institute and prosecute civil proceedings against any such delinquent officer or employee or upon his official bond, or both, as may be needed to recover for the Territory any funds or other assets misappropriated. (e) The Post Auditor, in the discharge of his duties under this chapter, may require government departments and agencies to preserve and make available their accounts, records, documents, vouchers, requisitions, payrolls, cancelled checks or vouchers and coupons, and other evidence of financial transactions. (f) All departments, agencies and establishments of the Government of the United States Virgin Islands shall provide such information as shall be required pursuant to subsection (e) of this section immediately on the demand of the Post Auditor, or any of his assistants or employees when duly authorized by him, or within a reasonable time after the demand as determined by the Post Auditor. Notwithstanding any other provision of law, any person who willfully fails to comply with the provisions of this subsection shall be fined not to exceed $500. History: Added Jan. 16, 1975, No. 3661, Sess. L. 1974, p. 292; amended June 9, 1977, No. 3991, Sess. L. 1977, p. 98.

The annual written audit report of each governmental department or agency shall show the following: (a) Whether all funds of said departments or agencies have been expended for the purposes authorized in the appropriation acts of the Legislature therefor; (b) Whether all receipts of said departments or agencies have been accounted for and paid into the general fund of the treasury or any special fund or account; (c) Such other data, information and recommendations as the Post Auditor may deem should be included in accordance with directions and supervision of the Legislative Standing Committee on Finance. History: Added Jan. 16, 1975, No. 3661, Sess. L. 1974, p. 293.

Audits, in addition to the annual written audit of each government department or agency, shall be performed by the Post Auditor only on the direction of the Legislative Standing Committee on Finance. The Legislative Standing Committee on Finance may direct the Post Auditor to perform additional audits of the type described in section 204 of this chapter, or may direct that any additional audit of a department or agency shall be performed to accomplish other objectives than those specified in section 204, such as is provided and contemplated by section 206 of this chapter. The Legislative Standing Committee on Finance may direct that any such additional audits shall be performed to determine: (a) Whether any government department or agency is carrying out only those activities or programs authorized by the Legislature; or (b) Whether the programs and activities of a government department or agency, or a particular program or activity, is being efficiently and effectively operated; or (c) Whether any new activity or program is being efficiently and effectively implemented in accordance with the intent of the Legislature; or (d) Whether there is a need for change in any authorized activity or program of a government department or agency; or (e) Whether any reorganization of a government department or agency is needed or justified to accomplish the results of programs or activities authorized by the Legislature; or (f) Any combination of the purposes specified in this or any other section of this chapter. History: Added Jan. 16, 1975, No. 3661, Sess. L. 1974, p. 293.

In addition to other audits which the Legislative Standing Committee on Finance may direct, such Committee may direct the audit of any governmental department or agency when so requested in writing by any member or committee of the Legislature. Any such written request shall specify the desired object of the audit requested and the reasons therefor. In directing the Post Auditor to make any such requested additional audit of a governmental department or agency, the Legislative Standing Committee on Finance may modify the object and direct the details of the audit to be performed. History: Added Jan. 16, 1975, No. 3661, Sess. L. 1974, p. 294.

(a) In relation to any audit of a governmental department or agency under authority of this chapter, the Legislative Standing Committee on Finance shall have all of the investigatory powers conferred upon committees of the Legislature pursuant to chapter 1 of this title. (b) In investigating any financial matter of the Government of the Virgin Islands, the Post Auditor of the Legislature shall be given access to any banking institution or any financial institution holding Government Funds by the Commissioner of the Department of Finance who will provide the Post Auditor with access codes to access the required information from any banking institution or financial institution. (c) The Post Auditor must generate a report of the Territory's financial condition within thirty (30) days of receipt of the information which must be submitted to the Chairman of the Committee on Finance of the Legislature who shall, within ten (10) days after receipt thereof, copy all Senators and the Commissioner of Finance. History: Added Jan. 16, 1975, No. 3661, Sess. L. 1974, p. 294; amended Oct. 27, 2011, No. 7307, § 16(b)., Sess. L. 2011, p. 220.

The Post Auditor shall be responsible for the preparation of written statements regarding availability of funds accompanying appropriation bills reported out of the Legislative Standing Committee on Finance which statements are required by the Rules of the Legislature. History: Added Jan. 16, 1975, No. 3661, Sess. L. 1974, p. 295.

(a) There is established within the Legislature of the Virgin Islands the Office of the Code Reviser whose head is the Code Revisor who is appointed in the same manner as other legislative employees. The Office of the Code Revisor is strictly impartial and non-partisan. (b) The President of the Legislature shall appoint the Code Revisor on the basis of education, training and extensive knowledge and experience in the legislative process and statutory drafting, construction and jurisprudence. The Code Revisor must be a member of the Virgin Islands Bar. (c) The Code Revisor receives the compensation as is determined by the Legislature. (d) The Code Revisor shall appoint assistants and employees of the Office of Code Revisor as are authorized by the President of the Legislature. History: Added Dec. 29, 2006, No. 6902, § 1, Sess. L. 2006, p. 320.

In order that the laws of the Virgin Islands, as set out in the Virgin Islands Code Annotated, may be made and kept as simple, as clear, as concise and as complete as possible, and in order that the amount of construction and interpretation of the statutes required of the courts may be reduced to a minimum, the Office of the Code Revisor shall establish and maintain a system of continuous statute research and correction. To that end the Office of the Code Revisor shall: (a) Make a systematic study of the statutes of the Virgin Islands, as set out in the Virgin Islands Code Annotated for the purpose of ascertaining that ambiguities, conflicts, duplications and other imperfections of form and expression exist therein and the ways in which these defects may be corrected; (b) Receive, consider and prepare comments and recommendations on proposed changes in the law as recommended by the American Law Institute, the National Conference of Commissioners on Uniform State Laws, the Virgin Islands Commission on Uniform State Laws, bar associations, judges, lawyers, public officials, or other learned bodies or qualified individuals; (c) Prepare for submission to the Legislature bills to correct obvious errors, eliminate inconsistencies, eliminate duplications and laws repealed directly or by implication, eliminate surplus words and modernize language to correspond to modern drafting style, correct defective section structure in the arrangement of the subject matter of existing statutes, correct faulty internal references and clarify existing laws; (d) Develop for adoption by the Legislature a uniform system of punctuation, capitalization, numbering and wording; (e) Make revisions to the statutes in a manner that preserves the intent, effect and the meaning of the statutes revised and makes no substantive changes; (f) Prepare revisions that ensure that the statutory language does not discriminate on the basis of sex, and to the maximum extent feasible, prepare revisions that use gender-neutral nouns and pronouns; (g) Identify for repeal by the Legislature provisions that have no legal effect and language that the courts have held to be unconstitutional; (h) (1) At the close of each regular session of the Legislature, cause to be prepared and published, under contract with a qualified law book publisher, cumulative pocket supplements to each volume of the Virgin Islands Code. (A) The sVirgin Islands Codetain all amendments to the Virgin Islands Code and all other laVirgin Islands Code permanent nature, the general and permanent laws to be keyed in the supplements to the arrangement in the Code, including any such amendments and laws enacted at any special session of the Legislature. (B) The supplements must also contain amendment notes and additional annotations based upon pertinent court decisions, must note the sections of the Code that are repealed by subsequent legislation, and must generally bring the Code up to date. (2) Cause to be prepared and published periodically, under contract with a qualified law book publisher, substitute volumes of the Virgin Islands Code, whenevVirgin Islands Codes judgment, the increase in the size of any pocket supplement due to the accumulation and mass of the laws and annotations makes further publication of the pocket supplement impracticable. (3) Negotiate for and purchase, from time to time, various reprint pamphlets from the Virgin IslandsVirgin Islands Code, indexed and printed in a manner and in quantities as it directs, whenever the Revisor receives requests for them from the Governor of the Virgin Islands, or from any department head or other official of the Government of the Virgin Islands which have been approved by the Governor and submitted according to law and regulations. (4) Annually cause to be printed and published, under contract with a qualified law publisher, all current session laws of the Legislature of the Virgin Islands. The laws must be printed in slip form as soon as possible after approval thereof by the Governor or after they become law without his approval, and, published in annual Session Laws volumes, with suitable tables and index, as soon as possible after the close of each Regular Session of the Legislature. (5) Determine within the limits of appropriations, the quantities of slip laws and volumes to be printed and published. (i) Enter into arrangements with other jurisdictions for the exchange of government publications on such terms as may be most advantageous to the Government of the Virgin Islands, and for this purpose is authorized to enter into a contract with any qualified contractor that can provide such exchange services; and (j) Do all things necessary to fulfill the purposes of this chapter. History: Added Dec. 29, 2006, No. 6902, § 1, Sess. L. 2006, pp. 320-322; amended Apr. 16, 2007, No. 6917, § 3(a), Sess. L. 2007, p. 14.

The purpose of this chapter is to require, as a matter of law, that: (1) the budget of the Government of the Virgin Islands be balanced each fiscal year; (2) appropriations in each fiscal year not exceed the verifiable revenues received; (3) annual deficits be eliminated that will prevent the accumulation of debt; and (4) the Government should be current in the payment of its obligations to employees and vendors. Appropriations for all other funds shall not exceed the certified average of the prior two fiscal years' revenues, except to the extent there exists unobligated balance(s) from prior years available for appropriation. History: Added Aug. 23, 1999, No. 6289, § 2(b), Sess. L. 1999, p. 68.

As used in this chapter, unless the context clearly requires otherwise: (1) "Appropriations" means an amount authorized by law to be paid in a fiscal year from the monies of the Government of the Virgin Islands for a specific purpose. (2) "Budget" means the total appropriations of the Government of the Virgin Islands in any fiscal year, including amounts for independent instrumentalities, the University of the Virgin Islands, and any other entity receiving monies as an act of appropriation. (3) "Debt" means the total accumulated unpaid obligations that are due and payable including unpaid income tax refunds, amounts owned to vendors, and current year unpaid debt service obligations, if any. It shall not include that portion of principal or interest on bonds that is not yet due and payable. (4) "Deficit" means the difference between total revenues and total expenditures, if expenditures are larger in any fiscal year. (5) "General Fund" means the principal fund of the Government, financing the three branches of Government, the Virgin Islands Election System, the University of the Virgin Islands, and other such entities as may be deemed appropriate. (6) "Revenues" or "Verifiable receipts" means funds actually received by the Government of the Virgin Islands and attested to by an independent certified Public Accountant. History: Added Aug. 23, 1999, No. 6289, § 2(b), Sess. L. 1999, p. 68.

Prior to each fiscal year, and before enactment of the budget of the Government of the Virgin Islands, the Legislature shall adopt, by law, a statement of the average of the prior two years "Revenues" or "Verifiable receipts" which has been certified by the Governor, shall be the total appropriations permitted in the upcoming fiscal year budget. During any fiscal year that "Revenues" or "Verifiable receipts" shall exceed the budget appropriations by ten percent (10%) or more, the Legislature may enact a supplemental appropriations for an amount not to exceed twenty percent (20%) of the excess and the remaining eighty percent (80%) shall be applied to any deficit(s) that may exist and if no deficit exists it shall remain as a surplus to the end of the fiscal year. History: Added Aug. 23, 1999, No. 6289, § 2(b), Sess. L. 1999, p. 68.

Together with the submission of the program and financial plan required by the Executive Budget Act, contained in Title 2, chapter 2, section 24, Virgin Islands Code, the Governor shall submit to the Legislature his certified statement of the average of the prior two years actual "Revenues" or "Verifiable receipts" and his recommended appropriations for the upcoming fiscal year budget. History: Added Aug. 23, 1999, No. 6289, § 2(b), Sess. L. 1999, p. 68.

The provisions of this chapter may be waived by a two-thirds vote of the Legislature whenever the Legislature finds that an emergency exists, natural or otherwise. History: Added Aug. 23, 1999, No. 6289, § 2(b), Sess. L. 1999, p. 68.

(a) The amount of debt of the Government of the Virgin Islands existing on October 1, 2000 shall be the debt limit of the Government of the Virgin Islands, exclusive of bond principal and interest that may become due. The debt limit shall not include bonds authorized by law for which a specific source of revenue is identified and committed to retiring those bonds. (b) This section shall be effective for the fiscal year commencing on October 1, 2001 and for each fiscal year thereafter. (c) The provisions of subsection (a) of this section may be suspended by the governor during times of emergency. History: Added Aug. 23, 1999, No. 6289, § 2(b), Sess. L. 1999, p. 68; amended Aug. 7, 2001, No. 6427, § 7, Sess. L. 2001, p. 146.