USVI Public Records

(a) The Governor shall receive a salary of $150,000 per annum, payable in equal bi-weekly installments. (b) The Governor may appoint such personal assistants and provide from the funds appropriated to his office such compensation for the same as he deems appropriate. History: Added Oct. 3, 1968, No. 2330, § 1, Sess. L. 1968, Pt. II, p. 323; amended Jan. 13, 1975, No. 3660, § 2, Sess. L. 1974, p. 291; Apr. 26, 1979, No. 4278, § 7, Sess. L. 1979, p. 29; Oct. 11, 1979, No. 4367, § 4(c), Sess. L. 1979, p. 211; Jan. 6, 1987, No. 5249, § 1(a), Sess. L. 1986, p. 439; Mar. 16, 1987, No. 5250, § 3, Sess. L. 1987, p. 4; Jan. 3, 1991, No. 5690, § 3(a), Sess. L. 1990, p. 505; Dec. 29, 2006, No. 6905, § 8(a), Sess. L. 2006, p. 351.

History: Repealed. June 24, 1987, No. 5265, § 303(b), Sess. L. 1987, p. 42.

(a) There is established in the Office of the Governor the Office of Management and Budget. There shall be in the Office of Management and Budget a Director and a Deputy Director. The Director shall be appointed by the Governor with the advice and consent of the Legislature and shall administer the Office of Management and Budget. The Deputy Director shall perform such duties as the Director may designate and during a vacancy in the Office of the Director he shall act as Director. Pursuant to such rules and regulations as the Governor may prescribe, the Office shall prepare the Executive Budget Proposal and any proposed supplemental or deficiency appropriations and to this end shall have authority to assemble, correlate, revise, reduce or increase the requests for appropriations of the departments, agencies and commissions. (b) The Director, under such rules and regulations as the Governor may prescribe, shall appoint attorneys and other employees and shall make expenditures for printing, binding, telephone service, law books, books of reference, periodicals, stationery, furniture, office equipment, other supplies, and necessary expenses of the Office, within the appropriations made therefor. (c) The Office of Management and Budget, when directed by the Governor, shall make a detailed study of the departments, agencies and commissions of the Government of the United States Virgin Islands for the purposes of enabling the Governor to determine what changes (with a view of securing greater economy and efficiency in the conduct of the public service) should be made in (1) the existing organization, activities, and methods of business of such departments, agencies and commissions, (2) the appropriations therefor, (3) the assignment of particular activities to particular services, or (4) the regrouping of services. The results of such study shall be embodied in a report to the Governor, who shall transmit to the Legislature such report or any part thereof with his recommendations on the matters covered. (d) The Governor, through the Director of the Office of Management and Budget, is authorized and directed to evaluate and develop improved plans for the organization, coordination and management of the executive branch of the Government with a view to efficient and economical service. (e) The Governor, through the Director of the Office of Management and Budget, is authorized and directed to develop programs and to issue regulations and orders for the improved gathering, compiling, analyzing, publishing and disseminating of statistical information for any purpose by the various agencies in the executive branch of the Government. Such regulations and orders shall be adhered to by such agencies. (f) The head of each executive department, agency and commission shall, in consultation with the Director of the Office of Management and Budget, take whatever action may be necessary to achieve, insofar as is possible, (1) consistency in accounting and budget classifications and organizational structure, and (2) support of the budget justifications by information such as performance and program costs by organizational units. (g) The Office of Management and Budget shall, at the request of the Legislature's Committee on Finance, furnish the Committee such aid and information as it may request. (h) Under such regulations as the Governor may prescribe: (1) Every department, agency and commission shall furnish to the Office of Management and Budget such information as the Office may from time to time require, and (2) The Director and the Deputy Director, or any employee of the Office when duly authorized, shall, for the purpose of securing such information, have access to, and the right to examine, any books, documents, papers or records of any such department, agency or commission. (i) The head of each department, agency and commission shall prepare or cause to be prepared in each fiscal year his requests for regular, supplemental or deficiency appropriations. (j) The head of each department, agency and commission shall submit his requests for appropriations to the Office of Management and Budget on or before a date which the Governor shall determine. In case of his failure to do so, the Governor shall cause such requests to be prepared as are necessary to enable him to include such requests with the Executive Budget Proposal with respect to the work of such department, agency, and commission. (k) (1) Requests for regular, supplemental or deficiency appropriations which are submitted to the Office of Management and Budget by the head of any department, agency or commission shall be prepared and submitted as the Governor may determine in accordance with the provisions of section 9(c) of the Revised Organic Act of 1954. (2) The requests of the departments, agencies and commissions for appropriations shall, in such manner and at such times as may be determined by the Governor, be delivered from cost-based budgets. (3) For purposes of administration and operation, such cost-based budgets shall be used by all departments, agencies and commissions and their subordinate units. Administrative subdivisions of appropriations or funds shall be made on the basis of such cost-based budgets. History: Added May 6, 1960, No. 546, § 1, Sess. L. 1960, p. 51; amended May 12, 1981, No. 4546, § 1, Sess. L. 1981, p. 43; June 24, 1987, No. 5265, § 1202(a), Sess. L. 1987, p. 90.

The Director of the Office of Management and Budget of the Government of the United States Virgin Islands shall receive a salary as determined by law. History: Added Apr. 1, 1964, No. 1159, § 1, Sess. L. 1964, p. 147; amended Oct. 11, 1979, No. 4367, § 4(d), Sess. L. 1979, p. 211.

(a) The Bureau of Economic Research, previously placed under the Office of Management and Budget by Act 8121, is transferred and re-established within the Office of the Governor. The Bureau of Economic Research is administered by a Director appointed by the Governor. (b) The Bureau of Economic Research shall: (1) Produce routine statistical reports on the socioeconomic indicators and the economy of the Virgin Islands and conduct activities related to formulation of Territory's Gross Domestic Product or Gross Territorial Product; (2) Provide data for Government agencies to use for operational planning, federal grant applications, bond issues, database development, impact analysis, and forecasting; (3) Provide assistance in the areas of economic development planning, financing, special project and information management; (4) Serve as liaison to the U.S. Department of Commerce Bureau of Economic Analysis; (5) Serve as the Territory's lead entity for collaborating with the United States Census Bureau in the conduct of the Virgin Islands Economic Census, and the Economic Development Administration in its efforts to foster economic development; (6) Produce an annual report to the Governor and the Legislature outlining the status of the economy in the Virgin Islands with regards to economic health, activity, and trends; and (7) Perform such other duties as may be assigned by and as may be required by law. (c) Subject to any conditions and limitations prescribed by law, the Bureau of Economic Research shall have the right of access for statistical purposes to administrative records held by public authorities. (d) The Bureau of Economic Research shall treat all individual information relating to individual persons as strictly confidential and shall use the information solely for statistical purposes. (e) The Bureau of Economic Research shall treat all specifically identified business entities' economic data as strictly confidential and shall use the information solely for statistical purposes. History: Added Jan. 21, 2021, No. 8424, § 3, Sess. L. 2020, p. 314.

(a) The Personnel Division, heretofore established within the Office of the Government Secretary, is transferred to and continued within the Office of the Governor. (b) At the head of the Personnel Division there shall be a Director of Personnel who should perform such functions as prescribed by law and by the Governor. The Director of Personnel shall be appointed in accordance with Title 3, section 452(a), Virgin Islands Code. History: Added Feb. 27, 1962, No. 819, § 1, Sess. L. 1962, p. 50; amended Nov. 23, 1999, No. 6333, § 7(b), Sess. L. 1999, p. 18.

Continuation (a) The Government Employees Service Commission, heretofore established within the Office of the Lieutenant Governor, is transferred to and continued within the Office of the Governor. Composition; appointment and qualifications of members (b) The Commission shall be composed of nine members. Five members shall be appointed by the Governor with the advice and consent of the Legislature, two of whom shall be citizens residing in St. Thomas, one shall be a citizen residing in St. John and two shall be citizens residing in St. Croix. Two members shall be employees of the Government of the Virgin Islands, one each from the District of St. Thomas/St. John and the District of St. Croix, who shall be democratically chosen by the other government employees in a manner determined by the Director of Personnel. The remaining two members shall be retirees of the Government of the Virgin Islands, one each from the District of St. Thomas/St. John and the District of St. Croix, who shall be elected by the other retired government employees in a manner determined by the Director of Personnel. Terms of members; vacancies (c) All members shall serve for a period of two years except that any person appointed or elected to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed or elected shall serve only for the remainder of such term. If a vacancy occurs in an elected position with six or more months remaining in the term, an election shall be held to fill the vacancy; if fewer than six months remain when the vacancy occurs, the Governor shall appoint a government employee for the remainder of the term, with the advice and consent of the Legislature. A vacancy shall occur in an elected position if the member ceases to be an employee of the Government of the Virgin Islands. Each member shall serve until the appointment or election of his successor. Chairman (d) The Commission shall elect annually one of its members to serve as its Chairman. Compensation (e) Each member shall receive $50 for each day or part thereof spent in attending meetings of the Commission, and in connection therewith shall receive necessary travel expenses. Removal of members (f) The members may be removed by the Governor for cause. Powers and Duties (g) The Commission may promulgate such rules and regulations in accordance with the provisions of chapter 35 of this title as are necessary to the proper performance of its duties, and shall have such other powers, duties and authority as are prescribed by law. History: Added Feb. 27, 1962, No. 819, § 2, Sess. L. 1962, p. 50; amended Mar. 14, 1973, No. 3429, § 1, Sess. L. 1973, p. 82; June 1, 1984, No. 4946, Sess. L. 1984, p. 147; Mar. 28, 1990, No. 5525, § 1, Sess. L. 1990, p. 71; Sept. 28, 1990, No. 5636, § 1(a)(1), Sess. L. 1990, p. 345; amended Dec. 14, 2012, No. 7458, § 7(a), Sess. L. 2012, p. 415.

For the purposes of promoting effective management of the Government Employees Service Commission and the faithful execution of the laws of the Virgin Islands, the Governor of the Virgin Islands shall act expeditiously to submit to the Legislature the appointments of members to fill vacancies in the membership of the said Commission resulting from expiration of term or other cause. History: June 7, 1961, No. 706, § 1, Sess. L. 1961, p. 55.

(a) There is established in the Office of the Governor the Virgin Islands Energy Office. The Office is headed by a Director appointed by the Governor. The Director shall perform such duties as may be assigned by the Governor. (b) The Virgin Islands Energy Office is designated the "state agency" for the planning, oversight and coordination of energy programs mandated by federal law including, but not limited to, the 1975 Energy Policy and Conservation Act (42 U.S.C. §6201 et seq.), the 1976 Energy Conservation of Production Act (42 U.S.C. §6801, et seq.), the National Energy Conservation Policy Act of 1978 (42 U.S.C. §8201 et seq.), and any subsequent federal law. The Governor shall conform the Office, as necessary, to qualify the Virgin Islands for receipt of federal energy funds. (c) The Office shall administer Virgin Islands energy programs as may be, provided by law; and shall identify federal or other grant opportunities for territorial energy programs. (d) No federal funds for energy programs deposited in the Virgin Islands Energy Office Account may be expended without enactment of an appropriation act. History: Added Apr. 20, 2008, No. 6978, § 2, Sess. L. 2007, p. 214.

(a) The Office of Veterans Affairs and all personnel, files, equipment and appropriations relating to same, as heretofore established within the Department of Labor, are transferred to and established within the Office of the Governor. For the purpose of this section, "veteran" means any person honorably discharged from the United States Air Force, Army, Coast Guard, Marine Corps or Navy. (b) The Office of Veterans Affairs shall: (1) investigate and compile data concerning veterans residing within the United States Virgin Islands, and all activities relating thereto, and recommend to the Governor legislation concerning veterans and their activities, for submission to the Legislature; (2) cooperate with all departments and agencies of the United States Government and the Government of the Virgin Islands in the interest of veterans' welfare, housing and other benefits; (3) aid in filing and prosecuting all claims of veterans of this Territory, and their dependents, under federal or territorial laws; (4) aid in the employment or re-employment of all veterans; (5) aid in securing hospitalization for any veteran requiring medical care which may be provided by a federal or territorial medical or surgical facility specifically provided for veterans, or any other public hospital; (6) cooperate with, or advise, the Commissioner of Education with respect to the establishment of vocational courses as may be required by veterans for either day or evening instruction, or both; (7) aid in the rehabilitation of the injured, wounded or compensable veterans, or other veterans, in educational or vocational training instruction to which they may be eligible by law; (8) assist in the coordination of activities of other departments administering laws affecting veterans or their dependents; (9) investigate, compile and maintain complete and accurate data concerning veterans and all territorial activities relating thereto; (10) compile a record of the burial places within the United States Virgin Islands of deceased servicemen and servicewomen, including their rank, division and length of service, name and location of cemetery, and location of their graves therein, and such other information as may be desirable; (11) inscribe on the memorials located at the Franklin Delano Roosevelt Virgin Islands Veterans' Memorial Park on St. Thomas and the Verne I. Richards Veterans Memorial Park on St. Croix, the names of deceased military personnel who died while on active duty. (12) maintain an information center and disseminate regularly to chapters and posts of veterans' organizations such information as it determines, and transmit to the public press and other media of public information such information relative to veterans as should be of public interest; (13) perform such other duties in connection with veterans which may be referred to it, and serve as a clearinghouse for all veterans' service-connected problems; and (14) in cooperation with the Commissioner of Finance, administer the provisions of the Veterans Transportation Fund established by the provisions of Title 33, section 3038 of this Code. History: Added June 24, 1987, No. 5265, § 1203(a), Sess. L. 1987, p. 93; amended Jan. 21, 2016, No. 7811, § 1, Sess. L. 2015, p. 213.

(a) The Government of the Virgin Islands shall pay $5,000 to a funeral home or a mortuary business that prepares the body of a veteran of the United States Armed Forces for burial, interment, or renders other services connected with the death upon the funeral home or mortuary business submittal of a certified copy of the death certificate and an invoice for services performed to the Office of Veterans Affairs. (b) The Director of the Office of Veterans Affairs shall develop the procedures for the implementation of the direct payment to the mortuary business or funeral home. (c) The benefits provided by subsection (a) of this section shall be provided for the burial of only those veterans who were domiciliaries of the Virgin Islands at the time of death, and who entered the armed services in the Virgin Islands or who were domiciliaries of the Virgin Islands but entered the armed services in another jurisdiction while temporarily residing in that jurisdiction. Burial in all Virgin Islands cemeteries, with spaces set aside for veterans, shall be made available to all members of the Armed Forces and veterans discharged under conditions other than dishonorable who completed the required periods of service, as well as their spouses, minor children, and under certain conditions, unmarried adult children. Also eligible are members of the Army, Air Force, Navy, Marine and Coast Guard Reserves and the Army and Air Force National Guard with 20 years of qualifying service or who die while on active duty for training, active duty, or territorial active duty, as well as members of the Reserve Officer Training Corps of the Army, Navy or Air Force who die on active duty for training. If a surviving spouse of an eligible veteran marries a nonveteran, and the remarriage is terminated by death of or divorce from the nonveteran, the spouse is eligible for burial in the designated burial site set aside for veterans. Only veterans who were bona fide residents of the Virgin Islands at the time they were either drafted or enlisted, whether residing in the Territory or attending college, are eligible for burial in the burial site set aside for veterans. (d) There is hereby authorized to be appropriated to the Veterans Emergency and Mainland Transportation and Burial Expenses Account such sums as may be necessary to carry out the provisions of this section. History: Added Mar. 19, 1984, No. 4909, § 1, Sess. L. 1984, p. 74; amended June 24, 1987, No. 5265, § 1203(c), Sess. L. 1987, p. 94; June 2, 1992, No. 5790, § 1, Sess. L. 1992, p. 93; Aug. 22, 1995, No. 6075, §§ 1, 3, Sess. L. 1995, p. 196; June 8, 1998, No. 6237, § 1, Sess. L. 1998, p. 357; Oct. 12, 2005, No. 6783, § 3, Sess. L. 2005, p. 296; May 19, 2006, No. 6839, § 27, Sess. L. 2006, p. 79; amended Oct. 5, 2018, No. 8087, § 1, Sess. L. 2018, p. 193; amended Aug. 9, 2024, No. 8861, § 5(a), p. 106-107, Sess. L. 2024, p. -; amended June 13, 2025, No. 8991, § 8, Sess. L. 2025, p. -.

(a) Established. There is hereby created a Virgin Islands Memorial Cemetery. (b) Supervision by the Office of Veterans Affairs; powers and duties. The establishment, operation and maintenance of the Virgin Islands Veterans Memorial Cemetery shall be under the supervision of the Office of Veterans Affairs which shall have the following powers and duties: (1) Select an appropriate site for the Cemetery, pursuant to subsection (c) of this section; (2) Acquire, by transfer of title from another government agency, or by purchase, grant, devise or contract, title to such real property as shall be suitable and necessary for the establishment of the Cemetery; (3) Apply for, receive, accept and expend any money, materials or other aid granted or otherwise provided by local or federal governments or by any source, public or private, in accordance with the terms thereof, for the establishment, operation or maintenance of the Cemetery; (4) Appoint and employ such persons as shall be needed for the proper operation and maintenance of the Cemetery; (5) Establish criteria for eligibility for burial in the Cemetery, and set fees for the burial of immediate family members, pursuant to subsection (d) of this section, provided that there shall be no fee charged for any plot and the interment provided to any eligible veteran or member of the armed forces; (6) Promulgate rules and regulations, following public hearing, governing the administration and operation of the Cemetery; (7) Prepare an annual report on the operation of the Cemetery which must be presented to the Governor and to the Legislature; and (8) Perform all other powers and functions necessary or appropriate to carry out the purposes and policies of this chapter. (c) Selection of site. The site of the Cemetery shall be determined by the Office of Veterans Affairs with the approval of the Legislature. The site must be convenient to all veterans of the territory and must meet the necessary standards and guidelines established by the United States Administrator of Veterans Affairs for the location of "state-owned" veterans cemeteries. In selecting the site, preference must be given to land which is owned by the U.S. Government then the Territory. Land for the site may be acquired by purchase only in the event suitable U.S. Government or Territory-owned land is not available. (d) Eligibility for burial. The following persons shall be eligible for burial in the Cemetery: (1) Any veteran or member of the armed forces of the United States who: (A) Dies under honorable conditions while serving on active duty in armed force of the United States; or (B) Served as an active member of the armed forces of the United States whose service was terminated honorably; and is a resident of the U.S. Virgin Islands at the time of death or had previously been a resident of the U.S. Virgin Islands for at least 10 years or was a member of the Virgin Islands National Guard or a Reserve unit located within the Virgin Islands for at least 20 years; provided, the rules promulgated by the Office of Veterans Affairs shall make provision for waiving the 10-year residency requirement for compelling reasons. (2) Any member of the immediate family of a veteran or armed forces member who qualifies for burial, subject to such fees as may be established by the Office of Veterans Affairs. The Office of Veterans Affairs shall, by rule, specify members of the immediate family who shall be eligible for burial in the Cemetery; (3) Persons who served honorably as a member of the National Guard or Reserve Forces of the United States, who at the time of death was entitled to retirement pay under 10 U.S.C., Chapter10 U.S.C., Chapter 67e been entitled to retirement pay under that chapter but for the fact that the person was under 60 years of age; and provided that the Virgin Islands residency or National Guard or Reserve service requirements of subsection (d)(1)(B) of this section are met; (4) Merchant Marines who served between December 7, 1941 and August 15, 1945 for a minimum period of 2 years and were honorably discharged or relieved from active duty. The minimum period of 2 years of active duty may be waived if: (A) Earlier release was granted because the individual was wounded or injured in the line of duty and rendered unfit for further service; or (B) the individual was released prior to 2 years of active duty for the convenience of the government; (5) Burial in the Virgin Islands Veterans Memorial Cemetery shall be without regard to race, creed, color, sex or national origin. (e) Re-interment. The bodies of eligible persons previously buried in other locations may be reinterred in the Cemetery upon the request of anyone legally entitled to make such request; provided, that no cost shall be borne by the Territory other than that which would be incurred in an original burial. History: Added Nov. 25, 2009, No. 7135, § 1, Sess. L. 2009, pp. 266-268.

There is established within the Office of the Governor the Virgin Islands Fire and Emergency Medical Services (VIFEMS) to be headed by a Director who shall be appointed by the Governor with the advice and consent of the Legislature. The duties and responsibilities of the VIFEMS shall be those set forth in chapter 7, Title 23 of this Code. History: Added Sept. 11, 1978, No. 4206, § 1, Sess. L. 1978, p. 230; amended Apr. 26, 1979, No. 4278, § 5, Sess. L. 1979, p. 29; amended Apr. 8, 2022, No. 8545, § 1, Sess. L. 2022, p. 62.

(a) There is established within the Office of the Governor, a Commission on Caribbean Cooperation (hereinafter, referred to as the "Commission"). The Commission shall be composed of ten members, broadly representative of government, business, labor and youth to be appointed as follows: (1) Five members appointed by the Governor and four members appointed by the President of the Legislature for terms of two years; provided, that of the members appointed by the Governor and President of the Legislature, one shall be below the age of 21; (2) The Legislature's Secretary for Inter-governmental Relations and Territorial Affairs shall serve as an ex-officio member; (3) The Governor and President of the Legislature shall be ex-officio, honorary, non-voting members of the Commission. The Commission shall elect its Chairman and other officers. Members shall not be removed until expiration of their terms, except for misconduct in office; (4) Members of the Commission shall serve without compensation for such service, but they shall be paid their necessary expenses in carrying out their obligations under this Act; provided, however, that no member shall receive more than fifty ($50.00) dollars per day nor more than one thousand ($1000.00) dollars per year, exclusive of transportation expenses. (b) The Commission may incur such expenses, including the employment of personnel, as may be necessary for the proper performance of its duties, in accordance with appropriations by the Legislature. (c) The Commission shall: (1) Collect and disseminate official information on social and economic progress and development in the various countries and territories of the Caribbean; (2) Encourage and assist governmental and non-governmental officials and agencies to develop and maintain friendly contact by correspondence, conference and otherwise with their counterparts in the various countries and territories of the Caribbean; (3) Keep the Governor and Legislature informed of developments and programs in the areas of health, education, conservation, recreation, commerce, tourism, labor, youth development and other social and economic matters undertaken by various governments of the Caribbean, business, labor, professional, youth and other organizations, and of regional, national and international conferences relating to such matters that may be of importance to the United States Virgin Islands, and recommend to the Governor and Legislature the participation by the United States Virgin Islands in such conferences where, in its judgment, the Virgin Islands would substantially benefit by such participation; and (4) Perform such other duties as may be assigned to it by the Governor or the Legislature. (d) The Commission shall report to the Governor and the Legislature within fifteen days after the convening of each regular legislative session, and at such other times as it deems appropriate. History: Added June 24, 1987, No. 5265, § 1304(a), Sess. L. 1987, p. 102.

(a) There is established within the Office of the Governor, a Bureau of Information Technology (BIT). The Bureau shall be administered by a Director, who shall be appointed by the Governor with the advice and consent of the Legislature. The Director shall be selected exclusively on the basis of merit as determined by technical training and education, skill and experience, and other qualifications including: (1) a Master's Degree in information, technology, computer science or a related field; (2) five years of management experience; and (3) at least ten years of experience in information technology, computer science or a related field; or (4) a Bachelor's Degree in information, technology, computer science or related field, five years of management experience and at least ten years of experience in information technology, computer science or related field. (b) For the purposes of Sections 10 through 10i of this chapter: (1) "Bureau" means the Bureau of Information Technology within the Office of The Governor. (2) "Director" means the Director of the Bureau of Information Technology within the Office of The Governor. (3) "Disaster Recovery" includes, but is not limited to, the documentation, plans, policies, and procedures required to restore normal operation to a territorial agency or department impacted by a manmade or natural disaster. (4) "Information technology" means all computerized and auxiliary automated information handling, including systems design and analysis, conversion of data, computer programming, information storage and retrieval, voice, video and data communications, requisite system controls, simulation, and all related interactions between people and machines. (5) "Networking" means the electronic linking of computers for the interchange of information. (6) "Plan" means the Disaster Recovery Plan. (7) "Strategy" means the Comprehensive Technology Strategy for the Government of the Virgin Islands. (8) "Task Force" means the Technology Task Force within the Bureau. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144; amended Apr. 20, 2011, No. 7255, § 6, Sess. L. 2011, p. 55.

(a) The Director shall develop a Comprehensive Technology Strategy for the Government of the Virgin Islands which shall be not less than five (5) years in duration and updated biennially, which includes programming and policies to support and promote the use of innovative information technologies within the territorial government as a means of saving money, increasing worker productivity, improving governmental services to the public, and demonstrating effective management tools The Director shall recommend to the Governor and the Legislature changes needed in the Territory's policies to accomplish the purpose of this Section. (b) The Strategy shall include: (1) The development and maintenance of territorial data centers, including the optimum size and degree of centralization of the data centers; information management personnel, including the training and qualification of such personnel; office automation, including the use of personal computing and electronic mail; data communications systems; and technical application architecture; (2) The Strategy shall: (A) address the findings and recommendations contained in each governmental agency and department's automation analysis report; (B) provide for an effective planning, budgeting, and management control system for coordinated development and utilization of information technology in the Government of the Virgin Islands; (C) summarize the specific plans and policies adopted by the Bureau for each of the areas of functional responsibility; and (D) report on major information technology initiatives. (c) The plan shall provide for the design and development of new and existing data centers, and for networking between all territorial agencies in order to enable these agencies to communicate with each other, share data where appropriate, and maximize public access to this network. The Director shall solicit input from all territorial agencies, departments, independent instrumentalities, public users, and any other entities determined by the Director to be necessary, and shall consult with the University of the Virgin Islands, the Legislature, and the judicial branch of the Virgin Islands to coordinate the executive branch master plan with the technology plan for the University, the Legislature and the judicial branch, if such a plan is developed. The plan shall include the following: (1) A method where the public may access from a personal computer, public records contained on a territorial agency, department or independent instrumentality's network; (2) A proposal to develop a multi-use Internet portal provides public access to all governmental services to promote greater efficiency by governmental agencies in serving the public. (3) A policy establishing the parameters for requiring territorial agencies, departments and independent instrumentalities to use software with interactive capability that allows public access to public records without the disclosure of confidential information. For the purposes of this paragraph, "interactive" means the electronic removal of data from an electronic file; (4) An identification of the activities that need to be undertaken to implement the plan with a corresponding time schedule, cost analysis, and person at the affected agency, department or independent instrumentality responsible for implementation of these activities; (5) A territorial policy to be promulgated by the Director of the Office of Management and Budget pursuant to Title 3, Title 3pter 3chapter 35 Code, regarding the release of territorial agency, department or independent instrumentality data retained electronically, in accordance with all provisions of law providing for confidentiality of collected information including, by not limited to the Title 3, Section 881 et seq., of this Code; (6) An identification of short, medium, and long range goals based on the principal policies and goals developed in the master planning process. (d) Upon request, the plan shall be made available to any person or territorial agency, department or independent instrumentality. This information shall be made available in an electronic format in addition to any other format chosen by the Bureau of Information Technology to make this information available. (e) The Director shall create an inventory list of all computer hardware and software, as defined by the Director, retained by each territorial agency, department or independent instrumentality and the purposes for which the hardware or software is used. This list shall be available upon request to any person or territorial agency, department or independent instrumentality. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144; amended July 30, 2016, No. 7888, § 9(b), Sess. L. 2016, p. 113.

The Director of the Bureau of Information Technology shall: (a) Develop specific information technology objectives, policies, procedures, and standards to guide the development of information systems within Government of the Virgin Islands to achieve maximum economy and quality, while preserving optimum user flexibility, including: (1) policies, standards, and procedures for appropriate interchange of information, optimum service, and minimum costs; (2) policies for pricing all information technology services performed by any territorial information technology cost recovery center so that every cost recovery center charges its users a rate for services that is both equitable and sufficient to recover all the costs of its operation, including the cost of capital equipment and facilities; (3) policies governing coordination, cooperation, joint efforts, working relationships, and cost accounting relative to the development and maintenance of information technology and information systems; and (4) policies to ensure the protection of individual privacy and guarantee the exclusive control to a user of its own data; (b) coordinate the preparation of agency and department information technology plans within the Government of the Virgin Islands, encompassing both short-term and long term needs that support the agency or department's and the Territory's strategic plans and assist independent instrumentalities of the Government with preparation of their technology plans; (c) require each territorial agency, department and independent instrumentality to submit annually an information technology plan containing the information required by subsection (2) no later than March 1, of each year beginning in 2005; (d) upon receipt of a territorial agency, department or independent instrumentality's information technology plan: (1) provide a complete copy of that plan to the Director of Management and Budget; (2) review and approve or disapprove an agency or department information technology plans to ensure that these plans are the most economically viable and are the best solution to the agency or department's needs and the needs of the United States Virgin Islands; and (3) approve or disapprove of and coordinate the acquisition of information technology equipment, telecommunications equipment, and related services for all agencies and departments of Government of the Virgin Islands; (e) facilitate the implementation of agency, department and independent instrumentality's plans; (f) establish priorities in terms of both importance and time sequencing for the development and implementation of information systems; (g) monitor information systems development to promote maximum use of existing territorial information resources; (h) advise the Governor on information technology policy and make recommendations to the Governor regarding requests for appropriations for information technology equipment and personnel; (i) maintain liaison with the University of the Virgin Islands, the Legislature and judicial branch of the Virgin Islands, the independent instrumentalities of the Government of the Virgin Islands, the federal government, business and industry, and consumers to promote cooperation and make recommendations regarding information resources; (j) conduct performance audits of territorial information technology management, planning, and the use of information technology resources and distribute copies of the audit reports as provided in section 10c of this chapter. (k) prepare an Annual Report to the Governor and to the Legislature that: (1) summarizes the Territory's current and projected use of information technology; and (2) includes a description of major changes in territorial policy and a brief description of each territorial agency, department and independent instrumentality's plan; (l) inform each agency, department and independent instrumentality of the requirements of this Chapter and Act; and (m) as permitted by law, coordinate the efforts of the Government of the Virgin Islands to provide services and transactions through the Internet. (n) establish and maintain criteria for determining which data center is to provide which data processing service(s) to each agency or department; (o) establish policies for the development, operation, maintenance and performance management of data processing information systems, including, but not limited to, equipment, software, and data communication; (p) establish and maintain criteria to be followed by the territorial government in participating with private industry, and the federal government in demonstrating or developing advanced information technologies; (q) establish and maintain the criteria to be followed by data processing each agency in providing confidentiality and security of data, and the security of data-processing facilities and equipment in accordance with Section 10h of this Chapter; (r) establish policies and guidelines for exchange of data between centers by inter coupling of telecommunications to ensure that exchanges do not jeopardize data security and confidentiality. (s) facilitate procedures to allow the Office of Management and Budget to make an analysis of programs and budget and the Inspector General to conduct audits utilizing data in the Government of the Virgin Islands data processing information systems. Information shall not be provided to the Office of Management and Budget or Inspector General if specifically prohibited by federal or territorial law. (t) promote public awareness and outreach. (u) sponsor conferences, conduct studies, collect and disseminate information, and issue reports relating to information and communications technology issues and government developments. (v) participate and represent the Government of the Virgin Islands in the activities of standards organizations and other appropriate activities and conferences related to information and communications technology issues. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144; amended July 30, 2016, No. 7888, § 9(b), Sess. L. 2016, p. 113.

(a) Each territorial agency or department information technology audit shall include information about planned information technology objectives and expenditures for the next fiscal year in the level of detail and format specified by the Director and the Director of the Office of Management and Budget. (b) The audits in subsection (a) of this Section shall include the progress of each territorial agency and department toward making their services available on the Internet as provided by law. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144.

(a) Upon completion of an audit report, the Director shall: (1) provide copies of all audit reports to: (A) the agency or department audited; (B) the Governor; (C) the Legislature; (D) the Office of Management and Budget; and (E) the Information Technology Task Force; and (2) present the performance audit findings to the Information Technology Task Force at their next meeting. (b) Each territorial agency and department shall provide the Director with complete access to all information technology records, documents, and reports, including electronic, analog, or digital, when requested for the purpose of a performance audit. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144.

The rate for services established by an information technology cost recovery center and reviewed by the Director, may be lowered if the Legislature appropriates monies to the cost recovery center for the specific purpose of lowering rates, otherwise the cost to the public shall be no less than that which it costs the Government agency or department. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144.

(a) There is established within the Bureau of Information Technology of the Office of The Governor, the Information Technology Task Force consisting of nine (9) members as follows: (1) the Director of the Bureau of Information Technology who shall serve as Chair; (2) the chief technology officer of the Legislature of the Virgin Islands or such other person appointed by the President of the Legislature; (3) the chief technology officer of the judicial branch of the Virgin Islands or such other person appointed by the Chief Justice of the Supreme Court; (4) the chief technology officer of the University of the Virgin Islands or such other person appointed by the President of the University; (5) two (2) matriculated students majoring in computer information or computer science one from each judicial district appointed by the Governor; and (6) three (3) representatives from telecommunications providers in the Territory to be appointed by the Governor; provided that one (1) such representative shall represent a local internet service provider; (1) such representative shall represent a local telephone service provider and (1) such representative shall represent a long distance telephone service provider. (b) A majority of the members of the Task Force shall constitute a quorum. The action of a majority of a quorum constitutes the action of the Task Force. (c) Members of the Task Force who are not employees of the Government of the Virgin Islands may not receive compensation for their work associated with the Task Force, but may receive per diem and expenses incurred as a member of the Task Force as provided by section 65, of this title. (d) The Bureau of Information Technology shall provide staff support to the Task Force. (e) The Task Force shall issue a report that may include recommendations on the following issues: (1) Identification of appropriate eligibility criteria for Universal Service Fund Support for capital investment in broadband data services in the Territory so that: (A) Such support is limited to areas lacking those services; (B) An appropriate fund balance is maintained; (C) Such support begins on October 1, 2005; and (D) Increases in surcharges to support the fund are minimal. (2) Identification of areas of the Territory where the Government of the Virgin Islands should assume liability for the costs of relocating facilities in the case of right-of-way realignments in order to encourage deployment of digital infrastructure to those areas; (3) Identification of other possible solutions to aid in the deployment of advanced telecommunications services throughout the Territory; (4) Rule changes to the Public Services Commission; and (5) Any proposed legislation to the Governor and the Legislature. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144; amended July 30, 2016, No. 7888, § 9(a), (b), Sess. L. 2016, p. 113.

(a) The head of each agency and department that uses data processing services shall have complete responsibility for the information that that agency collects, processes, stores, or utilizes. (b) If that agency receives data processing services from a data center of other agency, the agency head shall have full control over all data processing systems design, procedures, input, input format, output and output format concerning the agency data processing programs and services to be received. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144.

(a) The Bureau of Information Technology shall be responsible for the following: (1) Development of the policies and standards to be followed in providing for the confidentiality of information; (2) Development of policies necessary to ensure the security of the Virgin Islands' informational and physical assets; (3) Development of policies to provide for the preservation of the Virgin Islands' information processing capability; (4) Coordination of research and identification of solutions or problems affecting information security; (5) Review and recommendation of personal services contracts for information security consulting services; (6) Representation of the Virgin Islands to the federal government, other agencies of territorial government, local government entities, and private industry on issues that have territory wide impact on information security; (7) Development of polices and monitoring of territorial agencies to ensure that agency business operations will continue to function in the event of a disaster; (8) Review and advisement on security plans concerning the location and construction of information processing facilities for territorial agencies; (9) Preparation of policies and procedures for inclusion in the Virgin Islands Administrative Manual for the territorial agencies regarding the applicable law relating to confidentiality and privacy of, and public access, to information. (b) Territorial agencies shall notify the Bureau of all incidents involving the unauthorized, intentional damage to, or modification or destruction of, electronic information, and the damage to, or destruction or theft of data processing equipment, or the intentional damage to, or destruction of, information processing facilities. The Bureau shall investigate each incident. (c) The head of each territorial agency, department or independent instrumentality that utilizes, receives, or provides data processing services shall designate an information security officer who shall be responsible for implementing territorial policies and standards regarding the confidentiality and security of information pertaining to his respective entity. Such policies and standards include, but are not limited to, strict controls to prevent unauthorized access to data maintained in computer files, program documentation, data processing systems, data files, and data processing equipment physically located in such agency, department or independent instrumentality. (d) Any contract entered into by any territorial agency or department which includes provisions for data processing system design, programming, documentation, conversion, equipment maintenance, and similar aspect of data processing services shall contain a provision requiring the contractor and all the contractor's staff working under such contract to maintain all confidential information obtained as a result of such contracts as confidential and to not divulge such information to any other person. (e) (1) The Bureau of Information Technology and each territorial agency, department or independent instrumentality that uses, receives, or provides data processing services, shall conduct a confidential clearance on applicants approved for employment, including contractors at the Bureau, information technology (IT) personnel, and any employees of the referenced departments and independent instrumentalities who handle classified information. The Human Resources divisions of the three branches of government and all governmental instrumentalities shall conduct background checks with the assistance of territorial law enforcement agencies and other certified reputable agencies that provide criminal background checks. Information obtained through background and credit report checks is for governmental purposes only and must be kept confidential. (2) When the Bureau of Information Technology, a territorial agency, department, or independent instrumentality contracts with any federal agency or receives any federal funding, adherence with the Privacy Act of 1974 (5 USCS § 552a., as amended), is required. (f) As used in this section, "classified information" means any information or data that is internal-only to an agency, confidential in nature, or restricted from public access. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144; amended Jan. 20, 2024, No. 8793, § 1, Sess. L. 2023, p. 186, 187.

(a) The Bureau of Information Technology shall develop a Disaster Recovery Plan with respect to information technology. The Bureau, in coordination with the Virgin Islands Territorial Emergency Management Agency (VITEMA), shall establish a Disaster Recovery Planning Team to develop the Disaster Recovery Plan and to administer the plan's implementation. This Team shall be comprised of a representative from each territorial agency, department, and independent instrumentality. (b) In developing the Plan, the Disaster Recovery Team shall do all of the following: (1) Consider the organizational, managerial, and technical environments in which the Disaster Recovery Plan must be implemented; (2) Assess the types and likely parameters of disasters most likely to occur and the resultant impacts on the agency, department or independent instrumentality's ability to perform its mission. (3) List protective measures to be implemented in anticipation of a disaster, natural or manmade. Protective measures listed shall be: (A) Those protective measures determined to be most cost effective, and (B) Identified through the risk management process for information technology as provided by the Virgin Islands Emergency Management Agency (VITEMA). (c) Each territorial agency, department and independent instrumentality shall file a copy of its Disaster Recovery Plan with the Bureau of Information Technology and the Virgin Islands Emergency Management Agency (VITEMA) by January 31 of each year. The Bureau of Information Technology, in conjunction with the Virgin Islands Emergency Management Agency (VITEMA) shall assist, review, and coordinate disaster planning with respect to information technology for all territorial agencies, departments and independent instrumentalities. If a territorial agency, department or independent instrumentality employs the services of a territorial data center, that entity shall also provide the data center with a copy of its Disaster Recovery Plan. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144.

(a) The Governor shall establish an information technology advisory board, consisting of individuals who have experience in the information technology, computer science or related fields. The advisory board shall advise the Governor on advancements in the information technology and computer science fields and provide feedback on the effectiveness of the information systems within the Government of the Virgin Islands. History: Added Mar. 10, 2004, No. 6634, § 49, Sess. L. 2003, p. 144.

History: Repealed. June 24, 1987, No. 5265, § 303(b), Sess. L. 1987, p. 42. Cite as: 3 V.I.C. § 11, 12

Compensation and Expenses The Museum shall be headed by a Director who shall be appointed by the Governor. The Director shall serve at the pleasure of the Governor. The Director shall receive no compensation but in addition to per diem in lieu of subsistence and actual traveling expenses as prescribed by government regulation, shall be reimbursed for such other reasonable expenses as may be incurred in the discharge of his duties. History: Added June 14, 1961, No. 756, § 2, Sess. L. 1961, p. 103.

The Museum shall not be required to pay any taxes or assessments on real property acquired and held by it for its purposes. History: Added June 14, 1961, No. 756, § 2, Sess. L. 1961, p. 103.

Nothing in sections 11, 12, 13, or 14 of this title shall be deemed to authorize the Museum to obligate the Government of the United States Virgin Islands for expenditures or other amounts in excess of such sums as may be appropriated to it by the Legislature, nor shall the Museum mortgage or encumber any of its property. History: Added June 14, 1961, No. 756, § 2, Sess. L. 1961, p. 103.

History: Repealed. June 24, 1987, No. 5265, § 304(b), Sess L. 1987, p. 53.

(a) There is established within the Office of the Governor a Division of Special Projects, referred to as the "Division" in the remainder of this section. The Division shall be administered by a Director. (b) The Division shall be responsible for governmental and community matters relating to women and consumers. Without limiting the generality of the foregoing, and in addition to such functions, duties, and powers as may otherwise be prescribed by law or by the Governor, the Division shall have the following functions, duties, and powers: (1) Formulate standards, policies and programs for promoting the welfare of wage-earning women, improving their working conditions, increasing their efficiency, and advancing their opportunities for profitable employment. (2) Assist the Commission on the Status of Women in acquiring, consolidating, and utilizing information and statistics relating to the characteristics of the female work force, employment opportunities, wage and hour data, and work conditions. (3) Provide technical assistance to governmental and non-governmental organizations on proposed legislation and administrative procedures affecting women. (4) Counsel young women concerning employment opportunities and employment problems, and assist and direct women to sources of training and retraining for female employment. (5) Investigate complaints by women workers which allege discrimination on any basis, including sex, in violation of Federal or local law. (6) Assist employers and employees in the area of household employment to establish safer and more productive working conditions. (7) Conduct studies and collect data on standards and prices relating to consumer items. (8) Cooperate and coordinate with the Bureau of Statistics and Research in collecting and analyzing data and in developing research and study programs related to the Division's functions, duties, and powers. History: Added June 4, 1968, No. 2238, § 16(a), Sess. L. 1968, Pt. II, p. 47.

(a) There is established in the Executive Branch of the Government of the Virgin Islands the Virgin Islands Territorial Emergency Management Agency ("VITEMA"). (b) VITEMA shall be administered and supervised by a Director who shall be appointed by the Governor with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom the Director is appointed, until a successor is appointed and qualified, unless sooner removed from office by the Governor. The Director shall hire, with approval of the Governor, all staff necessary and proper for the efficient and effective operation of VITEMA in accordance with the laws of the Virgin Islands. (c) VITEMA and its Director shall have the powers, duties, and authority prescribed in title 23 Virgin Islands Code, chapter 10 and such other sections of the Virgin Islands Code which bestow powers, duties, and authority on VITEMA and its Director. (d) VITEMA, through its Director, may promulgate such rules and regulations as approved by the Governor pursuant to title 3 Virgin Islands Code, Chapter 35 as are necessary and appropriate for its proper administration, the conduct of its officers and other personnel, and the performance of its duties. (e) VITEMA shall prepare an annual budget for submission to the Director of the Office of Management and Budget. History: Added July 7, 1967, No. 2011, § 1, Sess. L. 1967, p. 371; amended July 25, 1973, No. 3466, § 1, Sess. L. 1973, p. 220; Nov. 11, 1974, No. 3630, Sess. L. 1974, p. 246; Dec. 29, 1986, No. 5233, § 4, Sess. L. 1986, p. 413; July 2, 2009, No. 7074, § 5, Sess. L. 2009, pp. 88, 89.

History: Repealed. June 24, 1987, No. 5265, § 203(b), Sess L. 1987, p. 29.

(a) In addition to its other duties and responsibilities, the Department of Human Services shall supervise the Senior Citizens Activities Transportation Program, which shall insure the availability of transportation for governmental and private, non-profit senior citizens organizations, programs and activities. The Commissioner of Human Services shall have the following duties and powers relative to senior citizens transportation: (1) Maintaining a continuing review of transportation needs of existing programs for senior citizens in the Virgin Islands; (2) Providing consultation to departments and agencies of the Government of the United States Virgin Islands and to non-profit senior citizens organizations which may be considering the inauguration of services, programs or facilities for which transportation will be required; and (3) Establishing such policies by promulgation of rules and regulations as is necessary and proper to satisfy the transportation needs of the senior citizens programs and activities and the senior citizens activities of the Department of Human Services. (4) Issuing senior citizen cards, disability identification cards and other forms of authorization required for benefits under subsection (c) and for other services and benefits provided under other programs. (b) For the purpose of subsection (a): "transportation" means the movement of senior citizens to and from programs and activities, the carrying of supplies, food, and other items necessary to the success of the senior citizens programs and activities; "senior citizens" means any person 60 years of age or older; "non-profit senior citizens organizations" includes, but is not limited to the Senior Citizens in Action and any local chapter of the American Association of Retired Persons (AARP); and "senior citizens programs and activities" refers to the affairs, events, programs and activities sponsored, promoted or supported by non-profit senior citizens organizations. (c) In addition to the transportation services provided for in subsection (a), a senior citizen as defined in subsection (b), or an individual with a disability may ride VITRAN fixed route services buses free of charge, upon presenting a senior citizen's card or other form of authorization issued by the Department of Human Services or a Real ID card issued in compliance with the Real ID Act of 2005, 49 U.S.C. §30301 - Notes. For purposes of this section "an individual with a disability" means a person having a physical or mental impairment that substantially limits one or more of the major life activities, including, caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. History: Added Jan. 2, 1987, No. 5248, § 2(a), Sess. L. 1986, p. 434; amended Sept. 11, 2009, No. 7089, § 1(a), (b), Sess. L. 2009, pp. 154, 155; amended Oct. 15, 2014, No. 7699, § 15(1), Sess. L. 2014, p. 364; amended June 21, 2017, No. 7988, § 1, Sess. L. 2017, p. 12.

(a) There is established within the Office of the Governor, the Virgin Islands Commission on Youth, hereinafter referred to as the "Commission." The Commission is comprised of a nine member governing board appointed by the Governor with the advice and consent of the Legislature. At least five of the members must, at the time of appointment be between the ages of 14-24; at least two of the members must be regularly enrolled, fulltime students at the University of the Virgin Islands who are United States citizens; four members must be residents of the island of St. Thomas, four must be residents of the island of St. Croix; and one must be a resident of the island of St. John or a person with a disability who shows interest. (1) Of the members first appointed, three shall serve terms of two years, four shall serve terms of three years and four shall serve terms of four years. Terms thereafter are four years, except that each member shall serve until the member's successor is appointed and qualified in the same manner as original appointments are made. (2) Hereunder, provided that no member shall serve more than 90 days beyond the expired term and any action taken by the Commission wherein a vote was cast by a member whose term expired is void Ab initio. A member may be removed by the Governor for neglect of duties, malfeasance or for other good and sufficient cause. Any person appointed to fill a vacancy occurring before the expiration of the term for which the person's predecessor was appointed shall serve only the remainder of such term. (3) The members of the Commission shall, at the first Commission meeting, select a Chairperson from among their number. The term of the Chairperson is two years. A quorum for the purpose of conducting the business of the Commission consists of six members. The Commission shall meet at least once every three months, and more often at the call of the Chairperson or upon the request of at least six of the members. (4) Each appointed member of the Commission is entitled to receive a per diem of $75 per meeting for each day or part of a day spent in the performance of official duties, and, in addition, each appointed member is entitled to receive actual and necessary travel expenses incurred in the performance of official duties; at the discretion of the Governor. (5) Reference to the Commission in the remainder of this section must be construed to include any person authorized to act for the Commission, including the Director or any of his assistants. (b) The Commission is the sole Virgin Islands governmental agency for the initiation, implementation, administration, supervision coordination and monitoring of programs, services and activities oriented exclusively toward "youth services" and which are publicly funded, in whole or in part, but excluding those programs or activities for which other provision is specifically made by this Code. The Commission has powers and duties: (1) To monitor and evaluate all new and all existing youth programs, services and activities whether locally or federally funded, for the purpose of determining the effectiveness of same, and in connection therewith to submit a report to the Governor, the Legislature and the Director of the Budget by January of each year containing detailed results of those evaluations as well as recommendation for the alteration or discontinuance of existing programs, services and activities or the establishment of new programs, services and activities; (2) To study, collect, maintain, publish and otherwise disseminate statistical data and pertinent information relative to all aspects of youth activities and problems, including social, economic, educational, employment, recreational and physical and behavioral health needs and opportunities for young people; (3) To serve as the sole agency through which various public and nonpublic organizations concerned with young people can obtain and exchange information, coordinate programs and enter into joint endeavors; (4) To provide consultation and assistance to other organizations which are concerned with or may be interested in providing programs, services, activities or facilities for young people; (5) To coordinate all programs, services and activities under its jurisdiction with the programs, services and activities of other governmental and nongovernmental entities; (6) organizations to permit the efficient and effective functioning of all such programs, services and activities in a manner which will promote economy and prevent duplication of efforts; (7) To promote employment and training opportunities in cooperation and coordination with other public and private agencies as well as opportunities for the proper use of leisure time for young people, including opportunities for volunteer work by said young people; (8) To identify research needs; encourage research; assist in obtaining funds for research and demonstration projects; and establish and participate in the establishment of those projects; (9) To provide such special personnel training as is necessary to carry out the programs, services and activities of the Commission; (10) To plan, implement, administer and supervise a summer youth employment program, undertaken in such manner as the Commission considers appropriate and pursuant to rules and regulation promulgated by it; (11) To accept gifts, donations, contributions, bequests, devises or other monies for expenditure for the purposes for which they are provided or as the Commission sees fit in executing its duties under this section; (12) To plan, establish, administer and supervise programs and activities providing special services for youth, including, youth centers, counseling and referral services, outreach programs, volunteer activities and those encouraging community involvement; (13) To cooperate with the federal government, its agencies and instrumentalities and with other public and private agencies in establishing, extending and strengthening various youth activities, services and programs; and (14) To perform such other functions and duties as the Governor may from time to time prescribe or may be required by law. (c) The Commission constitutes the sole government agency of the Government of the Virgin Islands for participation in all federal programs and for receipt of federal funds for youth programs, when such programs relate exclusively to youth and require action within the Virgin Islands, and when such programs are not the specific responsibility of a federal agency located within the Virgin Islands. (d) The Governor, upon recommendation of the Commission and subject to confirmation by the Legislature, shall appoint and Executive Director of the Virgin Islands Commission on Youth. The Executive Director must be a person qualified by education, training and experience in the administration, coordination and supervision of youth programs. The salary of the Executive Director is provided by appropriation. The Executive Director must be provided with such assistants, secretarial and other personnel, office space and equipment, subject to appropriations as is necessary for the proper performance of his duties pursuant to this section. (e) The Executive Director shall act in the name of the Commission, and has the following powers and duties: (1) To administer all policies, programs services and activities of the Commission on a day to day basis, subject to such general guidelines as the Commission may establish, but exercising such discretion and making such management decisions as are necessary to the proper execution and operation of Commission programs, services, activities and policies; (2) To attend all Commission meetings and submit such reports and make such recommendations with regard to youth programs, services and activities as may be requested by the Commission; (3) To provide for the detailed administration and close supervision of youth programs, services and activities under the jurisdiction of the Commission and for the monitoring of other programs, services and activities with which the Commission is coordinating its programs, services and activities; (4) With the cooperation of the Director of the Budget, to identify all funds, personnel, records, equipment and other resources of the Government of the Virgin Islands which provide services to youth and to report his findings in this regard to the Commission in order that steps may be taken, where necessary and appropriate, to obtain statutory or other authority to transfer funds, personnel, records, equipment and other resources to the jurisdiction of the Commission when such transfers are consistent with the intents and purposes of this section; (5) To cooperate and collaborate with the Commissioner of Housing, Sports and Recreation, The Commissioner of Police and the Commissioner of Human Services in the administration, implementation and supervision of existing recreational programs, services and activities for youth, and in the planning, establishment and implementation of new recreational programs, services and activities for youth where considered necessary or desirable; and (6) To perform such other functions and duties as may be assigned to him by the Commission. History: Added May 31, 2012, No. 7365, § 1, Sess. L. 2012, pp. 96-100; amended Jan. 19, 2023, No. 8691, § 1(a)(1)-(5)(A)-(C), (b)(1), (2), Sess. L. 2022, p. 457.

(a) There are hereby established honorary awards for the public recognition of Virgin Islanders who have distinguished themselves in the humanities and the arts, including the performing arts and music, sports, public service and any other field of human endeavor worthy of public recognition. The award shall be known as the Governor's Award and shall consist of a gold medal suspended on a ribbon of appropriate material and color and accompanying appurtenances. Each medal shall be suitably inscribed, and an appropriate citation shall accompany each award. (b) The Governor's Awards shall be presented annually by the Governor during a reception to be held at Government House, St. Thomas. (c) There is hereby established the Governor's Awards Board (hereinafter referred to as the Board), which shall consist of five members, at least two of whom shall be from St. Thomas, two from St. Croix and one from St. John, appointed by the Governor. The Chairman of the Board shall be designated by the Governor from the membership of the Board. The members of the Board shall serve at the pleasure of the Governor. (d) The Board shall advise and assist the Governor in the selection of persons to whom awards shall be tendered. In performing its functions, the Board shall carefully review recommendations submitted to it and decide which of them warrant presentation to the Governor and shall transmit to the Governor, for his consideration, the names of those persons deemed by the Board to merit awards together with the reasons therefor. Recipients for the awards shall be selected by the Governor. (e) The Board is authorized to prescribe the method and form for making nominations for an award. History: Added Mar. 1, 1971, No. 2951, Sess. L. 1971, pp. 17, 18.

(a) The Governor shall appoint a Federal Programs Coordinator (hereinafter referred to as the "Coordinator"). The Coordinator shall receive a salary as determined by law, and shall be furnished such necessary office space, professional, secretarial and clerical assistance, supplies and equipment as are necessary to the performance of his duties. His office shall be within the Office of Management and Budget. (b) The Federal Programs Coordinator, within the Office of Management and Budget, shall coordinate the functions of his office with the management and budget responsibilities of the Director of the Office of Management and Budget. History: Added Aug. 11, 1972, No. 3286, § 1, Sess. L. 1972, p. 417; amended Oct. 11, 1979, No. 4367, § 4(a), Sess. L. 1979, p. 211; June 24, 1987, No. 5265, § 1202(c), (d), Sess. L. 1987, p. 92.

The Assistant shall have the following functions and duties: (a) Maintain close contact with the Office of the Washington Representative or Delegate to the United States House of Representatives in order to coordinate activities and to avoid undesirable duplication of effort. (b) Acquire a thorough working knowledge of all Federal Programs offering grants, loans, subsidies or other opportunities for economic, social or technological advancement of the Virgin Islands. (c) Become familiar with and follow closely the progress of proposed Federal Programs of interest to the Virgin Islands which are either the subject of proposed congressional legislation, Executive Order, or administrative rule or regulation. (d) Acquire a working knowledge of specific procedures required in applying for or qualifying for the benefits offered pursuant to Federal Programs available to the Virgin Islands, and through appropriate action, require all Virgin Islands Departments and Agencies to adopt, update, or revise such plans and procedures as are necessary to ensure full participation with Federal guidelines. (e) Submit quarterly reports to the Legislature and the Governor regarding the progress being made on applications for Federal Program benefits or rendering advice and counsel regarding legislation or the implementation of procedures or programs required or desirable in qualifying for Federal Program benefits. (f) Act as liaison between the Government of the United States Virgin Islands and Federal Departments and Agencies offering Federal Program benefits, and maintain open lines of communication between the Legislature, the Governor, and the Federal Departments and Agencies concerned. (g) Take such steps as are necessary in ascertaining whether Federal Program benefits are being properly expended, administered or applied locally to assure continued qualification for those benefits in the future. All departments, commissions, agencies and instrumentalities of the Virgin Islands Government shall cooperate fully with the Coordinator. History: Added Aug. 11, 1972, No. 3286, § 1, Sess, L. 1972, p. 417; amended Oct. 11, 1979, No. 4367, § 4(b), Sess. L. 1979, p. 211.

(a) There is created within the Economic Development Commission a Virgin Islands Rum Promotion Council (hereinafter referred to as the Council) to be composed of five (5) members appointed by the Governor with the approval of the Legislature, not more than three of whom shall be from one district. Said members shall be chosen on the basis of their training and experience in industry, including the promotional advertising and/or marketing of rum. The terms of Council members shall be three (3) years, except that of the members first appointed, two (2) shall serve terms of two years and three (3) shall serve terms of three years, to be decided by lot. Members may be reappointed to additional terms without limitation. Vacancies on the council shall be filled in the same manner as original appointments, except that the person so appointed shall serve only the remainder of the unexpired term of the member creating the vacancy. (b) Members of the Council shall select a Chairman from among their number at the first Council meeting, which Chairman shall serve in said capacity for the remainder of his term. The Council shall meet at least monthly, and more often at the request of the Governor, the call of the Chairman or by written request of at least three (3) of its members. Council members shall receive fifty dollars ($50.00) for each day or part thereof spent in the performance of their duties hereunder and, in addition, shall receive all necessary travel expenses incurred thereby. (c) The powers and duties of the Council shall be as follows: (1) To act as a policy-making promotional and advisory body with regard to the establishment and operation of rum distilleries in the Virgin Islands, and the advertising and distribution of Virgin Islands rums in the world market. (2) To maintain close contact with representatives of the Virgin Islands rum producing industry, the Government of the United States Virgin Islands and the national advertising firm. (3) To compile and maintain current information regarding all aspects of the rum industry, including innovations in the production, advertising and marketing of rum; conducting such market and other research and surveys as may be necessary or desirable to obtain said information. (4) To submit a report to the Governor and the Legislature, not later than January 15th of each year, pertaining to the state of the Virgin Islands rum industry, the activities of the Council and describing future plans for the promotion of the rum industry. The report shall also contain any requests for legislation designed to aid the Council in discharging its duties and/or serve to further the promotion of Virgin Islands rums. (5) To perform such other functions and duties within its scope of authority as may be requested by the Governor. History: Added Mar. 12, 1975, No. 3676, § 1, Sess. L. 1975, p. 9; amended Sept. 28, 1990, No. 5636, § 1(a) (2), Sess. L. 1990, p. 345; Feb. 1, 2001, No. 6390, § 8, Sess. L. 2000, p. 407.

(a) There is hereby created within the Office of the Governor a committee to be designated as the "Virgin Islands Occupational Information Coordinating Committee", hereinafter referred to as the Committee. The purpose of the Committee shall be to improve the planning and operation of career and technical education training programs by implementing an occupation information system within the Territory. (b) The Committee shall be composed of the director of each of the following agencies or his authorized representative: (1) the Virgin Islands Board of Career and Technical Education; (2) the Virgin Islands Employment Security Agency; (3) the Virgin Islands Manpower Services Council; and (4) the Division of Career and Technical Rehabilitation. (c) The functions and objectives of the Committee shall be, subject to the availability of funds for such purposes and in cooperation with Federal and Territorial agencies designated herein, to: (1) improve communication between the agencies comprising the Committee by- (A) developing a detailed list of Committee policies, goals and objectives; (B) developing and publishing newsletters, articles and papers describing information systems; (C) conducting workshops and/or seminars for administrators, planners and practitioners; (D) conducting meetings or conferences among Committee agencies; (E) providing displays and materials at conferences and meetings; (F) establishing focal contact points for occupational information; and (G) fostering the development, implementation and use of standard definitions between information systems. (2) improve coordination between the Committee agencies by- (A) reviewing program and system requirements for duplication; (B) analyzing data activities for apparent redundancy and effecting necessary changes; (C) encouraging agreements between agencies relating to roles and responsibilities; (D) conducting meetings of information developers; and (E) surveying data users (planners, administrators, clients and students); (3) develop an occupational information system by- (A) analyzing the existing system for utility and identifying present gaps; (B) determining occupational data needs of various user groups; and (C) adopting a standardized classification system; (4) implement an occupational information system by- (A) fostering the use of the occupational information system; (B) providing financial assistance to supplement existing activities; (C) distributing occupational information system materials. (d) (1) The Committee shall be entitled to receive one hundred percent funding from the United States Department of Health, Education and Welfare - Employment and Training Administration, pursuant to the EducationEducation Amendments Act of 1976-482, § 103(a)), as amended. As a condition precedent to receiving federal funds, the Committee shall perform the following: (A) execute an agreement with the National Occupational Information Coordinating Committee; (B) select and designate its fiscal agent; and (C) adjust its budgeting to coincide with the federal fiscal year of October 1st to September 30th. (2) The funds provided by the Federal Government shall be used for the following purposes: (A) base allocations in an amount not to exceed sixty-five thousand dollars to establish the Committee and to fund a minimum of two staff positions; and (B) special purpose allocations to accomplish specific tasks expected to result in products that can be utilized in other states and to develop integrated information systems. History: Added Oct. 25, 1978, No. 4237, Sess. L. 1978, p. 268; amended Oct. 17, 2005, No. 6793, § 2, Sess. L. 2005, p. 353.

(a) The Virgin Islands Commission on Aging is established within the Office of the Governor for budgetary purposes and shall be herein referred to for purposes of this section only as the "Commission". (1) The Commission shall be composed of the following persons: (A) Four Commissioners or their respective designees from the following governmental departments, whose terms are coterminous with that of the Governor under whom they serve: (i) The Department of Human Services; (ii) The Department of Health; (iii) The Virgin Islands Police Department; (iv) The Department of Justice; and (v) The Department of Sports, Parks and Recreation; (B) The Executive Director of the Virgin Islands Housing Authority or a designee, who shall serve for as long as this person holds the position; (C) Six representatives appointed by the Governor from community organizations, with three of the representatives from the St. Croix District and the other three from the St. Thomas/St. John District, with a minimum of one representative in this district from St. John, who shall serve a term of three years or longer as determined by the Commission's bylaws; (D) The Director of the American Association of Retired Persons ("AARP") or a designee who shall serve for as long as the person holds the position; (E) One representative from the Legislature of the Virgin Islands, appointed by the President of the Legislature, whose term is coterminous with that of the President of the Legislature who appointed him. (2) The composition of the Commission representatives from the community appointed by the Governor, must be diversified to reflect the aging, social, economic, and ethnic diversity within the territory, with individuals across the age category reflecting the citizens 50 years of age and older. (3) The Commission shall elect a chairperson from among the membership, and the chairship must alternate biannually between districts. The Commission may appoint persons to fill any of the six seats reserved for community organizations, if a seat is vacated before the term expires, as determined by the bylaws. (b) Powers and Duties of the Commission. The Virgin Islands Commission on Aging shall have the responsibility to: (1) Identify issues of concern to older adults of the Virgin Islands; (2) Research legislative issues, analyze impacts on the welfare of older adults and provide suggestion for legislators; and (3) Promote networking of organizations and individuals which support services and opportunities for senior citizens, to include but not be limited to: Adult Protective Services, V.I. Family Caregiver Support Program, Foster Grandparents Program, Homemaker Services, Homes for the Aged in both districts, Information and Referral Services, Nutrition Program for the Elderly (Meals on Wheels), Retired Senior Volunteer Program, Senior Community Employment Program, and the Pharmaceutical Assistance Program. (4) Study, investigate, plan and promote a program to meet the present and future needs of aging citizens of the Territory; receive the cooperation of other territorial departments and agencies that are tasked to coordinate programs for the aging population; identify services targeted to the most vulnerable population, including meals, transportation, housing, and long-term care; lead advocacy efforts designed to keep the aging citizens safe from fraud, abuse, and other harm. (5) Represent the Eight Domains of Livability as established by the World Health Organization's Global Network of Age-Friendly Cities and Communities and the AARP Network Age-Friendly States & Communities which are Outdoor Spaces & Buildings, Transportation, Housing, Social Participation, Respect and Social Inclusion, Civic Participation & Employment, Communication & Information and Community Support & Health Services. (c) Compensation. Members of the Commission shall be compensated in the form of reimbursement for travel expenditures only as authorized by the Chairman. Non-governmental members shall receive a stipend of $75 per day for attendance at Commission meetings. An annual appropriation from the General Fund through the Office of the Governor shall be used for stipends and reimbursements, and the salary of the Executive Director. (d) Before conducting any business, the persons constituting the membership of the Commission on Aging shall meet and adopt bylaws. The vote of a majority of all the members in good standing of the Commission shall be necessary for the adoption of the bylaws. Once adopted, the bylaws are to be duly signed by all persons thereafter becoming members of the Commission formed under this chapter. The Commission of Aging shall write the bylaws in a book kept by the Commission and by the Office of the Governor with an identical copy being provided to the President of the Legislature upon request. At a minimum, the Commission may by its bylaws provide for: the time, place and manner of calling and conducting its meetings outside of the requirements of this chapter; the mode and manner of appointing an executive director and their removal; the mode and manner of filling vacancies of the six representatives of the members appointed by the Governor from community organizations and their removal. No bylaw may be adopted granting any member on the Commission an indefinite membership on the commission. (e) The Commission may appoint an executive director with the approval of the Governor. The executive director at the direction of the Commission shall perform such duties as the Commission on Aging finds necessary to carry out its primary duties of advocacy, planning, promoting inter-agency collaboration, and advisory role to the Governor and the Legislature. History: Added May 14, 2012, No. 7351, § 2, Sess. L. 2012, pp. 45-46; amended Dec. 31, 2020, No. 8403, §§ 1(1)-(3), 2-4, Sess. L. 2020, p. 267-269.

History: Repealed. Sept. 20, 2010, No. 7194, § 1, Sess. L. 2010, p. 151.

History: Repealed. Sept. 20, 2010, No. 7194, § 1, Sess. L. 2010, p. 151.

(a) There is established within the Office of the Governor, the Virgin Islands Office of Gun Violence Prevention. The Office is tasked with formulating effective and innovative strategies designed to reduce and prevent gun violence in the Virgin Islands, and to make recommendations to the Legislature of the Virgin Islands for legislation to strengthen gun laws and for initiatives that provide recreational, vocational and economic opportunities for young adults in the Virgin Islands. These objectives shall be met by establishing strong alliances and partnerships with the law enforcement community; social service agencies and organizations; non-profit and faith-based organizations; community leaders, including elected officials; concerned residents, victims, survivors, and violence interrupters; and private and public sector and local and federal government agencies and partners. (b) Among the staff of the Virgin Islands Office of Gun Violence Prevention shall be an Executive Director, District Directors, Survivor Engagement Specialists, Community Engagement Coordinators, Analysts who specialize in statistical data collection, an Office Manager, and Violence Interrupters. The Governor shall appoint the Executive Director, who shall report directly to the Governor. Other personnel shall be hired based on practices and procedures set forth in title 3, chapter 25 and title 24, chapter 14 of this Code, and other practices and procedures of the Government of the Virgin Islands. (c) The Office of Gun Violence Prevention shall: (1) Collaborate and convene with: non-governmental agencies and wraparound service providers involved in gun violence prevention, intervention, and public safety; governmental agencies, such as the Virgin Islands Police Department, the Virgin Islands Department of Labor, the Virgin Islands Department of Justice, the Virgin Islands Law Enforcement Planning Commission, and the Virgin Islands DeVirgin Islands Law, Division of Mental Health; and other entities that offer employment and dispute resolution programs for young adults; (2) Help organize and take part in initiatives that bring awareness to the ill-effects of gun violence in the community, such as press conferences, marches, prayer vigils, town halls, community meetings, trainings, conferences, seminars, workshops, retreats and healing circles; (3) Establish a resource line for referrals and counseling; (4) Liaise with the business community to assist the Office in developing and promoting its initiatives; (5) Liaise and work with other entities and persons who offer programs geared toward youth development, delinquency reduction, and rehabilitation, such as guidance counselors, mentorship programs, vocational programs, visual arts programs, pre-trial intervention programs, and re-entry programs; (6) Provide counseling and resources referrals to families; (7) Establish a means, either through a mobile unit or otherwise, to take services and resources into the neighborhoods and for use as an educational tool on youth safety; (8) Work to achieve and foster better relations between the law enforcement community and residents; (9) Compile data on the incidents of gun injuries and deaths in the Virgin Islands and issue quarterly reports to entities that provide assistance to the Office, and issue an annual report prior to the Governor's annual State of the Territory address; and (10) Submit to the Governor and the Legislature by August 31 annually a report setting forth the initiatives it has taken and the programs it has participated in or initiated. (d) The Virgin Islands Police Department and all health care facilities that are under the jurisdiction of the V.I. Government Hospitals and Health Facilities Corporation shall report all incidents of gun violence, and injuries or fatalities due to gun violence, to the Virgin Islands Office of Gun Violence Prevention. (e) As used in this section: (1) "Violence interrupter" means a culturally appropriate worker or former gang member who identifies and intervenes in gang-related conflicts using a variety of conflict mediation techniques to prevent imminent violence, change the norms around the need to use violence, and detect potential retaliatory violence. (2) "Wraparound service provider" means a service delivery provider who employs a comprehensive, holistic approach of responding to the needs of victims of gun violence through collaborative efforts and partnerships with agencies and organizations, designed to build constructive relationships and a support network for victims of gun violence. (3) "Survivor Engagement Specialist" means a person who engages with families who have lost a loved one due to gun violence, develops and implements survivor engagement and outreach efforts, coordinates survivor projects, events and activities, and coordinates legislative initiatives to empower survivors. (4) "Community Engagement Coordinator" means a person who implements and administers effective outreach programs or events and works with community members, including government and non- governmental agencies and organizations, to increase engagement in initiatives that support gun violence prevention. History: Added Jan. 21, 2021, No. 8423, § 1, Sess. L. 2020, p. 307-309.

(a) There is established within the Office of the Governor a territorial longitudinal data system ("TLDS" or "the System") known as the Virgin Islands Virtual Information System ("VIVIS"). The Virgin Islands Virtual Information System contains demographic data, such as: age, race, ethnicity, gender, marital status, income, education and employment, on persons being served by the Virgin Islands Departments of Education, Labor, Health, Finance, Human Services, and Justice; the University of the Virgin Islands and non-governmental entities that are mandated by this section to provide data. The Government shall use the data obtained through VIVIS to assist with evaluating the services provided by agencies and entities to improve the services offered and to assist teachers, administrators, policy makers, legislators, and others as a data-informed research resource. (b) An Executive Director shall administer the VIVIS, who is appointed by the Governor of the Virgin Islands based exclusively on merit as determined by technical training, educational background; skill and professional experience; knowledge in education, health, or finance; other pertinent data systems; or any other relevant qualifications. (c) The Executive Director shall facilitate the development of policies and procedures for VIVIS, create operational plans and systems to protect the confidentiality of data received from lower-level data governance management, and provide tactical level implementation of the policies from higher level data governance management, when applicable. The Executive Director may hire the personnel necessary to assist the Executive Director in meeting the Executive Director's responsibilities of administering the VIVIS. (d) The Executive Director shall develop and maintain VIVIS so that it can be used to improve the quality of life, education, health, and employment opportunities for the residents of the Virgin Islands. The Executive Director shall allow stakeholders and policymakers access to non-personally identifiable information data maintained in VIVIS of individuals who are serviced by agencies and entities that contribute data to VIVIS, to enable stakeholders and policymakers to facilitate accountability and investment decisions. (e) The System must contain data to assist with the development of policies to support the following objectives: (1) Enabling Virgin Islands residents to secure and to retain employment and to receive better pay after completing training or postsecondary degrees; (2) Enabling Virgin Islands residents through training and education to meet the education and job skill demands of businesses; (3) Developing an early warning system that identifies at risk students, thereby, allowing for early government intervention and improving high school and college graduation rates; (4) Identifying teaching methods and programs that lead to positive student outcomes; (5) Encouraging the sharing of electronic data with educational institutions researchers and other entities; and (6) Developing intervention measures to modify public health complications and outcomes by identifying groups at higher risk of having poorer outcomes and examining relationships between risk factors and outcomes. (f) The Executive Director shall coordinate the sharing of data, ensure the confidentiality of records and ensure that an agency or entity's data are used consistent with the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA), and other applicable federal and local laws, rules, regulations, policies, and procedures by ensuring the establishment of a unique identifier record code that will be assigned to the birth record. The establishment of a record code must be consistent with the following: (1) No information may be disclosed regarding how a record is generated and assigned a record code or that allows a recipient to identify the person based on a record code; (2) A record code may not be used for any purpose other than to identify a specific record and may not be used to ascertain personally identifiable information about the person; and (3) The record code may not be based upon a person's social security number or any other personal information. (g) Commissioners of the Virgin Islands Departments of Education, Labor, Health, Finance, Human Services, and the Attorney General of the Virgin Islands, the President of the University of the Virgin Islands and non-governmental entities participating in VIVIS shall appoint personnel, referred to as stewards, who are responsible for providing data from within their organization to the Executive Director. The identified stewards must then implement strategically developed plans. As may be needed by the Executive Director, stewards shall assist the Executive Director by providing input regarding best practices of the VIVIS. (h) Under the guidelines adopted by the Executive Director, agencies and entities must provide data regarding birth records, early childhood, kindergarten through twelfth grade, postsecondary, workforce, and health to VIVIS, including, birth weight, age, school discipline, school attendance, assessments, enrollment, and employment status. (i) Agencies and entities participating in VIVIS shall work collaboratively to secure funding through the United States Department of Education and other federal agencies, grants, user fees, and contributions from the agencies and entities themselves, in order to establish and to enhance the necessary technology infrastructure workforce for the purpose of developing the TLDS. (j) The Office of the Governor shall ensure the regulations, operating procedures and policies regarding the management and operation of VIVIS are promulgated in accordance with applicable local and federal laws. To the extent permissible under a grant, the Executive Director may award as subgrants any grants or other funding obtained by the VIVIS to agencies and the departments that are participants in the VIVIS. (k) The Executive Director may charge a reasonable fee for access to the information maintained in VIVIS and other associated services provided. (l) An educational agency or institution may release student-level data, such as the student's name, address, and age, for the purposes of educational evaluation, audits, and research, by attaching a code to each record, if the following conditions are met: (1) No information may be disclosed regarding how a record is generated and assigned a record code or that allows a recipient to identify the person based on a record code; (2) A record code may not be used for any purpose other than to identify a specific record and may not be used to ascertain personally identifiable information about the person; and (3) The record code may not be based upon the person's social security number or any other personal information. (m) The Executive Director shall ensure that VIVIS is maintained such that it coordinates the matching and de-identification of student-level data in order to protect the confidentiality and privacy of the individual person. (n) The use of personally identifiable records that are matched must be limited to satisfying, or contributing to the evaluation, research and reporting requirements related to outcome measures that must be specified in advance and approved by the Executive Director. Once matched, personal identifiers, such as identification numbers assigned by contributing agencies and entities and social security numbers, must be removed to ensure the confidentially of all records. Data must be de-identified as specified in subsection (l). Once de-identified, the confidentiality of the record code must be strictly adhered to. (o) The Executive Director and staff, and the staff at the participating agencies and entities involved in receiving, handling, transmitting, and processing data, shall execute a confidentiality agreement, agreeing to maintain the confidentiality of all data that contain personally identifiable information. (p) The Executive Director shall maintain the confidentiality of all data shared through VIVIS. To ensure the continued confidentiality and security of the data processed, stored, or transmitted, the Executive Director shall establish protocol that at a minimum: (1) ensures that all data are kept in secured facilities and access to such data is limited to personnel who are authorized to have access to the data, by agreement or under this section; (2) requires the use of secured passwords to access computer databases used to process, store, or transmit data; (3) ensures good practices for assigning passwords that maintain the integrity of the systems used to secure the computer databases used to process, store, or transmit data; (4) prevents the interception, diversion, or other unauthorized access to confidential data that are being processed, stored, or transmitted; (5) ensures the compliance with FERPA, HIPPA, and other federal and Virgin Islands laws relating to the privacy rights of records, insofar as such laws are applicable to the agencies and entities; and (6) provides contingencies to ensure that unauthorized access to personally identifiable information is reported appropriately. History: Added Apr. 12, 2022, No. 8550, § 1, Sess. L. 2022, p. 87-90.

The Legislature of the Virgin Islands recognizes that access to information is a basic need of all of its citizens and undertakes to promote, support, implement, maintain and coordinate library and information services of uniformly high quality on a territory-wide basis for the educational, social, economic, physical and cultural well-being of the Territory and its citizens. History: Added June 24, 1987, No. 5265, § 304(a), Sess. L. 1987, p. 44.

As used in this chapter, unless the context otherwise requires: (1) "Academic library" means any library which serves primarily the faculty, staff and student body of a degree-granting college or university, which is approved as an institution of higher learning by a nationally recognized accrediting organization. (2) "Agency" means any agency, department, bureau, board, commission, institution, instrumentality or other organization in the executive branch of the Government of the United States Virgin Islands. (3) "Archives Council" means the United States Virgin Islands Archives Council as established by section 28h of this chapter. (4) "Archives of the Virgin Islands" means those official records or other items that have been determined in accordance with the provisions of sections 28f through 28h of this chapter to have sufficient historical or other value to warrant their continued preservation by the Government of the United States Virgin Islands, and have been deposited with the Archivist. (5) "Archivist" means the Archivist of the Virgin Islands. (6) "Depository libraries" means those libraries where public documents and indexes are deposited, retained and reproduced upon demand, or made available to the general public and governmental agencies. (7) "Library network" means a group of libraries of more than one type (e.g. public, school, academic, institutional, or special) engaged in a common pattern of information exchange, through communications, for some functional purpose. (8) "Library services" means the performance of all activities of a library or library agency. (9) "Office" means the Office of Libraries and Archives within the Department of Planning and Natural Resources. (10) "Public library" means a library that is intended to serve all the residents of a community, district or the Territory, including institutionalized persons and blind and physically handicapped persons, provides its services free of charge, and receives its financial support primarily from public funds. (11) "Records" means all books, papers, maps, photographs, audio or video tapes or other documentary materials, regardless of physical form or characteristics, made or received by any governmental agency pursuant to law or in connection with the transaction of public business. (12) "School library" means a library media center where a full range of printed and audiovisual materials, associated equipment and services are available to students and school personnel in public and non-public elementary and secondary schools. (13) "Special library" means any library which services primarily the employees or members of a business or industrial firm, a government agency or professional association. The term includes "institutional libraries" which means a library within a physically or privately supported institution carrying out a health, welfare or correctional program. (14) "Territorial Librarian" means the Director of the Office of Libraries and Archives. (15) "Territorial library agency" means the official agency of a territory charged by the law of that territory with the extension and development of public library services throughout the Territory. (16) "User" means any individual or group with a desire to use libraries and information facilities. History: Added June 24, 1987, No. 5265, § 304(a), Sess. L. 1987, p. 44.

(a) There is established within the Department of Planning and Natural Resources the Office of Libraries and Archives which shall be headed by a Director. The Office shall be the Territorial Library Agency. (b) The Director of the Office is designated the Territorial Librarian, who shall be appointed by the Governor and suitably qualified to exercise the powers and discharge the duties of this chapter. (c) The powers and duties of the Territorial Librarian shall be: (1) to promote, support, implement and coordinate, as appropriate, library services to the public on a territory-wide basis; (2) to administer and maintain a public library system serving all residents of the Territory; (3) to establish, improve and supervise library services for the visually and physically handicapped, and institutions supported in whole or in part by funds of the Government of the United States Virgin Islands, including orphanages, senior citizens' homes and convalescent homes; (4) to cooperate with the Archivist of the Virgin Islands and, to the extent appropriate, ensure and encourage the collection, preservation, indexing and access to the publications of the Government of the United States Virgin Islands; (5) to fulfill the responsibilities related to the maintenance of "depository libraries" established pursuant to Title 3, chapter 33, VIC; (6) to improve library services for the legislaTitle 3xecutichapter 33, VIC branches of the Government of the United States Virgin Islands through consultation, coordination or administration; (7) to provide, to the extent feasible, those specialized library services not generally appropriate, economical or available in other libraries of the United States Virgin Islands; (8) with the cooperation of the Commissioner of Property and Procurement, and in accordance with the provisions of Title 31, chapter 23, VIC, to negotiate and enter into agreTitle 31r chapter 23, VICoods, services, library materials, research, instruction or for other purposes related to the provision of library services to the public; (9) to seek and accept, on behalf of the Government of the United States Virgin Islands, gifts, grants, bequests, devises, contributions or donations from any public or private source and to administer and dispose of monies in accordance with the purposes of this chapter; (10) to issue rules and regulations governing public library services, including public library hours, lending policies, use of the public libraries and the establishment of a system of fines for borrowers who violate lending policies; (11) to publish an annual report which includes a description of available public library services and materials, outlines of territorial library needs to the public, discussion of long and short range plans for public library development, a list of the minimum national library standards and estimates of the amount of funds necessary to meet those standards; (12) (A) to establish and operate a commercial outlet, research center and reading room for the sale of books, photographs, maps and other related materials; (B) notwithstanding the provisions of Title 31, chapter 23, VTitle 31rdchapter 23, VIC by sale or exchange, library materials or other public library property which are obsolete, duplicative or have ceased to be useful. Sale proceeds of such commercial outlet, research center and reading room, under subparagraph (A) surplus property shall be paid to the Government of the United States Virgin Islands and credited to the Library, Archives and Museums Revolving Fund as established pursuant to Title 33, chapter 111, section 3059, VIC; (13) to present to the Governor for submission to the Legislature an itemized budget request for salaries, facilities, upkeep, equipment, supplies, services, other operating expenses and contributions to the Libraries and Archives Revolving Fund necessary to exercise the powers and discharge the duties of this chapter; (14) to present to the Governor, for submission to the Legislature, requests for capital improvements and acquisitions to provide the necessary physical plants for maintaining and expanding public library services in the Territory; and (15) to perform such other duties pertaining to public library services as may be necessary to fulfill the responsibilities of the territorial library agency or the Office. (d) The Enid M. Baa Library and Archives established as a lending library and archives is continued under this chapter exclusively as the Territorial Archives of the Virgin Islands for the collection, preservation, indexing, management of and access to the publications of the Government of the Virgin Islands and historical materials, including books, correspondence, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, motion pictures, sound recordings, and other objects or materials having historical or commemorative value. History: Added June 24, 1987, No. 5265, § 304(a), Sess. L. 1987, p. 44; amended May 12, 2014, No. 7611, §§ 1(a), (b), (2), Sess. L. 2014, p. 112, 113.

Circulation records and other library records identifying the names of library patrons shall be confidential in nature. All records pertaining to a library patron's use of library resources and services shall not be considered public records as defined in Title 3, chapter 33, section 881, VIC, and shall not be disclosed to the public pursuant to that section. History: Added June 24, 1987, No. 5265, § 304(a), Sess. L. 1987, p. 44.

(a) The Virgin Islands Library Network (hereinafter, referred to as the "Network") is established within the Office of Libraries and Archives. (b) The Territorial Librarian is authorized to promote, participate in and provide administrative library and other services to the Virgin Islands Library Network, but its governance is shared by the agencies representing public, academic, school, special, institutional and other libraries participating in the Network, with policy input from the individual libraries under the purposes and provisions of this section. (c) The purpose of the Network is to provide United States Virgin Islands citizens access to the collective library resources of the Territory by developing a cooperative, coordinated, multitype network of libraries which facilitates identification, location and use of print and non-print materials, and of modern information and available library services; to avoid duplication and to coordinate the sharing of resources, resulting in improved services for users of all participating libraries; and to serve as the United States Virgin Islands link with, and to ensure integration of United States Virgin Islands libraries in, regional and national library networks. (d) The membership of the Network shall include: (1) all public libraries of the Office of Libraries and Archives; (2) each campus library of the University of the Virgin Islands; (3) all secondary school libraries (grades 7-12) and professional and film libraries of the Bureau of Library Services and Instructional Materials (LSIM) of the Department of Education; and (4) the Archives of the United States Virgin Islands. (e) The Network may include, pursuant to rules and regulations established by the Network's governing board, the following voluntary members: (1) libraries serving non-public schools; (2) special libraries; (3) academic libraries; and (4) libraries serving public elementary schools (Grades K-6). (f) (1) The Assistant Director of the Office or such other person designated by the Director of the Office shall be the Coordinator of the Network. (A) The Coordinator shall administer the business of the Network in accord with the policies and priorities set by the Executive Board. (B) The Coordinator shall provide staff support to the Executive Board and maintain all records of the Network and the Board, and perform all duties as assigned by the Board or the Territorial Librarian. (2) The Network shall be governed by an Executive Board (hereinafter, referred to as the "Board") which shall consist of one representative each from the Territorial Library Agency, the Department of Education, the University of the Virgin Islands, and each of the Members Councils as described in subsection (g) of this section. (3) Each representative shall be a person having substantial responsibilities for library services in the member organization, and the representatives from the Members Council shall not be representatives of the other organizations on the Board. (4) Actions of the Network's governing board shall not supersede the jurisdiction of the two campus libraries of the University of the Virgin Islands, the Bureau of Library Services and Instructional Materials of the Department of Education, the Office of Libraries and Archives of the Department of Planning and Natural Resources, the private and parochial school libraries or any of the special or institutional libraries represented in the Network, except in those projects that specifically involve networking. (5) The Board shall elect a Chairman and such other officers as deemed necessary. The Board shall meet at least quarterly. Special meetings may be called by the Chairman or any two members. A majority of the Board shall constitute a quorum. (6) Powers and responsibilities of the Board shall include: (A) setting overall policies and priorities for the Network; (B) reviewing and approving the Network's budget; (C) advising and assisting the Network's staff in securing outside sources of funds; (D) approving proposed agreements or contracts; (E) establishing rules and regulations for membership in the Network; (F) adopting bylaws for the Network and the Executive Board; (G) approving expenditures of Network funds; (H) delegating to the coordinator any of the powers, duties or responsibilities of the Board, as appropriate; and (I) such other powers and responsibilities as necessary to fulfill the intent and purpose of this section. (g) (1) There are established two Members Councils: one Council consisting of one representative of each Network member in the District of St. Thomas-St. John and one Council consisting of one representative of each Network member in the District of St. Croix. (2) Each Members Council shall elect a Chairman who shall serve for one year on the Executive Board; Provided, however, That no person who serves on the Board in another capacity shall be eligible to become Chairman of a Members Council. Each Members Council shall meet at least annually. Special meetings may be called by request of the Board or as provided by the bylaws which each Council shall adopt. (3) Each Members Council shall have the following powers and responsibilities: (A) to advise the Board and staff of needed services; (B) to recommend policies and priorities for Network activities; (C) to approve the admission of new voluntary members who meet requirements set by the Board; (D) to consider and act upon such matters as may be appropriate; and (E) to draft and adopt bylaws for the conduct of business of the Members Council; to nominate and elect any other officers it may consider necessary and to set the terms of office for hose other officers; and to provide for liaison with the Members Council of the other district. History: Added June 24, 1987, No. 5265, § 304(a), Sess. L. 1987, p. 44.

The Territorial Librarian may from time to time appoint temporary citizens' advisory boards, whose members shall serve without pay, to advise on particular library problems or programs. History: Added June 24, 1987, No. 5265, § 304(a), Sess. L. 1987, p. 44.

(a) There is established in the Office of Libraries and Archives, the position of Archivist of the United States Virgin Islands who shall function under the general supervision and control of the Director, in conjunction with the Archives Council. The Archivist shall be appointed by the Governor, on the basis of merit as determined by technical skill, experience and other qualifications best suited to carrying out the purposes of sections 28f through 28h of this chapter. (b) The Archivist shall be the official custodian of the Archives of the United States Virgin Islands and of all other records which are transferred to him from any agency, and he shall be responsible for the management, disposition and preservation of all material in his custody. (c) Subject to the approval of the Governor, the Archivist shall: (1) establish standards, regulations and procedures for the selection, retrieval, copying, if necessary, and preservation of records, or the acceptance for incorporation in the Archives of the United States Virgin Islands of any documents, materials or items of whatever kind and from any source within or outside the United States Virgin Islands, that have sufficient historical or other value to warrant their continued preservation by the Government, and enter into such contracts or agreements with such individuals or entities, public or private, as may be necessary or desirable in acquiring such records, documents, materials or items; (2) establish standards, regulations and procedures for the determination and deposit of records which do not or will not, after the lapse of specified periods of time, possess sufficient administrative, legal, fiscal, historical or other research value to warrant their further retention; provided, no records known to pertain to unsettled accounts, claims, incomplete investigations or pending litigation shall be destroyed until satisfactory settlement of the matter has been made; (3) establish standards, techniques and procedures for the economical and efficient management of records; (4) establish regulations and procedures for the selection and protection of records essential to the continuity of Government operations and the protection of the rights and interests of individuals in the event of any emergency; (5) establish standards for the reproduction of records by photographic, microphotographic or other processes with a view to the disposal of the original records. Reproduction made in compliance with such standards shall have the same force and effect as the originals thereof would have and shall be treated as originals for the purpose of their admissibility in evidence; (6) establish, maintain and operate a records facility for storing and servicing records for agencies pending their deposit with the Archives of the United States Virgin Islands or their disposal as authorized in accordance with section 28f, subsection (c), paragraph (2) of this chapter; and (7) inspect or survey the records of any agency, and make surveys of records management practices in the various agencies and make recommendations thereon. Records, the use of which is restricted by or pursuant to law or for reasons of security or the public interest, may be inspected or surveyed by the Archivist, subject to the same restrictions imposed upon employees of the agency holding the records. History: Added June 24, 1987, No. 5265, § 304(a), Sess. L. 1987, p. 44.

(a) The head of any Government agency may turn over to the Archivist for administration, disposition and preservation such records in his custody as are not needed for transaction of current business of his office. (b) The head of each agency shall: (1) establish and maintain an active continuing program in accordance with the standards and procedures established by the Archivist for the economical and efficient management and disposition of the records of the agency; and (2) make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency designed to furnish information to protect the legal and financial rights of the Government and of persons directly affected by the agency's activities. (c) Notwithstanding any provision of law, an official of the Government who is authorized to certify to facts on the basis of records in his custody may certify to facts on the basis of records that have been transferred by him or by his predecessors to the Archivist, and may direct the Archivist to certify to such facts and to make administrative determinations on the basis of records transferred to the Archivist. History: Added June 24, 1987, No. 5265, § 304(a), Sess. L. 1987, p. 44.

(a) There is established in the Office of Libraries and Archives the United States Virgin Islands Archives Council. The Archives Council shall be comprised of twelve members consisting of the Attorney General, the Commissioner of Education, the Commissioner of Finance, the Director of the Office of Management and Budget, the Lieutenant Governor, the President of the University of the Virgin Islands, the Chief Justice of the Supreme Court and the Territorial Librarian, all of whom shall serve as members ex officio and without compensation. Any ex officio member may, with the approval of the Governor, designate another person to represent him on the Archives Council. In addition to the ex officio members, the Governor shall appoint four other members to the Archives Council, who shall not be Government officers or employees, for four-year terms, two members who are residents of the District of St. Thomas-St. John and two members who are residents of the District of St. Croix; provided, that of the members first appointed, one member from each District shall be appointed for a two-year term and one member from each shall be appointed for a four-year term, as determined by the Governor. Appointed members shall receive a per diem of $30 for each day or part thereof spent in attending meetings of the Archives Council, plus actual travel expenses incurred thereby. The Governor shall select one of the members to serve as Chairman of the Archives Council, to serve in such capacity at the pleasure of the Governor. (b) The Archives Council shall review the standards, regulations and procedures developed by the Archivist in order to effectuate the provisions of sections 28f through 28h of this chapter, and shall make such recommendations to the Governor with respect thereto or with respect to any other matters affecting the archives. History: Added June 24, 1987, No. 5265, § 304(a), Sess. L. 1987, p. 44; amended July 30, 2016, No. 7888, § 9(a), Sess. L. 2016, p. 113.

Short Title (a) This Act may be cited and referred to as the "Executive Succession Act of 1972". Temporary Absence or Disability (b) Except as provided in subsection (d) in the event of temporary absence or disability of both the Governor and the Lieutenant Governor, the powers of the office of Governor shall devolve upon the person occupying the office listed in this subsection, who is physically present within the Virgin Islands of the United States, in the following order: 1. The Commissioner of Finance 2. The Attorney General 3. The Director of the Office of Management and Budget 4. The Commissioner of Education 5. The Commissioner of Public Works 6. The Commissioner of Housing, Parks and Recreation 7. The Police Commissioner 8. Such other official or employee of the Government of the United States Virgin Islands as may be designated by resolution enacted by the Legislature of the Virgin Islands. Permanent Vacancy (c) Except as provided in subsection (d) in the event of a permanent vacancy in the offices of both Governor and Lieutenant Governor, the powers of the Governor shall be exercised by an Acting Governor, who shall be the person physically present in the Virgin Islands of the United States in the order set forth as follows: 1. The President of the Legislature 2. The Vice President of the Legislature 3. The Commissioner of Finance 4. The Attorney General 5. The Director of the Office of Management and Budget 6. The Commissioner of Education 7. The Commissioner of Public Works 8. The Commissioner of Housing, Parks and Recreation 9. The Police Commissioner 10. Such other official or employee of the Government of the United States Virgin Islands as may be designated by resolution enacted by the Legislature of the Virgin Islands. The Acting Governor shall serve until the office of Governor has been filled by one of the following procedures: (1) In the event such vacancies occur fewer than 160 days prior to the next general election, the offices of Governor and Lieutenant Governor shall be filled at the next general election for the unexpired term, if any, in the same manner as prescribed by the laws of the Virgin Islands for the regular election of the Governor and Lieutenant Governor; however, the successful candidates shall assume the offices of Governor and Lieutenant Governor immediately upon the certification of their election in the manner prescribed by law. (2) In the event such vacancies occur more than 160 days prior to the next general election, the offices of Governor and Lieutenant Governor shall be filled at a special election to be held within 60 days from the date such vacancies occur at the call of the Acting Governor. Candidates for Governor and Lieutenant Governor in such special election shall be nominated in a manner provided by the party rules or bylaws of the qualified political parties of the Virgin Islands or by nominating petition, which petition shall conform to the requirements of section 381 of Title 18 of the Code. (d) The powers of the Office of the Governor may not devolve upon any person temporarily assigned to the executive branch pursuant to section 451b of this title, or assigned pursuant to any other intergovernmental, temporary personnel exchange program. History: Added July 27, 1972, No. 3280, Sess. L. 1972, p. 247; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; amended Mar. 17, 2016, No. 7836, § 4(1), (2), Sess. L. 2016, p. 3.

(a) The Lieutenant Governor shall receive a salary of $125,000 per annum, payable in equal bi-weekly installments. (b) In addition to such duties as may be assigned to him by the Governor or prescribed by the Revised Organic Act of the Virgin Islands, as amended, the Lieutenant Governor shall perform such duties and functions as the Legislature may from time to time prescribe. (c) The Lieutenant Governor shall, through the Lieutenant Governor's Office collect public sewer system user fees and property taxes and shall perform all ancillary duties as provided in subsection (b) of this section and title 33 Virgin Islands Code, chapter 89. History: Added Feb. 12, 1969, No. 2431, § 1, Sess. L. 1969, p. 83; amended Jan. 13, 1975, No. 3660, § 3, Sess. L. 1974, p. 291; Apr. 26, 1979, No. 4278, § 8, Sess. L. 1979, p. 29; Jan. L, 1987, No. 5249, § 1(b), Sess. L. 1986, p. 439; Jan. 3, 1991, No. 5690, § 3(b), Sess. L. 1990, p. 505; Dec. 29, 2006, No. 6905, § 8(b), Sess. L. 2006, p. 351; Dec. 22, 2007, No. 6976, § 1, Sess. L. 2007, p. 204.

Cite as: 3 V.I.C. § 32, 33

(a) There is established in the Office of the Lieutenant Governor, an Office of Legal Publications to acquire, distribute and sell any and all publications which the Lieutenant Governor deems necessary to assure public access to all laws, documents, regulations, rules and otherwise pertaining to the Virgin Islands of the United States, which Office shall be administered by the Lieutenant Governor, or his designee, in accordance with such rules and regulations, as he shall promulgate as provided by law. (b) The Lieutenant Governor is authorized to exercise all powers required to implement this section, including the acceptance of donations, gifts and grants. (c) Notwithstanding any other provision of law to the contrary, except for the libraries of the Executive, the Legislature, the Judiciary, and all publicly supported libraries, no legal publications shall be distributed by the Lieutenant Governor except by sale at such price per copy as may from time to time be established by regulations promulgated by him as provided by law. (d) There is hereby created the Legal Publications Revolving Fund which shall be constituted of all monies received by the Office of Legal Publications in payment for publications from any purchaser including the Government of the United States Virgin Islands, its agencies, departments or instrumentalities, together with any and all other donations, gifts, grants or otherwise received by the Office of Legal Publications, as well as so much of the annual appropriations for operation of the Office of the Lieutenant Governor as the Lieutenant Governor may transfer to the Legal Publications Revolving Fund. (e) The Commissioner of Finance shall maintain and provide for the administration of the Legal Publications Revolving Fund as a separate and distinct fund in the Treasury of the Virgin Islands and no funds therein shall be available for expenditure except as provided by this section. (f) All monies deposited into the Legal Publications Revolving Fund shall be disbursed by the Commissioner of Finance exclusively for the expenditure by the Lieutenant Governor, for any and all supplies and equipment, contractual services and such other necessary services as may be incidental thereto for the operation and maintenance of the Office of Legal Publications. The Lieutenant Governor or his designee shall be Certifying Officer for such disbursements. (g) The Commissioner of Finance shall submit an Annual Report to the Governor and the Legislature, reflecting receipts and expenditures pertaining to the Legal Publications Revolving Fund. History: Added Sept. 1, 1972, No. 3298, Sess. L. 1972, p. 435; amended Feb. 4, 1982, No. 4680, § 4, Sess. L. 1982, p. 36.

(a) As used in this chapter: (1) "Commissioner" means the Commissioner of Insurance. (2) "Division" means the Division of Banking, Insurance and Financial Regulation. (b) The Division of Banking, Insurance, and Financial Regulation is established in the Office of the Lieutenant Governor of the Virgin Islands. The Division has general authority and jurisdiction to regulate and supervise banks, financial institutions, licensed lenders, mortgage lenders, mortgage brokers, insurance companies, insurance agents, insurance brokers, insurance adjusters, broker-dealers, agents, investment advisers, investment adviser representatives, federally covered investment advisers and other similar persons doing business in this Territory subject to titles 9, 12A and 22 of the Virgin Islands Code. (c) The Division is headed by a Director whose duties are prescribed by the Lieutenant Governor. (d) In accordance with the general powers and duties conferred by 22 V.I.C. § 53, the Lieutenant Governor, as Commissioner of Insurance, may employ and fix the compensation of personnel and incur expenses for the proper administration of the Division. History: Added Jan. 20, 2017, No. 7962, § 1, Sess. L. 2016, p. 303, 304.

Codes; Record (a) The following entities, in addition to satisfying the requirements of the Division of Corporations and Trademarks under title 13 of the Virgin Islands Code, shall comply with the applicable licensure requirements set forth in titles 9, 12A, and 22 of the Virgin Islands Code, and with any regulations promulgated by the Division: (1) banks; (2) financial institutions; (3) licensed lenders; (4) mortgage lenders; (5) mortgage brokers; (6) insurance companies; (7) insurance agents, brokers, adjusters; (8) broker-dealers; (9) agents; (10) investment advisers; (11) investment adviser representatives; (12) federally covered investment advisers; and (13) other similar persons doing business in this Territory. (b) The Director shall keep on file for a reasonable period such instruments, papers and documents required by law to be filed with the Commissioner History: Added Jan. 20, 2017, No. 7962, § 1, Sess. L. 2016, p. 304.

(a) It is unlawful during the term of office or while employed by the Division for the Commissioner, Director or any employee of the Division to be an officer, director, organizer, employee of or attorney for or otherwise be directly or indirectly interested in any institution subject to the supervision of, or regulation by the Division. (b) It is unlawful for the Commissioner, Director and employees of the Division during their terms of office or employment to receive directly or indirectly any payment or gratuity from any institution subject to the supervision of, or regulation by the Division or be engaged in the negotiation of loans for others with any such institution. The prohibitions contained in this subsection may not be construed as prohibiting a person from being a depositor, equity interest owner, or member in any financial institution or an insurance policyholder or equity interest owner on the same terms as are available to the public generally. (c) If the Commissioner, Director, or any employee of the Division, or the spouse of any of them, or the son or daughter of any of them residing at their respective homes obtains a loan from or holds an equity interest in any financial institution subject to supervision of, or regulation by the Division, the fact of the loan or of the holding of the equity interest and the appropriate terms and conditions, must be disclosed immediately to the Commissioner in writing by the person obtaining the loan or holding an equity interest. (d) A record of the indebtedness or holding of an equity interest described in subsection (c) must be kept on file in the Division and must be open to inspection by the public. (e) The Commissioner or the Director shall investigate any loan or equity interest of a Division employee to ensure that no preferential treatment was given to the Division employee in the process of granting the loan or issuing the interest and that the loan or interest will not compromise the employee's effectiveness in carrying out the employee's employment duties. If the loan has been obtained by, or if the interest is held by the Commissioner, the Office of the Inspector General shall conduct the investigation. History: Added Jan. 20, 2017, No. 7962, § 1, Sess. L. 2016, p. 304, 305.

(a) The Banking Board of the United States Virgin Islands, as heretofore established within the Office of the Government Secretary, is reestablished within the Office of the Lieutenant Governor. (b) The Board shall be composed of six members, as follows: (1) Four members appointed by the Governor with the advice and consent of the Legislature; (2) The Lieutenant Governor, who shall serve as Chairman of the Board; and (3) The Commissioner of Finance, who shall be a member ex officio, and who shall serve as Secretary of the Board. Of the four members appointed by the Governor, two shall reside in the District of St. Croix and two shall reside in the District of St. Thomas-St. John. (c) All members shall serve for a period of two years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor. (d) The appointed members may be removed by the Governor for cause. (e) In addition to the performance of its functions prescribed by law, the Board shall perform such functions as the Governor prescribes or as required by federal law. History: Added Nov. 28, 1987, No. 5289, § 4, Sess. L. 1987, p. 151.

History: Repealed. Oct. 14, 1986, No. 5211 § 8(a), Sess. L. 1986, p. 325.

(a) The heads of the several executive departments referred to in this title shall prepare and submit to the Governor the reports as required by the Revised Organic Act of the Virgin Islands, approved July 22, 1954, or by the Governor. (b) The heads of all departments, agencies, independent boards, commissions and authorities of the Government of the Virgin Islands shall report to the Department of Finance, on a semi-annual basis, a complete breakdown of actual monthly expenses incurred for electricity use in every office and building under their respective jurisdictions. The Commissioner of Finance shall compile and analyze such data, and report annually to the Legislature on his findings, as well as his recommendations. History: Amended Feb. 4, 1982, No. 4677, Sess. L. 1982, p. 32.

The functions and duties of the Commissioners heading the executive departments referred to in this title, which are imposed upon them by this Code or other laws, shall be performed by them, or, subject to their supervision and direction, by such officers, employees, divisions, bureaus, or other bodies or groups within their respective departments as they designate. This section shall not be construed as conferring any power on the Commissioners to delegate their duty to administer and supervise their respective departments, to serve on boards or commissions, or to issue rules or regulations, as prescribed by law, or their duty to have the ultimate responsibility for the proper performance of the functions vested in them or their respective departments.

Additional Functions All jurisdictional conflicts between or among the several executive departments referred to in this Code shall be resolved by the Governor, and all functions, powers and duties which are not specifically allocated to the departments are retained by the Governor and may be assigned by him to any one of the departments as he deems advisable.

(a) Whenever a vacancy occurs in any Executive department, agency or office, which vacancy is required by law to be filled with the advice and consent of the Legislature, the Governor shall forward to the Legislature, a nomination to fill such vacancy within ninety (90) days after the vacancy occurs. Once received, should the Legislature fail to either approve or disapprove the nomination by the ninetieth day following the first day the Legislature next meets in either regular session or in a special session the agenda for which includes consideration of the nomination, whichever meeting occurs first, then the advice and consent of the Legislature shall be deemed to have been given on the nomination at the end of that ninetieth day. (b) The Governor may at any time during the one ninety (90) day period described above designate an individual to act as the head of the Executive department, agency or office without obligation to forward the nomination of that individual to the Legislature to fill the existing vacancy. (c) An individual designated by the Governor as the head of an Executive department, agency or office shall receive the compensation provided by law for that position from the date of designation, whether or not the Governor forwards a nomination of that individual to the Legislature to fill the existing vacancy. (d) No person shall serve in the capacity as head of an Executive department, agency or office which is required by law to be filled with the advice and consent of the Legislature, without such advice and consent having been conferred, for more than 180 days; Provided, however, That the Governor may extend such period for such additional number of days as may be agreed upon by the Legislature. History: Amended Apr. 19, 1978, No. 4130, § 1, Sess. L. 1978, p. 81; Dec. 19, 1984, No. 5027, § 1, Sess. L. 1984, p. 407.

Commissions Notwithstanding any other law, each member of a board or commission established by law within the executive branch of government shall receive $75.00 for each day or part thereof spent in the attendance of official meetings of said board or commission, plus actual travel expenses when the member must travel from the island of his residence to attend such official meetings. History: Amended May 16, 1957, No. 160, § 7, Sess. L. 1957, p. 21; Mar. 24, 1983, No. 4792, § 1, Sess. L. 1983, p. 20; Sept. 28, 1990, No. 5636, § 1(a)(3), Sess. L. 1990, p. 345; Oct. 1, 2002, No. 6533, § 12, Sess. L. 2002, p. 427.

(a) Notwithstanding any other provision of law to the contrary, whenever a vacancy occurs in the membership of any board, commission or governing board of any authority within a department, office or other instrumentality of the Government of the United States Virgin Islands, by virtue of the expiration of term of a member, said vacancy shall be filled in the manner provided by law within sixty (60) days after the date of occurrence of the expiration of term. The Governor of the Virgin Islands may nominate a person to a board or commission, sixty (60) days before the expiration of the term of an existing member of the board or commission. (b) If the vacancy is not filled within the sixty (60) day period required by subsection (a) of this section, and the result is that the number of current members is insufficient to constitute a quorum of that board, commission or governing board, all official actions of said board, commission or governing board shall be null and void, and of no force and effect, from the expiration date of said sixty (60) day period until such time as a quorum of members is established by the filling of the vacancy or vacancies as provided by law. (c) Notwithstanding any other provision of law to the contrary, no person shall be appointed to membership on more than two Governmental Boards or Commissions, nor shall a person be eligible to serve on a Board or Commission for a period in excess of two terms except upon a finding by the Legislature that the person has given exceptional service on such Board or Commission. (d) Notwithstanding any other law to the contrary, no Commissioner or Director of any department, agency or office of the Executive Branch of the Government of the Virgin Islands shall be appointed to or serve as a member of more than two boards or commissions of any autonomous or semi-autonomous agency of the Government simultaneously, nor shall the commissioner or director serve on more than two of any other governmental or quasi-governmental boards or commissions during the period of time that the commissioner or director is serving on the board or commission of any autonomous or semi autonomous agency. (e) Notwithstanding any other law to the contrary when filling vacancies to any board, commission, or governing body with a statutorily-designated department commissioner or other agency executive, the Governor of the Virgin Islands may appoint an alternative representative head, who may be any other commissioner, deputy commissioner, assistant commissioner, director or executive officer of any department, agency or office of the executive branch of government. The representative head appointed in place of a statutorily-designated department commissioner shalt maintain the responsibilities and decision- making authority of the commissioner that would have been appointed to that board or commission. (f) The Governor may appoint up to two persons who reside outside of the Territory to fill vacancies on a board or commission in any district or island, as the case may be, notwithstanding any residency requirements prescribed by law. When making the nomination, the Governor must specify which residency- restricted seat the nominee will fill. To be eligible to serve on a board or commission, in addition to meeting any professional qualifications prescribed by the law governing the board or commission's membership, a nominee residing outside the Territory must retain familial or business connections to any island of the Territory and must have expertise in the subject matter under the board or commission's jurisdiction. (g) The Governor or other appointing authority shall make a good-faith effort to ensure that the membership, except the ex-officio membership, of each appointive board or commission is gender balanced and reflects the gender diversity of the Territory to the extent feasible and to the extent that appointees are qualified to serve on the boards and commissions. If there are multiple appointing authorities for a board or commission, the appointing authorities shall consult in order to comply with this subsection. History: Added Apr. 10, 1974, No. 3554, § 1, Sess. L. 1974, p. 80; amended June 29, 1981, No. 4605, § 1, Sess. L. 1981, p. 100; Aug. 12, 2004, No. 6681, § 2, Sess. L. 2004, p. 157; July 18, 2012, No. 7382, § 1, Sess. L. 2012, p. 179; amended May 19, 2021, No. 8445, §§ 1; 2(a)-(d), Sess. L. 2021, p. 9, 10; amended Dec. 6, 2021, No. 8507, § 1, Sess. L. 2021, p. 201; amended June 27, 2023, No. 8732, § 4, Sess. L. 2023, p. 55.

Commissions Prior to the submission of a nomination to the Legislature to fill a vacancy on a board or commission, which nomination requires the advice and consent of the Legislature; the Governor shall cause to be printed in a newspaper of general circulation in each island district, a public notice that a vacancy exists. Such notice shall state the name of the board or agency on which the vacancy occurs, the fact that the Governor will be submitting a nomination to the Legislature, any qualifications required by law of prospective nominees, and an invitation to the public and organized groups to recommend persons to the Governor for nomination to fill the vacancy. The public notice shall be published not less than twice a week for two consecutive weeks. History: Added Jan. 5, 1982, No. 4660, Sess. L. 1981, p. 283.

Notwithstanding any other provision of law to the contrary, whenever the provision of any law provides that the head of an executive department of the Government of the United States Virgin Islands or the head of any administrative unit or bureau within an executive department of the Government of the United States Virgin Islands shall be appointed or nominated by the Governor with the advice and consent or approval of the Legislature of the Virgin Islands, such advice and consent or approval shall not be considered as having been given until a majority of all the members of the Legislature have voted in the affirmative on such appointment or nomination. History: Added June 14, 1983, No. 4836, § 3, Sess. L. 1983, p. 99.

(a) Notwithstanding any law to the contrary, no person who has been convicted of a felony shall be eligible to serve on any board or commission of the Government of the United States Virgin Islands, including its independent instrumentalities. (b) Notwithstanding any law to the contrary, any person serving on a board or commission of the Government of the United States Virgin Islands, including its independent instrumentalities, if convicted of a felony shall upon conviction be ineligible to continue as a member of such board or commission. (c) No member serving on a board or commission may continue to serve as a board or commission member while simultaneously serving as an employee of that board or commission. No person may serve as an employee of a board or commission, in any capacity, within one (1) year of having served as a board or commission member of the same board with which he or she is seeking employment. (d) The prohibition against serving on a board or commission pursuant to this section shall not apply to any person who has received an official pardon pursuant to section 11 of the Revised Organic Act. (e) (1) Notwithstanding any law to the contrary, a person whose nomination has been disapproved by the Legislature may not serve on a board or commission more than 60 days after such disapproval. (2) If a person whose nomination has been disapproved by the Legislature serves on a board or commission more than 60 days after such disapproval all official actions of the board shall be null and of no effect from the expiration of the 60th day. History: Added June 1, 1984, No. 4951, § 7, Sess. L. 1984, p. 153; amended Nov. 23, 2004, No. 6717, § 4, Sess. L. 2004, p. 262; May 11, 2007, No. 6920, § 1, Sess. L. 2007, p. 32; amended Sept. 17, 2012, No. 7394, § 12, Sess. L. 2012, p. 239-240.

Notwithstanding any other provision of law to the contrary, any government employee who is a member of a board or commission established by law within the government of the Virgin Islands must be granted paid administrative leave for time spent during regular working hours in attendance of official meeting and functions of the board or commission. History: Added Sept. 11, 2009, No. 7090, § 1, Sess. L. 2009, p. 156.

Violation (a) The books, records, documents, letters, and other papers created or received by any officer or employee of the Government of the United States Virgin Islands in the performance of his official duties are the property of such government, and, unless otherwise provided by law, shall be preserved, and shall be delivered by him to his successor in office. (b) Whoever, being such an officer or employee, refuses or willfully fails or neglects to deliver such books, records, documents, letters, or papers to his successor in office, shall be fined not more than $500 or imprisoned not more than 1 year, or both. (c) Subsection (b) of this section shall not apply to any officer or employee who, under authority of law, disposes of any books, records, documents, letters, or papers in a manner otherwise than that provided in subsection (a) of this section.

(a) For the purpose of aiding and cooperating in the planning, undertaking, carrying out, development, construction, maintenance and operation of federally assisted programs or projects, and to enable the Government of the United States Virgin Islands, through its several executive departments, agencies and instrumentalities, to qualify for federal assistance in such programs or projects, the heads of said executive departments, agencies and instrumentalities, subject to the prior approval of the Governor and the Finance Committee of the Legislature, are hereby empowered and authorized to participate in the programs and projects of the Federal Government in the respective authorized fields of activity of such departments, agencies and instrumentalities, and in connection with such participation, and in addition to powers otherwise conferred by law, to enter into contracts and agreements with the Federal Government for any purposes related to such approved programs and projects. The Governor and the Finance Committee of the Legislature shall be notified by the department, agency or instrumentality through the Department of Human Services, Virgin Islands State Clearinghouse, at the earliest possible time of its intention to participate in a federally assisted program or project and in no event shall notification of any application for said participation be made later than forty-eight hours (Saturdays, Sundays and legal holidays excepted) after the time of said application or receipt of any unilateral action of the funding agency. The Governor and the Finance Committee of the Legislature shall have a reasonable time as determined by the Governor from the date of any notification of intent to participate in a federally assisted program or project to indicate, in writing, his or its desire to review the application for participation and, if no such written notification is made, approval by the Governor or the Finance Committee of the Legislature, as the case may be, shall be presumed at the expiration of a reasonable time as determined by the Governor. If notification of intent to review is made by the Governor or the Finance Committee of the Legislature, said review and either approval or disapproval shall be accomplished within a reasonable time as determined by the party requesting the review immediately following the date of notification, otherwise approval of participation in said program or project shall be presumed at the expiration of such period. For those Projects or Programs for which matching appropriations or other enabling legislation has been enacted, approval of the Governor and the Legislature may be presumed. With respect to any approved program or project, said departments are authorized- (1) to comply with such contracts, and any Federal rules, requirements, rFederal rules and procedures applicable to such programs or projects; (2) to receive contributions or grants, and accept other forms of financial assistance from or through the facilities or guarantees of the Federal Government, and to accept and comply with such conditions as the Federal Government may impose upon, or attach to its financial aid; (3) to comply with any conditions imposed by the Federal Government in connection with participation in such programs or projects relating to wages and hours of labor, labor standards and compliance with Title VI oTitle VI of the Civil Rights Act64, P.L. 88-352; (4) otherwise to comply fully with any conditions imposed by the Federal Government upon participation by the various executive departments in such approved programs or projects, it being the intent of this section to enable such departments to do any and all things necessary to secure participation in the federally assisted and approved programs and projects and to qualify for Federal financial aid in the same. (b) Notwithstanding any other provision of law, all funds which are received by the Government of the United States Virgin Islands from the Department of Housing and Urban Development Secretary's Community Development Block Grant shall be allocated equally between the district of St. Croix and the district of St. Thomas and St. John. History: Added July 2, 1965, No. 1487, Sess. L. 1965, Pt. I, p. 382, 383; amended Aug. 1, 1977, No. 4034, § 1, Sess. L. 1977, p. 187; June 22, 1998, No. 6238, § 3, Sess. L. 1998, p. 359.

Government Loans and Leaves of Absence Every Commissioner, Director, Board, and every other person or group of persons in any department, bureau, division, or any other agency of the Government of the United States Virgin Islands who, on the effective date of these provisions, is or who shall thereafter be authorized and empowered to grant government loans, shall or may, before making any such grant on and after such effective date, require an agreement as follows, but not in contravention of the provisions of any other law: (1) Any employee of the Government of the United States Virgin Islands who is granted a loan under any provisions in the law shall be required, as a prior condition to such grant, to execute a contract with said Government agreeing that he will repay such loan, with any interest thereon required by law, by a deduction from his regular salary of not less than five percent and not more than twenty percent until the loan with any interest has been repaid in full and that the Government may make the necessary deductions. (2) In the case of a loan granted under any provisions of the law to any person employed by other than the Government of the United States Virgin Islands, the Commissioner, Director, Board, or other person or group of persons granting the loan may require, as a prior condition to such grant, a contract among the Government, the grantee, and the employer of the grantee to the effect that such employer will withhold an amount from the grantee's regular salary equal to not less than five percent and not more than twenty percent and that such employer will transmit such amount regularly to said Government so long as the grantee is in his employ and the loan with any interest thereon required by law has not been repaid in full. (3) Any grantee under the provisions of subdivisions (2), and (3) of this section shall be required to agree further that, in the event that he leaves the service of the Government, if he is a grantee under subdivision (2), or in the event that he leaves the service of his employer, under subdivision (3), the Government of the United States Virgin Islands may negotiate and execute an agreement with any subsequent employer of the grantee to the effect that such employer will withhold an amount from the grantee's regular salary equal to not less than five percent and not in excess of twenty percent and that such employer will transmit such amount regularly to said Government so long as the grantee is in the employ of such employer and the loan with any interest thereon required by law has not been repaid in full. History: Added Apr. 15, 1966, No. 1723, Sess. L. 1966, p. 230; amended July 9, 1968, No. 2272, § 3, Sess. L. 1968, Pt. II, p. 200.

Any department or agency of the Government of the United States Virgin Islands may, with the approval of the Governor, and within the limits of appropriated funds or by means of gifts, donations, or grants, engage in and undertake experimentation in the techniques and methods for weather modification, and may cooperate therein with the Federal government, with authorized agencies of other states, and with interested persons and organizations. History: June 15, 1966, No. 1748, Sess. L. 1966, p. 332.

No department, office, commission, agency, or other instrumentality of the executive, legislative or judicial branch of the Government of the United States Virgin Islands may rent office space except through the Department of Property and Procurement. History: Added Apr. 17, 1967, No. 1913, § 1, Sess. L. 1967, p. 106; amended Nov. 7, 1988, No. 5396, § 1, Sess. L. 1988, p. 374.

The Department of Housing, Public Works, Health, Finance and U.S. Virgin Islands Police Department (V.I.P.D.) shall cause to be printed in both English and Spanish application forms and instructional materials for services or benefits available to the general public, tax forms and returns, license application for any businesses, trade or profession required to be licensed by this code and administrative rules and regulations which pertain to services, benefits, licenses and/or certain permits and traffic signs offered or granted by such Department; Provided, however, That no forms or materials referred to in this section shall be printed in the Spanish language without the prior approval of the Governor or his designee. History: Added Apr. 6, 1971, No. 2974, Sess. L. 1971, p. 89, 90; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Every department, office, agency, bureau, commission or other instrumentality of the Government of the Virgin Islands, directly involved in the furnishing of information or the rendering of services to the public, shall be required employ to answer all initial telephone calls from the public to the agency's main number during regular business hours (8:00 a.m. to 5:00 p.m.) so as to provide for prompt, personal, initial, telephone contact with the government agency. History: Added Nov. 27, 2001, No. 6473, § 1, Sess. L. 2001, p. 310.

(a) Every Government of the Virgin Islands department or agency on St. Croix, St. Thomas and St. John must post a sign at the entrance to each office in every public building, as defined in title 29 Virgin Islands Code, chapter 5A, section 321(b), in which services are provided to, or contact is made with the public, listing the specific services offered within. The sign must also contain the words "A detailed checklist of the steps necessary to obtain services, including documents needed, action that will occur at each step, any cost, and hours of operation, is available inside and on the Department or Agency's website." (b) Every department or agency of the Government of the Virgin Islands must provide all oral or written communications to the public in both English and Spanish. History: Added Jan. 31, 2014, No. 7580, § 3, Sess. L. 2014, p. 4; amended Jan. 12, 2024, No. 8788, § 5, Sess. L. 2023, p. -.

(a) The Legislature finds that existing Federal Programs for the aged are inadequate to fulfill the needs of the senior citizens of this Territory. The purpose of this section is to require the Territory to supplement existing Federal programs and to establish and support new programs to be operated by the local government or non-profit organizations of senior citizens which will promote the independence, maximum functioning capacities, self-esteem and integrity of senior citizens. (b) The Commissioners of Health and Human Services are directed to supplement existing Federal programs, the administration of which is currently within their respective areas of responsibility, and establish new programs consistent with the purposes of this section. Such programs shall include but not be limited to the: (1) Expansion and supplementation of nutrition programs authorized by Federal law to include improved meals, transportation, modified diets and outreach; (2) Expansion and supplementation of day care services for the aged and home health care programs to provide restorative care in community settings which provide opportunities for the disabled and elderly to remain in their own environment; (3) Expansion and supplementation of volunteer stipend programs which provide meaningful tasks for senior citizens and creation and financial or other support of senior citizens training and service centers which may be operated by governmental agencies or by non-profit organizations of senior citizens under such terms as may be determined by the appropriate department or agency. Programs authorized by this section which may be sponsored by non-profit organizations of senior citizens may be supported by the government as the department or agency may determine, depending upon the availability of funds. (4) There is hereby authorized to be appropriated to the Departments of Health and Human Services from available funds in the Treasury of the Virgin Islands for the fiscal year July 1, 1977 to June 30, 1978 such sums as may be necessary to implement the provisions of this section, which amounts shall remain available until expended. History: Added Nov. 14, 1977, No. 4066, Sess. L. 1977, p. 270.

(a) Notwithstanding any other law, any classified employee of any government department, agency, independent board, commission or authority whose job will no longer be performed as a result of the transfer of his function to a private entity operating under contract with the government, shall be provided the option of continuing his government service by transferring to any vacant government position for which he is qualified without the loss of any benefit. In the event that no such position is immediately available in the government, the employee shall have the right of first refusal for any such vacancy arising in any department, agency, independent board, commission or authority within twelve (12) months after the notice of the election of the option is submitted by the government employee as provided under subsection (b) of this section. (b) Notice of the transfer of the function must be made by the department, agency, independent board, commission or authority within six (6) months prior to the effective date of the contract for transfer, and notice of the election of the option by the government employee must be made in writing to the Director of the Division of Personnel and the private entity at least thirty (30) days prior to the effective date of the contract. (c) In the event six (6) months notice is not given as provided under subsection (b) of this section, employees may exercise the option at any time prior to the effective date of the contract. History: Added Apr. 6, 1994, No. 5964, § 3, Sess. L. 1994, p. 29.

(a) Notwithstanding any other law, any department, agency, independent board, commission or authority of the government of the Virgin Islands or the Legislature of the Virgin Islands which has a need for a research project or study that cannot be accomplished within that organization by a regular employee of that organization, shall first seek assistance from the University of the Virgin Islands. (b) If the University is able to provide the required assistance, the department, agency, independent board, commission or authority or the Legislature shall enter into a contractual agreement with the University. History: Added Dec. 2, 1999, No. 6333, § 28, Sess. L. 1999, p. 201.

As used in this subchapter, (1) The term "governmental agency" or "agency" means a governmental entity established under this part of the executive branch. (2) The term "customer" means any individual or any governmental or non governmental entity to which the agency provides services. History: Added Sept. 11, 2008, No. 7003, § 2, Sess. L. 2008, p. 123.

(a) The Director of Personnel and the Director of the Office of Management and Budget shall jointly develop- (1) uniform performance measures to determine whether government agencies are providing high quality customer service; and (2) uniform standards to be met by government agencies and for providing high quality customer service. (b) The official identified shall develop the performance standards after taking into account the information collected by government agencies under subsection (c). (c) The head of each governmental agency shall collect information from its customers regarding the quality of services the agency provides. The information may be collected through a survey, focus groups, or such other appropriate methods as may be approved by the Director of Personnel. Not later than one year after the date of the enactment of this subchapter, the head of each government agency shall submit to the Director of Personnel a report on the information collected. History: Added Sept. 11, 2008, No. 7003, § 2, Sess. L. 2008, p. 124.

(a) The head of each government agency shall designate an employee to be the customer relations representative of the agency. The representative is responsible for implementing the customer service standards developed under section 76, subsection (a)(2) and the agency requirements under subsection (c). (b) The head of each governmental agency, acting through its customer relations representative, shall prescribe, subject to the approval of the Director of the Division of Personnel, regulations to implement the customer service standards developed under section 76(a)(2). The regulations must include specific principles of customer service applicable to that agency and must be placed strategically throughout the agency and made available on the agency's public website. History: Added Sept. 11, 2008, No. 7003, § 2, Sess. L. 2008, p. 124.

(a) The Director of Personnel shall inspect each government agency each year and evaluate each agency's customer service performance to determine whether it is meeting the standards for customer service developed under section 76(a)(2). (b) After inspection of a government agency, the Director of Personnel shall annually provide to the agency a report on its customer service performance. (c) The Director of Personnel shall annually submit to the Governor and the Legislature's Committee on Government Operations a report on the performance of customer service by government agencies. History: Added Sept. 11, 2008, No. 7003, § 2, Sess. L. 2008, p. 124.

The Director of Personnel may give an award to a government agency to recognize the provision of exemplary customer service by the agency based on an inspection under section 78(a) or such other evaluation determined appropriate by the Director of Personnel. History: Added Sept. 11, 2008, No. 7003, § 2, Sess. L. 2008, p. 125.

The Department of Education, hereafter in this chapter referred to as the "Department", is continued as an executive department in the Government of the United States Virgin Islands.

(a) At the head of the Department, there shall be a Commissioner of Education, hereafter in this chapter referred to as the "Commissioner". (b) The Commissioner shall be appointed by the Governor, with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. (c) The Commissioner shall be a citizen of the United States, shall be a graduate of an accredited college or higher institution of learning of recognized standards, shall possess at least a master's degree and shall have had at the time of his appointment at least four years experience in the field of education. (d) The Department shall be administered under the supervision and direction of the Commissioner. (e) The Commissioner shall employ into career service positions pursuant to chapter 25 of this title, such teachers and other employees, as necessary, and such appointments are effective upon the Commissioner's appointment. History: Amended Aug. 18, 1969, No. 2527, Sess. L. 1969, p. 242; Mar. 24, 1971, No. 2972, Sess. L. 1971, p. 86; July 5, 2002, No. 6533, § 8, Sess. L. 2002, p. 425.

Appointment; Tenure; Functions (a) There shall be in the Department an Assistant Commissioner, two Insular Superintendents, one Dean of Students for each high school and such deputies as the Governor deems necessary for the proper administration of the Department. The Assistant Commissioner, the Insular Superintendents, and one Dean of Students for each high school shall be deemed of the same rank. The Assistant Commissioner and the deputies shall be appointed by the Governor, and shall hold office during the continuance in office of the Governor by whom they are appointed and until their successors are appointed and qualified, unless sooner removed by the Governor. (b) The Assistant Commissioner, the Insular Superintendents and any deputies appointed under this section shall perform such functions as the Commissioner prescribes. (c) The Deans of Students: (1) must have a masters degree and seven years in the field of education; (2) shall resolve discipline problems in the public high schools in their respective districts; (3) shall work with community and government agencies on problems relating to violence, drug abuse and other behavioral problems in the public high schools and truancy from school; (4) shall assist in developing and administering practices addressing campus control and security; and (5) shall confer with parents, teachers, counselors, support service personnel, and students on matters of discipline and welfare; Perform such other duties as the Commissioner may prescribe; and (6) shall perform such other duties as the Commissioner may prescribe. History: Amended Apr. 7, 1967, No. 1897, § 1, Sess. L. 1967, p. 82; July 7, 1967, No. 2004, § 1, Sess. L. 1967, p. 366; June 24, 1987, No. 5265, § 802(h), Sess. L. 1987, p. 85; Feb. 2, 2010, No. 7149, § 2(a), (b), Sess. L. 2009, pp. 411, 412.

(a) The Governor shall organize the Department of Education in a manner that provides maximum administration and responsibility for the insular school districts in the Insular Superintendents over their respective districts. The insular districts and their respective heads shall be local education agencies (LEA) for the purposes of applicable federal legislation. (b) The Commissioner and the Department shall be the state education agency (SEA) for the purpose of compliance with federal legislation. The Commissioner shall, consistent with the powers and duties of the Department, set policy for, plan, oversee and monitor public education in the Territory; Provided, however, That the daily operation of the school system shall be delegated to the Insular Superintendents within the meaning of this chapter. (c) Insular Superintendents shall provide for effective and efficient management of schools within their respective districts and shall, to the extent feasible and consistent with efficient management, delegate operational functions to school principals. (d) The Governor may create divisions within the Department or within the insular districts and appoint division heads as may be necessary to execute the purposes of this chapter and effectively administer the Department. (e) There shall be within the Department of Education a Division of Cultural Education, responsible for the implementation of a Cultural Education Program in the Virgin Islands in accordance with Title 17, chapter 5, section 41(c)(1) of this Code. History: Amended Jan. 8, 1982, No. 4663, § 2(a), Sess. L. 1981, p. 289; June 24, 1987, No. 5265, § 802(a), Sess. L. 1987, p. 82; Feb. 18, 1992, No. 5778, § 4, Sess. L. 1992, p. 38.

History: Repealed. June 8, 1990, No. 5568, § 1, Sess. L. 1990, p. 218.

(a) The Department shall have authority and jurisdiction to exercise general control over the enforcement of the laws relating to education, and shall- (1) promote the cause of education, and achieve a high level of general education throughout the Virgin Islands; (2) integrate into the total school curricula of the territorial school system a comprehensive career and technical education program including, but not limited to, technical skills necessary for employment in United States Virgin Islands crafts, business and industry; (3) except as otherwise may be provided by law, administer and operate all publicly supported educational facilities and programs, including specialized instruction and apprenticeship training; (4) administer and operate all publicly supported educational facilities; (5) prior to expenditure, consult with the Board of Education regarding federal funds and report to the Board on all federal monies expended by the Department; (6) administer and operate a single school system, including, subject to the approval of the Governor, the certification, selection and appointment of Department personnel, except Department professionals, and the activities directly related thereto; (7) exercise such other powers, and perform such other duties and functions, as may be prescribed by law; (8) cooperation and participation in the operations and functions of the Peace Corps and other Federal agencies and instrumentalities by providing the use of its buildings, cafeterias, vehicles, and necessary personnel; Provided, however, That wherever any such service or facilities are made available for a monetary consideration the agreement for the same shall be in writing and shall be approved by the Governor; (9) establish and collect reasonable fees for the use of public school transportation, and for the private use of public school facilities including, but not limited to, auditoriums, classrooms, gymnasiums, athletic fields, recreational facilities, and all other school property. Fees collected pursuant to this paragraph shall be deposited in the General Fund of the Treasury of the Virgin Islands; (10) solicit advice, conduct surveys and establish a liaison with private industry to insure the relevancy of the educational curriculum to the business world; (11) integrate United States Virgin Islands art, culture and history into the educational curriculum; (12) administer, operate and promote all Department libraries in accordance with standards adopted by the American Library Association, as most recently revised; (13) establish a system for the issuance of identification cards for all public and private school students. The identification card shall have a photograph of the student and show the school the student is attending, the student's birthdate, the residential custodian, residence address, phone number if appropriate, and parents' or legal guardians' name if different from the residential custodian; (14) produce minor maintenance and repairs of up to $50,000 per project, and goods, services, materials, supplies and equipment for the entire Department of Education; and (15) be the sole department responsible for hiring the employees of the Department of Education, leaving the role of the Division of Personnel to audit the Department of Education. (b) The Department shall prepare the budget for the Department, for submission to the Commissioner of Finance. (c) (1) The Commissioner of the Department of Education is authorized to establish an account or system of accounts and records within the Department and to establish an appropriate bank account for the deposit of allotted funds for the purchase of materials and supplies. Notwithstanding any other law, the Director of the Office of Management and Budget shall allocate and the Commissioner of Finance shall disburse all appropriated funds to the Department by October 15th of each fiscal year to be deposited into the bank account and used for the purposes stated herein. The Commissioner of the Department of Education shall maintain a record of all monies deposited into and disbursed from the bank account, and submit an annual report of the account's activity to the Department of Finance and to the Legislature by November 30th of each year. (2) The Commissioner of the Department of Education shall be the sole authority empowered to expend monies allocated to the Department under this subsection. By the 30th day of the month following the end of each quarter, or upon expenditure of all funds received for the fiscal year, the Commissioner of Education shall provide to the Commissioner of the Department of Finance a report detailing the amount, nature and justification for each item of expenditure made. The report shall be accompanied by receipts and any other documentation required by the Department of Finance. An annual report shall also be submitted to the Department of Finance and the Legislature. (d) [Repealed.] History: Amended May 16, 1957, No. 160, § 8, Sess. L. 1957, p. 22; Dec. 17, 1958, No. 358, § 2, Sess. L. 1958, p. 160; Nov. 29, 1965, No. 1527, Sess. L. 1965, Pt. I, p. 515; Mar. 4, 1966, No. 1598, § 2, Sess. L. 1966, p. 70; June 4, 1968, No. 2238, § 4, Sess. L. 1968, Pt. II, p. 45; Nov. 13, 1968, No. 2361, § 2, Sess. L. 1968, Pt. II, p. 360; Nov. 19, 1969, No. 2598, § 3(a), Sess. L. 1969, p. 410; Apr. 15, 1971, No. 2989, § 1, Sess. L. 1971, pp. 108, 109; Jan. 8, 1982, No. 4663, § 2(b), Sess. L. 1981, p. 289; Nov. 7, 1983, No. 4877, § 309(b), Sess. L. 1983, p. 230; June 24, 1987, No. 5265, §§ 802(b), 902(d), Sess. L. 1987, pp. 82, 86; June 8, 1990, No. 5568, § 2, Sess. L. 1990, p. 218; Feb. 15, 1994, No. 5957, § 5, Sess. L. 1994, p. 15; Nov. 23, 1999, No. 6333, § 27(a), Sess. L. 1999, p. 200; Oct. 17, 2005, No. 6793, § 2, Sess. L. 2005, p. 353.

Programs; Accountability For Student Achievement (a) As used in this section "Excellence Gap" means the disparity in the percentage of lower-income versus higher-income students who reach advanced levels of academic performance. (b) The Department shall: (1) establish strategies, plans and practices for implementation in all Virgin Islands public schools to eradicate and prevent the Excellence Gap. The application of these strategies and practices must ensure that all students can excel despite their income-level or other circumstances; (2) carry out a comprehensive program to identify high-ability, low-income students in all public schools beginning with the 2016-2017 school year; (3) establish gifted programs in all public schools to promote educational excellence for students who show outstanding academic achievements or exceptional ability to learn or reason; (4) make independent study, dual enrollment, distance learning, promotion to higher grades and advanced placement courses available in all public high schools; and (5) establish an accountability system to track the number of identified high-achieving students in the public school system and their performance as a separate group, including low-income students. (c) All public schools shall monitor the performance and growth of all students and shall collect and submit data to the Commissioner of the Virgin Islands Department of Education. All public high schools shall track the number of advanced placement classes and student passage rates. History: Added Oct. 7, 2016, No. 7932, § 1, Sess. L. 2016, p. 186, 187.

(a) The Virgin Islands Board of Education, referred to as the "Board" in the remainder of this section is established as an independent agency. (b) The Board of Education shall consist of nine elected members. Four (4) shall be elected by the qualified electors of the district of St. Croix. Four (4) shall be elected by the qualified electors of St. Thomas-St. John. One member shall be elected at large by the qualified electors of the Virgin Islands from the Virgin Islands as a whole, provided that such member shall be a person who is a bona fide resident of St. John. (c) The term of office for each member shall be four (4) years beginning on the first Monday of January following the election. Members must reside in the district where they are elected, therefore, a vacancy shall occur whenever a member moves out of his district. The terms of office shall be staggered such that (i) at the 2012 general election, the two highest vote-getters from each district will serve a term of six (6) years for that election period only, and the remaining offices shall serve a term of four years. In all subsequent elections, only those positions scheduled to expire shall be open for election for a four year term. (d) No person is eligible to be a member of the Board unless he meets the same eligibility qualifications for a member of the Legislature, as prescribed in section 6(b) of the Revised Organic Act of the Virgin Islands, except that the final sentence of said section 6(b) does not apply. (e) The members of the Board shall elect a Chairman and Vice-Chairman from among its number at the first meeting after each election. A Chairman or a Vice-Chairman may be replaced by the members of the Board. (f) Each member of the Board of Education shall receive the sum of $100 for each day or part thereof spent in the performance of his official duties. In addition thereto, each member shall be reimbursed for necessary travel and other expenses actually incurred in the discharge of his duties as a member of the Board of Education. (g) The Governor of the Virgin Islands shall fill any vacancy in the office of a member of the Board of Education subject to the approval of the Legislature, except that the person appointed to such vacancy shall be a resident of the same island as the member whose office is vacant. The person appointed shall serve for the remainder of the term. (h) The quorum of the Board shall be a majority of its members. No official action may be taken by the Board unless at a regular meeting, or a meeting called by the Chairman or by the members of the Board at which a quorum is present by affirmative vote of a majority of its members present. History: Amended May 16, 1957, No. 160, §§ 9, 108, Sess. L. 1957, p. 22, 60; June 24, 1958, No. 335, § 3(a), (b), Sess. L. 1958, p. 110; June 7, 1961, No. 700, § 3, Sess. L. 1961, p. 50; Jan. 27, 1967, No. 1840, Sess. L. 1967, p. 9; June 26, 1968, No. 2252, § 2(a), Sess. L. 1968, Pt. II, p. 68; Nov. 15, 1971, No. 3132, Sess. L. 1971, p. 371; June 24, 1987, No. 5265, § 802(c), Sess. L. 1987, p. 83; Sept. 28, 1990, No. 5636, § 1(a)(4), Sess. L. 1990, p. 346; Oct. 19, 1995, No. 6085, § 1, Sess. L. 1995, p. 216; July 18, 2012, No. 7378, § 1, Sess. L. 2012, p. 172; amended Nov. 29, 2023, No. 8784, § 8, Sess. L. 2023, p. 163.

For the purposes of promoting effective management of the Board of Education and the faithful execution of the laws of the Virgin Islands, the Governor of the Virgin Islands shall act expeditiously to submit to the Legislature the appointment of members to fill vacancies in the membership of the said Board resulting from expiration of term or other cause. History: June 7, 1961, No. 700, § 1, Sess. L. 1961, p. 50.

(a) The Virgin Islands Board of Education shall fix the dates for its regular meetings which shall be held at least once every two months. The Board shall hold special meetings as may be required. All regular meetings of the Board shall be open to the public. The Chairman shall call a special meeting upon the written request of three members, or upon the written request of the Commissioner, and the Chairman may call such a meeting on his own motion. (b) The business which the Board is authorized to transact shall be done at regular or special meetings at which not less than five members are present, and no act shall be valid unless voted for by an affirmative vote of a majority of the members present, and a true record made of such votes. (c) The Board shall adopt rules and regulations for the conduct of its proceedings. It shall keep a record book of its meetings. The minutes of all meetings shall be certified by the Secretary. (d) Any measure adopted or any decision reached by the Board shall be set forth in writing as an order of the Board. Each order shall be transmitted by the Chairman to the Commissioner for his guidance and distribution to interested parties. History: Amended June 24, 1958, No. 335, § 3(c), Sess. L. 1958, p. 110.

Continuation (a) The Virgin Islands Board for Career and Technical Education, heretofore established under the Department of Education for administrative purposes is continued as a semiautonomous board in the executive branch of the Government, separate and distinct from the Department of Education for all purposes. Composition; appointment and qualifications of members (b) The Board shall be composed of nine members appointed by the Governor with the consent of the Legislature; four of whom shall be citizens of St. Thomas, one of St. John and four of St. Croix. One of these shall be a person familiar with the career and technical education needs of labor in the Virgin Islands, one shall be representative of the University of the Virgin Islands, and one shall be familiar with the career and technical education needs of management in the Virgin Islands. Terms of members; vacancies (c) All members shall serve for a period of two years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor. Chairman (d) The Board shall elect annually one of its members to serve as its chairman. Compensation and expenses (e) The members of the Board shall serve without compensation, but the provisions of section 65 of this title shall apply to such members. Removal of members (f) The members may be removed by the Governor for cause. Personnel; compensation (g) The Board may appoint, fix the compensation of, and prescribe the duties of, such officials, supervisors, and other personnel as may be necessary to carry out the provisions of local and Federal law relating to career and technical education. Status, powers, and duties (h) The Board shall have such status and powers and shall perform such duties and functions as are prescribed or required by local and Federal law. History: Added May 16, 1957, No. 160, § 10, Sess. L. 1957, p. 22; amended May 16, 1957, No. 160, § 108, Sess. L. 1957, p. 60; June 24, 1958, No. 335, § 4, Sess. L. 1958, p. 110; June 7, 1961, No. 703, § 3, Sess. L. 1961, p. 53; Aug. 30, 1965, No. 1513, Sess. L. 1965, Pt. I, p. 467; Nov. 19, 1969, No. 2598, § 3(b), Sess. L. 1969, p. 410; Sept. 6, 1978, No. 4196, Sess. L. 1978, p. 215; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249; Oct. 17, 2005, No. 6793, § 2, Sess. L. 2005, p. 353; amended Dec. 31, 2014, No. 7710, § 9, Sess. L. 2014, p. 392, 393.

For the purposes of promoting effective management of the Virgin Islands Board for Career and Technical Education and the faithful execution of the laws of the Virgin Islands, the Governor of the Virgin Islands shall act expeditiously to submit to the Legislature the appointments of members to fill vacancies in the membership of the said Board resulting from expiration of term or other cause. History: June 7, 1961, No. 703, § 1, Sess. L. 1961, p. 52; amended Oct. 17, 2005, No. 6793, § 2, Sess. L. 2005, p. 353.

The Commissioner may prescribe rules and regulations, not inconsistent with law or other regulations authorized by law, for the proper administration of the Department, the conduct of its officers and other personnel, the distribution and performance of its business, and the custody, use, and preservation of the records, papers and property appertaining to it. History: Amended May 16, 1957, No. 160, § 10, Sess. L. 1957, p. 22.

(a) There is established within the Office of the Governor, the Bureau of School Construction and Maintenance. The Bureau shall acquire, establish, operate, develop, repair, maintain, renovate, improve, upgrade, inspect, modernize, manage, and construct all public educational facilities, including, schools, educational centers, facilities, and other structures that will be used for or occupied by students, faculty, staff, and administration under the jurisdiction of the Virgin Islands Department of Education or its successor department or agency. The mandate of the Bureau is to create affordable, sustainable, and energy-efficient public schools, buildings, facilities, and grounds throughout the Territory for a safe, secure, and comfortable environment for learning and administration. (b) The Bureau is responsible for: (1) Identification, planning, development, budgeting, and execution of projects associated with the maintenance, repairs, and construction of all public educational facilities and grounds; (2) Acquisition of property for the construction of schools and determining which schools will no longer be used as schools in conjunction with the Commissioner of the Department of Education and the Commissioner of the Department of Property and Procurement; (3) Construction of new buildings and the renovation of existing buildings, to include maintaining the structural integrity of the buildings; (4) Preventative and emergency maintenance and repair for the daily operations of public educational facilities and grounds, but preventive, emergency repair or repair for the daily operations of the school which require school closures must be conducted in consultation with the Commissioner of Education; (5) Equipment and fixtures permanently affixed to buildings to include energy management systems; (6) Improvements to the buildings to meet new health and safety requirements, reduce environment risks, and improve energy efficiency; (7) Improvements to buildings to meet changes in educational, technological, and social needs; and (8) The development of Master School Construction, Maintenance and Capital Plan. (c) The Bureau may not issue negotiable bonds or notes or other instruments of debt, unless otherwise specifically authorized by law. History: Added Apr. 25, 2023, No. 8717, § 1, Sess. L. 2023, p. 34, 35; amended Oct. 16, 2024, No. 8919, § 3, Sess. L. 2024, p. -.

(a) The Bureau is managed by: (1) an Executive Director, appointed by the Governor, who must be either an architect or engineer licensed in the Virgin Island; an individual with seven or more years' experience in construction, capital project management, or maintenance management; (2) an Assistant Director of School Construction, who is an architect or engineer licensed in the Virgin Islands; and (3) an Assistant Director of School Maintenance, who has experience in building or construction maintenance. (b) The Executive Director shall: (1) report to the Governor and work at the pleasure of the Governor; (2) work closely with the Commissioner of Education and the Superintendent from each district to determine the current and future needs of public educational facilities; (3) provide annual status reports by April 30 of each year to the Governor, the Commissioner of Education, the Board of Education, and the Legislature, regarding the maintenance and construction projects of school buildings, facilities and grounds; the financial status of the Bureau; recommendations on policies and regulations; and other information required by the Governor or Legislature; (4) perform the administrative functions of the Bureau, including the hiring and retention of technical and support staff, either permanently or temporarily, or by contract or otherwise, and determine their qualifications, duties, tenure, and compensation, to include the Assistant Director of School Construction, Assistant Director of School Maintenance, Chief Financial Officer, the Chief Engineer; the Chief Operations Officer and the Chief Legal Counsel; (5) present the Bureau's annual budget to the Legislature; (6) engage in public-private development partnerships; (7) direct the expenditure of capital and operating funds, monies received from the School Construction, Maintenance and Capital Fund and any other funding source; and (8) solicit proposals for and award financing to public-public and public-private partnerships for the: (A) purchasing of a school site and improvements to those site; (B) constructing or purchasing of buildings to be used as schools; (C) completing or partially furnishing and equipping of schools; and (D) repairing and renovating school buildings; (9) approve and authorize decisions at every stage pertaining to the infrastructure of public schools and other public educational building, facilities, and grounds, including maintenance, repair, renovation, modernization, planning, design, procurement, and construction; (10) contract with any agency, department, semiautonomous agency, autonomous agency or instrumentality of the Government of the Virgin Islands or federal government for services the Bureau may request, including professional and technical assistance by planning experts, engineers, architects and any other staff; for the use of the premises, personnel or equipment; access to data necessary to develop reasonable student-population projections; and access to building permits and construction data; (11) enter and execute contracts and all other instruments necessary or convenient for the exercise of its functions, powers, and duties; (12) accept any gifts, grants, or other financial aid in any form from the federal government or any agency or instrumentality of the federal government, from the Virgin Islands Government or any agency or instrumentality the Government, or from any other source, for any purposes specified in this subchapter, and the Bureau shall comply with, subject to the provisions of this subchapter, the terms and conditions of the loan or grant; (13) collect data necessary to develop reasonable student-population projections; and access to building permits and construction data; (14) adopt policies, regulations, and procedures governing the procurement of goods, materials, and services; and (15) perform all things necessary or convenient to carry out and exercise the powers granted under this subchapter. (c) The Executive Director serves as a liaison between the Office of the Governor, the Department of Education, the Department of Public Works, the Department of Planning and Natural Resources, the Board of Education, and any other government entity or instrumentality for all matters relating to the statutory purpose of the Bureau. (d) The Executive Director shall evaluate solicited proposals based on adherence to the Master School Construction, Maintenance and Capital Plan and determine whether the proposals: (1) are appropriately designed for educational and school-based programs, support services, and extracurricular activities; (2) include well-designed physical systems and components that promote learning, culture, safety, energy efficiency, and effective structural resistance to hurricane and seismic events; (3) create connections to the surrounding community and support for community activities; and (4) are cost-effective to build, operate, repair, and maintain the facilities. (e) To perform the duties and responsibilities granted in this subchapter, the Executive Director may procure goods and services and enter into contracts for architectural, construction, engineering and maintenance-related projects not to exceed $1,000,000 without the need to comply with title 31 Virgin Islands Code, chapter 23. But the Executive Director shall comply with title 31 Virgin Islands Code, chapter 23 to procure goods and services of more than $1,000,000. The Department of Education acting through its superintendents or principals in consultation with the Bureau of School Construction and Maintenance may expend not more than $1,000 of available funds of the Department of Education for minor, emergency, school maintenance repairs. History: Added Apr. 25, 2023, No. 8717, § 1, Sess. L. 2023, p. 35-37.

Panel (a) There is established a Master Construction, Maintenance and Capital Plan Review Panel ("Review Panel"), who shall review and approve the Master School Construction, Maintenance and Capital Plan. The Review Panel consists of the Commissioner of the Department of Education, the St. Croix Insular Superintendent, the St. Thomas/St. John Insular Superintendent, and the members of the Virgin Islands Board of Education School Plants and Facilities Committee or its successor. A quorum consists of six members, with one being an Insular Superintendent. (b) The Executive Director shall prepare an initial 20-year Master School Construction, Maintenance and Capital Plan and submit it to the School Construction and Maintenance Review Panel for its evaluation and approval. (c) The initial Master School Construction, Maintenance and Capital Plan must include information regarding current and future needs for student housing, quality of the existing facilities, facilities renovation, facilities expansion requirements, or new construction required to support the Territory's educational and programmatic goals and a complete territory-wide inventory of all schools, whether in use or not in use. The Plan must also include accurate projections regarding enrollment and careful determination of school site location and capacity and must be flexible, implementable and must address the need to provide capacity for projected student enrollment. (d) The Review Panel shall convene not later than 45 days after receipt of the Master Construction, Maintenance and Capital Plan to evaluate and approve the Plan. Failure to convene within the 45-day time- period or to otherwise vote on the Master Construction, Maintenance and Capital Plan, constitutes approval by the Review Panel. (e) After approval of the initial Plan, the Executive Director shall update the Plan every five years and submit it to the Review Panel for review and approval. History: Added Apr. 25, 2023, No. 8717, § 1, Sess. L. 2023, p. 38.

There is hereby established as an executive department in the Government of the United States Virgin Islands the Department of Justice, hereinafter in this chapter referred to as the "Department". History: Added Mar. 29, 1962, No. 855, § 2, Sess. L. 1962, p. 99.

(a) The head of the Department shall be designated the "Attorney General of the Virgin Islands", hereafter in this chapter referred to as the "Attorney General". No person shall be eligible to be Attorney General unless he is a qualified practitioner of law, admitted to practice before the highest court of the territory and a member in good standing of the Virgin Islands Bar Association. (b) The Attorney General shall be appointed by the Governor, with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. (c) The Department shall be administered under the supervision and direction of the Attorney General. History: Added Mar. 29, 1962, No. 855, § 2, Sess. L. 1962, p. 99; amended Dec. 22, 2005, No. 6820, §§ 19(a)-(c), Sess. L. 2005, p. 493.

(a) There shall be in the Department such Assistant Attorneys General as the Governor deems necessary for the proper administration of the Department. The Assistant Attorneys General shall be appointed by the Governor and may be terminated only for cause, and after notice and an opportunity to be heard. (b) Any Assistant Attorneys General appointed under this section shall perform such duties as the Attorney General prescribes. History: Added Mar. 29, 1962, No. 855, § 2, Sess. L. 1962, p. 99; amended Jan. 14, 2022, No. 8529, § 1, Sess. L. 2021, p. 239.

(a) The Attorney General shall have the following powers and duties: (1) except in cases where the United States attorney is representing the Government of the United States Virgin Islands at the request of the Governor, to appear for and represent the executive branch of the Government of the Virgin Islands before the courts in all civil proceedings in which the said Government, or any executive department, board, commission, agency, instrumentality or officer thereof is interested; (2) to prosecute in the inferior courts all offenses against the laws of the Virgin Islands; (3) to prosecute in the name of the People of the Virgin Islands, offenses against the laws of the Virgin Islands. (4) to investigate violations of the laws of the Virgin Islands for which the executive branch of the Government of the United States Virgin Islands may invoke penalties, fines or forfeitures, or deny, suspend or revoke licenses, and to initiate and conduct appropriate proceedings in relation thereto; (5) to employ such skilled experts, scientists, technicians, or other specially qualified persons as he deems necessary to aid him in the preparation or trial of actions or proceedings; (6) to appear for and represent the executive branch of the Government of the United States Virgin Islands, and all departments, boards, commissions, agencies, instrumentalities or officers thereof, before all administrative tribunals or bodies of any nature, in all legal or quasi-legal matters, hearings or proceedings. All duties and functions with respect to the Government of the Virgin Islands, or any department, board, commission, agency, instrumentality or officer thereof, heretofore assigned to the United States attorney solely by virtue of laws of the Virgin Islands are hereby transferred to the Attorney General; (7) to furnish legal advice to the Governor and all executive departments, boards, commissions, agencies, instrumentalities and officers of the Government of the United States Virgin Islands, concerning any matter arising in connection with the exercise of their official powers and duties, and to supervise and direct the legal business of every executive department, board, commission, agency, instrumentality and officer of the said Government; (8) upon request of the Governor or the Legislature to render written opinions on any legal questions relating to the exercise of the power or duties of any department, board, commission, agency, instrumentality or officer of the Government of the United States Virgin Islands; (9) to prepare drafts of regulations, and of contracts and other instruments in which the Government of the United States Virgin Islands is interested; (10) to keep books in which he shall record all the official opinions given by him during his term of office, and deliver the same to his successor in office; (11) to perform or discharge all such other duties, responsibilities and functions as may be provided for by law; (12) to prescribe rules and regulations, not inconsistent with law or other regulations authorized by law, for the proper administration of the Department of Justice, the conduct of its officers and other personnel, the performance of its business, and the custody, use and preservation of the records, papers and property appertaining to it; (13) to supervise, control and direct the officers and employees of the Office of the Marshal in the performance of their duties; (14) to perform such other duties pertaining to the legal affairs of the Government of the United States Virgin Islands as may be assigned to him by the Governor; (15) to render opinions on the legal sufficiency of all contracts and other instruments in which the Government of the United States Virgin Islands is interested and the best interests of the people of the Virgin Islands is served; (16) [Deleted.] (17) administer and enforce laws pertaining to ethics and conflict of interest. (b) The Attorney General shall prepare the budget for the Department, for submission to the Director of the Office of Management and Budget. (c) Except for the governing board of the Virgin Islands Port Authority, the Attorney General of the Virgin Islands may not serve as a member on any board of an autonomous or semi-autonomous governmental instrumentality or public corporation. (d) Every complaint clerk and the Attorney General and such Assistant Attorneys General as the Attorney General shall authorize in writing shall be empowered to administer oaths or affirmations in connection with the preparation and filing of criminal complaints. History: Added Mar. 29, 1962, No. 855, § 2, Sess. L. 1962, p. 99; amended July 19, 1968, No. 2318, § 1, Sess. L. 1968, Pt. II, p. 298; Sept. 29, 1970, No. 2820, § 4, Sess. L. 1970, p. 315; June 23, 1981, No. 4566, § 2, Sess. L. 1981, p. 59; Dec. 23, 1983, No. 4879, § 2, Sess. L. 1983, p. 250; June 24, 1987, No. 5265, §§ 402(b), 403(a)(1), Sess. L. 1987, pp. 55, 56; Aug. 12, 2004, No. 6681, § 1, Sess. L. 2004, p. 157; Mar. 5, 2005, No. 6730, § 35, Sess. L. 2005, p. 109; Apr. 12, 2008, No. 6997, § 3(a), Sess. L. 2008, p. 56.

Consultation, Examinations; Analyses and Reports (a) There shall be in the Department such Medical Examiners as the Governor deems necessary for the requirements of the Virgin Islands. A Medical Examiner shall be duly licensed to practice medicine in the Virgin Islands and shall have the following powers and duties: (1) to make inquiry into unnatural deaths as prescribed by law; (2) to investigate the death of every person dying within the Virgin Islands, or whose body is found within the Virgin Islands which is or appears to be: (i) a violent death, whether by criminal violence, suicide or casualty; (ii) a death caused by unlawful act or criminal neglect; (iii) a death occurring in a suspicious, unusual or unexplained manner; (iv) a death caused by suspected criminal abortion; (v) a death while unattended by a physician, so far as can be discovered, or where no physician able to certify the cause of death as provided by law can be found; (vi) a death of a person confined to a public institution other than a hospital, infirmary or nursing home; (3) to perform such additional and related duties involving the exercise of professional skills and training as may be prescribed by the Governor or the Attorney General. (b) Whenever there is reason to believe that a death has occurred under any of the circumstances set forth in subsection (2) of subdivision (a) hereof, the Commissioner of Health or the Police Commissioner or their duly authorized representatives shall report the case to the Medical Examiner in the Judicial Division in which the death occurred. When the Medical Examiner is so informed of a death within his jurisdiction he shall go at once to the place where the body is and take charge of it. The Medical Examiner shall have the authority to the extent required for the investigation to remove and transport the body upon taking charge of it. (c) The Medical Examiner shall fully investigate the essential facts concerning the death, taking the names and addresses of as many witnesses thereto as it may be practicable to obtain, and before leaving the premises shall reduce all such facts to writing. He shall take possession of any portable object which, in his opinion, may be useful in establishing the cause or means of death. (d) In the course of the investigation, the Medical Examiner shall make or cause to be made such examinations, including an autopsy, as in his opinion is necessary to establish the cause of death, or to determine the means or manner of death, or to discover facts, which is requested in writing by the Attorney General, the United States Attorney or the Police Commissioner; Provided, however, the Medical Examiner, shall perform an autopsy, as provided under the provisions of this subsection, within 24 hours after he has taken charge of a body as provided under subsection (b) of this section. The authority to make any examination as provided in this section includes authority to remove, retain and transport or send, for the purpose of the examination, any tissue or organs and any portable object. (e) The Medical Examiner shall have power to subpoena and examine witnesses under oath in the same manner as a court. (f) The Medical Examiner shall have authority when necessary in his opinion to consult with and to request advice, consultation or other assistance from any officer of a department of the Virgin Islands, Government or from the head of any Department of Health or the U.S. Virgin Islands Police Department (V.I.P.D.) or from any member of the staff of such laboratory designated for such purpose by the head thereof, or from any physician qualified to make postmortem examinations and to testify thereon; and to request from any such person such tests, examinations or analyses and reports with respect thereto as are necessary in his opinion, with respect to the body of the deceased or any part thereof or with respect to any other matter related to his investigation. History: Added July 19, 1968, No. 2318, § 2, Sess. L. 1968, Pt. II, p. 299; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; June 17, 1993, No. 5864, § 10, Sess. L. 1993, p. 98.

History: Repealed. Oct. 22, 1982, No. 4754, § 3(a), Sess. L. 1982, p. 168.

The Attorney General, Assistant Attorneys General and Deputy Assistant Attorneys General shall not engage in the private practice of law, nor be associated directly or indirectly with any attorney in private practice. History: Added Feb. 6, 1973, No. 3362, Sess. L. 1973, p. 4.

There is hereby established within the Department of Justice a White Collar Crime and Public Corruption Section, to institute aggressive prosecution of white collar crime and corruption, which crimes fall within the jurisdiction of the Attorney General under Virgin Islands statutes, or which the Attorney General is authorized to prosecute with the consent of the United States Attorney. History: Added Aug. 5, 1981, No. 4608, § 1, Sess. L. 1981, p. 103.

(a) There is established within the Department of Justice a Paternity and Child Support Division. This Division is the designated state agency of the approved State Plan under Title IV-D of the Social Security Act, and is responsible for the administration and operation of the State Plan within the Virgin Islands. The Division is also responsible for and shall ensure compliance with the requirements of the State Plan, the Title IV-D program and any other program as may be required by Public Law 93-647, as amended from time to time. The Attorney General shall effect an administrative procedure to establish paternity and to establish, modify and enforce support orders in Virgin Islands and interstate cases within the Paternity and Child Support Division, so that, in Title IV-D cases requiring the establishment of a support order, regardless of whether paternity has been established, actions to establish support obligations or actions to dismiss same are completed within time frames established by rules and regulations and as otherwise required by applicable federal law and regulation. The Attorney General shall make and promulgate rules and regulations necessary to carry out its functions. (b) The Director of the Paternity and Child Support Division, or his or her designee, notwithstanding any law to the contrary, shall have the authority to take the following actions, in both intrastate and interstate child support enforcement cases, without the necessity of obtaining an order from either the Superior Court or the Administrative Hearing Office, or from any other judicial or administrative tribunal of another state, and all entities identified below, without exception, shall recognize the authority of Title IV-D agencies of other states to take the following actions: (1) To order genetic testing for the purpose of establishing paternity; (2) To issue subpoenas for any financial or other information needed to establish, modify or enforce a support order; (3) To require all entities in the Virgin Islands, and, if the Division issues the request, those of any other state, (including for-profit, nonprofit and governmental employers) to provide promptly, in response to a request by the Division or any other state Title IV-D agency, information on thTitle IV- Dnt, compensation, and benefits of any individual employed by such entity as an employee or contractor. For purposes of this subsection, "employee" means an individual who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986; (4) To obtain access to the following information for the sole purpose of fulfilling Title IV-D functions, sTitle IV-Dthe nonliability of entities that provide the access, and subject to all safeguards on privacy and information security as established by applicable territorial or federal law and regulations: (A) records maintained by all Virgin Islands Government agencies, and, if the Division requests access, substantially similar agencies in other states, including, but not limited to, vital statistics, the Bureau of Internal Revenue, records related to real and titled property, records of occupational and professional licenses, records concerning ownership and control of corporations, partnerships and other businesses, employment security records, records of all agencies administering public assistance programs, records of the motor vehicle department, and corrections records. (B) pursuant to subpoena, certain records held by private entities, such as public utilities, cable television companies and financial institutions, whether located in the Virgin Islands, and, if the Division issues the subpoena, any other state, with respect to individuals who are subject to a pending or existing child support action, consisting of the names and addresses of such individuals, and, with respect to financial institutions, information on assets and liabilities. (5) In any support action, whether issued by the Superior Court, the Administrative Hearing Office or any other authorized tribunal, upon notice to the obligor and obligee, and whenever otherwise appropriate, to direct the obligor or other payor to change the payee to the Division or to another appropriate government entity; (6) To order income withholding pursuant to Title 16, section 355 of this Code or, if ordered by another state, pursuant to that state's applicable law or pursuant to Title 16,Title 16pter 1Chapter 13ter II of this code, and, in cases in which there is a support arrearage, to include an amount up to 30% of current support in addition to current support for the purpose of securing overdue support; (7) In cases in which there is a support arrearage, to secure assets in the Virgin Islands and, if initiated by the Division, any other state, in order to satisfy the arrearage by: (A) issuing an order to intercept or seize periodic or lump-sum payments from the unemployment agency, from the Workers Compensation agency, from judgments, settlements and lotteries, and by issuing an order to attach and seize assets of the obligor held in financial institutions or to attach and seize an obligor's public and private retirement funds; and (B) imposing liens in accordance with Title 16, section 375 of this code to force the sale of property and the distribution of proceeds. (c) Administrative enforcement actions taken pursuant to subsection (b), paragraphs (1), (5), (6) and (7) of this section shall be subject to notice to the affected parties, and such notice shall provide notice of the right to file an appeal with the Administrative Hearing Office based on mistake of fact. "Mistake of fact", for purposes of this section, shall mean an error in the amount of the current or overdue support or in the identity of the alleged obligor. (d) Whoever willfully disobeys or fails to comply with a subpoena or request issued by the Paternity and Child Support Division, pursuant to Title 4, section 601 of this code, and pursuant to subsections (a)(2), (3), and (4) of this section, or whoever willfully disobeys or fails to comply with a subpoena issued by any other state's Title IV-D Child Support Enforcement Agency pursuant to this section, shall be guilty of contempt and subject to the penalties as provided in Title 14, section 585 of this code, and subject to the issuance of a warrant for arrest pursuant to Title 5, section 654 of this code. Subpoenas issued pursuant to this section, if in conformance with subpoenas mandated by federal law for use in interstate child support actions, shall be deemed to be substantially in the form required by Title 4, section 602 of this code. The Division shall enforce the authority of other states to act pursuant to subsection (a) of this section, whenever appropriate. (e) Administrative enforcement actions in interstate cases, taken pursuant to subsection (a) of this section, with respect to income withholding, imposition of liens, and issuance of administrative subpoenas in interstate child support cases, shall be on forms as provided for in rules and regulations, and as required by 42 U.S.C.652(a)(11), and shall, whenever applicable, be in conformance with the provisions of Title 16, Chapter 13, Subchapter III, Administrative Enforcement In Interstate Cases of this code. (f) The Paternity and Child Support Division shall, to the extent feasible, use its automated child support enforcement system, known as VIPERS, or any substantially similar system, to implement the expedited administrative procedures required by this section. History: Added Oct. 12, 1985, No. 5104, § 5, Sess. L. 1985, p. 146; amended May 14, 1986, No. 5161, § 7, Sess. L. 1986, p. 53; May 5, 1998, No. 6228, § 2, Sess. L. 1998, p. 248.

It is the purpose of this section and sections 121 and 122 to authorize and encourage and implement innovative social action programs designed to halt the drift of individuals within the community towards a life of crime through partnership of Government, the private sector and the people of the Virgin Islands, to the end of demonstrating the utility of such action programs and their applicability to the Virgin Islands. History: Added Oct. 25, 1972, No. 3322, § 1, Sess. L. 1972, p. 470.

(a) The Attorney General of the Virgin Islands is authorized and directed to identify and review action programs of proven value in other jurisdictions, or such programs as may have been proposed in the Virgin Islands or elsewhere, which give promise of redirecting less fortunate members of the community into a life of social worth for the purpose of adapting such programs to local conditions. (b) The Attorney General of the Virgin Islands is authorized and directed to: (1) confer, consult and cooperate with governmental agencies, private (profit and nonprofit) organizations of all kinds and other persons to identify action programs which give promise of promoting the goals set forth in this section and section 120 of this title; (2) organize and implement such action programs through negotiation and contractual arrangements of any kind with any person or agency; (3) utilize, in consultation with the appropriate officials of the Government of the Virgin Islands, the resources and personnel of any agency or department of the Government of the United States Virgin Islands in implementing such program; (4) recommend to the Governor, who is hereby authorized to implement by ExecutiveExecutive Order recommendations, the transfer of action programs of proven value in the Virgin Islands to an appropriate Department or agency of the Government of the United States Virgin Islands as permanent and continuing programs, the entire program together with personnel employed therein; and (5) take all other actions necessary and proper for the implementation of the purposes set forth in sections 120, 121 and 122 of Title 3, Virgin Islands Code. History: Added Oct. 25, 1972, No. 3322, § 1, Sess. L. 1972, p. 471.

The Attorney General of the Virgin Islands, with the approval of the Governor, is authorized to- (a) make grants to, or enter into contracts with, public agencies, institutions of higher education, or private organizations to conduct research, demonstrations, or special projects pertaining to the development of new or improved approaches, techniques and systems to reduce and prevent crime, criminal recidivism and juvenile delinquency; (b) to make continuing studies and undertake programs of research to develop new or improved approaches, techniques and systems to reduce and prevent crime, criminal recidivism and juvenile delinquency; (c) carry out programs of behavioral research designed to provide more accurate information on the causes of crime and the effectiveness of various means of preventing crime, and to evaluate the success of correctional procedures; (d) make recommendations for action which can be taken by Federal, State and local Governments and by private persons and organizations to reduce and prevent crime, criminal recidivism and juvenile delinquency. History: Added Oct. 25, 1972, No. 3322, § 1, Sess. L. 1972, p. 471.

Cite as: 3 V.I.C. § 123, 124

(a) The Board of Land Use Appeals, heretofore existing within the Department of Public Works, is continued within the Department of Justice. (b) The Board shall be composed of nine members appointed by the Governor with the advice and consent of the Legislature; provided, that four members shall reside on the Island of St. Thomas, four members shall reside on the Island of St. Croix, and one member shall reside on the Island of St. John. Five members shall constitute a legal quorum with authority to hear and decide appeals. (c) All members shall serve for a period of two years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor. (d) The Board shall elect annually one of its members to serve as its Chairman. (e) The members may be removed by the Governor for cause. (f) In addition to the performance of its functions prescribed by law, the Board shall perform such functions as the Attorney General prescribes, or as required by federal law. History: Added June 24, 1987, No. 5265, § 406, Sess. L. 1987, p. 57.

(a) (1) There is established in the Department of Justice, the Witness Protection Board that consists of the Attorney General of the Virgin Islands, the Commissioner of Police, and the Administrator of the Victim/Witness Advocate Program. (2) A majority of the members of the Board constitutes a quorum. (b) (1) The Board shall establish a Witness Protection Program through which the Board may fund or provide for the security and protection of a prosecution witness or potential prosecution witness during or after an official proceeding or investigation that involves great public interest or as a result of which the Board determines that an offense, such as intimidating, tampering, or retaliating against a witness as described in title title 14 Virgin Islands Code, sections 1507, is 1510ly to be committed. The Board may also fund or provide for the security and protection of the immediate family of, or a person otherwise closely associated with the witness or potential witness, if the family member or closely associated person may also be in danger. (2) The Board shall adopt rules and regulations to administer the Program. (c) In connection with the security and protection of a witness, a potential witness, or an immediate family member or close associate of a witness or potential witness, the Board may fund any action the Board determines to be necessary to protect the individual from bodily injury or to assure the individual's health, safety, and welfare for as long as, in the judgment of the Board, the danger exists. In an emergency situation requiring immediate attention, the Attorney General may distribute an amount not to exceed $3,000 in order to protect a witness, a potential witness, or an immediate family member or close associate of a witness or potential witness. However, all other expenditures of the Board require the signature of the Attorney General and the Commissioner of Police. (d) The Attorney General or the Police Commissioner may request funding from the Board for providing witness security and protection, or for contracting or arranging for security provided by other local, state, or federal agencies, such as the United States Marshal's Service. Requests must be made and approved in a timely and equitable manner as established by the Board. (e) (1) Any monies distributed by the Board must be made from the Prosecution Witness Protection Fund, established in title 33 Virgititle 33 Virgin Islands Code, section 3050of the Virgin Islands may make appropriations from the General Fund for purposes of the Witness Protection Program when the Witness Protection Board demonstrates that there is a need to replenish the Fund. (2) In order to receive consideration for additional appropriations to the Witness Protection Fund, the Witness Protection Board shall submit information to the Legislature of the Virgin Islands detailing the amount of money allocated from the Fund in the prior year, the number of witnesses having received witness security and protection from allocations from the Fund, and the number of requests for witness security and protection anticipated in the next fiscal year. (3) All interest derived from the deposit and investment of monies in the Fund must be credited to the Fund. At the end of any fiscal year, all unexpended and unencumbered monies in the Fund remain in the Fund and may not be credited or transferred to the General Fund or any other Fund. (f) The Attorney General shall submit to the Legislature of the Virgin Islands an annual report detailing the type of assistance the witness program provided for the prior fiscal year. The report must not include the name, the physical location or any biographical information about the persons assisted. (g) The Territory, the Witness Protection Board, and the individual board members are not liable for any acts or omissions committed while engaging in activities within the scope of the Board's authority as described in this section or for any injury or damages in any civil or other proceedings brought by or on behalf of any person who was provided or denied security and protection under this section. (h) The Virgin Islands Department of Justice and law enforcement agencies shall provide at least annual training for assistant attorneys general, victim advocates employed in or working with law enforcement agencies, and law enforcement personnel working with the Witness Protection Program. The Witness Protection Board shall develop program materials, including a model witness protection risk assessment instrument, and make them available to assistant attorneys general and law enforcement agencies. (i) In order to minimize the period of time during which protection must be provided for the witness, the Superior Court, upon the application of the Attorney General, shall give priority on the criminal trial calendar to cases in which a protected witness will be testifying. (j) Notwithstanding any law to the contrary, and specifically the provisions of title 3, chapter 33, Virgin Islands Code, the records of the Board shall be considered confidential records not subject to the public disclosure. Except, however the documents submitted to the Legislature pursuant to subsection (e)(2) of this section and the rules and regulations of the Board shall be considered public records subject to public disclosure. (k) Notwithstanding any law to the contrary, and specifically the provisions of title 1, chapter 15 of this Code, the meetings of the Board shall not be open to the public. History: Added June 16, 2007, No. 6928, § 1, Sess. L. 2007, p. 43; amended Feb. 8, 2008, No. 6989, § 1, Sess. L. 2008, p. 1; June 24, 2009, No. 7073, § 3, Sess. L. 2009, p. 54.

The Department of Public Works, hereafter in this chapter referred to as the "Department", is continued as an executive department in the Government of the United States Virgin Islands.

(a) At the head of the Department, there shall be a Commissioner of Public Works, hereafter in this chapter referred to as the "Commissioner". (b) The Commissioner shall be appointed by the Governor, with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. (c) The Department shall be administered under the supervision and direction of the Commissioner.

Functions (a) There shall be in the Department such Assistant Commissioners and such deputies as the Governor deems necessary for the proper administration of the Department. The Assistant Commissioners and the deputies shall be appointed by the Governor, and shall hold office during the continuance in office of the Governor by whom they are appointed and until their successors are appointed and qualified, unless sooner removed by the Governor. (b) The Assistant Commissioners and any deputies appointed under this section shall perform such functions as the Commissioner prescribes. History: Amended June 30, 1964, No. 1234, § 1, Sess. L. 1964, p. 355.

(a) The Governor may establish within the Department such divisions and bureaus as he deems necessary for the proper administration of the Department. (b) At the head of each division established under this section, there shall be a Director; and at the head of each bureau established under this section, there shall be a Chief of the bureau. (c) The heads of divisions and bureaus shall perform such functions as the Commissioner prescribes.

(a) The Division of Capital Improvements is established within the Department of Public Works. (b) The Division of Capital Improvements shall administer and coordinate, all capital improvement projects of the various departments and agencies of the Government of the Virgin Islands and perform the following duties: (1) Develop and implement standards for the design, placement and construction and location of capital improvements; (2) Participate in the planning of, and supervise the construction of all government capital projects; (3) Provide inter-agency coordination of all government capital improvement projects; (4) Develop a weighted list of factors that may be used to evaluate the need for capital improvement projects. The list must include all of the following: (A) Preservation, adequacy and use of existing facilities. (B) Health and safety considerations. (C) Operational efficiencies. (D) Projected demand for governmental services. (5) Apply for, receive and manage grants and other federal aid for capital improvement projects; (6) Develop a capital improvement plan that addresses the long-term capital improvement needs of all Government departments; (7) Provide engineering, architectural and other technical services; (8) Cooperate with any other agencies, organizations or persons, public or private, in undertaking capital improvement projects; (9) Negotiate, prepare and review contracts for construction services, professional services, inter- agency memoranda of understanding and other legal instruments through the Division's legal counsel, to ensure legal sufficiency and code compliance; (10) Provide fiscal review of balance sheets and reconcile capital improvement budgets through payment certification, audits and other appropriate measures; (11) Perform such functions as may be required by federal law in order to participate in federally- aided capital improvement projects; (c) The term, "capital improvement project", means new construction, expansion, renovation, major maintenance, rehabilitation, or replacement project for an existing facility or facilities which has a total cost of at least $500,000 over the life of the project. As used in this subsection, the term, "cost", includes without limitation, the cost of land, engineering, architectural, planning, and construction services needed to complete the capital improvement project. History: Added Dec. 5, 2011, No. 7309, § 1, Sess. L. 2011, pp. 229, 230; amended Dec. 6, 2021, No. 8511, § 1, Sess. L. 2021, p. 210.

(a) The Commissioner may appoint or assign employees to the Division of Capital Improvements and may employ such engineers, architects, attorneys, project coordinators and managers, fiscal officers, consultants, technicians, experts, scientists, administrative assistants, or other specially qualified persons as may be necessary for the proper and effective exercise and performance of the division's powers, duties and functions including for making inspections, preparing plans and specifications, supervising the construction of capital projects and assisting with the enforcement of all laws governing the awarding of contracts and the construction of capital improvements. (b) The Commissioner shall prepare in a timely manner the operating budget for the Division of Capital Improvements for submission to the Director of the Office of Management and Budget. History: Added Dec. 5, 2011, No. 7309, § 1, Sess. L. 2011, p. 230.

The Division, for the purposes of carrying out the provisions of this chapter, and in addition to all other rights and powers granted by law, may create and maintain a list of suspended and debarred contractors and subcontractors who are disqualified from consideration for contracts with the Department during the suspension or debarment period in accordance with the Department's regulations. History: Added Dec. 5, 2011, No. 7309, § 1, Sess. L. 2011, p. 230.

The Commissioner shall adopt regulations governing the suspension or debarment of contractors and subcontractors. History: Added Dec. 5, 2011, No. 7309, § 1, Sess. L. 2011, p. 230.

All departments and public agencies of the Government of the Virgin Islands shall cooperate with the Division of Capital Improvements in the administration of this chapter. History: Added Dec. 5, 2011, No. 7309, § 1, Sess. L. 2011, p. 230.

History: Repealed. June 24, 1987, No. 5265, § 303(d), Sess. L. 1987, p. 42.

For the purposes of promoting effective management of the Board of Building Appeals and the faithful execution of the laws of the Virgin Islands, the Governor of the Virgin Islands shall act expeditiously to submit to the Legislature the appointments of members to fill vacancies in the membership of the said Board resulting from expiration of term or other cause. History: June 7, 1961, No. 699, § 1, Sess. L. 1961, p. 49.

History: Repealed. June 24, 1987, No. 5265, § 707(a), Sess. L. 1987, p. 80.

History: Repealed. June 24, 1987, No. 5265, § 707(b), Sess. L. 1987, p. 80.

For the purposes of promoting effective management of the Public Utilities Commission and the faithful execution of the laws of the Virgin Islands, the Governor of the Virgin Islands shall act expeditiously to submit to the Legislature the appointments of members to fill vacancies in the membership of the said Commission resulting from expiration of term or other cause. History: June 7, 1961, No. 707, § 1, Sess. L. 1961, p. 56.

(a) The Department shall exercise general control over the enforcement of the laws relating to public works, and shall- (1) pass upon application for the construction of new catchment areas, cisterns and wells; (2) [Repealed.] (3) [Repealed.] (4) participate in the planning of, supervise the construction of, and repair and maintain, all government buildings and grounds, public roads, highways, seawalls, wharves, seaways, public recreation areas, airports, and properties of like character; (5) repair and maintain other government-owned public utilities, including government-owned communications systems in the Virgin Islands, and recommend to the Governor methods for the maintenance thereof; (6) provided engineering services; (7) plan for public works in the Virgin Islands; (8) cooperate with the Federal Government in the planning for, and in the construction, repair, and maintenance of, any government buildings and grounds, public roads, highways, harbors, seawalls, wharves, seaways, public recreation areas, public housing projects, airports and properties of like character; perform all functions and exercise all authority as required by Federal law in the construction, repair and maintenance of such Federally aided projects; expend all funds made available by the Federal Government for such purposes; and prepare and submit reports with respect to such activities as required by Federal law; and (9) to assist in the protection and preservation of private property, including the elevation of dwellings and construction of dikes and storm walls, in cases of flooding, storm damages, natural disasters or other emergencies and to utilize any available appropriations for such purposes; (10) to plan, construct, operate, maintain, and administer public parking lots, parking meters, and garages, to designate paid public parking areas for motor vehicles on public streets, and highways, to establish and collect, pursuant to rules and regulations, fees for parking on any public street, or highway and on or in any government-owned public parking lots or garages, and to establish rules and regulations concerning the operation and use of such paid public parking areas, lots, and garages; (11) perform other functions as may be prescribed by this Code or other law. (b) The Department shall prepare the Budget for the Department, for submission to the Commissioner of Finance. (c) [Repealed.] History: Amended Oct. 29, 1970, No. 2868, Sess. L. 1970, p. 355; Jan. 14, 1981, No. 4523, § 7, Sess. L. 1980, p. 265; May 18, 1983, No. 4802, § 1, Sess. L. 1983, p. 40; Nov. 7, 1983, No. 4877, § 307(a), Sess. L. 1983, p. 229; June 24, 1987, No. 5265, §§ 303(c), 902(e), 1301(d), Sess. L. 1987, pp. 42, 86, 95; Oct. 31, 1998, No. 6269, § 11(a), Sess. L. 1998, p. 448; Jan. 23, 2004, No. 6638, § 4, Sess. L. 2003, p. 247.

The Commissioner may prescribe rules and regulations, not inconsistent with law or other regulations authorized by law, for the proper administration of the Department, the conduct of its officers and other personnel, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it.

History: Repealed. June 24, 1987, No. 5265, § 707(c), Sess. L. 1987, p. 80.

Establishment (a) The Governor of the Virgin Islands is hereby directed to establish within the Department of Public Works a Division of Highways (hereafter called the Division) pursuant to authorization of section 134 of this title. Director and Assistant Director (b) The Division is to be headed by a Director, who shall be an engineer, architect or planner qualified by education and training in road engineering and who shall be knowledgeable with respect to the problems of road building and maintenance as compounded by such climate and terrain as our own. There shall be an Assistant Director stationed in the St. Croix branch of the Division and who shall have a reasonably comprehensive background in road engineering. Personnel, equipment and materials (c) The Division shall be staffed primarily from those employees of the Department of Public Works who are engaged in road and street construction and maintenance at the effective date of the establishment of the Division. The equipment and materials used or requisitioned for road and street construction and maintenance or for related purposes at the date of the establishment of the Division by the Department of Public Works shall be assigned to the Division by the Commissioner of Public Works. Organization, duties and functions (d) All other specific aspects of the organization, functions, and duties of the Division, the Director, and the Assistant Director shall be determined by the Governor pursuant to the authorization by section 134 of this title. (e) [Repealed.] History: Feb. 21, 1966, No. 1578, §§ 1-4, Sess. L. 1966, p. 27; amended Oct. 14, 1981, No. 4635, § 16, Sess. L. 1981, p. 221; Nov. 7, 1983, No. 4877, § 209, Sess. L. 1983, p. 220; Oct. 19, 1984, No. 5014, § 207(a), Sess. L. 1984, p. 361.

The Department of Finance, hereafter in this chapter referred to as the "Department", is continued as an executive department in the Government of the United States Virgin Islands.

(a) At the head of the Department, there shall be a Commissioner of Finance, hereafter in this chapter referred to as the "Commissioner". (b) The Commissioner shall be appointed by the Governor, with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. (c) The Department shall be administered under the supervision and direction of the Commissioner.

Functions (a) There shall be in the Department an Assistant Commissioner and such deputies as the Governor deems necessary for the proper administration of the Department. The Assistant Commissioner and the deputies shall be appointed by the Governor, and shall hold office during the continuance in office of the Governor by whom they are appointed and until their successors are appointed and qualified, unless sooner removed by the Governor. (b) The Assistant Commissioner and any deputies appointed under this section shall perform such functions as the Commissioner prescribes.

(a) The Governor may establish within the Department such divisions and bureaus as he deems necessary for the proper administration of the Department. (b) At the head of each division established under this section, there shall be a Director; and at the head of each bureau established under this section, there shall be a Chief of the bureau. (c) The heads of divisions and bureaus shall perform such functions as the Commissioner prescribes.

History: Repealed. June 24, 1987, No. 5265, § 707(d), Sess. L. 1987, p. 80.

(a) The Department shall exercise general control over the enforcement of the laws relating to finance, and shall- (1) digest and prepare plans, from time to time, for the improvement and management of revenue, and for the support of the public credit; (2) superintend and regulate the collection of all revenue except tax revenues required to be collected by the Bureau of Internal Revenue; (3) provide for a depository for all public funds; (4) provide uniform regulations for the disbursement of all public funds, and establish a suboffice on the Island of St. Croix to process requisitions and disburse funds owing to St. Croix vendors; (5) establish a uniform policy for the acceptance of checks, including electronic checks for the payment of fees and services of the Government of the Virgin Islands and establish a penalty for returned checks; (6) establish a schedule of fees for the services of the Department not otherwise established by law; (7) prescribe, from time to time, the forms for keeping and rendering the public accounts; (8) render periodic and annual financial reports of income and expenditures; (9) administer the laws licensing and regulating nickelodeons, and pinball machines; (10) administer the laws relating to lotteries and racing; and pay the operating expenses of the lottery from the income in the lottery fund on a budget basis, subject to approval by the Governor; (11) collect the fees and charges fixed by law for governmental services; (12) exercise general supervision over, and custody of, the special and public trust funds; (13) administer the laws licensing and regulating nickelodeons, and pinball machines; (14) administer the laws relating to lotteries and racing; and pay the operating expenses of the lottery from the income in the lottery fund on a budget basis, subject to approval by the Governor; (15) Repealed. (16) collect the fees and charges fixed by law for governmental services; (17) exercise general supervision over, and custody of, the special and public trust funds; (18) Repealed. (19) Repealed. (b) The Commissioner of Finance shall conduct an annual audit of the financial records of the Government of the Virgin Islands. This audit shall cover all aspects of governmental operations, including federal programs compliance. The audit and a report of the audit shall be completed within 180 days after the close of the fiscal year. The Commissioner of Finance shall submit a copy of the report to the Governor and the Legislature. History: Amended June 11, 1957, No. 201, § 21, Sess. L. 1957, p. 116; May 6, 1960, No. 546, § 4, Sess. L. 1960, p. 54; Apr. 13, 1967, No. 1905, § 2, Sess. L. 1967, p. 88; May 13, 1973, No. 3431, § 7, Sess. L. 1973, p. 111; Aug. 22, 1980, No. 4473, § 3(b), Sess. L. 1980, p. 148; June 23, 1981, No. 4563, § 1, Sess. L. 1981, p. 57; May 29, 1982, No. 4703, § 2, Sess. L. 1982, p. 77; Jan. 13, 1994, No. 5948, § 103, Sess. L. 1993, p. 336; Sept. 2, 1994, No. 6016, § 10, Sess. L. 1994, p. 205; Dec. 22, 2007, No. 6976, § 2, Sess. L. 2007, p. 204; Feb. 2, 2010, No. 7149, § 3, Sess. L. 2009, p. 412.

(a) Any department, agency, bureau or office of the Government of the Virgin Islands that wishes to issue credit cards to its officers or employees for government purchases shall first seek approval from the Department of Finance. (b) The purchases must be for goods and services authorized pursuant to title 31 Virgin Islands Code, sections 236 and 239 and may not exceed the monetary caps set forth in those two sections. (c) A record of all purchases must be kept by the department, agency, bureau or office as well as the limit authorized, which may not be increased without the prior authorization of the head of the agency and the Department of Finance. (d) The Department of Finance shall ensure that payments to the credit card issuing companies are made within the timelines set out in the credit card contract, and that statements are reviewed for accuracy and errors. (e) The Department of Finance shall promulgate regulations for the use of government-issued credit cards which must include: (1) Designation of officers and employees authorized to be issued credit cards; (2) A requirement that, before being issued a government credit card, authorized users shall sign an agreement that the user will use the card only in accordance with the policies of the issuing governmental entity; (3) Transaction limits for the use of each card; (4) Designation of purchases to be authorized for use of the cards; (5) A list of purchases that are not authorized for use of the cards; (6) Procedures for auditing and reviewing purchases made with such cards; (7) Procedures for addressing a violation, disciplinary actions, and administrative hearings; (8) Provisions for training use and misuse of credit; and (9) Such other provisions as the Department of Finance may consider necessary to carry out the purpose of this section. (f) The Department of Finance shall immediately cancel every credit instrument issued to a government employee who has separated from the Government of the Virgin Islands for any reason or who has used the credit instrument for personal purchases or other unauthorized purchases. The head of the department, agency, bureau or office is responsible for notifying the Department of Finance when an employee is no longer employed with the government or the employee is no longer authorized to use the credit instrument. (g) Each department, agency, bureau or office shall submit a report on the use of the credit instruments, identifying the purchases, travel and expenditures authorized to the Legislature's Committee on Finance during the respective agency's budget request presentation. (h) The Inspector General may conduct audits of any department, agency, bureau or office on the use of credit cards, and the audits must be submitted to the Governor and the Legislature of the Virgin Islands. (i) It is unlawful for any officer or employee of any department, agency, bureau or office to use a government-issued credit card inconsistent with the purpose authorized. Any person who violates this section is subject to penalties under 14 V.I.C. § 3004 and is subject to appropriate administrative discipline, including, suspension from duty without pay or removal from office or employment. History: Added Sept. 16, 2020, No. 8309, § 1, Sess. L. 2020, p. 55, 56.

The Commissioner may prescribe rules and regulations, not inconsistent with law or other regulations authorized by law, for the proper administration of the Department, the conduct of its officers and other personnel, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it.

(a) As used in this section, "other taxes" include all taxes other than income taxes. (b) The Commissioner of Finance shall maintain in the General Ledger of the General Fund of the Treasury of the Virgin Islands an account to be designated as the reserve for other taxes and license refunds. There shall be credited directly to such reserve account monthly not less than five percent (5%) of the receipts from other taxes and license collections. Any refunds with respect to such collections shall be paid by the Commissioner of Finance without the necessity of annual appropriations and shall be chargeable to the reserve account. Funds not paid out of the reserve account in any fiscal year shall revert to the General Fund at the end of the fiscal year. History: Added June 18, 1986, No. 5172, § 20, Sess. L. 1986, p. 102.

(a) The Virgin Islands Board of Tax Review, heretofore established within the Department of Property and Procurement, is transferred to and continued in the Department of Finance. (b) The Board shall be composed of seven (7) members as follows: (1) Six (6) members appointed by the Governor with the advice and consent of the Legislature, at least two (2) of whom shall be citizens residing in St. Thomas, at least two (2) of whom shall be citizens residing in St. Croix, and at least one (1) of whom shall be a citizen residing in St. John; (2) The Commissioner of the Department of Finance who shall be an ex officio member and Chairman of the Board. (c) All members shall serve for a period of two years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor. (d) Each member shall receive $50 for each day or part thereof spent in the work of the Board, plus actual travel expenses, but no member shall receive more than $500 in any fiscal year, in addition to actual travel expenses. (e) Any member may be removed by the Governor for cause. (f) In addition to the performance of its function prescribed by law, the Board shall perform such duties and functions as the Commissioner of Finance prescribes or as required by Federal law. (g) All regular meetings of the Board shall be open to the public. (h) For the purposes of promoting effective management of the Board and the faithful execution of the laws of the Virgin Islands, the Governor shall act expeditiously to submit to the Legislature the appointments of members to fill vacancies in the membership of the Board. (i) The Board shall prepare and promulgate, in accordance with title 3 Virgin Islands Code, chapter 35, such rules and regulations as may be necessary to implement title 33, Virgin Islands Code, chapter 87. History: Added Oct. 14, 1986, No. 5206, § 108(b), Sess. L. 1986, p. 236; amended Sept. 28, 1990, No. 5636, § 1(a)(5), Sess. L. 1990, p. 346; Mar. 10, 2008, No. 6991, § 12, Sess. L. 2008, p 11.

The department heretofore established under the name of the "Department of Insular Affairs", and hereafter in this chapter referred to as the "Department", is continued as an executive department in the Government of the United States Virgin Islands, and is hereby redesignated as the "Department of Property and Procurement".

(a) At the head of the Department, there shall be a Commissioner of Property and Procurement, hereafter in this chapter referred to as the "Commissioner". (b) The Commissioner shall be appointed by the Governor, with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. (c) The Department shall be administered under the supervision and direction of the Commissioner. The Commissioner shall be responsible for the administration and enforcement of all laws pertaining to subjects and activities over which the Department has jurisdiction.

Functions (a) There shall be in the Department an Assistant Commissioner and such deputies as the Governor deems necessary for the proper administration of the Department. The Assistant Commissioner and the deputies shall be appointed by the Governor, and shall hold office during the continuance in office of the Governor by whom they are appointed and until their successors are appointed and qualified, unless sooner removed by the Governor. (b) The Assistant Commissioner and any deputies appointed under this section shall perform such functions as the Commissioner prescribes.

(a) The Governor may establish within the Department such divisions and bureaus as he deems necessary for the proper administration of the Department. (b) At the head of each division established under this section, there shall be a Director; and at the head of each bureau established under this section, there shall be a Chief of the bureau. (c) The heads of divisions and bureaus shall perform such functions as the Commissioner prescribes.

(a) There is hereby created within the Department of Property and Procurement the Division of Transportation. (b) The Division of Transportation shall be under the direction of the Deputy Commissioner of Transportation. (c) [Repealed.] History: Added Apr. 20, 1965, No. 1431, §§ 1, 2, Sess. L. 1965, Pt. I, p. 177; Apr. 4, 1966, No. 1696, Sess. L. 1966, p. 164; amended June 1, 1984, No. 4945, Sess. L. 1984, p. 146; Jan. 2, 1987, No. 5248, § 2(c), Sess. L. 1986, p. 435.

The Commissioner of Property and Procurement shall establish a bureau within his department for the operation of a photo-offset bureau which shall be equipped to supply the needs of all departments and activities of the Government of the United States Virgin Islands. Funds for the operation of said bureau shall be appropriated in the annual budget for expenditure by the Department of Property and Procurement. History: Added Apr. 5, 1965, No. 1413, § 2, Sess. L. 1965, Pt. I, p. 152.

History: Repealed. June 18, 1962, No. 903, § 1, Sess. L. 1962, p. 193.

History: Repealed. Oct. 2, 1959, No. 490, § 2, Sess. L. 1959, p. 167.

History: Repealed. May 23, 1969, No. 2469, § 1, Sess. L. 1969, p. 124.

History: Repealed. Oct. 14, 1986, No. 5206, § 108(a), Sess. L. 1986, p. 236.

(a) The Department shall exercise general control over the enforcement of the laws relating to the subjects referred to below in this section, and, with respect thereto, shall- (1) provide for the government an economical and efficient system for the procurement and supply of all property and nonpersonal services including related functions, such as the control, inspection, storage, issue, specifications, identification, classification, transportation, repair, conversion, and inventory of property, and the establishment of forms and procedures therefor; (2) have authority for the management, control, disposition, and use of government real property, and related functions such as- (A) establishing and maintaining land inventories; (B) administering an effective homesteading program designed to assist in the creation of new land owners; (C) facilitating the utilization of land for the best public benefit under efficient and economic production plans; (D) the making of loans for the construction of housing (individual ownership) as FHA mortgagee; (E) the administration of the territorial home loan program involving construction loans to individuals; and (F) the administration, collection, enforcement and liquidation of all funds, loans, agreements, and obligations formerly covered under the Native Industries, home loan and homestead funds; (3) enforce price and rent control laws and regulations; (4) operate the Government Printing Office and set the fees for its use and operation; (5) manage rental properties owned or controlled by the Government, except as limited by Federal law, hotels, and housing development programs or projects; and make inventory and establish forms and procedures for the sale, rental, or disposition thereof; (6) deleted; (7) perform the functions as may be required by Federal law in order to participate in Federally-aided projects; and (8) provide for the lease of necessary space for all departments, offices, commissions, agencies, and other instrumentalities of the executive branch of the Government of the United States Virgin Islands and make the payment of the rentals on all such leased office space out of moneys appropriated to the Department for the purpose of such payments. (b) The Department shall prepare the Budget for the Department for submission to the Office of Management and Budget. (c) The Department has authority for the management and control of the Vendors Plaza located in downtown historic Charlotte Amalie; but the Department of Licensing and Consumer Affairs shall maintain regulatory authority to ensure compliance with titles 12A and 27 of this Code. History: Amended May 16, 1957, No. 160, § 11, Sess. L. 1957, p. 23; June 10, 1960, No. 588, § 3, Sess. L. 1960, p. 87; Apr. 7, 1967, No. 1913, § 2, Sess. L. 1967, p. 106; Nov. 7, 1988, No. 5396, § 2, Sess. L. 1988, p. 375; Sept. 18, 2002, No. 6555, § 1, Sess. L. 2002, p. 471; amended Jan. 25, 2021, No. 8436, § 1(a)(1)-(3), (b), Sess. L. 2020, p. 337; amended Jan. 19, 2023, No. 8690, § 5, Sess. L. 2022, p. 448.

Effective July 1, 1965, the Governor of the Virgin Islands is hereby authorized and directed to centralize in the Department of Property and Procurement the operation of all multilith printing machines and related equipment and supplies to serve all departments, agencies and activities of the Government of the united States Virgin Islands. History: Apr. 5, 1965, No. 1413, § 1, Sess. L. 1965, Pt. I, p. 151, 152.

The Commissioner may prescribe rules and regulations, not inconsistent with law or other regulations authorized by law, for the proper administration of the Department, the conduct of its officers and other personnel, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it. History: Amended May 16, 1957, No. 160, § 11(a), Sess. L. 1957, p. 23.

Departments and Agencies (a) There is hereby created within the Department of Property and Procurement a Surplus Property Revolving Fund which shall be obligated and expended for all expenses, including personal services, materials and supplies, contractual services, equipment, and all other expenses, for the continuation of a program for the procurement of surplus property from the United States Government. (b) The Department of Property and Procurement shall charge each department and agency of the Government for actual expenses incurred in the packing, handling and transportation of surplus property requisitioned by and obtained for such department and agency. Such department and agency shall make such payments promptly to the Department of Property and Procurement from their respective appropriations. Such payments shall be deposited in the Surplus Property Revolving Fund as herein created and shall be available for expenditure for the purposes described in subsection (a) of this section. History: Added Mar. 15, 1966, No. 1619, §§ 1, 3, Sess. L. 1966, p. 89.

(a) The Commissioner of Property and Procurement is authorized and directed to create and maintain within the Department a Division of Central Warehousing and Inventory. The Division shall be created from employees within the Department and such other government personnel as may be reassigned to the Department from other departments and agencies for the purpose of effectively administering this section. The Commissioner shall establish on each main island a central warehouse for the storage, inventory and delivery of goods and services to the Government departments and agencies located on that island. Within this Division of the Department of Property and Procurement, to the maximum extent practicable, there shall be a "desk officer" and a "buyer" responsible for comprehensive coordination with each major department of its procurement needs. Consistent with the enforcement provisions of this chapter, the Commissioner shall issue rules and regulations for strict accountability of all commodities purchased for Government use. (b) It is the purpose of the Division of Central Warehousing and Inventory, and the Commissioner shall have the power and the duties necessary to carry out such purpose, to procure and inventory all of the materials, supplies, equipment, parts, and other operating tools for the Government of the United States Virgin Islands in order to minimize the costs of such items through bulk purchases, central storage, and maximum efficient use of inventory procedures; provided that any department or agency specifically authorized by law to procure materials, supplies, equipment, parts, and other operating tools directly may do so to the extent such procurement is not practical through the Division of Central Warehousing and Inventory. The Division shall maintain inventory control and accountability through maximum use of Government computer facilities or the addition of expanded computer facilities as may be required for maximum efficiency. (c) All departments and agencies of the Government of the United States Virgin Islands shall cooperate to the maximum extent possible with the Commissioner of Property and Procurement in order to carry out the purposes of this section. Each department and agency is authorized to transfer personnel to the Department of Property and Procurement as may be necessary to carry out the purposes of this section. The Director of the Office of Management and Budget, with the approval of the Governor, is authorized to transfer to the Department of Property and Procurement in whole or in part the amount appropriated for materials, equipment, or supplies in any fiscal year to any department or agency of the executive branch or any board or commission, which transfer shall be for the purpose of procurement of materials, supplies, equipment, parts, and other operating tools for all departments, agencies, boards and commissions of the Government of the United States Virgin Islands. (d) The Commissioner of Property and Procurement in cooperation with the Commissioner of Finance shall establish a separate and distinct fund for bulk procurements authorized by this section. Monies shall be deposited in the fund from transfers made by subsection (c) of this section or which may be directly appropriated thereto. The purpose of the fund shall be to facilitate prompt payment of bulk purchases where such prompt payment will result in a discount of the purchase price. The Commissioner of Finance shall take such steps as may be necessary to insure that prompt payments are made from the fund in a manner necessary to realize the discount offered for timely payment. (e) Through the use of inventory and central warehousing and bulk purchases the Commissioner of Property and Procurement shall insure a steady supply of materials, supplies, equipment, parts, and other operating tools of each department, agency, board, and commission within each fiscal year and from one fiscal year to the next. History: Added Oct. 14, 1981, No. 4635, § 2(a), Sess. L. 1981, p. 215; amended June 24, 1987, No. 5265, § 902(a), (b), Sess. L. 1987, p. 86.

As used in this chapter, unless the context requires, otherwise: (a) "Director" means the Director of the Bureau of Motor Vehicles. (b) "Bureau" means the Bureau of Motor Vehicles. (c) "Fund" means the Bureau of Motor Vehicles Fund established under § 232. History: Added Oct. 27, 2005, No. 6761, § 1, Sess. L. 2005, p. 245.

There is established in the executive branch of the Government of the Virgin Islands, the Bureau of Motor Vehicles. History: Added Oct. 27, 2005, No. 6761, § 1, Sess. L. 2005, p. 245.

The Bureau shall be administered under the supervision and direction of the Director. (a) The Director shall be appointed by the Governor with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. (b) The Director shall organize the Bureau to provide the most efficient, cost-effective, and coordinated delivery of services. (c) The Director shall employ any technical, clerical and operational staff as required for the operation of the Bureau. History: Added Oct. 27, 2005, No. 6761, § 1, Sess. L. 2005, p. 245.

Functions (a) The Governor shall appoint an Assistant Director and such deputies or division directors as the Governor considers necessary for the proper administration of the Bureau. The Assistant Director and the deputies shall hold office during the continuance in office of the Governor by whom the Director is appointed and until the Director's successor is appointed and qualified, unless sooner removed by the Governor. (b) The Assistant Director and deputies appointed under this section shall perform such functions as the Director prescribes. History: Added Oct. 27, 2005, No. 6761, § 1, Sess. L. 2005, p. 246.

(a) The Bureau shall exercise general control over the administration of laws and the collection of fees relating to the licensing of motor vehicle operators and the registration and licensing of motor vehicles, as provided by law. (b) The Director of the Bureau of Motor Vehicles shall submit to the Director of the Virgin Islands Taxicab Commission all information that the Bureau obtains pertaining to the cancellation of any insurance coverage that a taxicab operator is required to maintain. (c) The Bureau's costs of operation shall be financed by the fees collected and deposited into the Fund pursuant to § 232. (d) The Bureau shall perform such other duties and exercise such other powers as provided by law. History: Added Oct. 27, 2005, No. 6761, § 1, Sess. L. 2005, p. 246; amended Jan. 21, 2016, No. 7807, § 1, Sess. L. 2015, p. 210.

(a) There is hereby established in the Treasury of the Virgin Islands a special fund to be designated the Bureau of Motor Vehicles Fund. The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury of the Virgin Islands, and no money shall be available for expenditure there from except as provided in this section. (b) Notwithstanding any other law to the contrary, the Fund shall consist of all monies received as fees collected by the Bureau of Motor Vehicles under the provisions of title 20 Virgin Islands Code, chapter 39, and any sums appropriated thereto by the Legislature of the Virgin Islands. (c) Monies deposited into the Fund shall be disbursed annually as follows: (1) Upon certification of the Director of Motor Vehicles, the Commissioner of Finance shall disburse the greater of 10% of the Fund or $1,000,000 for the purchasing of supplies, equipment and personnel services and for operating expenses of the Bureau of Motor Vehicles. (2) The remaining monies in the Fund shall be deposited into the General Fund of the Treasury of the Virgin Islands. (d) The Commissioner of Finance and the Director of Motor Vehicles shall maintain a record of all monies deposited into and disbursed from the Fund and shall annually report to the Governor and the Legislature on the status of the Fund. History: Added Oct. 27, 2005, No. 6761, § 1, Sess. L. 2005, p. 246.

(a) The Director of the Bureau of Motor Vehicles shall issue a special Virgin Islands Identification Card, which shall be known as a "Virgin Islands Disabled Person Identification Card", to any natural person who is a legal resident of the Virgin Islands, who is determined by a specialized licensed physician in his or her respective field to be a disabled person as defined in subsection (d) of this section, who applies for such card, or renewal thereof. The Director of the Bureau of Motor Vehicles shall charge no fee to issue such card. The card shall be prepared and supplied by the Bureau of Motor Vehicles and shall include, at a minimum, a photograph and signature or mark of the applicant, a designation indicating that the card is a Virgin Islands Disabled Person Identification Card, and shall include a comprehensible designation of the type of the applicant's disability as set out in subsection (d) of this section. In consultation with health care providers, the Director of the Bureau of Motor Vehicles will determine the design specification and information to be placed on the Virgin Islands Disabled Identification Card. The Virgin Islands Disabled Person Identification Card may be used for identification purposes in any lawful situation by the person to whom it was issued. (b) The Virgin Islands Disabled Person Identification Card may be used as adequate documentation of disability in lieu of a physician's determination of disability, a determination of disability from a physician assistant who has been delegated the authority to make this determination by his or her supervising physician, a determination of disability from an advance practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make this determination, or any other documentation of disability whenever any local law requires that a disabled person provide such documentation of disability, however; a Virgin Islands Disabled Person Identification Card shall not qualify the cardholder to participate in any program or to receive any benefit which is not available to all persons with like disabilities, Notwithstanding any other provisions of law, a Virgin Islands Disabled Person Identification Card, or evidence that the Director of the Bureau of Motor Vehicles has issued such a Virgin Islands Disabled Person Identification Card, shall not be used by any person other than the person named on such card to prove that the person named on such card is a disabled person, or for any other purpose, unless the card is used for the benefit of the person named on such card, and the person named on such card consents to such use at the time the card is so used. (c) When medical information is contained on a Virgin Islands Disabled Person Identification Card, the Bureau of Motor Vehicles and the Government of the Virgin Islands shall not be liable for any actions taken based upon that medical information. (d) "Disabled person" as used in this section means any person who is, and who is expected to indefinitely continue to be, subject to any of the following five types of disabilities: (1) Physical disability. A physical disability is a physical impairment, disease, or loss, which is of a permanent nature, and which substantially impairs normal physical ability or motor skills. A specialized licensed physician in his or her respective field of medical practice will determine and certify the presence of a physical disability, or any of the identified disabilities stated in this Bill. (2) Developmental disability. A developmental disability is a disability which originates before the age of 18 years, and results in or has resulted in impairment similar to that caused by a mental disability, and which requires services similar to those required by mentally disabled persons, and which is attributable to a mental disability, cerebral palsy, epilepsy, autism, or other conditions or similar disorders. A specialized licensed physician in his or her respective field of medical practice will determine and certify the presence of a developmental disability or any of the identified disabilities stated in this Bill. (3) Visual disability. A visual disability is a disability resulting in complete absence of vision, or vision that with corrective glasses is so defective as to prevent performance of tasks or activities for which eyesight is essential. A specialized licensed physician in his or her respective field of medical practice will determine and certify the presence of a visual disability or any of the identified disabilities stated in this Bill. (4) Hearing disability. A specialized licensed physician in his or her respective field of medical practice will determine and certify the presence of a hearing disability, or any of the identified disabilities stated in this Bill. The Director of the Bureau of Motor Vehicles in cooperation with the Commissioner of Health shall establish standards not inconsistent with this provision necessary to determine the presence of a hearing disability. (5) Mental disability. A mental disability is an emotional or psychological impairment or disease, which substantially impairs the ability to meet individual or societal needs. A specialized licensed physician in his or her respective field of medical practice will determine and certify the presence of a mental disability, or any of the identified disabilities stated in this Bill. (e) A Virgin Islands Disabled Person Identification Card is valid for five (5) years and expires on the person's birthday in the fifth year after issuance. (f) The Director of the Bureau of Motor Vehicles shall promulgate rules for the application for and renewal of a Virgin Islands Disabled Person Identification Card. History: Added Sept. 11, 2012, No. 7388, § 1, Sess. L. 2012, p. 190-192.

The U.S. Virgin Islands Police Department (V.I.P.D.), hereafter in this chapter referred to as the "Department", is continued as an executive department in the Government of the Virgin Islands. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) At the head of the Department, there shall be a Police Commissioner, hereafter in this chapter referred to as the "Commissioner". (b) The Commissioner shall be appointed by the Governor, with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. (c) The Department shall be administered under the supervision and direction of the Commissioner. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Functions (a) There shall be in the Department an Assistant Commissioner and such deputies as the Governor deems necessary for the proper administration of the Department. The Assistant Commissioner and the deputies shall be appointed by the Governor, and shall hold office during the continuance in office of the Governor by whom they are appointed and until their successors are appointed and qualified, unless sooner removed by the Governor. (b) The Assistant Commissioner and any deputies appointed under this section shall perform such functions as the Commissioner prescribes. (c) Deputy Commissioner of Police for St. John, who is a resident of the Island of St. John, shall be appointed in accordance with this section. History: Amended June 24, 1987, No. 5265, § 1001(a), Sess. L. 1987, p. 87.

(a) The Governor may establish within the Department such divisions and bureaus as he deems necessary for the proper administration of the Department. (b) At the head of each division established under this section, there shall be a Director; and at the head of each bureau established under this section, there shall be a Chief of the bureau. (c) The heads of divisions and bureaus shall perform such functions as the Commissioner prescribes.

History: Repealed. Sept. 29, 1970, No. 2820, § 3, Sess. L. 1970, p. 315.

History: Repealed. Jan. 18, 1978, No. 4085, § 1, Sess. L. 1978, p. 7. Cite as: 3 V.I.C. § 255, 255a

(a) The Department shall exercise general control over the enforcement of the laws relating to public safety, and shall- (1) administer a police system providing police service for the protection of persons and property within the jurisdiction of the Virgin Islands; (2) [Repealed.] (3) administer, supervise, and enforce the regulations and laws covering the ownership, operation, and control of motor vehicles, and direct and control traffic and supervise and enforce the laws relating thereto; (4) provide security for all school buildings, property, students, personnel, and materials through a Bureau of School Security established within the Department; (5) coordinate, supervise, and direct a Police Auxiliary; (6) [Repealed.] (7) [Repealed.] (b) The Department shall prepare the budget for the Department, for submission to the Commissioner of Finance. (c) Subject to the approval of the Governor, the Commissioner may prescribe fees, not to exceed $1.00 per copy, for copies of any reports, photographs, or fingerprints which are issued by the Commissioner. (d) The Virgin Islands Police Department shall administer, supervise, and enforce rules and regulations of a school security program. The administrators of the program shall perform such functions as prescribed by the Commissioner of Police in consultation with the Commissioner of Education. The administrators shall have the power to implement, administer, supervise and coordinate all programs and policies to ensure adequate protection of the public schools, property, students, personnel and equipment. Provided that, whenever the Police Department is providing school security at any of the public schools there shall not be any private security guards present performing the same functions. Provided further, that any funds that the Department of Education may save by not having to station private security guards at the public schools, because of the presence of the Virgin Islands Police Department, shall be transferred to the Virgin Islands Police Department to be used to help fund the school security program. History: Amended Mar. 4, 1966, No. 1607, Sess. L. 1966, p. 79; July 25, 1973, No. 3466, § 2, Sess. L. 1973, p. 220; Mar. 11, 1974, No. 3539, Sess. L. 1974, p. 52; Apr. 3, 1978, No. 4115, § 1, Sess. L. 1978, p. 53; Dec. 29, 1986, No. 5233, § 7, Sess. L. 1986, p. 414; June 24, 1987, No. 5265, §§ 902(f), 1001(b), Sess. L. 1986, pp. 86, 87; June 8, 1990, No. 5568, §§ 3, 4, Sess. L. 1990, pp. 218, 219; Apr. 12, 2008, No. 6997, § 3(b), Sess. L. 2008, p. 56; amended Apr. 8, 2022, No. 8545, § 2, Sess. L. 2022, p. 62.

(a) The Commissioner may prescribe rules and regulations, not inconsistent with law or other regulations authorized by law, for the proper administration of the Department, the conduct of its officers and other personnel, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it. (b) The Commissioner may also prescribe rules and regulations, subject to the approval of the Governor, requiring each appointee to the Police or Fire Division of the U.S. Virgin Islands Police Department, to attend a basic training course during the probationary period. History: Amended Mar. 3, 1966, No. 1595, Sess. L. 1966, p. 68; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

History: Repealed. June 24, 1987, No. 5265, § 707(e), Sess. L. 1987, p. 80.

(a) Police and Fingerprint Report $5.00 Duplicate Police and Fingerprint Report 5.00 Service of Summons (Liens) 15.00 Dance and Special Permits 40.00 Police and Burglary Report 5.00 Police Record 5.00 Duplicate Police Record 1.50 (b) The Commissioner shall not require any person who is a victim of the crimes of assault, burglary, rape or robbery to pay a fee for the police report of the incident. History: Added Nov. 7, 1983, No. 4877, § 312(c), Sess. L. 1983, p. 246; amended Jan. 7, 1992, No. 5824, § 15, Sess. L. 1992, p. 175.

(a) The Virgin Islands Law Enforcement Planning Commission, (hereinafter in this section referred to as the "Commission") is established as an agency of the Government of the United States Virgin Islands, within the Virgin Islands Police Department for budgetary purposes only, subject to the jurisdiction of the Governor, and is charged with and empowered to carry out the functions and responsibilities provided for under the provisions of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351), the Juvenile Justice and Delinquency Prevention Act of 1974 (Public Law 93-415) and all acts amendatory of and supplementary thereto, which acts, and amendments and supplements are hereinafter referred to collectively as the "Act". (b) The said Commission shall be composed as hereinafter provided: (1) a supervisory board (hereinafter the "Board") comprised of the advisory group appointed by the Governor pursuant to subsection (d)(1) of this section, which shall exercise supervisory responsibilities of the Commission only in conjunction with the Juvenile Juvenile Justice and Delinquency Prevention Act of 1974ded. (2) an administrative-technical staff under the supervision of an Administrator who shall devote full time to the Commission's work. (c) (1) Members of the Board shall serve for four (4) years, except that of the members first appointed, a bare majority shall be appointed for four (4) year terms and the remainder shall be appointed for two (2) year terms. (2) The Board shall annually elect one of its members as Chairman and such other officers as is deemed necessary to the proper functioning of the Board. The provisions of section 65a of this title shall govern the filling of vacancies on the Board. (3) The Board shall promulgate such regulations pursuant to Title 3, chapter 35, Virgin Islands Code, as are necessary to conduct its affairs and to comply with provisions of Federal and Virgin Islands law. (d) (1) The Governor shall appoint an advisory group to the Commission when and as required by section 223(a)(3) of the Juvenile Justice and Delinquency Prevention Act of 197Juvenile Justice and Delinquency Prevention Act of 1974to. (2) The Governor shall appoint a full-time Administrator of the Law Enforcement Planning Commission who shall be an attorney or otherwise qualified by training and experience in the administration of criminal justice, and who shall also serve as the administrator of the staff and functions of the Commission. (3) The Administrator, subject to the approval of the Board, only on matters concerning the Juvenile Justice and DelinquencyJuvenile Justice and Delinquency Prevention Act of 1974uch contracts with independent contractors and shall, in accordance with the personnel merit system of the Virgin Islands, employ such staff as is necessary to discharge the Commission's functions and responsibilities. (4) The positions of all staff personnel of the Commission with the exception of the Administrator and any other person employed in a position excepted from the career service in accordance with applicable law shall be in the career service of the Government. (5) Personnel of existing departments may be utilized in performing Commission staff duties. (6) The time limitations imposed on the Commission by section 303(a)(15) of P.L. 93-83, 87 Stat. 87 Stat. 197pply to all departments and agencies of the Executive Branch of the Government of the United States Virgin Islands and any request, requisition or application made to or by the Commission to or by any such department or agency shall be approved or disapproved in whole or in part no later than ninety days after receipt of such request, requisition or application. If not disapproved (and returned with the reasons for such disapproval, including the reasons for the disapproval of each fairly severable part of such request, requisition or application which is disapproved) within ninety days any part of such request, requisition or application which is not so disapproved shall be deemed approved. (7) The Administrator is hereby authorized on behalf of the Commission to call upon any department, division, commission, office or agency of the Government of the Virgin Islands to supply such data, information or assistance as shall be necessary to the discharge of the responsibilities of the Commission. Each department, division, commission, office or agency of the Government of the United States Virgin Islands shall provide such data, information or assistance within a reasonable time upon request of the Commission, to the extent that such compliance is not inconsistent with law. (e) The Commission shall be advisory to the Governor and shall be the state planning agency for the Virgin Islands for all purposes and effects of the Act and is specifically authorized to qualify, participate and operate as provided by the Act and by section 67, Title 3 of the Virgin Islands Code. The Commission shall: (1) advise and assist the Governor in developing policies, plans, programs, and budgets for improving the coordination, administration and effectiveness of the criminal justice system in the Virgin Islands; (2) prepare criminal justice plans on behalf of the Governor. Such plans, and any substantial modification thereto, shall be submitted to the Legislature for its advisory review of the goals, priorities and policies contained therein. Such plans, to be periodically updated, shall be based on an analysis of the Virgin Islands' criminal justice needs and problems and shall be in conformance with the Virgin Islands and other appropriate regulations; (3) establish goals, priorities and standards for the reduction of crime and delinquency and the improvement of the administration of justice in the Virgin Islands; (4) recommend legislation to the Governor and Legislature in the criminal justice field; (5) monitor and evaluate programs and projects, funded in whole or in part by the United States Virgin Islands Government, aimed at reducing crime and delinquency and improving the administration of justice; (6) cooperate with and render technical assistance to the United States Virgin Islands Government and private agencies relating to the criminal justice system; (7) apply for, contract for, receive and expend for its purposes any appropriations or grants from the Virgin Islands, the Federal Government, or any other source public or private; (8) have the authority to collect from any governmental entity information, data, reports, statistics or such other material which is necessary to carry out the Commission's functions; and (9) perform such other duties as may be necessary to carry out the purposes of this section. History: Added Oct. 4, 1968, No. 2344, § 2, Sess. L. 1968, Pt. II, p. 339; amended Nov. 13, 1968, No. 2351, Sess. L. 1968, Pt. II, p. 350; Jan. 10, 1969, No. 2377, Sess. L. 1968, Pt. II, p. 411; Nov. 15, 1971, No. 3125, Sess. L. 1971, p. 360; June 4, 1975, No. 3697, § 1, Sess. L. 1975, p. 29; Nov. 6, 1975, No. 3759, Sess. L. 1975, p. 183; Sept. 6, 1978, No. 4200, §§ 1-3, Sess. L. 1978, pp. 221-223; Oct. 14, 1986, No. 5206, § 114(a)-(e), Sess. L. 1986, p. 241; June 24, 1987, No. 5265, § 1001(c), Sess. L. 1987, p. 87.

(a) There is established within the Department, Police Division, a Bureau of School Security, in the District of St. Thomas/St. John and in the District of St. Croix. The Bureau shall be headed by a Commander, who shall be a ranking police officer. (b) The Commander shall perform such functions as may be prescribed by the Chief of Police. The Commander shall have the power and it shall be the duty of the Commander to implement, administer, supervise, and coordinate all programs and policies to ensure adequate protection of all public school buildings, property, students, personnel, and equipment. The Commander shall perform all duties in cooperation with the Commissioner of the Department of Education and shall establish a liaison within the Department of Education to carry out the provisions of this section. (c) The Commander shall report on the preparation of the annual budget and on detailed information on the future needs and past accomplishments of the Bureau of School Security. Such report shall be submitted to the Commissioners of Education and Police, with a joint report forwarded to the Governor by the Commissioners, not later than February 1 of each year. The Commissioner of Police shall, in consultation with the Commissioner of Education and in the manner prescribed by law, promulgate rules and regulations for the proper administration of the Bureau of School Security. (d) The Commander shall provide twenty-four hour security services for each public high school and each public junior high school in the Territory. The Commander shall provide such other appropriate security measures for the various other schools, property, personnel, and equipment in consultation with the Commissioner of Education. (e) The Commissioner of Police, in consultation with the Department of Education, may utilize security guard services of private companies to supplement the Bureau of School Security. History: Added June 8, 1990, No. 5568, § 5, Sess. L. 1990, p. 219.

(a) The Commissioner of Police shall establish within the Virgin Islands Police Department a Cold Case Squad, including special investigators from the Department of Justice, exclusively to investigate homicides in the territory. (b) The Commissioner may contract with retired police officers to augment the squad. History: Added June 16, 2007, No. 6928, § 11, Sess. L. 2007, p. 47.

The technologies available allow law enforcement agencies and officers to respond to crime events more efficiently, more deliberately, with improved operational intelligence, and with a proactive emphasis on officer, citizen, and community safety. However, the increasingly vast amount of data, information, and intelligence can be difficult to manage. Agencies may struggle with filtering out what is immediately important versus what can be useful in delivering more critical and timely information to the appropriate constituencies: the officers or detectives on-scene, commanders in the field, and law enforcement executives. (a) The Commissioner of Police shall establish, within the Virgin Islands Police Department, a Real Time Crime Center with offices on St. Thomas and St. Croix. The mission of the Real Time Crime Center is to provide the Virgin Islands Police Department with the ability to capitalize on a wide and expanding range of technologies for efficient and effective policing. (b) The Real Time Crime Center must be equipped with the following: (1) Gunshot detection technology; (2) Surveillance camera network; (3) Automated license plate reading; (4) Fingerprint technology; and (5) Automated Criminal records including complaints, arrests, convictions, juvenile records, and facial recognition capability. (c) The Police Commissioner shall consult with the Attorney General for his approval if the records to be entered in the Real Time Crime Center are confidential. History: Added Jan. 20, 2024, No. 8797, § 1, Sess. L. 2023, p. 197.

(a) There is established as an executive department in the Government of the United States Virgin Islands the Department of Licensing and Consumer Affairs (hereinafter, referred to as the "Department"). (b) At the head of the Department there shall be a Commissioner of Licensing and Consumer Affairs, (hereinafter, referred to as the "Commissioner"). The Commissioner shall be appointed by the Governor with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. The Department shall be administered under the supervision and direction of the Commissioner. (c) The Governor shall appoint an Assistant Commissioner and such deputies or division directors as he deems necessary for the efficient operation of the Department. The duties of the officers appointed under this subsection shall be prescribed by the Commissioner consistent with the provisions of this chapter. (d) The Governor shall organize the Department to provide the most efficient, cost-effective, and coordinated delivery of services and programs within its jurisdiction. History: Added June 24, 1987, No. 5265, § 702, Sess. L. 1987, p. 67.

The Department shall provide and administer consumer services and programs pursuant to this chapter and the Consumer Protection Law of 1973, as set forth in Title 12A of this Code; shall establish, administer, coordinate and supervise the regulation and licensing of private business and professions, including automobiles for hire; and shall administer services to agencies, boards and commissions as provided in this chapter and Title 27 of this Code. History: Added June 24, 1987, No. 5265, § 702, Sess. L. 1987, p. 67; amended Dec. 2, 1999, No. 6333, § 10(a)(1), Sess. L. 1999, p. 183.

(a) Duties and responsibilities. The Department shall have the following duties and responsibilities: (1) study the problems of the consumer and determine the best methods of protecting consumer interests; (2) compile, evaluate and publicize the existing laws and regulations for the protection of consumers and recommend legislation deemed necessary for such purposes; (3) coordinate with other agencies and departments of the Government of the United States Virgin Islands to promote and watch over the enforcement of all laws, rules, regulations and orders which affect the interests of consumers; (4) educate and guide consumers in the adequate solution of their problems and in the best use of their income and of their credit, using therefor all techniques and means of communication within its reach; (5) promote the establishment of quality standards for consumer products and require their fulfillment; (6) establish the necessary coordination with other Government agencies and organizations for the effective education and guidance of the consumer in accordance with the programs and activities of each agency; (7) confer with consumers and offer technical and legal advice to consumers; (8) enforce all laws relating to the advertising, offering for sale and the sale of commodities, goods, wares and services; receive and evaluate complaints and initiate its own investigations relating to these matters and take appropriate action, including referral to a federal or territorial department or agency; (9) represent the public consumer before any private entity or public organization in any matter affecting or which might affect the interests of consumers; (10) serve as mediator, on request of any interested party, in the solution of controversies arising between consumers and suppliers; (11) stimulate the formation of nonprofit private groups of consumers exclusively engaged in protecting and watching over the interests of consumers; (12) promote, on behalf of consumers, fair and honest practices of commerce and industry in their transactions with the consumers, and prepare codes of ethics to which merchants and businessmen operating in the United States Virgin Islands may voluntarily subscribe, or use any other appropriate measures to obtain the same results; (13) enforce all laws in relation to weights and measures and price controls; and (14) have cognizance and control of the granting, transferring, revoking, suspending and canceling of all licenses and permits, except in cases with respect to which, and to the extent to which, any of said powers are conferred upon another agency or person by law, and shall collect all fees for licenses and permits, the collection of which by some other agency or person is not authorized by law. (b) Powers. The Department shall have the following powers: (1) approve, amend or revoke those rules, regulations, orders and determinations necessary to the compliance of this chapter. Prior to the adoption of the rules and regulations, the Department shall hold public hearings after publishing a notice in at least one of the newspapers of general circulation in the United States Virgin Islands, indicating the date, place and nature of said hearings. The publication shall be made at least five (5) days in advance of the hearing; (2) file any necessary legal action to fulfill the purposes of this chapter and enforce the rules, regulations, orders and determinations of the Department; (3) appear for and in representation of consumers before any court, board, committee, administrative organization, department, office or agency of the Government of the United States Virgin Islands, in any hearing, proceeding or matter that affects or may affect the interest of consumers in general, or groups of consumers, or of any particular consumer; (4) establish all annual licensing fees not otherwise established by law; (5) upon previous notice and an opportunity for a fair hearing, impose administrative fines for violations of the rules, regulations and orders approved or prescribed by the Department. Such fines shall not be less than $25 nor more than $1,000; (6) enter into contracts or agreements with public or private institutions for carrying out investigations, examinations or analysis of products, articles or services as well as to carry out publicity campaigns; and (7) perform all those other necessary, convenient, and reasonable acts for the most efficient achievement of the purposes of this chapter, including the holding of public and administrative hearings. (c) Studies and investigations, subpoena power. (1) The Department is empowered to carry out studies and investigations on matters affecting consumers and for such purposes the Department may require the information which might be necessary, pertinent and essential to achieve such purposes and to approve the necessary and reasonable rules and regulations. The Department may issue subpoenas requiring the appearance of witnesses and the production of data or information to carry out the purposes of this chapter. It may also administer oaths and receive testimony, data or information. (2) If a subpoena issued by the Department is not duly complied with, the Department may invoke the aid of any court of the United States Virgin Islands to require compliance with any such subpoena. (3) No person shall refuse to comply with a subpoena of the Department to produce the required evidence, or refuse to answer any questions in connection with any study or investigation, or refuse to comply with a judicial order so issued on the grounds that the testimony or evidence required may incriminate him or subject him to criminal prosecution or that it may cause his dismissal or removal from his employment. A person sworn or examined before the Department shall not be held to answer criminally or be subject to any penalty or forfeiture for any fact or act upon 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. (d) Cease and desist orders. (1) After a hearing and determination that an accused party has violated this chapter or any administrative order, resolution or regulation issued pursuant to this chapter, the Department may issue against such accused party an order to cease and desist and may prescribe the corrective terms and conditions that through the evidence at its disposal it may determine beneficial to consumers. (2) The orders issued under this subsection shall be served upon the accused party at his or its place of business or by certified mail to his or its last known address. (3) The Department may apply to the District Court of the Virgin Islands requesting that any cease and desist order issued by it or any corrective order be put into effect. (4) Noncompliance with a judicial order granted at the Department's request shall constitute contempt of court. (e) Publicity; fraudulent or deceitful practices. The Department may, when it deems it appropriate on behalf of the consumer, inform the public through available means of any illegal, fraudulent and deceitful practices committed in the goods and services market. (f) Appeals. (1) Any person directly or adversely affected by acts, orders or resolutions issued by the Department in accordance with the powers granted by this chapter, may within the ten (10) days following his notification file a written petition for reconsideration, specifying his objections. (2) Any person aggrieved by the decision of the Department to a request for reconsideration may within ten (10) days following the date of the notice of such decision file an appeal for review with the District Court of the Virgin Islands. (3) The appeal for review shall state the fundamentals on which the petition for review is based. On the filing of the petition, the petitioner shall notify same to the Department within five (5) days from and after its filing. (4) When the appeal for review has been established, it shall be the duty of the Department to take to the court a certified copy of the documents appearing in the record, within ten (10) days from and after the date in which it was notified of the filing of the appeal for review. When the documents have been received, the court shall indicate the hearing of the appeal to take place within 120 days from the date said documents were received. The court shall review on their merits the issue of facts and questions of law which caused the review of the decision of the Department. (5) The court shall issue its decision of the case within a term of five (5) days from the date of the holding of the hearing. The court shall notify the Department of its decision within ten (10) days following the decision on such appeal. (g) Prohibited practices. Every type or kind of act, practice, advertisement or publicity is prohibited which constitutes or tends to constitute fraud or deceit, where the article, product or service is falsely represented or which creates in the consumer an image or erroneous impression of the brand, price, amount, size, quality, grade, salubrity or any other characteristics of the product, article or service. (h) Penalties. Any violation of the provisions of this chapter or of the provisions contained in the rules and regulations promulgated thereunder, or of the orders and resolutions issued by the Department shall constitute a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment of not to exceed six months, or by both at the discretion of the court. History: Added June 24, 1987, No. 5265, § 702, Sess. L. 1987, p. 67; amended Jan. 13, 1994, No. 5948, § 102, Sess. L. 1993, p. 336.

(a) The Public Services Commission is established as a semiautonomous agency of the Government of the Virgin Islands. (b) The Commission shall be composed of seven members, as follows: (1) Five members appointed by the Governor with the advice and consent of the Legislature; (2) Two members of the Legislature appointed by the President, one a resident of the District of St. Thomas-St. John, and one a resident of the District of St. Croix, who shall serve as nonvoting members. Of the five members appointed by the Governor, two members shall be citizens residing on the Island of St. Thomas, two members shall be citizens residing on the Island of St. Croix and one member shall be a citizen residing on the Island of St. John; however, a maximum of two Commission members may reside outside of the territory. The term of office of each appointed member shall be three years. Vacancies shall be filled for the unexpired term and members shall serve until their successors are appointed and qualified. (c) Three of the members appointed by the Governor shall constitute a legal quorum with the authority to hear and decide matters arising before the Commission. The Commission shall meet at such times and places as it may fix and determine. Virtual attendance of Commission meetings is allowed, and members attending virtually are included in the quorum count. Special meetings may be held on the call of the Chairman or any three members. All regular meetings of the Commission shall be open to the public. (d) The Commission shall annually elect one of its members to serve as its Chairman and one to serve as its Vice-Chairman. (e) The members may be removed by the Governor for cause. (f) The appointed members of the Commission shall receive $175 for each day or part thereof spent in the performance of their official duties. Every member of the Commission shall be reimbursed for necessary travel, subsistence and other expenses actually incurred in the discharge of his duties as a member of the Commission. (g) The Commission has the authority to sue and be sued in its own name and may retain counsel for its representation notwithstanding title 3, section 114 of the Virgin Islands Code. (h) Neither the Commissioners nor the Commission's employees or agents can be held personally liable for statements made, information delivered, or conduct performed in good faith while carrying out the Commission's duties and are entitled to an award of attorney's fees and costs if they are the prevailing party in a civil cause of action for libel, slander or any other relevant tort arising out of their activities in carrying out their responsibilities or assigned duties. (i) Members of the Commission must have education or experience in at least one of the following categories: (1) Engineering, Power Generation, Energy or Natural Resources 1 Conservation; or (2) Economics, Accounting, or Finance; or (3) Public Administration, Telecommunications, or Law; or (4) Solid Waste Engineering, Solid Waste Management, Water Treatment, or Environmental Protection; or (5) Computer Technology or Information Systems. (j) (1) No member of the Commission may have any financial interest in or be an agent or employee of any public utility, as defined in 30 V.I.C. § 1. (2) If any member acquires a financial interest in any public utility, that member shall cease to be a member of the Commission unless the member within 60 days of acquiring the financial interest or the position divests himself of the financial interest or the position. (3) For purposes of this subsection, "financial interest" means financial interest as defined in section 1101(1) of this title. (k) (1) No family member of a person serving in an executive capacity at a public utility subject to regulation by the Commission may be appointed to the Commission. (2) For purposes of this subsection, (A) A family member means a spouse, parent, parental guardian, grandparent, child, grandchild aunt, uncle, niece or nephew. (B) A person serving in an executive capacity means a person who holds any of the following titles at a public utility: (i) Chief Executive Officer or Assistant Chief Executive; (ii) Chief Financial Officer or Assistant Chief Financial Officer; (iii) Chief Operating Officer or Assistant Chief Operating Officer; (iv) Executive Director or Assistant Executive Director; (v) President; (vi) Vice President; or (vii) Any other senior management position responsible for strategic and tactical management of any portion of the public utility. (l) (1) No person serving in an executive capacity at a public utility may serve as a member of the Commission for at least two years after leaving employment with the public utility. (2) No member may enter into an employment relationship, a consulting or representation agreement, or other similar contract or agreement with either an entity regulated by the Commission or a subcontractor of the entity for a period of one year after the member ceases to serve as a member of the Commission. (3) No voting member may hold any other public office or an elected office in the local or federal government; and (4) (A) No member may raise funds or solicit contributions for any political candidate or political party, or actively campaign for any candidate for public office; except that a member may actively campaign for a family member. (B) The mere attendance of a member at a political event or politically oriented event does not constitute a violation of subparagraph (A). History: Added June 24, 1987, No. 5265, § 702, Sess. L. 1987, p. 67; amended Nov. 7, 1988, No. 5394, § 17(a), Sess. L. 1988, p. 373; Apr. 6, 1990, No. 5539, § 2(a), Sess. L. 1990, p. 166; Sept. 28, 1990, No. 5636, § 1(a)(6), Sess. L. 1990, p. 346; Aug. 31, 2005, No. 6755, § 8, Sess. L. 2005, p. 230; amended May 19, 2021, No. 8452, §§ 1-4, Sess. L. 2021, p. 21-23; amended Aug. 3, 2021, No. 8471, §§ 1; 10, Sess. L. 2021, p. 112, 120.

(a) The Virgin Islands Taxicab Commission is established as a semiautonomous agency. The Commission is situated within the Department of Licensing and Consumer Affairs for budgetary purposes only. (b) The Commission is composed of nine members appointed by the Governor with the advice and consent of the Legislature. Of the seven members appointed: (1) Three (3) members must be selected from the taxi industry, one from each island, who are active taxi drivers who own taxi medallions; and (2) Three (3) members must be from the public-at-large who are not government employees, and providing that one (1) member each must be a resident of St. Croix, St. Thomas and St. John respectively. (3) One (1) member who must be retired with a background in law enforcement or the legal profession; and (4) One (1) member who is an employee of the V.I. Department of Tourism and one (1) member who is an employee of the V.I. Department of Licensing and Consumer Affairs as recommended by their respective commissioners, provided further that one employee shall be a resident of the District of St. Croix and one employee shall be a resident of the District of St. Thomas-St. John. (c) All members of the Commission serve a term of three years; except that any person appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed serves only for the remainder of the term. Members may be reappointed subject to title 3 Virgin Islands Code section 65a(c) of this title. Upon expiration of a member's term, the member serves until the member's successor is appointed and qualified. Vacancies are filled for the unexpired term of a member in the same manner as the initial appointment. (d) The Commission shall elect a chairperson and a vice-chairperson annually for terms of one year. The chairperson shall preside at all meeting, and the vice-chairperson shall preside in the absence or disability of the chairperson. The Commission may, in the absence or disability of the chairperson and the vice chairperson, elect any of its members to act as the chair pro tempore. Five members of the Commission constitute a quorum for the transaction of business, and the Commission may conduct its business, notwithstanding vacancies, if a quorum is present. The Commission shall meet at such time and place as it may fix and determine. Special meetings may be held on the call of the Chair or any three members. (e) Each member of the Commission who is not a Government employee shall receive the sum of $75 for each day, or part thereof, spent in the performance of official duties and in addition, must be reimbursed for necessary travel, subsistence and other expenses actually incurred in the discharge of duties as a member of the Commission. (f) The Commission is charged with the responsibility for the continuance, further development, and improvement of taxicab passenger service within the territory and the overall regulation of taxicabs, taxicab companies, and taxicab associations. In addition to the other powers and duties granted to it by law, the Commission may: (1) Issue medallions in accordance with the procedures of Title 20, chapter 37, subchapter II of this code; (2) Issue license plates to owners of Title 20bichapter 37re who properly registered their vehicles with the Motor Vehicle Bureau and in accordance with the procedures of Title 20, section 339, of this code, and who also are owners of medallions as provided in Title 20, chapter 37, subchapter II, of this code; (3) Recommend the adopTitle 20enchapter 37revocation of rules and regulations, not inconsistent with the law, for the regulation and control of the automobile for hire industry in the Virgin Islands; (4) Make recommendations for the establishment, improvement, and enhancement of tourist attractions in the Virgin Islands particularly related to the automobile for hire industry; (5) Cooperate and coordinate its activities with other agencies, public and private. (6) Receive and investigate complaints, conduct hearings and issue subpoenas with regard to the conduct of operators of automobiles for hire and impose, through the Commissioner of the Department of Licensing and Consumer Affairs, administrative fines and penalties as provided by law; (7) Establish standards, conditions, and requirements of taxicab service; (8) Establish standards for driver and passenger safety; (9) Contract with any public or private agency, individual, partnership, association, corporation or other entity, consistent with law, for the provision of services necessary to improve the quality of taxicab service; (10) Accept grants and donations from public or private entities for the purpose of improving the quality of taxicab service in the Territory; (11) Hire an executive director in whom the administrative management of the duties and responsibilities of the Commission under this subsection are vested, taxi inspectors who in addition to the powers granted elsewhere in this code shall have the specific power to issue traffic citations for the unauthorized operation of a taxi, and such other employees as the commission considers necessary to carry out the purpose of its duties; and (12) Exercise such other incidental powers that may be necessary for the purposes of its establishment and operation, as are not in conflict with the law. (g) Any person aggrieved by any decision rendered by the Commission may, within 10 days following the date of notice of the decision, file an appeal with the Superior Court of the Virgin Islands. (h) The Commission may appoint one or more committees. (1) A committee must consist of no fewer than four members of the Commission. (2) Before appointing a committee, the Commission shall adopt rules and regulations specifying the duties and responsibilities, powers and authority, including the rules and procedure to be followed for every committee that may be appointed. (3) A person aggrieved by any action of a committee may appeal to the Commission for a review of the action within 10 days following notification of the action by a committee. (i) The Commission shall make recommendations to the Governor and the Legislature on all matters relating to the operation, regulation and control of automobiles for hire. Recommendations must take the form of written resolutions adopted by a majority of the members of the Commission present and voting when a quorum is present. If a recommendation of the Commission is approved by the Governor and it can be implemented without legislation, the Governor shall, within 30 days after receipt thereof, take all necessary and appropriate action for the implementation of the recommendation. The Governor shall submit recommendations requiring legislation for their implementation to the President of the Legislature for consideration by the Legislature at its next regular or special session following receipt of the recommendation. (j) At the end of each fiscal year, the Commission shall issue a written report of its activities during the fiscal year to the Governor and the Legislature. The report must include a detailed summary of all fees collected under title 20 Virgin Islands Code, section 433(b) and an estimate of the monies needed to meet the operating expenses of the Commission for the following year. History: Added Oct. 10, 2007, No. 6968, § 1, Sess. L. 2007, p. 274; amended July 12, 2011, No. 7266, § 4, Sess. L. 2011, p. 119; amended Aug. 1, 2023, No. 8735, § 1, Sess. L. 2023, p. 55.

History: Repealed. Dec. 23, 2003, No. 6634, § 32, Sess. L. 2003, p. 143.

Any reference in this Code to the Consumer Services Administration or to the Director of Consumer Services shall be deemed to refer to and apply to the Department of Licensing and Consumer Affairs and the Commissioner of Licensing and Consumer Affairs, respectively. History: Added June 24, 1987, No. 5265, § 702, Sess. L. 1987, p. 67.

(a) There is established in the Office of the Governor, the Virgin Islands Tax Study Commission, which shall be composed of eight members among whom shall be: two ex-officio members, the Commissioner of Finance or the Commissioner's designee and the Director of the Internal Revenue Bureau or the Director's designee, the latter of whom shall be an ex-officio non-voting member; and six members appointed by the Governor of the Virgin Islands, three of whom shall be from the St. Croix district, and three of whom shall be from the St. Thomas/St. John district. At least three of the Governor's appointees shall be from the private sector. (b) All appointees to the Commission shall have expertise in either tax, banking, accounting, finance or insurance. (c) The Commission shall elect a chairman and other officers. The Governor may not remove any member during the life of the Commission, except for misfeasance or malfeasance in office. (d) Except for private sector members who will be paid $75 per meeting, members of the Commission shall serve without compensation, but shall receive payment for necessary expenses for each day engaged in the service of the Commission. However, no member, except those from the private sector, may receive more than $50 per day or more than $1,000 per year for expenses, exclusive of transportation. (e) The Commission shall study and analyze all Virgin Islands laws and regulations relating to taxes, licenses, and fees to determine which laws or regulations must be continued, revised, abolished or replaced by new revenue measures to eliminate any undue burdens on taxpayers. Additionally, the Commission shall study and analyze the laws of other jurisdictions to determine whether those tax laws are desirable substitutes for the tax laws presently in effect in the Virgin Islands. (f) The Commission may summon and subpoena witnesses, require the production of books, accounts, documents, records and papers of every kind and description, and shall use all reasonable means to compel the attendance of witnesses. The Commission may take oral or documentary testimony, relative to its duties and functions provided, however, that all powers of production and information by the Commission shall be consistent with and subject to the provisions of the Internal Revenue Code, and title 33 of the Virgin Islands Code. (g) The Commission may employ such research, technical or professional staff as necessary to carry out its duties and responsibilities and may partner with the University of the Virgin Islands for this needed technical support. (h) The Commission's study shall include, but shall not be limited to: (1) An evaluation of the Internal Revenue Code of 1986, as amended and as applicable to the Virgin Islands, including the impact of refundable credits and the deInternal Revenue Code of 1986ternal Revenue Service as applicable to the United States Virgin Islands taxpayers; (2) The consideration of adoption of a Virgin Islands Internal Revenue Code for the purpose of implementing a local income tax provision; (3) The imposition, modVirgin Islands Internal Revenue Codess receipt taxes; (4) The imposition of a sales tax or a value added tax in lieu of the gross receipts tax, provided that such study shall include a review of covenants for any bond indenture secured by gross receipts taxes; (5) The imposition, modification, or elimination of customs and excise taxes on goods, and the exemptions thereto, including, but not limited to: (A) The exemptions of foodstuff, as currently provided in title 33, section 42(e)(2) of the Virgin Islands Code; and (B) The exemption on boats, boat engines and boat42(e)(2) of the Virgin Islands Code No. 6008, enacted August 26, 1994; (6) The desirability of operating and maintaining cAct No. 6008nce facilities and the opportunities for the privatization thereof; (7) The feasibility of a tax on internet and catalog sales; (8) Review of the imposition of a gross receipts or similar tax in lieu of the entertainment and amusement tax; (9) Review of the production tax, as provided in title 33, chapter 9 of the Virgin Islands Code; (10) A comparattitle 33sschapter 9 of the Virgin Islands Codees levied on hotels and other guest accommodations with other tourist destinations, including the Caribbean islands and the United States; (11) The adequacy of the highway users' tax and the exemptions thereto to finance more frequent maintenance of roads in accordance with the Territory's capital improvement plan; (12) The consideration of the imposition of a property tax, whether one-time, annual or otherwise, on motor vehicles in lieu of the highway user's tax; (13) Review of the assessment and collection of the real property taxes, including the provision of an early payment incentive on payment of real property taxes, the collection of property taxes on a quarterly basis, and an assessment methodology for commercial property based on the value of the business as compared to best practices throughout the United States; (14) Cost benefit analysis of all exemptions from or reduction of taxes as provided by law including, but not limited to, the farmers and fishermen exemptions, the enterprise zones, economic development benefits, the lottery winning exemptions, and the small business exemption from gross receipts taxes; (15) Review of the miscellaneous excise taxes as provided in title 33, section 42(a) of the Virgin Islands Code; (16) Review and comparison of other tax incentive programs in similar jurisdictions in partnership with the Economic Development Authority and the University of the Virgin Islands Research and Technology Park; and (17) Methods to address tax collection issues and the possible creation of a Tax Payer Registry. (i) The Commission may apply for public or private grants, gifts, or donations which shall be placed into a dedicated subaccount of the General Fund in the Treasury of the Virgin Islands and maintained by the Commissioner of Finance. Money may be disbursed from the subaccount for the purposes provided in this section, upon warrant of either the Chairperson or Co-Chairperson of the Commission. (j) The Commission may convene every five years to perform a tax review as determined by the Governor and the Legislature. However, the first Commission meeting within which a quorum is established shall be held no later than one 180 days after the enactment of this Act. (k) The Commission shall file a report of its study with the Governor and the Legislature of the Virgin Islands within two years after the first Commission meeting is held, where a quorum is established. This report should include recommendations and draft legislation, if necessary, to implement such recommendations. The priority items to be included in the report are as follows: (1) The imposition, modification, or elimination of gross receipt taxes; (2) The imposition of a sales tax or a value added tax in lieu of gross receipts taxes, including a review of covenants for any bond indenture secured by gross receipts taxes; (3) The feasibility of a tax on internet and catalog sales; and (4) Methods to address tax collection issues and the possible creation of a tax payer registry. (l) The Governor and the Legislature will have 180 days following the submission of the report to determine the appropriate timeline for review of any remaining items outlined in subsection (h) of this section. (m) The Commission shall have annual meetings with the Governor and the Legislature to provide an update on its study. History: Added Jan. 18, 2020, No. 8249, § 1, Sess. L. 2019, p. 145-148.

(a) There is established as an executive department in the Government of the Virgin Islands the Department of Agriculture (hereinafter, in this chapter, referred to as the "Department"). (b) At the head of the Department, there shall be a Commissioner of Agriculture (hereinafter, in this chapter, referred to as the "Commissioner"). The Commissioner shall be appointed by the Governor with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. The Department shall be administered under the supervision and direction of the Commissioner. (c) The Governor shall appoint an Assistant Commissioner of Agriculture who shall be a resident of the island district different from that of the Commissioner. The Assistant Commissioner shall serve as Acting Commissioner during the temporary absence of the Commissioner. The Governor shall appoint such deputies and division directors as he deems necessary for the efficient and effective operation of the Department. (d) The Governor shall organize the Department to provide effective, cost-efficient execution of its powers and duties. The Commissioner shall prescribe the duties and responsibilities of the officers and personnel of the Department consistent with the powers and duties vested in the Department. History: Added May 8, 1995, No. 6070, § 13, Sess. L. 1995, p. 179.

The Department, through the Commissioner, is empowered and has the duty to: (1) promote, administer, and enforce the programs under Title 7 of this code; (2) promote, assist, and encourage good relations and services among producers, distributors and consumers of food products; (3) maintain reliable information on the cost of agriculture production and marketing; (4) supervise and regulate, in accordance with law, grain warehouses, conservation programs, extension programs, experimental agriculture stations, and farms; (5) inspect and regulate, pursuant to law, all slaughter pens and houses, vegetable and fruit markets, farms, gardens or orchards engaged in the production of fruits and vegetables, plant nurseries, and imported fruit, vegetables and plant life; (6) inspect and regulate the manufacture, distribution, and sale of fertilizers; (7) inspect and regulate, in accordance with law, the grading, packaging, storage and sale of all locally grown fruit and vegetables and animal products; (8) investigate and regulate insect and plant diseases; (9) administer and enforce laws regulating aquaculture; (10) coordinate and cooperate in federally aided or sponsored agricultural programs sponsored or required by the Government of the United States and enter into contracts or agreements for participation in such programs, and to comply with the federal requirements for agricultural programs; (11) prepare a strategy for the preservation and expansion of locally produced agricultural products in the Virgin Islands; (12) supervise and regulate, in accordance with law, all public veterinary services; (13) inspect and regulate, in accordance with law, meat and poultry markets, including cold storage meat and poultry, all imported meats and poultry and meat and poultry foodstuffs, the manufacture, distribution, and sale of animal feeds and feedstuffs, and any animal terminals or depots established in the Territory; (14) investigate the causes, modes of propagation and means of prevention and control of animal and plant diseases; (15) promulgate rules and regulations for the effective exercise of its powers and duties; (16) prepare an annual budget for all Department operations for timely submission to the Director of the Office of Management and Budget. History: Added May 8, 1995, No. 6070, § 13, Sess. L. 1995, p. 179.

Subpoenas; Compelling Obedience; Contempt (a) For the purposes of the exercise of the powers vested in him and the performance of the duties and functions imposed on him by law, the Commissioner, or his duly authorized representative, may conduct investigations and hold hearings upon due notice, and in connection with the foregoing shall have the power to administer oaths and affirmations, receive evidence, and at all reasonable times have access to, and for the purpose of examination, the right to copy evidence of any person that relates to any matter under investigation or in questions before him. The Commissioner may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to the matter under investigation or in question before him. (b) In case of contumacy or refusal to obey a subpoena issued to any person, the Superior Court of the Virgin Islands, upon application of the Commissioner, through the Attorney General, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commissioner or his duly authorized representative, to produce evidence as so ordered, or there to give testimony concerning the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof. History: Added May 8, 1995, No. 6070, § 13, Sess. L. 1995, p. 179.

Deputy (a) The Commissioner of Agriculture shall be the Territorial Forester of the Virgin Islands. (b) The Territorial Forester shall constitute the sole state agency for the handling of all programs of the federal government under the provisions of the federal laws referred to in Title 7, section 151, Virgin Islands Code. (c) In addition to such other duties as may be imposed by law, the Territorial Forester shall: (1) provide technical advice and service on forestry matters to private forest landowners; and (2) cooperate with the federal and state governments, and with private and public agencies in the procurement, production, and distribution of forest-tree seeds and plants, for the purpose of establishing forests, windbreaks, shelter belts, and farm woodlots on denuded or nonforested lands. (d) The Governor may appoint a Deputy Territorial Forester to act on behalf of the Commissioner of Agriculture in the discharge of his duties as Territorial Forester. History: Added May 8, 1995, No. 6070, § 13, Sess. L. 1995, p. 179.

(a) There is established as an executive department in the Government of the United States Virgin Islands, the Department of Sports, Parks and Recreation (hereinafter, referred to as the "Department"). (b) At the head of the Department there shall be a Commissioner of Sports, Parks and Recreation (hereinafter, referred to as the "Commissioner"). The Commissioner shall be appointed by the Governor with the advice and consent of the Legislature and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. The Department shall be administered under the supervision and direction of the Commissioner. (c) The Governor shall appoint two Assistant Commissioners for the Department and such deputies or division directors as he deems necessary for the efficient operation of the Department. One Assistant Commissioner shall be a resident of the District of St. Croix, and one shall be a resident of the District of St. Thomas-St. John. Each shall be responsible for the day-to-day functions of the Department within their respective districts. The duties of the officers appointed under this subsection shall be prescribed by the Commissioner consistent with powers and duties of the Department. (d) The Governor shall organize the Department to provide the most efficient, cost-effective and coordinated delivery of services and programs within its jurisdiction. History: Added June 18, 1962, No. 903, § 2, Sess. L. 1962, p. 193; June 24, 1987, No. 5265, § 501(a), Sess. L. 1987, p. 57; amended Oct. 5, 2012, No. 7442, § 1, Sess. L. 2012, p. 340.

The Department shall exercise general control over the enforcement and administration of the laws pertaining to sports, recreation and parks, and shall: (1) be responsible for the study and analysis of sporting, recreational, and park activities, the planning and programming of sporting, recreational, and park activities, including site selection, preparation of requests for public facilities, and related matters, and the formulation of recommended policies and programs to the Governor and the Legislature; (2) make market surveys and determine the quality and quantity of present and future sporting, recreational, and park needs and propose specific projects and sites; (3) conduct investigations to develop improved methods of financing projects and activities and the formulation of suggestions for further stimulating participation in sporting, recreational, and park activities by the private sector of the economy; (4) administer public recreation programs within housing projects and elsewhere in the United States Virgin Islands, including the organization and maintenance of youth sports leagues; (5) provide and maintain parks, recreation areas and sports complexes for public use and enjoyment and be responsible for the development of neighborhood parks or recreation areas that are primarily designed to provide facilities for team, recreational or individual sports; (6) promote physical fitness throughout the United States Virgin Islands; (7) be responsible for and administer beautification programs; (8) acquire property already devoted to public use; (9) plan for, install, construct and reconstruct parks, playgrounds and other public improvements; (10) cooperate with, and participate in activities of local, regional or national agencies, organizations, institutions or other official or unofficial bodies engaged in the same or related fields; (11) clear or prepare any property owned by it for redevelopment, conservation or rehabilitation; (12) make such expenditures, subject to the provisions of this chapter or any other applicable laws, regulations or restrictions, as may be necessary for the activities and operations of the Department and to carry out the purposes of this chapter; (13) conduct examinations and investigations on any matters material to the functions of the Department; (14) exercise all, any, part, or combination of the powers granted in this chapter; (15) prescribe rules and regulations, consistent with law, for the conduct of its personnel and the execution of its powers and duties; (16) prepare and submit to the Director of the Office of Management and Budget, in a timely manner, an annual budget of its operations; (17) create, maintain and submit a listing of all vacant and occupied vendor spaces as part of its annual executive budget submitted to the Legislature; and (18) annually publish on the Department's website a listing of all vacant and occupied vendor spaces. History: Added June 24, 1987, No. 5265, § 501(a), Sess. L. 1987, p. 57; amended Oct. 7, 2016, No. 7933, § 1, Sess. L. 2016, p. 187; amended July 20, 2022, No. 8609, § 1, Sess. L. 2022, p. 205; amended Jan. 20, 2024, No. 8805, § 1(1)(a)-(f), Sess. L. 2023, p. 237, 238.

(a) The Department is designated as the "state agency" for all programs pertaining to sports, recreation and parks wherever such designation is required by federal law for the purpose of participating in federal programs. (b) The Governor shall, by Executive Order, unless otherwise prohibited by law, conform the Department, by organization or otherwise, to the requirements of federal law to the extent necessary to qualify the Department as the "state agency" within the meaning of this section. History: Added June 24, 1987, No. 5265, § 501(a), Sess. L. 1987, p. 57; amended Jan. 20, 2024, No. 8805, § 1(2)(a), (b), Sess. L. 2023, p. 238.

History: Repealed. Jan. 20, 2024, No. 8805, § 2, Sess. L. 2023, p. 238.

History: Repealed. Jan. 20, 2024, No. 8805, § 2, Sess. L. 2023, p. 238.

History: Repealed. Jan. 20, 2024, No. 8805, § 2, Sess. L. 2023, p. 238.

The Magens Bay Authority, heretofore existing within the Department of Conservation and Cultural Affairs, is continued in the Department of Sports, Parks and Recreation for budgetary purposes only. History: Added June 24, 1987, No. 5265, § 501(a), Sess. L. 1987, p. 57; amended Oct. 5, 2012, No. 7442, § 1, Sess. L. 2012, p. 340.

History: Repealed. July 20, 2022, No. 8609, § 7, Sess. L. 2022, p. 209.

As used in this subchapter the following terms have the following meanings (1) "Commission" means the Virgin Islands Sports Commission established in section 312; (2) "Exercise" means a physical activity that is planned, structured, and repetitive for the purpose of conditioning any part of the body; (3) "Games" means an activity providing entertainment or amusement or a competitive activity or sport in which players engage in an activity; (4) "Leisure and recreation" means a time for off-work activity which refreshes a person's health or spirits by relaxation and enjoyment; (5) "Physical Education" means instruction in the development and care of the body ranging from simple callisthenic exercises to a course of study; (6) "Sports" means all forms of usually competitive physical activity which, through casual or organized participation, aim to use, maintain or improve physical ability and skills while providing entertainment to participants, and, spectators alike; (7) "Sports for All" means sport and physical education as a fundamental right for all according to United Nations Educational, Scientific, and Cultural Organization (UNESCO). (8) "Sports Policy" means a set of ideas or a plan of what to do in the particular area of sports. It is the official policy of the government to guide future development of sports. (9) "Sports Tourism" means specific travel outside of the usual environment of either passive or active involvement in competitive sports where sport is the primary motivational reason for travel and the touristic or leisure element may act to reinforce the overall experience. (10) "Sports Governance" means the manner in which governing bodies are directed, controlled and regulated, and how rights, authority, and responsibility are distributed among the participants in order to monitor performance and achieve goals. (11) "Sports Industry" means a market in which similar or closely related products are sold to buyers. It consists of a multitude of segments: youth sports, interscholastic sport, intercollegiate sport, Olympic sport, professional sport, sport manufacturing, sport retailing, sport consulting, sports marketing, sport merchandising, facility management, sport medicine and sport economics. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 271-273.

(a) There are established within the Department of Sports, Parks & Recreation the Virgin Islands Sports Commission comprised of: (1) the Commissioner of Sports, Parks and Recreation who serves ex-officio; (2) the president of the Virgin Islands Olympic Committee; (3) three representatives from the Virgin Islands Sports Federations, recommended by the Virgin Islands Olympic Committee, who rotate among the federations every four years; to run concurrent with Olympic quadrennial; (4) the Commissioner of the Department of Education, or a designated representative; (5) the Commissioner of the Department of Tourism, or a designated representative; (6) the Chief Executive Officer of the Virgin Islands Economic Development Authority, or a designated representative; (7) the District Chair of the Virgin Islands Horse Racing Commission or a representative designated by the Commissioner of Sports, Parks and Recreation if the District Chair is unable to serve. Representation on the Commission shall alternate between the districts after the initial four-year term. No district representative may serve consecutive terms. (8) the District Chair of the Virgin Islands Boxing & Wrestling Commission or a representative designated by the Commissioner of Sports, Parks and Recreation if the District Chair is unable to serve. Representation on the Commission shall alternate between the districts after the initial four- year term. No district representative may serve consecutive terms. (9) the District Chair of the Virgin Islands Automobile Racing Commission or a representative designated by the Commissioner of Sports, Parks and Recreation if the District Chair is unable to serve. Representation on the Commission shall alternate between the districts after the initial four- year term. No district representative may serve consecutive terms. (10) Two individuals from the private sector appointed by the Governor. (b) Members on the Commission shall serve staggered four-year terms with the exception of the President of the Virgin Islands Olympic Committee; Commissioners of the Virgin Islands Departments of Sports, Parks and Recreation, Education, and Tourism and the Chief Executive Officer of the Virgin Islands Economic Development Authority. The representatives of the VI Sports Federations shall serve four-year terms. The representatives from the private sector shall begin their terms as four-year terms. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 273; amended Jan. 26, 2016, No. 7832, § 8(a), Sess. L. 2015, p. 265.

The Commission shall: (1) Develop and enforce all laws s and policies that govern sports and recreation in the Virgin Islands; (2) Facilitate the establishment and maintenance of a Virgin Islands Sports Hall of Fame; (3) Induct athletes, sports officials, and persons who are deserving of national awards into the Virgin Islands Sports Hall of Fame based on appropriate criteria established by regulations promulgated by the Commission; (4) Recommend to the National Hall of Fame Committee, persons who are deserving of national awards and make recommendations for the honoring of sports achievers in ways other than induction into the Hall of Fame; (5) Establish policies and guidelines for training and selecting Virgin Islands elite and potential elite athletes in collaboration with the Virgin Islands Olympic Committee; and national sports organizations; (6) Establish a Sports Tourism Policy in collaboration with the Department of Tourism, the Virgin Islands Olympic Committee and Virgin Islands National Sports Organizations; (7) Establish alternative dispute programs to deliberate on matters affecting non-olympic sports, recreation, leisure and wellness programs in the Territory and to advise the Government on the implementation of the National Sports Policies; (8) Identify locations and advise on the establishment, use, and maintenance of playing facilities in the territory; (9) Include activities for children, youth, adults, senior citizens, and the challenged; (10) Offer coaching development opportunities; (11) Recommend to the Government and the VI Olympic Committee areas of priority for providing funds for training and the development of personnel and athletes; (12) Generate funds for the administration of the Sports Commission through programs and fees generated from sports tourism programs and activities; (13) Serve as a link between local non-Olympic sports associations/organizations, the Virgin Islands Olympic Committee, local sports federations, inter-scholastic sports and organized recreational and wellness programs; (14) Provide assistance to sports, recreational and other related organizations where possible; such assistance will be based on accountability and proper management systems; (15) Set and monitor standards to guide athletes and sports development in areas such as safety, health, conditions, etc.; (16) Establish and maintain all records of the activities of organized sports activities territory wide; (17) Serve as the custodian of all records for all organized sports and major recreational activities in the territory; (18) Work closely with sports organizations to help strengthen their financial management and accountability systems; (19) Develop as a funding source for the Commission's operation revenues collected from activities related to sports programs; (20) Make sports, recreation and leisure programs accessible to all; (21) Facilitate an environment and culture in which there will be increased participation in sports and recreational activities; (22) Create career opportunities in sports, recreation, leisure and wellness; (23) Promote a coordinated and structured program of sports, recreation and leisure that support the development of the athlete's wellbeing and elite status; (24) Coordinate with all sports organizations to create and disseminate a sports calendar to help prevent major sports events from being scheduled simultaneously; (25) Ensure widespread representation and collaboration with the Territory's sporting entities; (26) Increase professional sports opportunities for youth; (27) Advocate for sports complexes to accommodate multiple sports and dormitory facilities in each island district; (28) Incorporate competence, confidence, connections, character, and caring in sports activities; (29) Organize elimination tournaments to select the best athletes for international competition; (30) Create a national uniform standard and logo for Virgin Islands Sports Organization; (31) Organize territorial tournaments to select the best athletes for international competition; (32) Work to incorporate sports into the curriculum from elementary school to college; (33) Adopt an anti-doping policy; (34) Conduct robust assessment of current and future needs of sports in the Virgin Islands; (35) Maintain, enhance, and protect sports and recreational facilities; (36) Require and validate that sports training is offered by certified or competent individuals; (37) Facilitate the offering of clinics for coaches, recreation leaders, game officials, and Department of Sports, Parks & Recreation specialists; (38) Offer elite summer camps and child safeguarding courses; (39) Advocate for renovating existing sports facilities; (40) Seek business sponsorships for national sports representatives and advocate for free inter-national travel for National team members to train and practice together; (41) Promote opportunities for the economic development of the Territory and prosperity through sports; (42) promote the development of public/private partnerships in the Virgin Islands and abroad among the Virgin Islands' Diaspora for funding and financial support for sports; (43) Promote healthy lifestyle and wellness for all; (44) Institute a program for the collection, management and retention of sports records; (45) Promote the participation of Virgin Islanders in international and national sports through the VI Olympic Committee, local sports organizations, Interscholastic Sports programs and community based physical and wellness activities; (46) Advocate for the enhancement and a well-coordinated development plan for sports facilities; and (47) Promote sports education and the achievement of national sport figures throughout the U.S. Virgin Islands via the media. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 274-277; amended Jan. 26, 2016, No. 7832, § 8(b), Sess. L. 2015, p. 265; amended Oct. 6, 2016, No. 7930, § 4(a), Sess. L. 2016, p. 184.

(a) The Commission shall develop and publish a National Sports Policy that serves as the framework for the development, guidance and administration of sports, recreation, leisure and wellness programs in the Territory. (b) The Commission shall administer sports policies and has oversight responsibility for the regulation and enforcement of all matters related to the implementation and management of the National Sports Policy. (c) The Commission shall adhere to the United Nations Inter-Agency Task Force on Sport for Development and Peace that adopted the following definition of Sport: "All forms of physical activities that contribute to physical fitness, intellectual and economic well-being; as well as social interaction, such as play, recreation, organized or competitive sport, indigenous sport and games." (d) The Commission shall adhere to the United Nations Inter-Agency Task Force on Sport for Development adoption of the following policy: "Sport for Development and Peace: Towards Achieving the Millennium Development Goals, outlines the universal appeal and unique attributes of sport and reflects on the important and diverse role it plays in virtually every society." History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 277.

The Commission shall establish from its inception a five or ten-year strategic master plan with a vision statement, mission statement, and policy objectives. Until the Commission adopts a new vision and mission statement and policy objectives, the following vision statement, mission statement, and policy objectives are in effect: (1) Vision Statement: To create a Virgin Islands society in which the residents participate in sports, recreation and leisure activities for all while building relationships with individuals inside and outside of their communities and enhancing individual personal wellbeing. (2) Mission Statement: The Mission of the National Sports Policy Statement is to provide guidance for the development of the Virgin Islands into a leading sports country in the region and the rest of the world. (3) Policy Objectives: This national sports policy is intended to serve as a vehicle to a new era in the development and administration of sports, recreation and leisure events that would improve the sports performance of individuals locally and internationally and the physical wellbeing of Virgin Islanders. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 278.

The Major goals of the Commissions are to: (1) Improve programming to ensure that sports are accessible, equitable and inclusive to meet the needs and interests of all participants, including individuals with special needs. (2) Increase participation in competitive, recreational and leisure sports and activities. (3) Increase students' participation and graduation rates. (4) Increase appreciation for the cultural values of the Virgin Islands, the values of fair play, ethical practices, including a commitment to dope-free sports and leadership among all participants. (5) Increase enhanced health, wellness and prosperity for all. (6) Implement a program for the collection, management and retention of sports records in the Territory. (7) Support the development of a program for the advancement of national and international athletes. (8) Support the development of a program for coaching and officiating education. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 278, 279.

The following programs must be included as part of the programming of the Commission and may be reviewed for continuation at a later date. (1) Physical Education and Interscholastic Sports in Educational Institutions in the Virgin Islands. (2) Sports Tourism. (3) Sports for All. (4) Private Sector Sponsorship and Investment Sports, Recreation and Leisure activities. (5) Print, Broadcast and Electronic Media in Promoting Sports, Recreation and Leisure activities. (6) Sports Culture and the Environment. (7) Health and Wellness for All. (8) Drug Free Sports Environment. (9) Virgin Islands Archives and the Collection and Retention of Sports Information. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 279.

(a) The Commission shall institute a system of financial accountability and expenditures for the development of sports and recreation in the Territory. (b) The Commission shall: (1) assume a leadership role in identifying and seeking financial support for sports and recreation programs from the federal government, the Virgin Islands Government, the public and private sector; (2) Deleted. (3) collaborate with sports organizations and coordinate their plans to undertake fund-raising programs; and (4) Assist in identifying sports that have high potential as viable economic opportunities for the territory. (c) The Commissioner of the Department of Sports, Parks and Recreations shall administer the monies received by the Commission either through appropriations from the Legislature of the Virgin Islands, donations or through fundraisers by the Commission to fund the activities of the Commission. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 279, 280; amended Oct. 6, 2016, No. 7930, § 4(b), Sess. L. 2016, p. 184.

(a) The Commission shall ensure that a Training and Development program is established for the enhancement of Virgin Islanders to pursue higher goals in sports, education, recreation and wellness. (b) The Commission shall endeavor to adequately improve the standard of sports and efficiency in implementing programs, training and development opportunities which must be provided to sports practitioners. To attain these ideals, the Commission shall give attention to development of human resources and to the following: (1) Establishment of a program for the provision of technical support for approved national sporting bodies on an agreed criterion; (2) Providing scholarships for sports persons to allow for exposure at a higher level of performance and to encourage professional development through education; (3) Maintaining and administering in the Territory a comprehensive health insurance program for sports organizations' personnel, athletes and other technical personnel; and (4) Compensation of athletes who win medals for the Virgin Islands. (c) Training for officials to enhance their capacity to officiate and administer sporting activities; (d) Acquiring and developing resource material such as manuals, coaching kits and electronic aids, which will assist in improving knowledge and advancing the technical skills of sport persons; and (e) Exposing national sport representatives to specialized personal development activities which will assist in their overall development. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 280.

The Commission shall encourage the wider coverage and promotion of sports activities and shall undertake to advocate for: (1) Increase in the publicity and exposure to sporting activities that highlight the endeavor of our sports persons and to stimulate public support and participation; (2) Assurance that all media houses play an active role in promoting sports as a healthy lifestyle and encourage the participation of all; (3) National sport organizations and affiliates to undertake marketing and promotional activities aimed at increasing and sustaining spectator attendance at sporting activities; (4) Educational activities to be developed to instruct the general public about the rules and skills of different sporting disciplines; (5) Media houses to record sporting events and develop structured sports programs; and (6) Media houses to pay due regard to the rights of the sporting bodies for their events. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 280, 281.

(a) The Commission shall promote its recognition that it is a fundamental objective of the Virgin Islands Education System to nurture an enquiring mind in a fit body and the future emergence of sports elite will depend on the development of a structured approach to sports in the primary, secondary and university levels of education. The Virgin Islands National Sports Policy must therefore seek to ensure that: (1) Sports are included as an integral part of the school curriculum and that a teaching manual be designed for physical education in schools, public and private; (2) Sports are promoted as a viable career opportunity; (3) All schools establish a structured sporting program which incorporates every student unless medically certified; (4) Physical education is taught at all levels of the education system; and (5) Every physical education teacher is duly certified. (b) The Virgin Islands Sports Commission shall encourage the wider coverage and promotion of sports activities and shall undertake to advocate for: (1) Increase in the publicity and exposure to sporting activities that highlight the endeavor of our sports persons and to stimulate public support and participation; (2) National sport organizations and affiliates to undertake marketing and promotional activities aimed at increasing and sustaining spectator attendance at sporting activities; (3) Educational activities to be developed to instruct the general public about the rules and skills of different sporting disciplines; and (4) Media houses to be encouraged to record sporting events and develop structured sports programs. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 281, 282.

The Commission shall advocate for high standards and safety, and improved performance as part of a National Sports Policy. The Sports Policy must seek to ensure that: (a) Facilities of an acceptable standard are established to allow for the development of a range of sports disciplines; (b) A proper system of management is established for the management and maintenance of sporting facilities; (c) Government ensures the availability of recreational space at schools, communities and housing developments; and (d) A special package of incentives is provided to the private sector for the establishment of sporting infrastructure. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 282.

(a) The Commission shall promote a supportive atmosphere that inspires and facilitates the emergence of elite performers. The Commission shall encourage greater recognition to sports personalities and administrators by Government, national sporting bodies and affiliates, the private sector and community organizations. (b) The Commission shall work towards national representatives and teams to have free access to all facilities to prepare for approved international competitions; (c) Special consideration must be given to outstanding national sports representatives to assist in securing employment and other benefits; (d) All departments, agencies and instrumentalities of the Government of the Virgin Islands shall cooperate with the Commission in implementing the Virgin Islands Sports Policy. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 282, 283.

If there is a conflict between this subchapter and other law, this subchapter controls. History: Added Oct. 13, 2014, No. 7659, § 1, Sess. L. 2014, p. 283.

(a) There is established as an executive department in the Government of the Virgin Islands, the Department of Tourism (hereinafter, in this chapter, referred to as the "Department"). (b) At the head of the Department, there shall be a Commissioner of Tourism (hereinafter, in this chapter, referred to as the "Commissioner"). The Commissioner shall be appointed by the Governor with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. The Department shall be administered under the supervision and direction of the Commissioner. (c) The Governor shall appoint two Assistant Commissioners of Tourism, one for the District of St. Thomas- St. John, and one for the District of St. Croix. A third Assistant Commissioner shall be appointed for Business and Industrial Development. In the temporary absence of the Commissioner, the Governor shall designate one of the Assistant Commissioners, as Acting Commissioner. The Governor shall appoint such deputies and division directors as he deems necessary for the efficient and effective operation of the Department. (d) The Governor shall organize the Department to provide effective, cost-efficient execution of its powers and duties. The Commissioner shall prescribe the duties and responsibilities of the officers and personnel of the Department consistent with the powers and duties vested in the Department. History: Added May 8, 1995, No. 6070, § 8, Sess. L. 1995, p. 176.

(a) The Department, through the Commissioner, is empowered and has the duty to: (1) promote the United States Virgin Islands as a premier tourist destination in all viable tourist markets through the world; (2) collect data, monitor and evaluate the world-wide tourist industry and develop strategies that will make the Territory competitive and desirable as a tourist destination; (3) communicate and cooperate with all local tourist or tourist-related businesses to determine their needs and how best to promote the industry; (4) develop a high-quality, cost-effective public relations and marketing program; (5) gather and distribute statistical information about Virgin Islands tourism, commerce, and industrial development; (6) promote the development of environmentally sound industry of all kinds throughout the Virgin Islands; (7) regularly survey Virgin Islands' businesses to determine their economic condition and recommend ways and means to assist business and industry to restore and/or maintain a healthy economy; (8) coordinate with the other Commissioners, agencies, and organizations to include and promote Virgin Islands culture as part of the tourism experience; (9) promote understanding of the importance of tourism to the Virgin Islands economy; (10) develop strategies for the diversification of the Virgin Islands economy; (11) promote the hiring of Virgin Islanders in all business and industry throughout the Territory; (12) identify and promote the unique features of St. Croix, St. Thomas, and St. John in tourism advertising; (13) develop long term strategies for the successful development of the Virgin Islands' economy; (14) prepare an annual budget for all department operations for timely submission to the Director of the Office of Management and Budget; (15) prescribe rules and regulations, consistent with law, for the administration of the Department and the execution of its powers and duties. History: Added May 8, 1995, No. 6070, § 8, Sess. L. 1995, p. 176.

(a) There is created, within the Department of Tourism, the Office of Film Promotion. (b) The Commissioner of Tourism, with the approval of the Governor, shall appoint the Director of the Office of Film Promotion. Such Director shall devote full time to his duties and shall receive an annual salary fixed by the Governor. The Director shall be chosen on the basis of his knowledge of and familiarity with the film-making industry. Such furnishings, fixtures, equipment, supplies, secretarial and clerical help as may be necessary in carrying out his functions and duties shall be provided. (c) The Office of Film Promotion shall have the following duties and powers: (1) To undertake a vigorous program designed to advertise and promote the Virgin Islands as an ideal location for major and minor film productions, including the production and distribution of pamphlets and brochures and the placing of appropriate advertising in various cinematography and other national and international publications. (2) Enlist the cooperation of other governmental departments, agencies and commissions in arranging and scheduling film productions in the Virgin Islands, establishing procedures to facilitate such productions and establishing within the Office an information dissemination service to familiarize prospective film-makers with local procedures and requirements. (3) Undertake appropriate promotion measures at the local level designed to foster an interest in all aspects of cinematography and related fields, and pointing out the various employment opportunities available to Virgin Islands residents therein. (4) Submit periodic reports to the Governor and the Legislature regarding the success, or lack thereof, of the film promotion program, and recommend appropriate legislation designed to advance the goals of the program, including various tax exemptions, subsidies or other incentives. (5) Establish contact with and enlist the cooperation of private industries or businesses whose merchandise, equipment, facilities or services might be utilized by film-makers in the various steps of the film production process. (6) Undertake the development of a scholarship grant or loan fund, or similar program, to promote the formal education of interested Virgin Islands residents in cinematography and related fields, which program might be funded, in whole or in part, by royalties paid by film-makers. (7) Establish liaison with other governmental film promotion agencies in the United States, as well as in foreign countries, in order to encourage the free flow of information and ideas regarding the promotion of the film-making industry. (8) Perform such other functions as it deems appropriate to promote the film industry in the Virgin Islands. (d) For purposes of this section the term "film-making" shall include any and all forms, steps or techniques involved in the processing and/or production of items or commodities designed to transmit visual communication through the motion picture media, including celluloid tapes, cassettes or any other vehicle for such transmittal, now existing or hereafter created. (e) The Office of Film Promotion shall use its best efforts to insure that all film production activities and projects solicited or handled by the Office result in a production which positively reflects and portrays the Virgin Islands and its people. History: Added Sept. 1, 1972, No. 3307, Sess. L. 1972, p. 442; amended Mar. 24, 1983, No. 4789, § 3, Sess. L. 1983, p. 18; renumbered May 8, 1995, No. 6070, § 9, Sess. L. 1995, p. 178; amended Oct. 7, 2016, No. 7940, § 1, Sess. L. 2016, p. 198.

(a) The Department of Tourism may charge and collect a reasonable fee not less than the actual cost to the Government for promotional products and items, including calendars, posters, magazines, pamphlets, tourism paraphernalia and other similar material. (b) The Department of Tourism is authorized to charge and collect a reasonable fee equal to the proximated cost to the Government for researching or compiling information or handling charges, publications, materials or services which, in its judgment, should not be furnished gratis to those requesting the information, research, handling, materials, publication or other services. (c) Any monies received pursuant to this section shall be deposited in the Commerce Publication Revolving Fund, established pursuant to Title 33, section 3069, Virgin Islands Code. History: Added Oct. 14, 1986, No. 5206, § 113(a), Sess. L. 1986, p. 240; amended May 8, 1995, No. 6070, § 10, Sess. L. 1995, p. 178; renumbered May 8, 1995, No. 6070, § 9, Sess. L. 1995, p. 178.

Defined (a) The Commissioner shall develop an integrated plan to make fuller use of the Virgin Islands' water resources, marine industries, and marine facilities to compete globally in the marine tourism industry and shall promote and advertise on a global scale marine tourism in the Virgin Islands. (b) In developing and promoting marine tourism in the Virgin Islands the Commissioner shall: (1) appoint or hire such qualified employees as fiscally practicable, whose primary role is the promotion, marketing, development, and implementation of programs for the advancement of sustainable marine tourism and marine-related activities on an international scale to attract more international Regattas, boat shows, yachting, sport fishing and marine-related industries; (2) assess and evaluate new and ongoing programs and policies as they relate to the promotion of marine tourism and recreational boating activities and marine-related industries; (3) prepare strategic plans for the promotion of sustainable marine tourism and the maximization of the economic, social, and environmental benefits from marine tourism and marine-related industries; (4) establish programs and partnerships with public and private entities to develop and implement new policies, technology, strategies, relationships, and sources of funding for promoting and marketing sustainable marine tourism; (5) develop innovative marketing tools, coordinate and participate in marketing efforts to enhance the competitiveness of Virgin Islands as a marine tourism destination through diversifying products and services, and uses of available resources; (6) identify opportunities and support and encourage activities, including training programs for developing marine and coastal tourism, marketing, expansion of boating, boat building, outfitting and related industries and creating jobs in these industries; (7) hold public meetings and forums and foster public understanding of, and involvement in marine tourism programs and activities, and promote the protection of environmental resources, and encourage the development of working waterfronts and the infrastructure necessary to sustain marine tourism and the marine industry and water-dependent uses of the marine and coastal waters; (8) advise the Governor, government departments and agencies, and the Legislature on issues pertaining to developing, promoting, and marketing marine tourism and related marine industries; and (9) engage in any other activities that are necessary or appropriate to accomplish purposes of this section. (c) As used in this section, "marine tourism" means recreational activities that involve travel away from one's place of residence which have as their focus the marine environment or the coastal waters, and "marine environment" means waters that are saline and tide affected. History: Added May 20, 2015, No. 7734, § 1, Sess. L. 2015, p. 20, 21.

(a) There is established within the Office of the Commissioner of Tourism a special and temporary commission known as the Centennial Commission of the Virgin Islands ("the Commission") for the purpose of formulating plans and making preparations to commemorate and celebrate in the year 2017 the 100th Anniversary of the transfer of the Virgin Islands from Denmark to the United States of America. (b) The Commission is composed of six residents of St. Croix, one of whom must be a member of the St. Croix Friends of Denmark, Society, Inc.; six residents of St. Thomas, one of whom must be a member of the St. Thomas-St. John Friends of Denmark Society, Inc.; and three residents of St. John, all of whom must be appointed by the Governor; and two members of the Legislature, one member from the district of St. Croix, and one member from the district of St. Thomas and St. John, appointed by the President of the Legislature. The Commission shall choose its own Chairman and each member shall be entitled to one vote; a quorum of a simple majority must be present to constitute a valid action by the Commission. Members of the Commission may be removed by the Governor for cause. The Commission shall hold its meetings at Government House in each respective district and utilize teleconference and video conference services as necessary to minimize expenses of travel. All members of the Commission appointed by the Governor shall serve without compensation but shall be entitled to reimbursement for all reasonable travel and other expenses as may be authorized by the Commissioner of Tourism. (c) The Commission shall have the following powers and duties: (1) To enlist the services and assistance of additional persons it deems necessary to carry out its duties and functions; (2) To prepare an overall program for commemorating the centennial of the Virgin Islands and plan, encourage, develop and coordinate observances and activities commemorating the historic events that preceded and are associated with the transfer of the Virgin Islands from Denmark to the United States of America in 1917; (3) To consider any related plans and programs developed by local and private groups, in preparation of its plans and programs, and the Commission may designate special committees with representatives from such bodies to plan, develop and coordinate specific activities; (4) To give emphasis to the ideas associated with the transfer of the Virgin Islands from Denmark to the United States of America which have been important to the development of the Virgin Islands in world affairs and in mankind's quest for freedom in all of its planning; (5) To determine if there are sites within the Virgin Islands which are appropriate for preservation or development in commemoration of the transfer of the former Danish West Indies (Virgin Islands) from Denmark to the United States of America in a manner to ensure that fitting observances and exhibits may be held at the sites during the centennial celebration; (6) To make all efforts to interface with any Virgin Islands Centennial Commission organization with a like purpose established in Norway, Denmark, the United States of America, and the Caribbean island nations interested in celebrating with the Virgin Islands; (7) To encourage the United States of America to join in the centennial celebration. The Virgin Islands Congressional Delegate to Congress is authorized, on behalf of the people of the Virgin Islands to extend an invitation to the Nation, the 50 states, all off-shore possessions, commonwealth and territories, to plan national and territorial events respectively. Such events must be cleared through the Centennial's master calendar maintained by the Virgin Islands Centennial Administration; (8) To accept donations of money, property, or personal services; (9) To deposit all non-monetary tangible personal property such as books, manuscripts and antiquities acquired by the commission for preservation in the Virgin Islands libraries, museums, archives, and other designated depositaries, or otherwise disposed of in consultation with the Director(s) of Libraries, Museums and Archives; (10) To submit to the Governor a comprehensive report incorporating its specific recommendations for the centennial commemoration of the transfer of the Virgin Islands from Denmark to the United States of America and related events not later than June 30, 2014. This report may recommend activities including, but not limited to: (A) The creation of an official web-site, the production, publication and distribution of books, pamphlets, films, videos, DVD's and other educational materials on the history, culture and political though [sic] of the period of the transfer of the Virgin Islands from Denmark to the United States of America; (B) Bibliographical land documentary projects and publications; (C) Conferences, convocations, lectures, seminars and other programs; (D) The development of libraries, museums, historic and archeological sites and exhibits, including mobile exhibits; (E) Ceremonies and celebrations commemorating specific events; (F) Programs and activities on the national and international significance of the Virgin Islands from Denmark to the United States of America and its implications for present and future generations; (G) the issuance of official commemorative medals seals automobile license plates, videos, DVD's and certificates of recognition; (H) the identification and commissioning of a historic design artist consultant to develop an official logo for the occasion, appropriate for the Centennial Commission of the Virgin Islands, with ownership rights to the government of the Virgin Islands; and (I) the establishment of a master plan for the archival of all files, documents, research data and the like for the preservation locally, nationally and internationally. (11) The report of the Commission must include recommendations for the allocation of financial and administrative responsibility among the public and private authorities and organizations the report of the Commission shall include recommendations for the allocation of financial and administrative responsibility among the public and private authorities and organizations recommended for participations by the Commission. The report must also include proposals for legislation and administrative action the Commission considers necessary to carry out its recommendations. The Governor shall transmit the Commission's report to the Legislature together with any comments and recommendations for legislations and a report of administration actions taken by him. (d) (1) In fulfilling its responsibilities, the Virgin Islands Centennial Commission shall consent, cooperate with and seek advice from appropriate departments and agencies of the Government of the Virgin Islands, and civic, professional and related organizations. Departments and agencies of the Government of the Virgin Islands shall cooperate with the commission in planning, encourage, developing and coordinating appropriate commemorative activities. (2) The President of the University of the Virgin Islands shall cooperate with the Commission, especially in the encouragement and coordination of scholarly works and presentation on the history, culture, and political thought of the Transfer in 1917. (3) The Directors of Libraries, Museums, Archaeology and History Preservation. Virgin Islands Cultural Heritage Institute, Virgin Islands Council on the Arts, shall cooperate and with the Commission, especially in the development and display of display [sic] and collections and in the development of bibliographies, catalogs and other materials relevant to the period of the 1917 Transfer. (e) There is hereby created within the Virgin Islands Centennial Commission a Virgin Islands Centennial Administration board (the "Board"), which shall be comprised of a minimum of five members of the Commission and three ex officio members, the Commissioner of the Department of Planning and Natural resources, the Commissioner of the Department of Sports, Parks and recreation and the Commissioner of the Department of Tourism. (1) The Virgin Islands Centennial Administration Board shall be responsible for executing the policies of the Virgin Islands Centennial Commission to coordinate, to facilitate, and to aid in the scheduling of events, activities, and projects of local, state, national and international significance sponsored by both governmental and non-governmental entities in commemoration of the Virgin Islands Centennial. (2) It shall be the duty of the Centennial Administrative Board to make and provide ongoing reports regarding its progress in fulfilling its and the Commissioner's functions, to include an accounting of monies spent, and meeting short-term and long-term objectives. (3) It shall be the duty of the Board to make a continuing study of the activities Virgin Islands Centennial Administration. The Board shall, from time to time, but not less than every six months, report to the Virgin Islands Legislature's Committee on Education, Youth and Culture and Rules and Judiciary concerning the results of its studies, together with such recommendations as it may deem desirable. (4) It shall be the duty of the Board to coordinate, to facilitate, and to aid in the scheduling of events activities and projects of local state National and International significance sponsored by both governmental and non-governmental entities in commemoration of the Virgin Islands Centennial. (5) The Centennial Commission shall appoint an Administrator from the Board whose functions shall be the following: (A) To establish and provide for the centennial master calendar or register of programs and projects, and in other ways provide a central clearinghouse online (official website) for information and coordination regarding dates, events places documents, artifacts, and personalities of centennial historic and commemorative significance; (B) To coordinate, facilitate, and aid in the scheduling of events, programs, and projects of States and private citizens, and national and international programs, that commemorate the centennial; and (C) To develop standards for, and evaluate the feasibility, relevance, status, and desirability of various programs and projects associated with the centennial commemoration, acting in conjunction with the Office of Management and Budget in cases where federal department or agency activities are involved. (f) Any property acquired by the Commission or Board which remains upon the termination of either or both shall be catalogued and transferred to the Division of Libraries, Archives and Museums with the Department of Planning and Natural Resources for use under this chapter, or shall be disposed of by the Commissioner of the Department as excess or surplus property as provided by law. (g) Whoever, except as authorized by the Commission, Board or the Administrator, knowingly manufactures, produces, or uses and logos, symbols, or marks originated under authority of and certified by the Commission, Board or Administrator for use in connection with the commemoration of the Virgin Islands Centennial, or any facsimile thereof, or holds out to the public objects in such a manner as to suggest any such logos, symbols, or marks not officially authorized by the Commission, Board or Administrator, are officially authorized shall be fined not more than $5,000,00 [sic] or imprisoned not more than two years or both fined and imprisoned. (h) An annual report of the activities of the Centennial Administrative Board, including an accounting of funds received and expended, shall be furnished by the Administrator to the Virgin Islands Legislature, and a final report must be made to the Virgin Islands Legislature's Committee on Rules and Judiciary and Education, Culture and Youth no later than September 30, 2018. The Board shall terminate on September 30, 2018, or on the date of the filing of the final report, whichever is sooner. (i) The Commission shall exist until the earliest of the following occurs: (1) the Commission's purpose under subsection (a) has been accomplished; (2) the Commission is divested of its functions by law; or (3) the Commission is extinguished by law. History: Amended Apr. 7, 2010, No. 7157, § 1, Sess. L. 2010, pp. 19, 20; Nov. 24, 2010, No. 7241, § 42, Sess. L. 2010, pp. 295-300; amended Dec. 6, 2013, No. 7574, § 12(a), (b), Sess. L. 2013, p. 283, 284.

The Legislature finds and declares that: (a) The heart of the festival arts celebrated in the Virgin Islands today are the Virgin Islands Carnival, the Crucian Christmas Festival, and the St. John Celebration; (b) The festival arts have deep rooted West Indian traditions and expressions associated with our Amerindian, African, European and Caribbean people, history, spirituality, and culture; (c) The Virgin Islands ethnic complexion as well as its dynamic economic, political and social history are the ingredients of its festival arts; (d) The festival arts are derived from the combining of European pre and post-Lenten, Christmas, and Emancipation festivities and observances with traditional African and Creole masquerading traditions. Religion, costumes, musical traditions, foodways, and history all contribute to the dates on which festival celebrations occur, their themes, social and satirical commentary, and the forms, color, and music they celebrate; (e) In years 1912 and 1914 members of the community decided to organize and celebrate Carnival in the Territory; (f) As a result of World War I, economic hardships, and the sale of the islands to the United States of America, Carnival was suspended; (g) In 1952 members of the St. Thomas community organized and revived Virgin Islands Carnival in the Territory; (h) In 1953 members of the St. Croix community organized the Crucian Christmas Festival; (i) In 1954 members of the St. John community organized the St. John Celebration; (j) In 1992 the Virgin Islands Cultural Heritage Institute was created under the Office of the Governor to create, preserve, promote, revitalize, and disseminate Virgin Islands culture; (k) In 2007 the Virgin Islands Cultural Heritage Institute was transferred to the Department of Planning and Natural Resource; (l) Although the Department of Planning and Natural Resources is mandated under 3 V.I.C. § 401(b)(9) to promote the diffusion of culture through expositions, fairs, concerts, festivals and theatrical performances; by 2012 the Virgin Islands Cultural Heritage Institute was closed; (m) Although the Legislature has appropriated funding for the Institute, it continues to languish in dysfunction; (n) The Legislature finds that another department of the Government may be better equipped for the promotion of the cultural heritage of the Virgin Islands; (o) One of the functions of the Department of Tourism is to promote Virgin Islands culture as part of the tourism experience; and (p) Therefore, the Legislature declares that given the role of the Department of Tourism in the promotion and advertisement of our festival arts and cultural heritage tourism product, a Division of Festivals and the fiduciary function of the Virgin Islands Cultural Heritage Institute should be placed under the Department of Tourism. History: Added Jan. 6, 2019, No. 8153, § 1, Sess. L. 2018, p. 329, 330.

(a) The Division of Festivals is established within the Department of Tourism and is headed by a director. The Commissioner of Tourism, with the approval of the Governor, shall appoint the director and three assistant directors; one for each island, St. Croix, St. Thomas, and St. John. The Director of Tourism shall choose the director of the Division of Festivals on the basis of knowledge of and familiarity with coordinating incentives for, and planning and promoting festivals. The director of the Division of Festivals shall serve under the direction and control of the Commissioner of Tourism. The Commissioner of Tourism may employ such other persons as may be necessary to administer this section efficiently. (b) The Division of Festivals, in collaboration with the Virgin Islands Cultural Heritage Institute, have the powers and duties to: (1) Organize and execute festival art events; (2) Execute a timeline and workplan for the management of festivals arts and ensure that the festivals operate smoothly and that deadlines are met; (3) Establish, if necessary, an ad hoc team of volunteers to execute festival arts; (4) Recruit and supervise staff, interns, and volunteers; (5) Create and oversee the programming for festival arts events; (6) Build and maintain professional relationships with promoters; (7) Provide for and oversee the coordination of guest artists, including arranging travel and local transportation, and ensure a positive experience for visitors; (8) Execute fundraising efforts that includes sponsorships, memberships, individual and business donations, ad sales, and fundraising events; (9) Make contracts and execute all instruments necessary or convenient in the exercise of any of its powers; (10) Maintain and manage all corporate sponsorships; (11) Organize and secure the resources necessary for all festival art events; (12) Develop an overall marketing plan and oversee development of an aggressive marketing campaign; (13) Work in collaboration with stakeholders in both the public and private sectors to promote festival arts and all other matters pertaining to festival arts; and (14) Perform other duties and responsibilities as it pertains to festival arts. (c) For the purposes of this section, the term "festival" means carnivals, music festivals, film festivals, food festivals, and other organized community and cultural celebrations and social events. (d) For purposes of this section, the term "festival arts" means all components of special events, celebrations, programs, performances, exhibitions, entertainment and other activities centering on and celebrating unique aspects community, folklife culture, tradition, visual arts, theatre, film, music, agriculture, food and culinary arts, costume-making, masquerading, pageantry, and other forms of expression. (e) Notwithstanding title 31 V.I.C. chapter 23, contracts for artists, vendors, material, services, supplies, equipment, and all other festival-related procurements made pursuant to this section which do not exceed $150,000.00, may be procured under the process set forth in this subsection. The Division of Festivals shall: (1) Develop written specifications sufficient to permit an eligible vendor to respond; (2) Identify at least 3 eligible vendors to provide products or services and solicit quotes; (3) Evaluate bidder's responses with specifications; and (4) Determine the most responsible and responsive bidder with the lowest price. (f) For purposes of subsection (d), "eligible" means the potential vendor meets the required licensing or certification requirements. (g) The Commissioner of Tourism shall retain any monies obtained from private donations or sponsorships in an escrow account established for each island: St. Croix, St. Thomas, and St. John. The director of the Division of Festivals may withdraw monies in the escrow accounts or the production and promotion of festivals on the respective island. (h) The Commissioner of Tourism shall promulgate regulations for the administration of the Division of Festivals. History: Added Jan. 6, 2019, No. 8153, § 1, Sess. L. 2018, p. 331, 332.

(a) The Legislature of the Virgin Islands finds and declares that: (1) The people of the Virgin Islands have a unique culture that is defined by their customs, values, traditions, arts, skills, speech, and mannerisms, which have been practiced for many generations. (2) The Virgin Islands culture has been a source of strength and a sense of identity for its people. (3) The diverse ethnicity of the Virgin Islands people, which includes Amerindian, African, European, and Caribbean/West Indian heritages, has contributed to their spiritual well-being and cultural richness. (4) The culture of the Virgin Islands has been recognized and documented as unique, authentic, and laudatory by Virgin Islands scholars and the Center for Folklife Programs & Cultural Studies of the Smithsonian Institution in Washington, D.C. (5) Culture has a fundamental influence on the desires, needs and character of a people, particularly youth and children. (6) The preservation and promotion of a peoples' cultural heritage can be an affirmation of their existence that has a strong positive effect on their political, vocational and social structures. (7) The Virgin Islands culture is replete with heroes and heroines, particularly of African descent, whose personal contributions and sacrifices and their insistence on human rights and justice ignited the torch of Virgin Islands liberty. (8) A society that fails to preserve and promote its culture may lose its identity, its structural fabric and, ultimately, its reason for being. (9) Each generation has an obligation to pass on to its children and youth the cultural identity that is the root of its existence. (10) It is appropriate and necessary to preserve, protect, and promote Virgin Islands culture in order to contribute to an understanding of the complex problems of our society, to encourage unity and economic viability of all of the Territory's people, to respect the tradition bearers and their lasting contributions, and to celebrate the Virgin Islands example throughout the Caribbean as a people of strong belief in freedom and self-development. (11) In order to best preserve, promote, revitalize and disseminate Virgin Islands culture, there should be established a Virgin Islands Cultural Institute. (b) As used in this section, the following definitions apply: (1) "Institute" means the Virgin Islands Cultural Heritage Institute. (2) "Virgin Islands culture" means the traditional customs, folkways, belief systems, music, dances, stories, dress, food, sayings, language, art forms, occupations, crafts and other expressions of the spirit of the people of the Virgin Islands. The term includes, but is not limited to: (A) folkways, which refers to storytelling, Anansi stories, riddles and greetings; (B) belief systems, which refers to superstitions, cultural ceremonies associated with holiday observances, funerals and burials, bush baths, obeah, hurricane supplication day; (C) music, which refers to instrumental and vocal forms such as cariso, "fungi" or scratch band, calypso and steel pan; (D) dances, which refers to the bamboula, quadrille and calypso style; (E) food, which refers to recipes and ways of cooking pate, fry fish and johnny cakes, red pea soup, kalaloo, mafe, whelks, conch, souse, salt fish, fungi, tarts, black cake, vienna cake, sweet bread and jawbone; (F) sayings, which refers to "Today fo' yo', tomorrow fo' me", "Monkey know wha tree to climb" and the like; (G) language, which refers to the local dialect "Ah come, yo ah come" and to the Dutch Creole; (H) art forms, which refers to needlecraft such as crochet, embroidery, hardanger and tatting; (I) occupations, which refers to masonry, joinery, cabinet making, fishing, farming, dressmaking and tailoring; and (J) crafts and other expressions, which refers to basketry, broom making, furniture designing, kite making, fish pot making, mocko jumbies, carnival clowns and other creative expressions of the spirit of the people. (3) "Material culture" means the flora and fauna, including, but not limited to, seaside grape, mahogany, flambouyant, soursop, mango, and herbs, such as chivel, congo root, man-better-man, turpentine, black wattle, lemon grass, anise, maubi bark and flowers, such as yellow cedar, hibiscus, bougainvillea, and fauna such as iguana, yellow breast, woodslaves and ground lizards, and architectural structures, such as windmills, forts, Great houses, wattle and daub, and vernacular structures. (4) "Tradition bearer" means any person whose practice of Virgin Islands culture in a specific form is or was renowned and exemplary. (c) The Virgin Islands Cultural Heritage Institute established under the Department of Planning and Natural Resources is continued under the Department of Tourism. The Commissioner of the Department of Tourism shall include monies to fund the operation of the Institute in the Department of Tourism's annual budget. The Institute consists of nine members, appointed by the Governor. Four members shall reside on St. Croix. Four members shall reside on St. Thomas, and one member on St. John. In making nominations to the Institute, the Governor shall give due consideration to the recommendations of representative Virgin Islands cultural organizations, such as the Friends of the Virgin Islands Institute of Culture. Appointed members of the Institute must be individuals who, by their experience, participation, creativity and interest embody Virgin Islands culture. (d) Appointed members of the Institute shall serve terms of three years. A member may serve until the member's successor is qualified. A member of the Institute who is not an employee of the Government of the Virgin Islands is entitled to receive a per diem of $75 for each day the member attends a meeting of the Institute plus any necessary and authorized travel and other expenses incurred in the discharge of the duties of members of the Institute. The Institute shall elect a chairperson and such other officers as it considers s necessary. The chairperson may appoint such staff as may be necessary to execute the powers and duties of the Institute; but the expenses of the Institute, including staff salaries, may not exceed the amounts available for such expenses. (e) The Institute shall: (1) Preserve, protect, promote, support, revitalize and disseminate Virgin Islands culture; (2) Award educational grants and scholarships to persons studying Virgin Islands culture and/or training other persons in such culture; (3) Organize and produce workshops, performances, festivals, exhibits or other means of displaying Virgin Islands culture; (4) Establish and maintain an archive for Virgin Islands culture, and procure, receive, purchase and collect all manner of materials therefor; (5) Provide educational materials on Virgin Islands culture for use in Virgin Islands schools; (6) Prepare pamphlets, periodicals, or other forms of reference materials on Virgin Islands culture for general circulation and use; (7) Receive donations, gifts and bequests for the purpose of executing its powers and duties; (8) Cooperate with government or private entities in the promotion, preservation, protection and revitalization of Virgin Islands culture; (9) Identify, by recognition, commemoration, or other appropriate means the tradition bearers of Virgin Islands culture; (10) Determine, by democratic vote of the Institute, what constitutes Virgin Islands culture and material culture; but no item listed as a part of the Virgin Islands culture by law may be eliminated by the Institute; and (11) Report, not more than 60 days after the last day of each fiscal year, to the Governor and the Legislature its activities and programs including a complete accounting of its expenditures, revenues received and obligations. History: Added Jan. 6, 2019, No. 8153, § 1, Sess. L. 2018, p. 332-336.

(a) As provided in 1 V.I.C. § 111(b), the Commissioner of the Department of Tourism shall promote and market "Fish and Fungi" as the official dish of the Virgin Islands, and "Tart" as the official dessert of the Virgin Islands on an international level. (b) The promotion and marketing efforts of "Fish and Fungi" and "Tart" include: (1) collaborating with local restaurants, chefs, and culinary experts to highlight the authenticity and diversity of "Fish and Fungi" and "Tart"; (2) showcasing "Fish and Fungi" and "Tart" in cultural festivals, tourism events, and international trade shows; (3) developing and distributing promotional materials, including brochures, videos, and online content, to showcase the preparation, history, and significance of "Fish and Fungi" and "Tart"; (4) establishing partnerships with international food organizations and media to feature "Fish and Fungi" and "Tart" in culinary programs and publications; and (5) encouraging and supporting local restaurant businesses and food producers in offering "Fish and Fungi" and "Tart" experiences to visitors. (c) The Commissioner of the Department of Tourism shall collaborate with the Department of Education and local culinary schools to create educational programs that highlight the history and importance of "Fish and Fungi" and "Tart" in our cultural heritage. (d) (1) Every ten years, the Department of Tourism shall conduct surveys of the residents of the Virgin Islands to gather input and preferences on variations of "Fish and Fungi" and "Tart" and to understand regional and cultural variations, as well as preferences for ingredients, cooking methods, and presentation of "Fish and Fungi" and "Tart." (2) Surveys conducted pursuant to paragraph (1) must be considered in the promotion and marketing of "Fish and Fungi" and "Tart" to ensure that the variations of the official dish and dessert reflect the desires and traditions of the residents of the Virgin Islands. History: Added July 10, 2024, No. 8841, § 2, Sess. L. 2024, p. -.

There is hereby established as an executive department in the Government of the United States Virgin Islands, the Department of Labor, hereinafter in this chapter referred to as the "Department". History: Added Mar. 17, 1965, No. 1343, § 5, Sess. L. 1965, Pt. I, p. 77; amended July 2, 1965, No. 1471, § 1(b), Sess. L. 1965, Pt. I, p. 353.

(a) At the head of the Department there shall be a Commissioner of Labor, hereinafter in this chapter referred to as the "Commissioner". (b) The Commissioner shall be appointed by the Governor, with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. (c) The Department shall be administered under the supervision and direction of the Commissioner. History: Added Mar. 17, 1965, No. 1343, § 5, Sess. L. 1965, Pt. I, p. 77; amended July 2, 1965, No. 1471, § 1(b), Sess. L. 1965, Pt. I, p. 353.

Functions (a) There shall be in the Department an Assistant Commissioner and such deputies as the Governor deems necessary for the proper administration of the Department. The Assistant Commissioner and the deputies shall be appointed by the Governor, and shall hold office during the continuancy in office of the Governor by whom they are appointed and until their successors are appointed and qualified, unless sooner removed by the Governor. (b) The Assistant Commissioner and deputies appointed under this section shall perform such functions as the Commissioner prescribes. History: Added Mar. 17, 1965, No. 1343, § 5, Sess. L. 1965, Pt. I, p. 77; amended July 2, 1965, No. 1471, § 1(b), Sess. L. 1965, Pt. I, p. 353.

(a) The Governor may establish within the Department such divisions and bureaus as he deems necessary for the proper administration of the Department. (b) At the head of each division established under this section there shall be a Director, and at the head of each bureau established under this section there shall be a Chief of the Bureau. (c) The heads of divisions and bureaus shall perform such functions as the Commissioner prescribes. History: Added Mar. 17, 1965, No. 1343, § 5, Sess. L. 1965, Pt. I, p. 77; amended July 2, 1965, No. 1471, § 1(b), Sess. L. 1965, Pt. I, p. 353.

Affairs (a) The Virgin Islands Employment Security Agency, heretofore established as an independent agency of the Virgin Islands within the Office of the Governor, and subsequently transferred and continued as an independent agency within the Department of Labor, is hereby declared to be a division of the Department of Labor under the jurisdiction and responsibility of the Commissioner thereof. Said division shall be comprised of two separate offices, namely, the Office of Unemployment Insurance and the Office of Employment Security. (b) [Repealed.] History: Added Mar. 17, 1965, No. 1343, § 5, Sess. L. 1965, Pt. I, p. 77; amended July 2, 1965, No. 1471, § 1(b), Sess. L. 1965, Pt. I, p. 353; Dec. 27, 1973, No. 3505, § 1, Sess. L. 1973, p. 295; June 24, 1987, No. 5265, § 1203(b), Sess. L. 1987, p. 94.

(a) The Department shall exercise general control over the enforcement of the laws relating to labor and shall- (1) investigate the influence of localities and employment on labor; (2) promote, assist, and encourage the improvement of relations between management and labor; (3) investigate, and determine ways and means of improving working conditions of labor; (4) administer and enforce the laws pertaining to- (A) wages, hours, and conditions of work; (B) full employment, full production, and labor relations; (C) workers' compensation administration; (D) child labor; (E) protection of resident workers; (F) apprenticeship and manpower training; (G) discrimination in employment; (5) mediate, in accordance with law, disputes between management and labor, and between labor organizations; (6) control and regulate, in accordance with law, all contracts of immigrant and emigrant labor; (7) perform all functions that may be required to participate in Federally aided or sponsored projects or programs within its authorized fields of activity, and in connection with such participation shall be authorized to enter into contracts and agreements of every kind and nature with the Federal Government for any purpose related to such projects or programs, to comply with such contracts and with any Federal rules, requirements, regFederal rulesedures applicable to the projects and programs, and otherwise to comply with any conditions imposed by the Federal government upon participation by the Department in such projects and programs; it being the intent of this subparagraph to enable the Department to do any and all things necessary to secure participation in the Federal projects and programs, and Federal financial aid in such projects and programs, and the cooperation of the Federal government in the carrying out, undertaking, development, construction, maintenance and operation of any project or program, in carrying out the functions of the Department, and to assure strict compliance by the Department with any conditions imposed by the Federal government; (8) provide and operate youth employment programs; and (9) in cooperation with the Commissioner of Finance, administer the provisions of the Veterans Transportation Fund created by the provisions of Title 33, section 3037 of this Code; (10) perform such functions as are assigned to it pursuant to the provisions of the industrial development program contained in Title 29,Title 29 12 of the Code; (11) make recommendations to the Governor, for his submission to the Legislature, with respect to its authorized fields of activity. (b) The Department shall perform a Territory-wide bi-annual analysis to determine the vocational skills and training, educational, and professional needs of employers in the public and private sectors, including companies that are beneficiaries under the Economic Development Authority's programs, small business and new emerging industries. The analysis must identify and set forth employment trends from 2012 forward, and forecast future employment needs of employers. The Commissioner shall assign a senior staff member with the requisite training on collecting, analyzing, and interpreting data to perform the analysis. The analysis must be made available to the Commissioner of the Department of Education, to the chairperson of the committee of jurisdiction at The Legislature of the Virgin Islands, the Economic Development Authority, the Virgin Islands Board of Education, and the Board of Vocational Education. (c) The Department shall prepare the budget for the Department for submission to the Director of the Office of Management and Budget. History: Added Mar. 17, 1965, No. 1343, § 5, Sess. L. 1965, Pt. I, p. 77; amended July 2, 1965, No. 1471, § 1(b), Sess. L. 1965, Pt. I, p. 353; Mar. 12, 1975, No. 3674, § 1, Sess. L. 1975, p. 7; Sept. 23, 1975, No. 3748, § 2, Sess. L. 1975, p. 160; June 24, 1987, No. 5265, § 1101(a), Sess. L. 1987, p. 88; Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254; amended July 9, 2018, No. 8063, § 2, Sess. L. 2018, p. 121.

Subpoenas; Compelling Obedience; Contempt (a) For the purpose of the exercise of the powers vested in him and the performance of the duties and functions imposed on him by law, the Commissioner or his duly authorized representative or representatives, may conduct investigations and hold hearings upon due notice, and in connection with the foregoing, shall have the power to administer oaths and affirmations, receive evidence and at all reasonable times have access to, and for the purpose of examination, the right to copy evidence of any person that relates to any matter under investigation or in question before him. The Commissioner may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to the matter under investigation or in question before him. (b) In case of contumacy or refusal to obey a subpoena issued to any person, the District Court of the Virgin Islands, upon application of the Commissioner, through the Attorney General, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commissioner or his duly authorized representative or representatives there to produce evidence as ordered, or there to give testimony concerning the matter under investigation or in question. Any failure to obey such order of the Court may be punished by the Court as a contempt thereof. History: Added Mar. 17, 1965, No. 1343, § 5, Sess. L. 1965, Pt. I, p. 77; amended July 2, 1965, No. 1471, § 1(b), Sess. L. 1965, Pt. I, p. 353.

The Commissioner may prescribe, alter or amend rules and regulations, not inconsistent with law or other regulations authorized by law, for the proper administration of the Department, the conduct of its officers and other personnel, the distribution and performance of its business, and the custody, use, and preservation of the records, papers and property appertaining to it. History: Added Mar. 17, 1965, No. 1343, § 5, Sess. L. 1965, Pt. I, p. 77; amended July 2, 1965, No. 1471, § 1(b), Sess. L. 1965, Pt. I, p. 353.

Duties; Compensation (a) There is hereby created, as a permanent commission within the administration, a Virgin Islands Commission on the Status of Women. The Commission shall be composed of eleven members, who shall be appointed by the Governor from among persons with a competency in public affairs and women's activities, including persons employed by the federal or territorial governments as considered necessary to carry out the work of the Commission, and for terms of three years each after original staggered appointments of four members for one year, four members for two years, and three members for three years. At least five members shall be residents of the Island of St. Croix, at least five residents of St. Thomas, and at least one a resident of St. John. (b) The Governor shall select, from among the members, a Chairman of the Commission, who shall serve in such capacity at the pleasure of the Governor. The Commission shall function within the Department of Labor for all administrative purposes. (c) The Commission on the Status of Women shall primarily be responsible for, but not limited to, fact- finding investigations and reports on the Status of Women in the Virgin Islands in the following areas: Health, Education, Housing, Civil Rights, need for protective legislation, earnings, employment, family relations, working conditions, political status, legal status. (d) The Commission shall have the powers and authority necessary to carry out the duties imposed upon it by this section, including, but not limited to the following: (1) to gather, correlate and interpret facts affecting the status of women in the Virgin Islands; (2) to hold hearings; (3) to appoint advisory committees; (4) to inquire into and make recommendations to appropriate agencies, public or private, on any matter within its competence; (5) to enlist the aid of public or private agencies concerned with the welfare and status of women and to report on the functions and facilities of governmental agencies and institutions charged with the welfare, care, control, protection, employment and rehabilitation of women; (6) to submit such special reports from time to time as it may consider necessary or appropriate, or upon the request of the Governor or the Legislature, and before each annual session of the Legislature, make such recommendations for legislation as it may deem necessary or appropriate as part of an integrated, unified and consistent program to improve the status of women in the Virgin Islands; (7) to accept and administer any federal funds granted for all or any of the purposes of this section; (8) to employ such administrative, technical or other personnel as may be necessary for the performance of its powers and duties. (e) Members of the Commission shall receive a stipend of ten dollars ($10.00) per day for each Commission meeting attended, and shall be reimbursed for necessary travelling expenses in accordance with the regulations applicable to employees of the United States Virgin Islands Government. History: Added Mar. 28, 1966, No. 1639, Sess. L. 1966, p. 107; amended Feb. 2, 2010, No. 7149, § 4, Sess. L. 2009, p. 412.

There is hereby established within the Department of Labor a Bureau of Alien Affairs to be headed by a chief of such bureau which shall have the following powers and duties: (1) to gather, correlate and interpret information and facts concerning all noncitizens in the Virgin Islands; (2) to inquire into and make recommendations to appropriate agencies, public or private, on any matter concerning noncitizens; (3) to investigate and make recommendations to the appropriate local or federal departments or agencies concerning the regulation of entry into the Virgin Islands of noncitizens; (4) to hold public hearings, summon and subpoena witnesses, require the production of papers, books, accounts, reports, documents and records of every kind and description, to take all necessary means to compel the attendance of witnesses, to procure testimony, oral and documentary, relative to his duties and functions; (5) to maintain an information and orientation center for the benefit of noncitizens; (6) to promote, assist and encourage the improvement of relations between employers and noncitizen employees; (7) to assist in the coordination of activities of other public departments and agencies administering laws affecting noncitizens or their dependents; (8) to investigate, compile and maintain complete and accurate data concerning the number of noncitizens in the Virgin Islands and their immigrant status; (9) to determine that all rights and privileges granted by law to noncitizens or alien workers in the Virgin Islands on a temporary basis are upheld and to report infractions of such laws to the proper authority; (10) to provide information to and to cooperate with representative noncitizen or alien organizations and self-help agencies; (11) to maintain a continuing surveillance to all aspects of the social, economic and cultural problems encountered by noncitizens and their dependents in the Virgin Islands, including but not limited to the areas of employment, housing, education, health, and social welfare; (12) to promote the overall general welfare of noncitizens in the Virgin Islands; (13) to recommend to the Governor, legislation concerning noncitizens and their general welfare, for submission to the Legislature; (14) to perform such other duties in connection with noncitizens which may be referred to the bureau. History: Added Apr. 15, 1971, No. 2984, § 9, Sess. L. 1971, pp. 102, 103.

As used in this chapter, unless the context requires, otherwise: (a) "Director" means the Director of the Bureau of Corrections; and (b) "Bureau" means the Bureau of Corrections. History: Added Apr. 12, 2008, No. 6997, § 1, Sess. L. 2008, p. 54.

There is established in the executive branch of the Government of the Virgin Islands, the Bureau of Corrections. History: Added Apr. 12, 2008, No. 6997, § 1, Sess. L. 2008, p. 54.

The Bureau is administered under the supervision and direction of the Director. (a) The Governor shall appoint the Director with the advice and consent of the Legislature. The Director shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. (b) The Director shall organize the Bureau to provide security, custody and rehabilitation of correctional inmates. (c) The Director shall employ any number of correctional officers, technical, clerical and operational staff as required for the operation of the Bureau and shall have authority to hire or employ contractors and consultants to carry out the required duties of the office. (d) Unless otherwise provided in a collective bargaining agreement, title 3, chapter 25, subchapter 4 of the Virgin Islands Code applies to all new and existing employees of the Bureau. History: Added Apr. 12, 2008, No. 6997, § 1, Sess. L. 2008, pp. 54, 55.

(a) The Governor shall appoint a warden and such assistants or division directors as the Governor considers necessary for the proper administration of the Bureau. The warden, assistants and division directors shall hold office during the continuance in office of the Governor by whom they are appointed and until their successors are appointed and qualified, unless sooner removed by the Governor. (b) The warden, assistants and division directors appointed under this section shall perform such functions as the Director prescribes. History: Added Apr. 12, 2008, No. 6997, § 1, Sess. L. 2008, p. 55.

(a) The Bureau shall exercise general control over persons arrested, detained, or sentenced by a court of law in accordance with the laws applicable to correctional institutions or rules properly promulgated. (b) The Bureau's costs of operation must be financed by the Legislature based on a budget submitted by the Director. (c) The Bureau shall perform such other duties and exercise such other powers as provided by law. History: Added Apr. 12, 2008, No. 6997, § 1, Sess. L. 2008, p. 55.

(a) There is established as an executive department in the Government of the Virgin Islands the Department of Planning and Natural Resources (hereinafter, referred to as the "Department"). (b) At the head of the Department there shall be a Commissioner of Planning and Natural Resources (hereinafter, referred to as the "Commissioner"). The Commissioner shall be appointed by the Governor with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. The Department shall be administered under the supervision and direction of the Commissioner. (c) The Governor shall appoint an Assistant Commissioner of Planning and such deputies or division directors as he deems necessary for the efficient operation of the Department. The duties of the officers appointed under this subsection shall be prescribed by the Commissioner consistent with the provisions of this chapter. (d) The Governor shall organize the Department to provide the most efficient, cost-effective and coordinated delivery of services and programs within its jurisdiction. History: Added June 24, 1987, No. 5265, § 301, Sess. L. 1987, p. 29.

(a) The Department shall administer and enforce all laws pertaining to: (1) fish and wildlife, trees and vegetation and water resources including the protection of safe drinking water; (2) air pollution and water pollution; (3) flood control, sewers and sewage disposal; (4) mineral and other natural resources; (5) preservation of the archaeological, architectural, cultural and historical heritage of the United States Virgin Islands, including public museums, monuments and memorials; (6) pesticide control; (7) coastal zone management, coastal lands and off-shore islands and cays; (8) mooring and anchoring of vessels within the territorial waters; (9) environmental protection; (10) land survey and development and building permits; and (11) earth change permits and zoning. (b) It is the duty of the Department, and it is empowered to: (1) administer and supervise the Planning Office; Provided, That the Department shall be the official planning agency of the Government of the Virgin Islands and the state planning agency for the purposes of federal assistance programs; (2) provide comprehensive long-range planning services for all territorial departments and agencies; (3) foster, promote and undertake programs and projects for the conservation and development of the natural resources of the United States Virgin Islands; (4) survey, restore, preserve and maintain real and personal property appropriate to the goal of promoting the fullest public appreciation of the archaeological, architectural, cultural and historical heritage of the people of the United States Virgin Islands; (5) select and designate sites of historic interest and value in conjunction with the Historic Preservation Commission, and erect and maintain appropriate signs or markers indicating said sites upon public property as well as upon private property where permission is obtained. The Department of Public Works is authorized to permit the Department of Planning and Natural Resources to erect and maintain said historic signs or markers within the right-of-way of any territorial roadway or highway or any other property under its jurisdiction and control under such conditions or limitations as may be appropriate. The Department is vested with the exclusive authority to erect and maintain said historic signs or markers within the right-of-way of any territorial roadway or highway; (6) foster, promote and undertake programs and projects for the restoration and preservation of the scenic beauty of the United States Virgin Islands, including the identification, preservation and maintenance of scenic overlooks; (7) provide for the conservation, maintenance and management of United States Virgin Islands wildlife, the resources thereof, and its habitat, and to make investigations to determine the effects of domestic sewage, industrial wastes and other polluting substances on wildlife and means of alleviating dangerous and undesirable effects of such pollution; (8) establish reasonable impact fees as a condition of approval of all development projects with a construction cost above $500,000. (9) identify, supervise, administer, manage, regulate and control the use and operation of all public campgrounds, natural areas, scenic waysides, historic sites, recreational trails, monuments, marine parks, and such other sites within the Territorial Parks System pursuant to 32 V.I.C., chapter 2; (10) provide for the planning, preparation, development, conservation and operation of projects within its authorized fields of activity and in connection with the same, maintain, operate and administer physical facilities and equipment; (11) employ such experts, scientists, consultants, technicians or other specially qualified persons as may be necessary for the proper and effective exercise and performance of its powers, duties and functions; (12) cooperate with any other agencies, organizations or persons, public or private, in undertakings designed to promote the objectives of conservation or development of natural resources, or of any other of its authorized areas of responsibility; (13) accept on behalf of the Government of the United States Virgin Islands gifts, bequests, devises, contributions or donations from any public or private source and administer and dispose of the same; (14) coordinate the various fields of its authorized activity through harmonious planning, development and maintenance; (15) perform such functions as may be required by federal law in order to participate in federally- aided projects or programs and serve as the state agency of the Government of the United States Virgin Islands for participation in all programs of the United States Government relating to its authorized fields of activity; (16) with the approval of the Governor, issue rules and regulations, not inconsistent with the provisions of this chapter, as may be necessary or appropriate for the implementation and effectuation of its powers, duties and functions; (17) make recommendations to the Governor for his submission to the Legislature with respect to its authorized fields of activity; (18) administer the laws relating to construction and repairs under building permits, provide a building inspection service, and administer and enforce the Building Code; and (19) prepare in a timely manner the operating budget for the Department for submission to the Director of the Office of Management and Budget. History: Added June 24, 1987, No. 5265, § 301, Sess. L. 1987, p. 29; amended July 14, 2003, No. 6585, § 20, Sess. L. 2003, p. 31; amended July 20, 2022, No. 8609, § 2, Sess. L. 2022, p. 205.

(a) Creation. Within the Department there shall be a Division of Planning (hereinafter referred to as the "Planning Office") which shall be headed by an Assistant Commissioner of Planning appointed by the Governor. The Assistant Commissioner of Planning shall be qualified by training, education and experience in the fields of planning, land use management, conservation and environmental protection. (b) Power and Duties. The Planning Office shall: (1) formulate a long-range comprehensive plan, to be submitted by the Governor to the Legislature for its consideration, as provided for in subsection (c) of this section; (2) formulate, for approval by the Governor and the Legislature, long-range plans and policies for the orderly and coordinated growth of the United States Virgin Islands, including, but not limited to, functional plans as provided for in subsection (d) of this section; (3) prepare special reports and make available the results of the Planning Office's research, studies and other activities, through publications, memoranda, briefings and expert testimony; (4) analyze the quality and quantity of services required for the continued orderly and long-range growth of the United States Virgin Islands, taking into consideration the relationship of activities, capabilities and future plans of units of government, commissions, authorities, private enterprises and the United States Virgin Islands and United States Governments; (5) coordinate the planning activities of all territorial departments, agencies and institutions with other public and private bodies within the United States Virgin Islands; (6) work with the Director of the Office of Management and Budget and other governmental departments, agencies and institutions to study and review plans and federal aid applications filed with the United States Government; (7) survey, review and appraise the accomplishments of the Government of the Virgin Islands in achieving the goals and objectives set forth in the annual development program; (8) borrow money and apply for and accept advances, loans, grants, contributions and any other forms of assistance from the United States Government, the Government of the United States Virgin Islands or other public entities, or from any other source, public or private, for the purposes of this chapter, and give such security as may be required and enter into and carry out contracts or agreements in connection therewith; and include in any contract for financial assistance with the United States Government such conditions imposed pursuant to federal laws as it may deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter; (9) provide any department or other agency of the Government of the United States Virgin Islands with personnel, equipment, information or services on a reimbursable or nonreimbursable basis; (10) review and comment on all local and area-wide applications for federal planning assistance; and (11) exercise all other powers necessary and proper for the discharge of its duties. (c) Comprehensive Plan. The Planning Office shall prepare, and upon legislative approval, issue and have in continuous process of revision, the long-range comprehensive plan based on studies, plans, needs and operations of every department, agency and institution of the Government of the United States Virgin Islands and the United States Government, taking into account the existing and prospective resources and capabilities of the Government of the United States Virgin Islands. The comprehensive plan shall identify and stress islandwide goals, objectives and opportunities. (1) The comprehensive plan shall provide long-range guidance for the physical, economic and social development of the United States Virgin Islands and shall include, but not be limited to, the following: (A) population and economic analysis with projections for each island and major population area within the United States Virgin Islands; (B) general land use policies for urban development, agriculture, industry, recreation, beaches and shorelines, sand removal, open space and other purposes; (C) policy and goals for housing and urban renewal; (D) policy for the balanced development of airport, highway and public transportation facilities; (E) policy for health services, manpower planning, employment opportunities, education, elimination of poverty, law enforcement and other programs; (F) projection of needs for public facilities including, but not limited to, headquarters and island office buildings, educational, medical, welfare and correctional institutions; (G) recreation and open spaces for government facilities, major local facilities and federal recreation areas; (H) inventory and appraisal of the United States Virgin Islands natural resources, setting forth policy for their prudent exploitation, conservation and replenishment; and (I) policies for intragovernmental relations and governmental structure. (2) The comprehensive plan and revisions thereof shall be transmitted to the Legislature for its consideration and action. The plan, and revisions thereof, when approved by the Governor and the Legislature, shall become effective as governmental policy. (d) Long-range functional plans. (1) The Planning Office shall issue a series of long-range functional development plans relating, but not necessarily limited to, outdoor recreation, water resources, transportation, housing, education, economic development, health services and facilities, employment, poverty, manpower planning and other broad areas of governmental responsibilities. (2) Long-range functional plans, and revisions thereof, shall be transmitted to the Legislature for its consideration. The plans, and revisions thereof, when approved by the Governor and the Legislature, shall become effective as governmental policy and shall be consistent with United States Virgin Islands zoning law. (e) Development program. The Planning Office shall prepare and submit to the Governor and the Legislature a development program covering the forthcoming four years. The development program shall consist of the following: (1) an analysis of the current posture of government development in terms of opportunities, together with a review of present factors and activities affecting development of the United States Virgin Islands. This analysis shall present accomplishments and the current status of programs and activities and review such factors as the overall economic posture of the United States Virgin Islands; the major problems confronting the United States Virgin Islands; the activities of the private sector, local and federal activities; and government operations designed to meet the responsibilities of overall territorial development and activities; (2) a statement of specific policies, as prescribed in subsection (c) for at least each of the following general functional areas: economic development, social and human resources development, natural resource development, transportation and other areas; (3) details of territorial programs and the quantified annual objectives of each program over the forthcoming four years. New programs, elimination or modification of existing programs and the anticipated performance or accomplishment of current, new or modified programs shall be described in detail; (4) identification of the methods and requirements for implementing the proposed annual development program which shall describe, for each year, the fiscal resources, capital facilities, other resources and any administrative change or new legislation required; and (5) a four-year schedule of proposed capital improvements, to be compiled from schedules of proposed capital improvements submitted to the Planning Office by each department, agency, authority, board and commission. History: Added June 24, 1987, No. 5265, § 301, Sess. L. 1987, p. 29.

(a) The Virgin Islands Planning Board, heretofore established and attached to the Office of the Governor, is redesignated the Virgin Islands Historic Preservation Commission and is continued as an agency of the Government of the United States Virgin Islands, attached to the Department of Planning and Natural Resources. (b) The Commission shall be composed of thirteen members: namely, the Commissioner of Planning and Natural Resources, who shall be a member ex officio and shall serve as Secretary of the board, and twelve other members appointed by the Governor, with the advice and consent of the Legislature, at least five of whom shall be citizens residing in the District of St. Thomas-St. John, and at least one of whom shall be a citizen residing on the Island of St. John, and at least five of whom shall be citizens residing in the District of St. Croix; provided, however, that not less than one member shall be a resident of the Historic District of Frederiksted. No member of the Commission shall be qualified to serve without the advice and consent of the Legislature. (c) All members of the Commission shall serve a term of two years. Each member shall serve until the appointment and qualification of his successor; Provided, however, the Governor shall submit the nominations of successors to the Legislature no later than 10 days after its first regular session convening in January of each year, or include the same in the call for the next special session succeeding the expiration of a member's term. No person shall be qualified to serve as a member of the Commission who is continued as such in violation of the provision of this subsection. (d) There shall be within the Commission two Commission Committees; one such Committee shall consist of the members of the Commission who are residents of the District of St. Croix and may exercise the full authority of the Commission over all matters within the jurisdiction of the Commission pertaining solely to the District of St. Croix; and the other such Committee shall consist of the members of the Commission who are residents of the District of St. Thomas-St. John and may exercise the full authority of the Commission over all matters within the jurisdiction of the Commission pertaining to the District of St. Thomas-St. John. A quorum of each Commission Committee shall consist of four of its members. Each Committee shall annually elect one of its members to serve as its Chairman. Any matter presented to a Commission Committee which is not within the jurisdiction of such Committee shall be referred to the Commission. At the request of any three members of a Committee, any matter pending before such Committee may be referred to the Commission for appropriate action. No public hearing required pursuant to Title 29, chapter 3, of this Code or authorized by the Commission or a Commission Committee shall be held unless at least two members of the Commission are in attendance. (e) The Commission shall elect annually one of its members to serve as its Chairman. (f) The members may be removed by the Governor for cause. (g) The Commission shall be responsible for promulgating rules and regulations necessary for the administration of the Frederiksted and Christiansted Reconstruction and Rehabilitation Revolving Fund established pursuant to Title 33, section 3095, Virgin Islands Code. (h) In addition to the performance of its functions prescribed by law, the Commission shall perform such functions as the Governor may prescribe or as required by law. History: Added June 24, 1987, No. 5265, § 301, Sess. L. 1987, p. 29; amended May 22, 1990, No. 5554, § 3, Sess. L. 1990, p. 180; Sept. 23, 1996, No. 6122, § 1(1), Sess. L. 1996, p. 118; amended Nov. 10, 2025, No. 9057, § 1, Sess. L. 2025, p. -.

The Commissioner of the Department of Planning and Natural Resources shall serve as the state historic preservation officer (SHPO) for the purpose of federal law. History: Added June 24, 1987, No. 5265, § 301, Sess. L. 1987, p. 29.

(a) The Legislature finds that many of our citizens lack the opportunity to view, enjoy or participate in living theatrical performances, musical concerts, operas, dance and ballet recitals, art exhibits, examples of fine architecture, and that the enjoyment of the arts are of increasing importance and that the general welfare of the people of the United States Virgin Islands will be promoted by giving further recognition to the arts as a vital aspect of our culture and heritage and as a valued means of expanding the scope of our educational programs. The Legislature declares it to be the policy of the United States Virgin Islands to join with private patrons and with institutions and professional organizations concerned with the arts to insure that the role of the arts in the life of our community will continue to grow and will play an ever more significant part in the welfare and educational experience of our citizens. It is further declared that all activities undertaken by the United States Virgin Islands in carrying out this policy shall be directed toward encouraging and assisting, rather than in any way limiting, the freedom of artistic expression that is essential for the wellbeing of the arts. (b) There is established within the Department of Planning and Natural Resources, a Virgin Islands Council on the Arts (hereinafter, referred to as the "Council"). The Council shall consist of nine members, broadly representative of all fields of the performing and fine arts to be appointed by the Governor, with the advice and consent of the Legislature, from among private citizens who are widely known for their professional competence and experience in connection with the performing and fine arts. In making such appointments, due consideration shall be given to the recommendations made by representative civic, educational and professional associations and groups concerned with, or engaged in, the production or presentation of the performing and fine arts generally. (c) Commencing with the appointment of members to the Council to fill vacancies occurring in fiscal year 1984, the Governor shall nominate three members to serve for a one-year term, three members to serve for a two-year term, and terms thereafter shall be for three years. The Commissioner of Planning and Natural Resources shall call the first meeting of this Council and shall preside at such a meeting until a Chairman has been elected by the Council. The Council shall annually elect a Chairman, Vice-Chairman, Secretary and Treasurer from among its membership. Vacancies in the Council occurring other than by expiration of term, shall be filled for the unexpired term in the same manner as original appointments. Members may serve no more than two consecutive full terms, except in accordance with Title 3, section 65a, subsection (c), Virgin Islands Code. (d) Each member of the Council who is not a public officer or employee shall receive a per diem of thirty (30) dollars for each day he attends a meeting of the Council on the Arts, and he shall be entitled to reimbursement of necessary travel or other expenses incurred in the discharge of his duties as a member of the Council. Public officials and employees shall receive reimbursement for travel and other expenses in accordance with government travel regulations. (e) The Chairman may appoint such officers, experts and other employees as he may deem necessary, prescribe their duties, fix their compensation and provide for reimbursement of their expenses within amounts available therefor by appropriation. (f) The Council shall have the following powers and duties: (1) To stimulate and encourage throughout the Virgin Islands the study and presentation of the performing and fine arts and public interest and participation therein; (2) To make such surveys, as may be deemed advisable, of public and private institutions engaged within the United States Virgin Islands in artistic and cultural activities, including but not limited to, music, theatre, dance, painting, sculpture, architecture and allied arts and crafts, and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of the people of the United States Virgin Islands; (3) To take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of the United States Virgin Islands to expand the cultural resources of the United States Virgin Islands; (4) To hold public or private hearings; (5) To enter into contracts with individuals, organizations and institutions for service furthering the educational objectives of the Council's programs; (6) To accept gifts, contributions and bequests of unrestricted funds from individuals, foundations, corporations and other organizations or institutions for the purpose of furthering the educational objectives of the Council's programs; (7) To make and sign any agreements and to perform any acts that may be necessary, desirable or proper to carry out the purposes of this section; (8) To effectuate the purposes of this section, the Council may request from any department, board, bureau, commission or other agency of the Government of the United States Virgin Islands, and the same are authorized to provide, such assistance, service and duties as will enable the Council to properly carry out its powers and duties hereunder; and (9) To cooperate with federal agencies whose purpose and functions are designed to promote the objectives of this section and to receive and expend all funds made available by the federal government for the promotion of the objectives of this section. (g) No later than 60 days after the close of each fiscal year, the Council shall prepare and submit to the Legislature and the Governor for such fiscal year: (1) an Annual Report of its programs, activities and accomplishments; and (2) a financial statement, which shall include, but not be limited to, a report of all funds received from all sources and all expenditures made and obligations incurred. The Council shall also submit to the Legislature and to the Governor, at such other times as may be required, reports on any aspect of its activities. History: Added June 24, 1987, No. 5265, § 301, Sess. L. 1987, p. 29; amended Mar. 13, 1990, No. 5506, Sess. L. 1990, p. 21; Sept. 28, 1990, No. 5636, § 1(a)(8), Sess. L. 1990, p. 346.

(a) For the purpose of establishing, maintaining and supervising the collection and exhibition of fine arts and objects and such relics, documents, paintings, artifacts and other historical and related materials as will evidence and illustrate the history of the West Indies and the culture of its inhabitants, particularly of the United States Virgin Islands, there is established, within the Department of Planning and Natural Resources, the Virgin Islands Museum of Fine Arts (hereinafter referred to as the "Museum"), which shall constitute a nonprofit instrumentality of the Government of the United States Virgin Islands. (b) Subject to the supervision and control of the Commissioner of Planning and Natural Resources, the Museum is authorized to perform the following functions: (1) To acquire by purchase, lease, gift, loan or otherwise, and to hold, manage and administer all such property, real or personal, as it deems necessary to carry out its purposes; (2) To accept from the federal government, or any other government, organization, body or agency, public or private, services, equipment, supplies, materials or funds by way of gift, loan or grant; provided that all funds thus acquired by the Museum shall be used for the purpose of this section and no other; (3) To adopt, amend and repeal bylaws; (4) To make contracts as herein authorized, and to sue and be sued in its name; (5) To hire and discharge employees as may be necessary to carry out its activities; (6) To carry on such construction and maintenance work as it may deem necessary in connection with its purposes; and (7) To adopt and issue such rules and regulations, not inconsistent with the provisions of this title, as may be necessary for the operation and maintenance of the Museum, and for the conduct of visitors, patrons and the general public. History: Added June 24, 1987, No. 5265, § 301, Sess. L. 1987, p. 29.

Unless otherwise specifically amended, or unless the context clearly requires a different meaning, any reference in this Code to the Department of Conservation and Cultural Affairs or the V.I. Planning Office existing prior to the date of enactment of the act establishing this Department, or any reference to the Commissioner of Conservation and Cultural Affairs or the Director of the Planning Office shall be deemed to refer and apply to the Department of Planning and Natural Resources and the Planning Office and the Commissioner of said Department and the Assistant Commissioner of Planning, respectively, as established in this chapter. History: Added June 24, 1987, No. 5265, § 301, Sess. L. 1987, p. 29.

History: Repealed. Jan. 6, 2019, No. 8153, § 3, Sess. L. 2018, p. 336.

History: Repealed. Apr. 20, 2008, No. 6978, § 1, Sess. L. 2007, p. 214.

The Department of Health, hereafter in this chapter referred to as the "Department", is continued as an executive department in the Government of the United States Virgin Islands.

(a) At the head of the Department, there shall be a Commissioner of Health, hereafter in this chapter referred to as the "Commissioner". (b) The Commissioner shall be appointed by the Governor, with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. (c) The Department shall be administered under the supervision and direction of the Commissioner.

Functions (a) There shall be in the Department an Assistant Commissioner and such deputies as the Governor deems necessary for the proper administration of the Department. The Assistant Commissioner and such deputies shall be appointed by the Governor, and shall hold office during the continuance in office of the Governor by whom they are appointed and until their successors are appointed and qualified, unless sooner removed by the Governor. (b) The Assistant Commissioner and any deputies appointed under this section shall perform such functions as the Commissioner prescribes.

(a) The Governor may establish within the Department such divisions and bureaus as he deems necessary for the proper administration of the Department. (b) At the head of each division established under this section, there shall be a Director; and at the head of each bureau established under this section, there shall be a Chief of the bureau. (c) The heads of divisions and bureaus shall perform such functions as the Commissioner prescribes; and if any bureaus are established within a division, the director of such division may also serve as chief of any such bureau, and the chief of any such bureau may also serve as the acting chief of other such bureaus within the division.

Nursing, Optometry, Physical Therapy, Chiropractic and Podiatry Boards established (a) The following boards are hereby established within the Department: (1) The Board of Medical Examiners (2) The Board of Dental Examiners (3) The Board of Pharmacy (4) The Board of Nurse Licensure (5) The Board of Optometrical Examiners (6) The Board of Physical Therapy (7) The Board of Chiropractic Examiners (8) The Board of Podiatry Examiners. Composition; qualifications; appointment; tenure (b) The Boards provided in subsection (a) of this section shall be composed of members appointed by the Governor with the advice and consent of the Legislature as follows: (1) The Board of Medical Examiners- (A) Four physicians licensed to practice in the Virgin Islands; two of whom must reside in the district of the St. Croix and two in the district of St. Thomas and St. John. (B) Three members from the Virgin Islands community of recognized ability and integrity in non- medical professions; one of whom must reside on St. Croix, one on St. Thomas and one on St. John. (2) The Board of Dental Examiners- (A) five dentists licensed to practice in the Virgin Islands for at least five years before the date of appointment-three to be appointed for initial terms of two years, and two for initial terms of four years. Thereafter, all appointments shall be for four years. Three examiners shall reside in the district of St. Thomas and St. John, and two shall reside in the district of St. Croix. (B) One dental hygienist who must be a resident of the Virgin Islands; and one member of the public of recognized ability and integrity in a non-healthcare profession, who has been a resident of the Virgin Islands for at least five years. Appointments made in accordance with this subparagraph must be for a term of four years, and no member appointed under this subparagraph may serve more than two terms on the Board. (3) The Board of Pharmacy-five pharmacists registered in the Virgin Islands for at least five years prior to the date of appointment; the members of the Board first to be appointed shall hold office, one for one year, one for two years, one for three years, one for four years, and one for five years, the term of each to be designated by the Governor. Thereafter all appointments shall be for five years. Not more than three members shall reside in any one district and not less than two shall be pharmacists in the retail pharmacy business. (4) The Board of Nurse Licensure-one nurse anesthetist, one nurse-midwife, one nurse educator, two nurses from varied areas of specialization, two licensed practical nurses and two voting lay people; one to represent St. Croix and one from St. Thomas/St. John; five to be appointed for initial terms of two years and six for initial terms of three years. Thereafter, all terms shall be for three years. Members may be reappointed. Upon the expiration of a member's term, the member may serve until the member's successor is appointed. Each member of the Board shall have been a citizen of the United States and a resident of the United States Virgin Islands for at least five years. Each nurse appointee shall possess a license to practice nursing in the Virgin Islands, shall have at least five years of experience in nursing, and shall preferably be actively engaged in nursing at the time of the appointment. All nurse specialists should be certified in their area of practice. A panel of nominees, representative of all three islands, shall be submitted by recognized organized nursing organizations or groups to the Governor at least 90 days prior to the expiration of the term of each board member, from which panel the Governor in consultation with the Commissioner of Health may select his appointees to the board. (5) The Board of Optometrical, Examiners-seven members including three optometrists, who are licensed to practice in the Virgin Islands. Of the three optometrists, one shall be appointed for an initial term of two years, one for an initial term of three years, and the third for an initial term of four years. Thereafter, and for the remaining four members, all appointments shall be for four years. Of the remaining four members, three shall be employees of the Government of the Virgin Islands and one shall be a member of the private sector. The members of the Board shall have been residents of the Virgin Islands for at least five years; provided, however, that not more than four examiners shall reside in any one district and that the Board shall elect a chairman from among its members. (6) (A) The Board of Physical Therapy shall consist of five members, all of whom must reside in the Virgin Islands and have been practicing in the Virgin Islands for no less than three years prior to their appointments. Two members must reside in the district of St. Croix, two members must reside in the district of St. Thomas and St. John, and at least one member must represent the public and must not be in the medical profession or have a conflict of interest. Two of the members, one of whom may be a physical therapist assistant, must be elected by a majority vote of all licensed and practicing physical therapists and physical therapist assistants residing in the Territory, and the other three members must be nominated as provided in this section. All board members are appointed to a three year term and may serve until their successor is appointed. (B) The governor shall appoint one member from each district and the public member. (C) All nominees must be appointed only with the advice and consent of the Legislature. (7) The Board of Chiropractic Examiners-four chiropractic physicians who have held a license to practice chiropractic in the Territory at least three years, all of whom shall be licensed to practice in the United States Virgin Islands, and one member of the public, who is neither a physician nor a chiropractic physician all of whom must be bona fide residents of the Virgin Islands. (8) The Board of Podiatry Examiners-five physicians and/or podiatrists, at least one of whom shall be a podiatrist and all of whom shall be licensed to practice in the Virgin Islands; three to be appointed by the Governor upon the recommendation of the Commissioner of Health for initial terms of three years and two for initial terms of four years. Thereafter, all appointments shall be for four years or until such time as a successor is appointed. Not more than three examiners shall reside in any one district. Members may be removed by the Governor for cause. Chairman (c) Each board shall elect annually one of its members to serve as its Chairman; provided that the Governor shall designate the first Chairman of each board initially appointed under this section. (d) Omitted. Removal of members (e) (1) The members may be removed by the Governor for cause. (2) The Governor may remove any member of the Board of Nurse Licensure for neglect of any duty required by law or for incompetence or unprofessional or dishonorable conduct as recommended by the Board of Nurse Licensure. History: Amended May 29, 1968, No. 2212, § 1, Sess. L. 1968, Pt. II, p. 9; Feb. 10, 1969, No. 2388, §§ 3, 4, Sess. L. 1969, p. 12; July 10, 1972, No. 3243, Sess. L. 1972, p. 170; Oct. 25, 1978, No. 4234, § 1, Sess. L. 1978, p. 258; Aug. 22, 1980, No. 4463, § 1, Sess. L. 1980, p. 129; Jan. 12, 1982, No. 4666, §§ 1-3, Sess. L. 1981, p. 300, 301; Sept. 28, 1987, No. 5280, § 2 [second], Sess. L. 1987, p. 132; Dec. 7, 1989, No. 5490, Sess. L. 1989, p. 156; Apr. 6, 1998, No. 6225, § 2, Sess. L. 1998, p. 238; Aug. 20, 2010, No. 7181, § 1, Sess. L. 2010, p. 113; amended Sept. 27, 2013, No. 7510, § 1, Sess. L. 2013, p. 79; amended May 16, 2014, No. 7594, § 3, Sess. L. 2014, p. 59; amended July 11, 2014, No. 7620, § 1, Sess. L. 2014, p. 125; amended Aug. 13, 2014, No. 7642, § 3(a)(1), (2), (b), (c), Sess. L. 2014, p. 220; amended Jan. 21, 2016, No. 7823, § 1, Sess. L. 2015, p. 225; amended June 14, 2018, No. 8055, § 4, Sess. L. 2018, p. 89; amended Jan. 6, 2019, No. 8150, § 1, Sess. L. 2018, p. 324; amended Dec. 6, 2021, No. 8515, § 7, Sess. L. 2021, p. 225; amended Nov. 10, 2025, No. 9058, § 1, Sess. L. 2025, p. -.

(a) There is established an Opioid Abatement Trust Fund Committee, herein after referred to as the "Committee". (b) The Committee is established under the Virgin Islands Department of Health to provide recommendations to the Commissioner of Health on how the opioid abatement Funds received as a result of opioid litigation settlements and judgments are to be allocated and distributed consistent with approved uses only. (c) The Committee shall consist of six members, five voting members and one non-voting member, who shall serve as the chairperson. The Commissioner of Health or the Commissioner's designee shall serve as a non-voting chairperson. The voting members of the Committee are: (1) The Attorney General or the Attorney General's designee; (2) Two members appointed by the Governor of whom one must be a resident of the district of St. Croix, and one a resident of the district of St. Thomas and St. John; and (3) Two members appointed by the President of the Legislature of whom one must be a resident of the district of St. Croix, and one a resident of the district of St. Thomas and St. John. (d) All members to the Committee shall have experience, expertise and education with respect to one or more of the following disciplines: public health policy or research, substance abuse, health care equity, criminal justice, drug policy, substance use disorders, prevention, treatment, recovery and harm reduction services, behavioral health services, public budgeting and other related disciplines to assure the effective functioning of the Committee. (e) Three voting members of the Committee constitute a quorum. Determinations shall be made upon a majority vote. (f) The Committee shall hold at least four meetings per year or more often upon the call of a meeting by the chair or the majority of the members of the Committee. Members may attend meetings in person, remotely by audiovisual means, or by audio-only. (g) Each appointed member of the Committee shall serve for terms of three (3) years, and any member is eligible for reappointment. In the event of a vacancy, the original appointing authority shall appoint a new member to fulfill the remainder of the unexpired term. Any member who is appointed to the Committee may be removed by the appointing authority upon written notice to the chairperson. (h) Committee members receive no compensation. Members must be reimbursed for their actual and necessary expenses incurred in the performance of their duties. (i) All Committee members are subject to the Virgin Islands conflict of interest laws. (j) The Committee has the following duties and powers: (1) Recommend and approve policies and procedures for administration of the Committee and for the application, awarding, and disbursement of monies from the Fund, to be used for the purposes set forth in 33 V.I.C. § 3100g g. (2) Make recommendations regarding specific opioid abatement priorities and expenditures for the use of opioid settlement Funds. (3) Approve awards of monies from the Fund exclusively for permissible expenditures set forth in 33 V.I.C. § 3100g g and any opioid related settlement agreement, court order or consent judgment. (4) Monitor the level of approved administrative expenses from any opioid related settlement agreement, court order, or consent judgment. (5) Recommend measurable outcomes to determine the effectiveness of Funds expended for approved opioid uses. (6) Approve suspensions of allocations of monies from the Fund to recipients found by the Committee to be substantially out of compliance with the Committee's policies or procedures; or to have used the awards for a purpose other than an approved purpose. The Committee may resume approval of the allocations once the Committee has determined the recipient has adequately remedied the cause of the suspension; (7) Require recipients of monies from the Fund to provide an annual report to the Committee detailing the effectiveness of infrastructure, programs, services, and/or resources Funded; (8) Take all necessary actions to effectuate the purpose of this section or any settlement agreement, court order, or consent judgment; and (9) Promulgate rules and regulations necessary to implement its responsibilities under this section. (k) The Department of Health shall provide administrative support to the Committee. (l) Annually, no later than October 30, the Department of Health and Department of Justice shall submit a report to the Governor of the Virgin Islands and the Legislature of the Virgin Islands on the allocation of the awards approved by the Committee, and revenue and expenditures to and from the Fund. The report must also be posted on the Department of Justice and the Department of Health's website. (m) If any provision of this section or application thereof, to any circumstance is held invalid, the remaining provisions of this section are not affected nor diminished. History: Added Jan. 19, 2023, No. 8694, § 2, Sess. L. 2022, p. 464-466.

History: Repealed. June 24, 1987, No. 5265, § 1304(f), Sess. L. 1987, p. 103. Cite as: 3 V.I.C. § 416, 417

(a) The Department of Health shall have general authority and jurisdiction to provide general medical and surgical care of acceptable standards for the people of the Virgin Islands, and, in this connection, shall- (1) conduct a program of preventive medicine, utilizing the principles of communicable disease, cancer, diabetes, and heart disease control, in an effort to reduce the morbidity rates attributed to contagious and degenerative disease; (2) in cooperation with the Federal Grant-in-Aid Program, conduct specialized programs in maternal and child health and sponsor a program to aid crippled children; (3) [Repealed.] (4) participate in all Federal public health programs for which money is appropriated by the Congress of the United States to improve the quality of services rendered to the citizens of the Virgin Islands; (5) exercise general control over the enforcement of laws and regulations relating to the health of the people of the Virgin Islands; (6) administer, operate, and maintain public health standards which it deems necessary to prolong the life span of the people of this area; (7) recommend rules and regulations governing (a) the operation of public water supplies, (b) inspection of milk and of business establishments, (c) accident and preventive programs, and (d) recreation programs; (8) conduct studies of bathing areas within the Virgin Islands; (9) develop a sound community behavioral health program; (10) advise the community, through the proper bureau or division of the Department, of programs available to citizens of the Virgin Islands; (11) recommend the licensing of health facilities or health services; (12) have charge of the registration of births, deaths, and other vital statistics in the Virgin Islands, and keep all records appertaining thereto; (13) administer, except as may be otherwise provided therein, the laws relating to vital statistics, and the issuance of certificates of death and permits for the burial, removal, or other disposition of the remains of deceased persons; (14) administer, except as may be otherwise provided therein, the laws relating to the regulation of the practice of medicine, surgery, dentistry, nursing, and pharmacy, including the examination of applicants for licenses to practice in such fields, and recommendations with respect to the issuance, suspension or revocation of such licenses; (15) supervise and regulate bakeries, in accordance with law; (16) inspect and regulate dairy milk depots and suppliers, in accordance with law; (17) supervise and regulate, in accordance with law, the practice of veterinary medicine; (18) constitute the state agency of the United States Virgin Islands Government for participation in all programs of the Federal Government relating to the problems of behavioral health, alcoholism and drug dependency; provided, however, that such programs shall not extend to or deal with, the illegal importation, manufacture, distribution, and possession and improper use of controlled substances, as defined in chapter 29 of title 19, and the chapter 29 of title 19ng to said controlled substances. (19) maintain named perils coverage, including fire, extended coverage, vandalism, malicious mischief, earthquake, and national flood insurance coverage for all government health facilities including, but not limited to, each of the government hospitals and medical clinics, together with all appurtenances thereto and contents therein. Such insurance coverage shall be at least equal to the appraised value of the facilities. (20) [Repealed.] (21) [Repealed.] (22) administer, except as may be otherwise provided therein, the laws relating to the determination of the sanity of persons, and to the admission of patients to mental hospitals. (b) The Department shall prepare the budget for the Department, for submission to the Commissioner of Finance. (c) [Repealed.] (d) Notwithstanding any other law, the Department of Health shall not contract for the construction of any building or any addition for an existing building unless such contract has been approved by the Legislature. History: Amended June 24, 1958, No. 335, § 13(a), Sess. L. 1958, p. 114; Jan. 8, 1959, No. 385, § 2, Sess. L. 1958, p. 179; Mar. 22, 1966, No. 1633, §§ 2, 3, Sess. L. 1966, p. 179; June 8, 1970, No. 2734, § 4, Sess. L. 1970, p. 155; Feb. 29, 1972, No. 3178, § 1, Sess. L. 1972, p. 30; Nov. 29, 1972, No. 3339, Sess. L. 1972, p. 511; Aug. 5, 1977, No. 4039, § 3, Sess. L. 1977, p. 234; Oct. 19, 1984, No. 5014, § 218, Sess. L. 1984, p. 367; June 20, 1986, No. 5177, § 1(a), Sess. L. 1986, p. 188; June 24, 1987, No. 5265, § 902(g), Sess. L. 1987, p. 86; Mar. 27, 1992, No. 5783, § 3, Sess. L. 1992, p. 64; Jan. 23, 2004, No. 6638, § 4, Sess. L. 2003, p. 247; amended Jan. 6, 2019, No. 8152, § 1(a)(1), Sess. L. 2018, p. 327.

(a) In addition to the powers and duties specified in section 418 of this chapter, the Department of Health is authorized and directed to administer psychological and drug and alcohol abuse tests to any person or security guard as defined in subsection (g) of section 1301, Title 23, Virgin Islands Code, to determine his or her fitness to carry out his or her job-related duties and responsibilities through the measurement of capacity for stress, intelligence, honesty, judgment, control of aggression, and general behavioral health. (b) The tests authorized in subsection (a) of this section shall be conducted four times each year by the Department of Health; Provided, That the Department of Health shall cause to be published in two newspapers of general circulation in the Territory notices of such tests at least two weeks in advance of each such test, such notices to include, but not be limited to, information regarding the types of tests to be conducted, the dates and times of such tests, the location of the place or places where such tests are to be conducted, the fee required to be paid, and a statement indicating the successful completion of such tests is a prerequisite for the issuance of a license to have and possess firearms for persons employed by private security guard or investigative agencies. (c) Prior to administering the psychological and drug and alcohol abuse tests authorized in subsection (a) of this section to any person, the Department of Health shall cause to be collected from such person a fee equal to the actual costs of administering such tests, such fee to include a reasonable allowance for overhead. History: Added June 14, 1984, No. 4958, § 1, Sess. L. 1984, p. 170; amended Jan. 6, 2019, No. 8152, § 1(a) (1), Sess. L. 2018, p. 327.

The Commissioner may prescribe rules and regulations, not inconsistent with law or other regulations authorized by law, for the proper administration of the Department, the conduct of its officers and other personnel, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it.

History: Repealed. Nov. 15, 1971, No. 3153, § 1, Sess. L. 1971, p. 389.

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

(a) There is established as an executive department in the Government of the United States Virgin Islands the Department of Human Services (hereinafter, referred to as the "Department"). (b) At the head of the Department there shall be a Commissioner of Human Services (hereinafter, referred to as the "Commissioner"). The Commissioner shall be appointed by the Governor with the advice and consent of the Legislature, and shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. The Department shall be administered under the supervision and direction of the Commissioner. (c) The Governor shall appoint two Assistant Commissioners for the Department, one for the District of St. Croix and one for the District of St. Thomas-St. John, and such deputies or division directors as he deems necessary for the efficient operation of the Department. The duties of the officers appointed under this subsection shall be prescribed by the Commissioner consistent with the powers and duties of the Department. (d) The Governor shall organize the Department to provide the most efficient, cost-effective and coordinated delivery of services and programs within its jurisdiction. (e) In organizing the Department, the Governor shall establish a Division of Handicapped Services which, in addition to the powers and duties of the Department applicable to the handicapped, shall serve as the sole source agency for the administration of federal and Virgin Islands programs for the handicapped. Whenever necessary, the Governor shall, by Executive Order, unless otherwise prohibited by law, conform the Division of Handicapped Services by organization or otherwise, to the requirements of federal law to the extent necessary to qualify the Division and the Department for federal funding of programs for the handicapped. The organization of the Division shall include an advisory council consisting of handicapped persons who shall report to the Division head and the Commissioner on policy and programs administered by the Division of Handicapped Services. History: Added June 24, 1987, No. 5265, § 201, Sess. L. 1987, p. 22.

(a) The Department shall establish, administer, coordinate and supervise all publicly financed services and programs for youth, children, handicapped, elderly, and low-income adults and families (hereinafter, collectively referred to as "clients") within the jurisdiction provided in this chapter. (b) The Department, through the Commissioner, is empowered and has the duty to: (1) provide a central intake system for clients seeking services from the Department; (2) provide counseling, employment training and related services to clients as may be applicable; (3) operate and maintain special programs to achieve a high level of social welfare for clients; (4) provide adoption services; (5) establish standards for and license and supervise child care and welfare services, institutions and programs provided by private individuals or child care agencies; (6) plan, administer and operate all public institutions or shelters furnishing institutional care of a custodial nature or shelter care for the aged, infirm or otherwise handicapped persons (other than those requiring care in a medical institution) including the furnishing of casework, occupational therapy and recreation services for the residents thereof; (7) provide counseling services and intervention in cases of suspected or confirmed mental or physical abuse, neglect or abandonment; (8) create and maintain training and preservation programs including, but not limited to, music, art and dance unique to the cultural heritage of the United States Virgin Islands; (9) provide court-ordered reports, counseling, rehabilitation, prevention and related services to juvenile offenders and their families; (10) provide for pre-trial and crisis intervention centers as may be practicable; (11) provide referral assistance to aliens in problems of immigration and attaining assimilation into the community; (12) cooperate with and operate programs for persons who volunteer to assist in eliminating poverty and related environmental problems; (13) assist the physically or emotionally disabled to prolong independent living in their own homes; (14) develop, operate and maintain work-incentive programs; (15) maintain a continuing review of all programs affecting clients and identify research needs and assist in obtaining funds for research and demonstration projects; (16) promote employment opportunities for clients, as appropriate; (17) promote the exchange of research information and pertinent data affecting the welfare of clients which would improve services and programs to the clients; (18) inquire into and make recommendations to appropriate agencies, public or private, on any matter affecting the behavior, care, or welfare of clients, and enlist the aid of public and private agencies concerned with the welfare of clients; (19) ensure the enforcement of laws pertaining to the care, control, protection, rehabilitation and general welfare of clients; (20) receive and expend all funds made available to the Department by the United States Government and from any other sources for carrying forward programs administered by the Department; and (21) prepare an annual budget for all Departmental operations for timely submission to the Director of the Office of Management and Budget. (c) The Department, through the Commissioner, shall identify, assess, coordinate and eliminate conflict, duplication and inconsistencies among programs affecting youth, children, handicapped, elderly and low- income adults and families; shall promote efficiency among such programs; and shall seek to coordinate, to the maximum extent feasible, such programs with other federal, local of private programs affecting such persons. (d) The Commissioner shall serve as Administrator for the Interstate Compact for Juveniles established in title 5, chapter 64 of this Code and shall administer and manage the supervision and transfer of juveniles subject to the terms of the Interstate Compact for Juveniles, the rules adopted by the Interstate Commission and policies adopted by the State Council under the Compact. History: Added June 24, 1987, No. 5265, § 201, Sess. L. 1987, p. 22; amended Apr. 7, 2010, No. 7159, § 2, Sess. L. 2010, p. 42.

(a) The Department is designated as the "state agency" for all programs pertaining to youth, children, handicapped, elderly and low-income adults and families whenever such designation is required by federal law for the purpose of participating in federal programs. (b) The Governor shall, by Executive Order, unless otherwise prohibited by law, conform the Department, by organization or otherwise, to the requirements of federal law to the extent necessary to qualify the Department as the "state agency" within the meaning of this section. History: Added June 24, 1987, No. 5265, § 201, Sess. L. 1987, p. 22.

The Commissioner may prescribe rules and regulations, consistent with law, for the execution of the powers and duties of the Department, the delivery of services and programs, the conduct of Department officers and personnel and the custody, use and preservation of the records, papers and property of the Department. History: Added June 24, 1987, No. 5265, § 201, Sess. L. 1987, p. 22.

(a) There is established the Virgin Islands Criminal Victims Compensation Commission which shall be composed of the Commissioners of the Departments of Human Services, Health, and the V.I. Police Department and the Attorney General, or their designees, as members ex officio. The Commission shall, at its first meeting in each calendar year, elect as its Chairman one of its members and the Commissioner of Human Services shall serve as Executive Secretary of the Commission. For administrative purposes, the Commission shall be an agency of the Government of the United States Virgin Islands within the Department, and shall be subject to the direction of the Commissioner in his capacity as Executive Secretary as expressly provided by law. (b) The Commission shall meet at least once in each quarter and whenever called to a meeting by the Chairman or the Executive Secretary to administer and execute the provisions of Title 34, chapter 7, VIC, or to establish, amend or revise policy or rules and regulations. (c) Three members shall constitute a quorum and no matter requiring the approval or determination of the Commission shall be effectively approved or determined unless it receives the affirmative vote of a majority of the members present and voting, a quorum being present. History: Added June 24, 1987, No. 5265, § 201, Sess. L. 1987, p. 22.

Handicapped (a) The Virgin Islands Department of Human Services is authorized and directed to establish and maintain a program to be designated the "Virgin Islands Learning Center for the Blind and Physically Handicapped" (hereinafter referred to as the "Learning Center"). The purpose of the Learning Center shall be to provide educational, counseling, social and related services for blind and physically handicapped persons. (b) The Learning Center shall provide a program of activities and services for blind and physically handicapped persons who are not served or who are unable to be served by existing programs within the specific responsibility of another department or agency of the Government of the Virgin Islands or specifically entrusted to such other agency by law. Without limiting the generality of the foregoing, and in addition to such functions, duties and powers as may otherwise be prescribed by law to the Department, the Learning Center shall: (1) provide instruction and educational services designed to meet the special needs of blind and physically handicapped persons; (2) conduct a daily program of social and learning activities designed to enable blind and physically handicapped persons to achieve their full potential for communication with, and adjustment to, the world around them for useful and meaningful participation in society, and for self-fulfillment; (3) provide counseling and referral services; (4) provide facilities for daily social, learning and recreational activities; (5) provide transportation and other supportive services as may be required to assist blind and physically handicapped persons in taking advantage of educational programs and opportunities offered by the Learning Center; and (6) cooperate and coordinate with other agencies of the Government of the United States Virgin Islands in developing programs, services and activities related to the Learning Center's functions. (c) The Learning Center shall be provided with such facilities, equipment and personnel as shall be necessary to the proper performance of the Learning Center's functions. Facilities for the Learning Center program shall be of sufficient number and so located as to be readily accessible to the blind and physically handicapped throughout the Territory. The Department may acquire adequate space for such facilities by renting, leasing or other available means. (d) In addition to such funds as may be appropriated for the use of the Learning Center by the Legislature, the Department may accept gifts, bequests, devises, matching funds or other consideration for use in performing the work of the Learning Center. History: Added June 24, 1987, No. 5265, § 201, Sess. L. 1987, p. 22.

(a) Whenever the Commissioner receives a written complaint under oath pursuant to the provisions of Title 10, section 159, VIC, he shall, within 72 hours from receipt of such written complaint: (1) set a date for a hearing on the matters alleged in the written complaint; (2) serve on the person or entity charged in such written complaint, by registered or certified mail, a copy of such written complaint along with a written notice specifying the date, time and location of the hearing; (3) serve on the blind person submitting the written complaint, by registered or certified mail, a written notice specifying the date, time and location of the hearing; and (4) commence an investigation of the matters alleged in the written complaint; provided, that the date set by the Commissioner for any hearing shall be no earlier than 10 days and no later than 30 days from the date of receipt of the written complaint by the Commissioner. (b) Any person or entity charged in a written complaint may file with the Commissioner in person or by registered or certified mail a written answer, under oath, to the complaint and the Commissioner shall furnish a copy of such written answer to the person filing the complaint. (c) The Commissioner shall conduct a hearing on the date, and at the time and location, specified in the written notice provided for in subsection (a) of this section. The person or a representative of an entity charged in the written complaint shall have the right to appear at the hearing with or without counsel, may examine and cross-examine witnesses and the person submitting the written complaint and may offer evidence. The person submitting the written complaint may intervene, examine and cross-examine witnesses and present evidence. In the discretion of the Commissioner, any party in interest may intervene, examine and cross-examine witnesses and present evidence. (d) Following the completion of a hearing pursuant to subsection (c) of this section, the Commissioner shall state his findings of fact and conclusions of law and shall, if he determines that a violation of the type specified in Title 10, section 159, VIC, has occurred, issue an order requiring the person or entity charged in the written complaint to cease and desist and issue such appropriate orders as in the judgment of the Commissioner will carry out the purposes of Title 10, chapter 9, VIC. (e) Any person who willfully violates an order of the Commissioner issued pursuant to the provisions of subsection (d) of this section, shall be guilty of a misdemeanor, and shall be punishable by a fine of not less than $500 and not more than $1,000 or by imprisonment for not more than sixty days, or both. (f) In carrying out the provisions of this section, the Commissioner shall have the authority to issue subpoenas for the attendance and testimony of witnesses or the production of written or other matter. (g) The Commissioner shall have the authority to issue any rules and regulations necessary to carry out the provisions of this section. (h) Any person, upon the failure of the Commissioner to act on any written complaint within the time limits prescribed in this section, may bring an action as provided in Title 10, section 158, subsection (b), VIC. History: Added June 24, 1987, No. 5265, § 201, Sess. L. 1987, p. 22.

Any reference in this Code, other than for historical purposes, to the Department of Social Welfare, the Office of Community Services, the Virgin Islands Community Action Agency, the Youth Services Administration, the Commission on Youth, the Commission on Aging, the Board of Social Welfare, the Commission on the Handicapped or the Developmental Disabilities Council, which department, commission, board, agency or council existed prior to the date of enactment of the act establishing this Department, or any reference in this Code to the Commissioner of Social Welfare or the heads of said commissions, board, agencies and council shall be deemed to refer and apply to the Department of Human Services and the Commissioner of Human Services, respectively. History: Added June 24, 1987, No. 5265, § 201, Sess. L. 1987, p. 22.

As used in this chapter, unless it is otherwise provided or the context requires a different construction, application, or meaning- "appointing authority" means the Governor or any other officer or person having the authority to make appointments in the Government Service; "Board" means The Public Employees Relations Board, a separate independent board of the Government of the Virgin Islands; "class" or "class of positions" means a group of positions in the classified service sufficiently alike in duties, authority, and responsibilities that the same qualifications may be reasonably required for, and the same schedule of pay can be equitably applied to, all positions in the group; "Commission" means the Government Employees Service Commission, within the office of the Governor; "department head" means the Commissioner at the head of any executive department of the Government; "eligible" means a person whose name is on a list as defined in this section; "employment list" means a list of persons who have been found qualified by an entrance test for appointment to a position in a particular class; "entrance test" means a test for position in a particular class, admission to which is not limited to regular employees in the classified service; "Government" or "Government Service" means the Government of the United States Virgin Islands, including governmental activities administered by boards, commissions, and authorities; "list" means an employment list, a promotion list, or a reemployment list; "promotion list" means a list of persons who have been found qualified by a promotion test for appointment to a position in a particular class; "promotion test" means a test for positions in a particular class, admission to which is limited to regular employees in the classified service; "public hearing" means a hearing after public notice at which any person may have reasonable opportunity to be heard; "reemployment list" means a list of persons who have been regular employees and who are entitled to have their names certified for appointments to certain positions in the classified service; and "regular employee" means an employee who has been appointed to a position in the classified service in accordance with this chapter after completing his working test period. History: Amended Apr. 22, 1960, No. 539, § 1, Sess. L. 1960, p. 43; Feb. 27, 1962, No. 819, § 2, Sess. L. 1962, p. 50; Sept. 2, 1994, No. 6010, § 1(d), Sess. L. 1994, p. 164.

(a) The Government Service includes the career service and the positions exempted from the career service. (b) The exempt positions are those of- (1) department heads, Assistant Commissioners and Deputy Commissioners and members of boards, commissions or other bodies appointed by the Governor; (2) members and the staff of the Legislature, officers elected by popular vote, and persons appointed to fill vacancies in elective offices; (3) Judges of the Municipal Courts and employees of the Judicial Branch; (4) patients and inmates employed in government institutions; (5) Casual labor hired on an hourly basis for not more than 40 hours in any one quarter and as specifically authorized by law; part-time labor for less than 20 hours per week for not more than six- months; trainees for not more than one six-month period; and persons employed for less than six months in professional, scientific or other similar capacity on temporary projects, inquiries, investigations or examinations; (6) employees located outside the Virgin Islands; (7) employees of the- (i) University of the Virgin Islands; (ii) Virgin Islands Water and Power Authority; and (iii) Virgin Islands Port Authority; and (8) an officer or employee in a position of a policy-determining nature when the position is so designated by the Governor and submitted to the Legislature; and an employee who is a special assistant, or who is on special assignment to, or whose position requires a confidential relationship with a policy-making official when the position is so designated by the Governor and submitted to the Legislature. (c) All positions in the Executive Branch of the United States Virgin Islands Government not exempted under subsection (b) of this section shall be in the career service. (d) The terms "career service" and "exempt service" are intended to be synonymous with the terms "classified service" and "unclassified service", respectively, as heretofore used in this Code. History: Amended July 9, 1968, No. 2273, § 1, Sess. L. 1968, Pt. II, p. 201; renumbered and amended July 18, 1968, No. 2311, § 1, Sess. L. 1968, Pt. II, p. 271, Oct. 4, 1968, No. 2341, § 1, Sess. L. 1968, Pt. II, p. 333; Feb. 11, 1969, No. 2404, § 5, Sess. L. 1969, p. 44; July 24, 1984, No. 4971, § 1(a), (b), Sess. L. 1984, p. 209; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249; Aug. 26, 1994, No. 6007, § 7(f)(2), Sess. L. 1994, p. 156; May 19, 2000, No. 6348, § 1(a), Sess. L. 2000, p. 22.

(a) The Government of the Virgin Islands may hire federal employees pursuant to the Intergovernmental Personnel Act (IPA) Mobility Program, codified at 5 U.S.C. §3371 through § 3376. The Government shall execute a written agreement with the federal agency and the assigned employee, recording the obligations and responsibilities of the parties to the assignment. The federal employee shall retain all federal benefits and may not participate in the Government of the Virgin Islands Employees Retirement System or health care benefits under the Virgin Islands law. (b) The Government shall bear the cost of any such temporary assignment as agreed upon under terms of the IPA agreement. (c) Salaries of the Virgin Islands Inspector General, the Deputy Virgin Islands Inspector General, and the Adjutant General of Virgin Islands as provided in title 3 Virgin Islands Code, section 1201(c) and 23 Virgin Islands Code, section 1508(a), respectively, may not be tied to the salaries of temporarily assigned federal employees under the IPA program. History: Added Mar. 17, 2016, No. 7836, § 1, Sess. L. 2016, p. 2, 3.

(a) The Director of Personnel shall be appointed by the Governor, with the advice and consent of the Legislature, and shall hold office during the continuance in Office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. The Director shall receive a salary equal to the lowest annual compensation of the officers itemized in Title 3, section 29, subsection (b), items 1-7, Virgin Islands Code. (b) The Director of Personnel under the general supervision of the Governor shall administer the provisions of this chapter and, in accordance with such provisions and in addition to other duties imposed upon him by this chapter, shall- (1) establish and maintain a system of personnel administration based on merit principles and scientific methods governing the appointment, promotion, transfer, layoff, removal and discipline of the officers and employees of the Government, and other incidents of government employment; (2) prescribe such rules and regulations for the admission of persons into the civil service of the government of the United States Virgin Islands as will best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks entrance; (3) conduct inquiries, and prescribe duties, and establish rules and regulations for the conduct of persons who receive appointment; (4) establish and maintain a roster of all employees in the Government Service, in which there shall be set forth, as to each employee, the class title of the position held; the compensation; any change in class title, pay or status; and any other necessary data, including the enrollment of employees in the Group Health Insurance Program; (5) conduct investigations necessary to determine the operation and effect of the provisions of this chapter, and report his findings to the Governor and the Legislature; and (6) establish and amend, from time to time, a fee schedule for various administrative, technical and other services provided by the Division of Personnel; and (7) issue rules and regulations, subject to the approval of the Governor, necessary for the proper administration of the provisions of this chapter and of all functions under such provisions. (c) Whenever the Director of Personnel desires to amend any of the rules and regulations issued under paragraph (6) of subsection (b) of this section for the purpose of carrying out the provisions of this chapter, he shall hold a public hearing and shall consider such suggestions for modification or other changes as may be presented at the hearing. The rules and regulations or amendments shall then be submitted to the Governor who may approve or reject the recommendations of the Director of Personnel wholly or in part or modify them and approve them as so modified. (d) The Director of Personnel or his authorized representative may administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to investigations or hearings authorized by this chapter. (e) The Director of the Division of Personnel shall develop and implement Fair-Chance hiring policy pursuant to 24 V.I.C. § 465 et seq. that considers existing policies, including the use of background checks. History: Amended Feb. 27, 1962, No. 819, § 3, Sess. L. 1962, p. 51; Feb. 12, 1969, No. 2437, § 1, Sess. L. 1969, p. 89; Oct. 14, 1986, No. 5206, § 104(d), Sess. L. 1986, p. 233; Feb. 1, 2001, No. 6388, § 12, Sess. L. 2000, p. 397; amended Jan. 20, 2024, No. 8793, § 2, Sess. L. 2023, p. 187; amended June 24, 2024, No. 8838, § 2, Sess. L. 2024, p. -.

The Director of Personnel is authorized and directed to develop a program for the employment of senior citizens, which program shall be subject to the approval of the Governor. The program may include part- time employment with departments, agencies, or instrumentalities of the Government of the Virgin Islands, compensation at per diem rates and in a manner which will be consonant with continued eligibility for benefits under the Social Security System of the United States, as well as under the Employees' Retirement System. History: Mar. 29, 1965, No. 1393, Sess. L. 1965, Pt. I, p. 131.

The rules adopted under section 452 of this title shall have the force and effect of law, and among things they shall provide for- (1) the method of administering the classification plan and the pay plan; (2) the establishment, maintenance, consolidation, and cancellation of lists; (3) reinstatements, transfers, suspensions, demotions, and layoffs; and (4) hours of work, attendance regulations, and leaves of absence for employees in the classified service. Such rules may include any provisions relating to governmental employment not inconsistent with law, which are necessary or appropriate to give effect to the provisions and purposes of this chapter.

The powers conferred upon the Director of Personnel by sections 452 and 453 of this title shall be subject to the provisions of this chapter and of the rules referred to in such sections, and may be exercised by regulations or orders as the Director of Personnel deems appropriate. His powers and duties shall not be limited or restricted by the authorization to adopt rules except to the extent that rules are adopted under such sections. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52.

The Director of Personnel may select officers or employees in the Government Service to act as examiners in the preparation and rating of tests. A department head shall excuse any employee in his department from his regular duties for the time required for his work as an examiner. Officers and employees shall not be entitled to extra pay for their work as examiners but shall be entitled to reimbursement for necessary traveling and other expenses. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52.

Notwithstanding any rule concerning confidentiality, a government employee is entitled to inspect his or her personnel file to the extent permitted under chapter 16 of Title 24 or to the extent permitted by a collective bargaining agreement between the government and the bargaining unit of which the employee is a member. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; July 30, 1984, No. 4979, § 2, Sess. L. 1984, p. 219.

This chapter shall be subject to the provisions of section 96(a)(6) of this title, and chapter 11 of Title 17. History: Added May 16, 1957, No. 160, § 15, Sess. L. 1957, p. 25.

The Commission shall meet at such times and places as its chairman specifies at least once every two months, or as specified by call of the Director of Personnel. Three members of the Commission shall constitute a quorum for the transaction of business. History: Amended May 16, 1957, No. 160, § 16, Sess. L. 1957, p. 25; Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; Mar. 14, 1973, No. 3429, § 2, Sess. L. 1973, p. 82.

In addition to the powers and duties imposed upon it elsewhere in this chapter, the Commission- (1) shall represent the public interest in the improvement of personnel administration in the Government Service; (2) shall advise the Director of Personnel and the Governor on problems concerning personnel administration; (3) shall advise and assist the Director of Personnel in fostering the interest of civil, professional and employee organizations in the improvement of personnel standards in the Government Service; (4) shall make such reports and recommendations as it considers desirable to the Director of Personnel, for submission to the Governor, regarding personnel administration in the Government Service and recommendations for improvement therein; and (5) may, when the Attorney General determines that representation of the Commission by him would constitute a conflict in representation, retain the services of private legal counsel to advise and represent the Commission in administrative hearings and before the courts of the Virgin Islands. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; Mar. 14, 1973, No. 3429, § 3, Sess. L. 1973, p. 83.

The Commission, and each member of the Commission, may administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to investigations or hearings authorized by this chapter.

(a) The position classification system established by this subchapter is applicable to all positions in the Executive Branch of the Virgin Islands Government except as provided in subsection (b) of this section. (b) The position classification system is not applicable to- (1) a position whose salary is fixed by, or determined pursuant to, an Act of Congress; (2) a position for which no compensation is paid or one paid on a daily basis when actually employed at a rate fixed by law; (3) the President and staff of the University of the Virgin Islands; (4) The staff of the Virgin Islands Urban Renewal Board; (5) the staff of the Virgin Islands Housing Authority; (6) the staff of the Virgin Islands Water and Power Authority; (7) the staff of the Virgin Islands Airport and Industrial Resources Agency through December 31, 1968; (8) the staff of the Youth and Child Health Welfare Project, Department of Health, through December 31, 1968; and (9) the staff of the Office of the Virgin Islands Inspector General. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; July 9, 1968, No. 2273, § 1, Sess. L. 1968, Pt. II, p. 201; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249; June 16, 2007, No. 6927, § 2, Sess. L. 2007, p. 42.

The position classification system established by this subchapter is applicable to all classified positions in the Government of the Virgin Islands of government annuitants who reenter government service pursuant to chapter 27 or 28A of this title, under the conditions established in subsections (a) through (d). (a) The Director of Personnel for the central government or the respective agency head for non-central government entities shall approve every participant through the Notice of Personnel Action process (NOPA). (b) Employees under this classification shall earn four hours of annual leave and four hours of sick leave each pay period. (c) The Division of Personnel for the central government or the respective agency head for non-central government entities shall notify the Government Employees Retirement System of each hire made under section 706(d) or section 755(d) of this title. Where appropriate, the Division of Personnel or the respective agency head shall notify the appropriate union of the intent to fill unionized positions through this classification. (d) Upon separation from government employment under the reentry provisions of section 706(d) or section 755(d) of this title, the employee is not entitled to any lump sum payment for any accumulated annual leave. History: Added Apr. 11, 2022, No. 8560, § 3, Sess. L. 2022, p. 130, 131.

(a) Within the Position Classification System, positions shall be classified in one of the three subsystems provided in subsections (b), (c), and (d) of this section. (b) There shall be a Craft and Labor Position Classification Subsystem (hereafter called the Craft and Labor System) which shall cover all positions in recognized trades or crafts, or other skilled mechanical crafts, or in unskilled, or skilled manual labor occupations, and other employees including foreman and supervisors in positions having trade, craft, or laboring experience and knowledge as the paramount requirement. The Craft and Labor System is divided into 17 grades, from 1 to 17, of increasing responsibility and difficulty. (c) There shall be an Education Position Classification Subsystem (hereafter called the Education System) which shall cover nonsupervisory, supervisory, and administrative positions in the professional education, guidance, and library services of the Department of Education, but not including top management positions. The Education System is divided into the grades and additional pay categories shown in section 494 of this chapter. (d) There shall be a General Position Classification Subsystem (hereafter called the General System) which shall cover all positions to which this subchapter is applicable which do not come under subsections (b) and (c) of this section. The General System is divided into 27 grades, from 6 to 32, of increasing responsibility and difficulty. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; amended July 9, 1968, No. 2273, § 1, Sess. L. 1968, Pt. II, p. 201.

(a) Positions determined by the Director of Personnel to be under the Education System shall be placed in appropriate grades of that schedule in accordance with the following provisions: Grade 1-In this grade shall be placed a position occupied by a person who has graduated from high school but has less than 30 semester units of college work or its equivalent. Grade 2-In this grade shall be placed a position occupied by a person who has graduated from high school and has 30 but less than 60 semester hours of college work or its equivalent in quarter units. Grade 3-In this grade shall be placed a position occupied by a person who has graduated from high school and has 60 but less than 90 semester hours of college work or its equivalent in quarter units. Grade 4-In this grade shall be placed a position occupied by a person who has graduated from high school and has 90 but less than 120 semester hours of college work or its equivalent in quarter units. Grade 5-In this grade shall be placed a position occupied by (1) a person who has graduated from college with a bachelor's degree; (2) a person without a college degree who, as of July 1, 1968, has completed at least 15 years of service in the public schools of the Virgin Islands; (3) a person serving as a Trade and Industry vocational teacher who has had three years of experience at the journeyman level; and (4) a person serving as an instructor in practical nursing. Grade 6-In this grade shall be placed the position occupied by (1) a person who has graduated from college with a master's degree, and (2) a person serving as a Trade and Industry vocational teacher who has three years of experience at the journeyman's level and who has graduated from college with a bachelor's degree in a related field. Grade 7-In this grade shall be placed the position of a person who has graduated from a university with a doctor's degree. (b) Supervisory and administrative positions in the professional education, guidance, and library services of the Department of Education shall be classified according to function and difficulty under common titles and the incumbents shall receive the pay differentials set forth in subchapter V of this chapter for such positions. The Director of Personnel after consideration of the views of the Commissioner of Education shall make final determinations with respect to the classification of these positions for pay differential purposes. (c) The Director of Personnel may, upon the recommendation of the Commissioner of Education, place administrative and professional employees, excluding teachers and principals, in either the General Schedule or the Education Schedule and may transfer such employees from one schedule to the other. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; July 9, 1968, No. 2273, § 1, Sess. L. 1968, Pt. II, p. 201.

(a) The Director of Personnel shall determine the assignment of a position to the Craft and Labor System or to the General System. (b) Within the appropriate system, each position shall be assigned to the appropriate grade, based upon comparison of relative experience and training requirements, working conditions, administrative changes in processes and decision-making authority which affect the level of work complexity or responsibility. (c) The Governor, after consideration of the views of the Director of Personnel, may allocate positions in Grades 32 through 35 of the General System. The Director of Personnel, after consideration of the views of the Department head concerned, shall allocate all other positions in the Craft and Labor and General Systems. He may, after issuance of suitable classification specifications, allocation principles, and techniques, and other guides, delegate to the head of any department authority to allocate additional identical positions in Grades 6 through 20 of the General System and 1 through 8 of Craft and Labor System, when he is assured that the head of the department has the assistance of personnel adequately trained in allocation principles and techniques. He may withdraw this delegation at his discretion. (d) The Director of Personnel is directed to establish and maintain on a current basis classification specifications following the principles in sections 491 and 495(b) of this chapter, and these specifications shall serve as guides in allocating individual positions in their proper grades under section 495(c) of this chapter. (e) The Director of Personnel, under the direction of the Governor, is authorized and directed to administer the classification system, review it from time to time, keep classification specifications current, initiate allocations, take prompt action on allocations recommended by the departments, inspect the use of delegated authority, recommend to the Governor necessary changes in policy, rules, or legislation, and take such other action as may be necessary to maintain a position classification system which will assure the Government of the United States Virgin Islands of an active and effective management tool which meets those objectives set forth in section 491 of this chapter. (f) Upon receipt by the Director of Personnel of a reallocation recommendation from a department head, a desk audit on the skills, duties, authority or responsibilities shall be performed and completed within thirty (30) days. The results of the desk audit shall be reviewed by the Director of Personnel and if he believes the reallocation is warranted he shall forward his recommendations to the Director of the Office of Management and Budget and the Chairman of the Finance Committee. Unless disapproved by either the Director of the Office of Management and Budget or the Finance Committee within sixty (60) days, the reallocation shall become effective as of the date of approval by the Director of Personnel. History: Amended Feb. 27, 1962, No. 819, § 5, Sess. L. 1962, p. 52; July 9, 1968, No. 2273, § 1, Sess. L. 1968, Pt. II, p. 201; May 15, 1970, No. 2718, § 8, Sess. L. 1970, p. 120; Jan. 26, 1978, No. 4086, Sess. L. 1978, p. 9.

(a) Any employee affected by the classification or allocation of a position shall file with the Director of Personnel a written request for review of such classification or allocation, within thirty (30) days thereafter and shall be given a reasonable opportunity to be heard thereon. The Director of Personnel shall make a prompt review and notify the employee in writing of his decision. (b) Any employee who, after appealing to the Director of Personnel or his duly authorized representative for an adjustment of his classification or allocation, continues to be dissatisfied therewith, may appeal to the Governor within 10 days after the decision of the Director of Personnel. The Governor shall refer the appeal to the Public Employees Relations Board, which shall conduct a hearing on such appeal within 30 days after the filing of the appeal, at which the employee may be present, and shall make a recommendation in the matter within 10 days after the close of the hearing. In its recommendation, the Board may grant or deny the request of the appellant, or allocate his position to a higher classification or pay grade. All recommendations of the Board in such appeals shall be submitted to the Governor for final decision, which shall be made within 30 days. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; July 9, 1968, No. 2273, § 1, Sess. L. 1968, Pt. II, p. 201; Sept. 2, 1994, No. 6010, § 1(e), Sess. L. 1994, p. 164.

In cooperation with the department heads, the Director of Personnel shall establish, and shall from time to time amend, standards of performance for employees in each class of positions subject to the position classification system provided in this subchapter, and shall establish a system of service ratings based upon such standards. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; July 9, 1968, No. 2273, § 1, Sess. L. 1968, Pt. II, p. 201.

History: Repealed. May 19, 2000, No. 6348, § 1, Sess. L. 2000, p. 22.

Except as otherwise specified in this chapter, all appointments and promotions to positions in the classified service shall be made on the basis of merit and fitness, to be ascertained by competitive examinations.

Employees; Former Employees In Unclassified Service (a) The Director of Personnel shall from time to time conduct such entrance tests and promotion tests as he considers necessary for the purpose of establishing employment lists and promotion lists. The tests shall be competitive and shall be of such character as to determine the relative fitness and ability of the person tested to perform the duties of the class of positions for which a list is to be established, except that with the approval of the Governor a noncompetitive test may be given to an employee for a promotion on the basis of special qualifications of the employee or special or unusual requirements of the service. Tests may be written, oral, physical or in the form of a demonstration of skill, or any combination of such tests. The tests may take into consideration such factors including education, experience, aptitude, capacity, knowledge, ability, character, physical fitness, and other qualifications, as in the judgment of the Director of Personnel enter into the determination of the relative fitness of the applicant. No part of the examination shall be so framed as to solicit information concerning the political or religious opinions or affiliations of an applicant. (b) Upon recommendation of a department head concerned an employee in a department or agency of the Federal Government (1) who enters the service of the Government of the Virgin Islands in a position involving identical or essentially similar duties in the classified service, as a result of the transfer to or assumption by the said Government of the Virgin Islands of the functions theretofore performed by the Federal department or agency, or (2) whose immediately preceding employment was in the Federal service and enters the service of the Government of the Virgin Islands in a position involving identical or essentially similar duties, may acquire classified service status without competitive examination; Provided, That the Director shall in such case prescribe an appropriate noncompetitive examination. (c) The Director of Personnel shall from time to time, and after consultation with department heads, ascertain the duties and responsibilities of positions in the unclassified service (other than Commissioners, Assistant Commissioners and Deputy Commissioners), and subject to the approval of the Governor- (1) cause such positions to be covered into classes of positions within the classified service which require the performance of duties which are identical or so substantially similar in respect to authority, responsibilities and character of work performed and in respect to the requirements of education, experience, capacity, knowledge and skill demanded of incumbents for the proper performance of their duties, that the same test of fitness may be used in choosing qualified appointees and a like schedule of compensation can be made to apply with equity under substantially the same working conditions; or (2) where there are no existing classes of positions within the classified service which are identical or substantially similar, then, group such unclassified positions into new classes in accordance with the criteria set forth in subparagraph (1), above, and cause the same to be covered into the classified service; (3) establish within the classified service appropriate subclassification for positions which by their nature involve such policy making professional or specialized functions as to warrant noncompetitive examinations. (d) An employee who is affected by the above subsection (c) of this section must serve a period of one year before acquiring permanent status in the position, provided that any time which such employee served in a satisfactory status in the unclassified service before transfer to the classified service shall be credited to the one year probationary period. However, upon recommendation of the head of the agency, if the employee had held permanent classified service status in a position involving identical or essentially similar duties immediately prior to accepting the unclassified service appointment, such one year period shall be waived and the incumbent given permanent status. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; Aug. 3, 1962, No. 915, Sess. L. 1962, p. 239; Feb. 24, 1964, No. 1092, Sess. L. 1964, p. 33; July 7, 1967, No. 2013, § 1, Sess. L. 1967, p. 373; July 9, 1968, No. 2273, § 2, Sess. L. 1968, Pt. II, p. 206.

(a) Admission to tests shall be open to all persons who are desirous of taking the examination in accordance with specified regulations issued by the Director of Personnel with the approval of the Governor. The Director of Personnel may, however, reject the application of any person for admission to a test or may remove the name of any person from a list or refuse to certify the name of any person from a list for a position if he finds that such person lacks any of the required qualifications. The Director of Personnel may also reject any applicant who is found physically unfit to perform effectively the duties of the position in which he seeks employment, or is addicted to the habitual excessive use of drugs or intoxicating liquor, or has been convicted of a crime or guilty of any notoriously disgraceful conduct, or has been dismissed from the public service or has made a false statement of material fact or practiced or attempted to practice any fraud or deception in his application or test or in attempting to secure appointment. (b) Any person refused admission to any test because of prejudice may appeal to the Board. Upon certification by the Board that such person possesses the necessary qualifications, the Board shall order that he be permitted to take a test. If, as the result of such test, the applicant is found to be eligible, the Board shall have his name placed on the list. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; Sept. 2, 1994, No. 6010, § 1(f), Sess. L. 1994, p. 164.

of Errors The rating of each test shall be completed and the resulting list established not later than thirty days after the date on which the test was held, unless such time is extended by the Director of Personnel for reasons which he shall record in the official records of his office. Each person competing in any test shall be given written notice of his final earned rating and of his relative standing on the list, or of his failure to attain a place on the list. Each person competing in a test shall, in accordance with regulations adopted by the Director of Personnel be entitled to inspect his ratings and test papers. A manifest error in rating a test shall be corrected if called to the attention of the Director of Personnel within one month after the establishment of the list, but such correction shall not invalidate any appointment previously made from such a list. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52.

Any employee or agent of the Government of the United States Virgin Islands who willfully removes or causes to be removed any item or items from an employee's personnel file for the express purpose of denying or withholding such item or items from an employee shall be dismissed from the Government Service. History: Added July 30, 1984, No. 4979, § 3, Sess. L. 1984, p. 219.

(a) For the purposes of this section "Veteran" means a person who served in the active military service of the United States, and who was discharged or released therefrom under conditions other than dishonorable (b) For the purposes of this section "disabled veteran" means a veteran with a service-connected disability and currently rated 10 percent or more disabled by a Veterans' Administration disability board (c) Every veteran shall be entitled to have added to his final earned rating 10 points of his total score on any test for an initial appointment, which new score shall then become the new final rating and be listed accordingly. Every disabled veteran capable of physically performing the functions of the position which he is seeking shall be entitled to have added to his final earned rating 15 points of his total score on any test for any initial appointment, which new score shall then become the final rating and be listed accordingly. The widow or spouse of a disabled veteran shall be entitled to the same benefit granted to disabled veterans under this subsection. History: Amended June 12, 1961, No. 725, Sess. L. 1961, p. 77; Mar. 29, 1965, No. 1389, Sess. L. 1965, Pt. I, p. 127; July 18, 1968, No. 2311, § 2, Sess. L. 1968, Pt. II, p. 272; Oct. 1, 1970, No. 2829, Sess. L. 1970, p. 324.

Procedure (a) Whenever a department head wishes to fill a vacancy in the classified service, he shall submit to the Director of Personnel a statement showing the position to be filled and the duties of the position. The Director of Personnel shall then certify to the appointing authority the names of no fewer than three eligibles for such position. Upon receiving certification of eligibles, the appointing authority, after consultation with the department head shall appoint one of those whose names are certified to each vacancy he is to fill. Appointments to the classified service shall be effective as and when made by the Governor in accordance with this chapter pursuant to the personnel merit system as incorporated in this chapter. Ranking of eligibles certified; exhaustion, insufficiency, or absence of lists (b) The eligibles certified shall be the highest ranking eligibles willing to accept employment ranked in the following order for certification from employment lists: first, all the eligibles on the appropriate reemployment list, if any; second, those on the appropriate promotion list, if any; third, those on the appropriate employment list. All the names of any list shall be exhausted before any names are certified from any other list, but the names certified may be taken from two or more lists if necessary to make a certification of three eligibles. Names shall be certified from each list in the order of their rank on that list. If appropriate employment lists do not contain the names of a sufficient number of eligibles willing to accept appointment to make possible the certification of at least three names, then less than three names may be certified. All persons of equal rank and eligibility shall have an equal opportunity to be selected for available vacancies. Certification shall be made from the appropriate list, but if no such list exists then the Director of Personnel may certify from such other list as is the next more nearly appropriate list. (c) The highest ranking eligibles certified by the Director of Personnel to an appointing authority from the personnel list who are not selected to fill the vacancy shall be advised in writing by the appointing authority, within 10 days of the filling of the vacancy. Any person aggrieved by the failure to be appointed to a position for which he was certified may appeal such decision to the Government Employees Service Commission for appropriate action provided the appeal is requested within 30 days after receipt of the written reasons for why such person was not appointed. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; Oct. 4, 1968, No. 2341, § 2, Sess. L. 1968, Pt. II, p. 333; Oct. 23, 1980, No. 4498, § 10, Sess. L. 1980, p. 229; Nov. 23, 2004, No. 6717, § 1, Sess. L. 2004, p. 262.

Removals Every person appointed to a position in the classified service from a list shall serve a probational period or working test before being given a status as a regular employee. The probational period shall begin on the effective date of appointment to the position, and shall continue for such time as shall be determined by the rules. Periodically during the working tests period and in such manner as the Director of Personnel requires, the department head concerned shall report to the Director of Personnel his observation of the employee's work, and his judgment as to the ability of the employee to perform satisfactorily the duties of the position. Ten days prior to the completion of the working test period the department head shall notify the Director of Personnel in writing as to whether or not the employee should be continued in the position. If at any time during the probational period the department head reports that the employee is unable or unwilling to perform satisfactorily the duties of the position, the Director of Personnel may recommend to the appointing authority the removal of such employee. Such recommendation and the reason for it shall be entered in the records of the Office of the Director of Personnel. The Director of Personnel may recommend the removal of an employee during his probational period if he finds, after giving the employee notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52.

Provisional Or Emergency Employees Whenever a department head desires to fill a vacancy in the classified service, and the Director of Personnel cannot certify eligibles for such vacancy because there is not an appropriate list or because there is not a sufficient number of persons on the appropriate list who are willing to accept appointment, the Director of Personnel shall promptly report this fact to the appointing authority. The appointing authority may then fill the vacancy by making a provisional appointment of any person qualified to perform the duties of the position. A provisional appointee shall hold position only until an appropriate list has been established and the required certification can be made. No provisional appointment shall last more than six months. Provided, that any provisional or emergency employee shall, upon the completion of 60 days' service as such, be entitled to a departmental work evaluation by the department head or his designee. If the said evaluation shows that the work performance of such employee has been fully satisfactory, the department head, with the approval of the Governor, may certify such provisional or emergency employee to the appointing officer for permanent appointment, subject to the provisions of section 527 of this title. History: Amended May 16, 1957, No. 160, § 18, Sess. L. 1957, p. 25; May 15, 1961, No. 685, § 1, Sess. L. 1961, p. 38; Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; Nov. 23, 2004, No. 6717, § 2, Sess. L. 2004, p. 262.

Transition appointments shall be made from the highest ranking eligibles on an appropriate register or list kept for such appointments and may be made to provide personnel for specified local programs or federally-funded programs designed to be of more than six months but less than two year duration. Individuals appointed to transition positions are eligible for all benefits of permanent employment except that they shall not acquire tenure beyond the life of the project for which they were appointed. History: Added Oct. 23, 1980, No. 4498, § 31, Sess. L. 1980, p. 233.

(a) Temporary appointments. (1) (A) "Temporary appointment" means an appointment of an employee made to a position for a specified timeframe not to exceed a period of one year. (B) Temporary appointments must be filled utilizing certification and appointment procedures which are the same as if the appointment is permanent. (2) In the event that a temporary appointment is made to work on a special project or to fill in for an employee who is out on long term leave and it is necessary to extend the leave to ensure the efficient continuation of government services, the temporary appointment may be extended, but in no case may the extension last for a period in excess of one additional year. (3) Individuals appointed to full-time temporary appointments are eligible for all benefits of permanent employment except they shall not acquire tenure beyond the life of the project for which they were appointed. (4) Every temporary employee, upon completion of 60 days of service, must receive a departmental work evaluation by the employee's respective department head or the department head's designee then at regular scheduled intervals thereafter until the expiration of the appointment. If such evaluation shows that the work performance of the employee has been satisfactory or better in all categories, the department head may certify the temporary employee to the appointing officer for permanent appointment, subject to the provisions of § 527 of this chapter. (b) Federally funded appointments. (1) (A) A federally funded appointment is defined as an appointment of an employee to a position which is dependent on the availability of federal funds. (B) Such appointments must be filled utilizing certification and appointment procedures which are the same as if the appointment is permanent. (2) Individuals appointed to fulltime federally funded appointments are eligible for all benefits of permanent employment except they do not acquire tenure beyond the life of the project for which they were appointed or beyond the availability of federal funds, whichever is first. (3) A federally funded appointment is not restricted to any negotiated unionized salary scale. History: Added Nov. 25, 2009, No. 7131, § 1, Sess. L. 2009, pp. 241-243.

Restrictions When an emergency makes it impossible to fill a position in the classified service under any other provision of this chapter the appointing authority may appoint any qualified person to such position in order to prevent stoppage of public business or loss or serious inconvenience to the public. Any such person shall be employed only during the emergency and for a period not exceeding 60 days in any twelve-month period. A vacancy of which the department head concerned has had a reasonable notice, or an employment condition of which he has, or might with due diligence have had, previous knowledge, shall not be considered an emergency under this section. History: Amended Apr. 22, 1960, No. 539, § 2, Sess. L. 1960, p. 43; May 15, 1961, No. 685, § 2, Sess. L. 1961, p. 38.

(a) (1) Notwithstanding any other provision of law, in any case after January 1, 1977, before a head officer of an executive department, agency or instrumentality of the Government dismisses, demotes or suspends a regular employee of a department, agency or instrumentality of the Government, the head officer shall furnish the employee with a written statement of the charges against the employee. The employee shall have ten days following the date of receipt of the statement of charges to appeal the proposed action to the Public Employees Relations Board. The appeal must be in writing, and the Board must provide a copy to the head officer and the Attorney General. (2) As used in this section: (A) "head officer" means the Commissioner of an executive branch department, the director of an executive branch agency or instrumentality or the director, executive director, chief executive officer, president or other titular head of an instrumentality of the Government of the Virgin Islands. (B) Instrumentality of the Government includes (i) the Virgin Islands Water and Power Authority; (ii) the Virgin Islands Port Authority; (iii) the Waste Management Authority; (iv) the Magens Bay Authority; (v) the Virgin Islands Housing Authority; (vi) the University of the Virgin Islands; (vii) the Virgin Islands Public Broadcasting Systems; (viii) the Government Employees Retirement System; (ix) a hospital under the jurisdiction of the Virgin Islands Hospitals and Health Facilities Corporation; and (x) Any other entity established within the executive branch whose staff includes regular employees. (C) "Regular employee" means an employee who: (i) has been appointed to a position in the classified or career service or served in a temporary position for more than two years in a department or agency of the executive branch or in an instrumentality, as defined in subparagraph (B) of this subsection or and (ii) who is not on contract, is not on probation, and therefore subject to dismissal, demotion or suspension, only for cause. (b) The Public Employees Relations Board shall meet within 30 days after the filing of the appeal and afford the department head and the employee an opportunity to be heard. The department head and the employee shall be entitled to call witnesses and to be represented by counsel. The hearing, including continuances thereof, shall in no event extend beyond 60 days. Notice of the hearing shall be served on the department head, employee and the Attorney General at least 10 days before the hearing. The Board shall render its decision within 14 days after the termination of the hearing. The Board's decision shall be final. In the event the Board fails to meet or render its decision within the time or in the manner prescribed herein, the employee shall be reinstated, with full pay, to the date of his original dismissal or suspension. (c) The Board may sustain or reverse the decision of the department head or may reduce the penalty recommended by the department head from dismissal or demotion to suspension for a period not to exceed 90 days, or from suspension to a lesser period of suspension if the Board finds such action to be warranted and in the public interest. (d) The department head, upon receiving the decision of the Public Employees Relations Board, shall forward all pertinent papers to the Director of Personnel for preparation of personnel documents in accordance with the decision of the Board. (e) If the Board orders restoration to duty and pay, and if it does not order suspension, the employee shall receive full compensation for any period for which he did not receive compensation pending hearing of the appeal. In addition, if the Board finds that such dismissal, demotion or suspension was ordered by the department head arbitrarily, unjustly, and without reasonable cause, and the employee was represented by counsel, it shall enter an order awarding a reasonable attorney fee to the employee. Such award shall be satisfied by legislative appropriation therefor. Any award of attorney's fees to an employee of an independent instrumentality shall be satisfied by the respective instrumentality. (f) If the employee does not appeal to the Public Employees Relations Board within the time herein prescribed, the department head shall forward his recommendation to the Governor for final action. (g) Every police officer, firefighter or corrections officer shall be automatically and honorably separated from the government service, by reason of age, after such employee attains the age of 65 years; provided, however, that any policeman, fireman, or prison guard may be continued in the government service if such employee applies for, obtains, and submits to the Director of Personnel, an annual certification by the Commissioner of Health that such employee is physically and mentally able to continue in the position after the employee attains the age of 55. (h) No employee or applicant for employment, other than the employees or applicants for the positions identified in subsection (g) of this section, or any other person elected to public office by the qualified voters, or any person chosen by such officer to be on such officer's personal staff, or an appointee on a policy making level or an immediate supervisor, who is at least 40 years of age, can be refused employment, discharged or otherwise discriminated against with respect to his compensation, terms, conditions, or privileges of employment because of such individual's age, unless there exists a bona fide occupational qualification reasonably necessary to the normal functions of the position held by such individual in which such individual is deficient. History: Amended Feb. 27, 1962, No. 819, § 6, Sess. L. 1962, p. 50; Mar. 14, 1967, No. 1875, § 4, Sess. L. 1967, pp. 43, 44; May 22, 1967, No. 1987, § 8, Sess. L. 1967, p. 261; Mar. 14, 1973, No. 3429, § 4, Sess. L. 1973, p. 83; Nov. 26, 1973, No. 3501, § 1, Sess. L. 1973, p. 291; Apr. 14, 1977, No. 3960, Sess. L. 1977, p. 37; Sept. 17, 1982, No. 4741, § 16, Sess. L. 1982, p. 149; Mar. 24, 1983, No. 4791, §§ 1, 2, Sess. L. 1983, p. 19; July 24, 1984, No. 4971, § 2, Sess. L. 1984, p. 209; Sept. 2, 1994, No. 6010, § 1(g), Sess. L. 1994, p. 164; Dec. 30, 1994, No. 6064, § 23, Sess. L. 1994, p. 320; May 14, 1999, No. 6279, § 4, Sess. L. 1999, p. 15; Dec. 2, 1999, No. 6325, § 1, Sess. L. 1999, p. 155; Aug. 7, 2001, No. 6425, § 9, Sess. L. 2001, p. 138; Jan. 23, 2004, No. 6637, §§ 1, 2, Sess. L. 2003, p. 204; Nov. 10, 2005, No. 6815, § 1, Sess. L. 2005, p. 484; Jan. 27, 2010, No. 7144, § 1(a)(1)-(3), Sess. L. 2009, pp. 310, 311; amended Jan. 26, 2016, No. 7832, § 10(c), Sess. L. 2015, p. 266; amended Oct. 1, 2021, No. 8517, § 1(1)-(3), Sess. L. 2021, p. 228.

(a) Any party aggrieved by any final order of the PERB issued under section 530 or 531 of this chapter, may appeal to the Superior Court of the Virgin Islands. An application for review must be filed within 30 days after the date of the Final Order and name the PERB as a party respondent. The rules of procedure of the Superior Court regarding a writ of Review shall govern the appeal proceeding. An application not filed in a timely manner shall entitle the prevailing party or PERB to summary judgment enforcing the final order of the PERB. (b) In a review by appeal under this section, all questions of fact determined by the PERB shall be conclusive, if supported by substantial evidence in the record considered as a whole. No objection not made before the PERB shall be considered in a review by the Superior Court, unless the failure to make the objection is excused by the court because of extraordinary circumstances. (c) In reviewing a final order of the PERB, the court may enforce the order, modify the order and enforce it, set the order aside, or return the matter to the PERB with instructions for further proceeding not inconsistent with this chapter. (d) The Supreme Court of the Virgin Islands shall have appellate jurisdiction of any decision of the Superior Court made pursuant to this chapter, unless otherwise provided by law. History: Added July 5, 2002, No. 6533, § 29, Sess. L. 2002, p. 430; amended July 30, 2016, No. 7888, § 12, Sess. L. 2016, p. 113.

(a) No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations or race, age or sex of any applicant, nor shall any inquiry be made concerning such opinions or affiliations, and all disclosure thereof shall be discountenanced. No discriminations shall be exercised, threatened, or promised by any person in the government service against or in favor of any person in recruitment, examination, appointment, training, promotion, retention or any other personnel action, because of political or religious opinions or affiliations or because of race, age or sex, national origin, or any other nonmerit factor. (b) Any applicant or employee who has reason to believe that he has been discriminated against because of religious or political opinions or affiliations or race, age or sex or national origin in any personnel action may appeal to the Board. The appellant and the person responsible for the alleged discriminatory action shall have the right to be heard and to present evidence. If the Board finds that there was discrimination on any of the above nonmerit factors it shall order appropriate corrective action and its decision shall be final. (c) The limitation for filing a claim under this section is 180 days from the date the alleged discriminatory conduct is known by the applicant or the employee. (d) The Government shall promote the prevention of workplace discrimination and inform all applicants and employees of their rights against workplace discrimination, harassment and retaliation. History: Added June 28, 1963, No. 1046, Sess. L. 1963, p. 416; amended Sept. 2, 1994, No. 6010, §§ 1(h), (i), Sess. L. 1994, p. 164; amended Mar. 23, 2016, No. 7854, § 1, Sess. L. 2016, p. 27.

The name of any employee who has been employed within the Government of the United States Virgin Islands for a period of one year or more and dismissed without prejudice shall be placed on a reemployment list. If an employee of any department, board, commission, agency, authority or other instrumentality of the Government is dismissed without prejudice or due to lack of funds for payment of his salary, he shall be immediately eligible to fill any vacancy in the classified service for which he is qualified at the determination of the Director of Personnel and he shall be given first priority on any appropriate reemployment list. Any such employee who is reemployed within two years after dismissal shall retain all accrued sick leave and benefits. History: Amended Feb. 17, 1972, No. 3167, Sess. L. 1972, p. 14.

No person who has been convicted of a crime involving the abuse of any child, as defined by Title 19, chapter 9, of this code, shall hold any position in the government in which he may employ, instruct, counsel or supervise children as defined in Title 19, chapter 9 of this code. History: Added June 28, 1976, No. 3825, § 2, Sess. L. 1976, p. 68.

(a) Notwithstanding any other law, an employee of any department or agency of the executive branch or central staff of the legislative branch of the Government of the United States Virgin Islands shall be allowed to transfer between districts provided he can demonstrate that due to economic hardship he is unable to remain in the district where he is currently employed and there is a similar position available in the requested district. (b) The employee requesting a transfer shall submit a written request for transfer to the department's commissioner, agency's head or to the President of the Legislature, as the case may be, demonstrating such economic hardship. (c) The department's commissioner or agency's head shall submit the request along with his findings and recommendations to the Governor within ten (10) days after the receipt of the request from the employee. (d) The Governor shall forward the request to the Legislature's Committee on Government Operations. However, the President of the Legislature shall forward the request directly to the Committee on Government Operations. If the request is approved by the Committee on Government Operations, the request shall be granted and the employee shall be allowed to transfer. (e) For purposes of this section "economic hardship" includes but is not limited to the unavailability of affordable housing in the district where the employee is employed or where the spouse of the employee resides in another district. History: Added June 18, 1986, No. 5173, § 4, Sess. L. 1986, p. 164.

All peace officers of the Government of the Virgin Islands, as defined under the provisions of Title 5, section 3561 of this code, shall be required to submit to random drug testing. The policy and procedure for testing shall directly reflect, as much as practicable, the federal law and policy of the Drug- Free Workplace Act of 1988. History: Added July 30, 1998, No. 6246, § 10, Sess. L. 1998, p. 392.

This subchapter may be cited and referred to as "The Virgin Islands Public Officials Compensation Commission Act." History: Added May 27, 2016, No. 7878, § 1, Sess. L. 2016, p. 89.

In this subchapter the terms have the meanings unless the context determines otherwise: (a) "Commission" means The Virgin Islands Public Officials Compensation Commission as established in section 542 of this subchapter. (b) "Government" means the three branches of the Government of the Virgin Islands. (c) "Government Officials" includes the Attorney General, the Governor, members of the Governor's cabinet, including all commissioners and directors of government agencies, the Lieutenant Governor, the judicial officers, senators of the Legislature of the Virgin Islands, and all elected officials in the Virgin Islands who receive remuneration. (d) "Remuneration" includes the salaries, emoluments, mileage, per diem, travel, incidental benefits awarded for employment and other expense allowances and reimbursements of government employees and officers. (e) "Judicial Officers" means Virgin Islands justices, judges and magistrates. History: Added May 27, 2016, No. 7878, § 1, Sess. L. 2016, p. 89.

(a) The Virgin Islands Compensation Commission is established within the Division of Personnel for budgetary purposes only. (b) The Commission is composed of nine members, none of whom is an official or employee of the Government of the Virgin Islands, or of any department, agency, or any autonomous or semi-autonomous instrumentality of the Government of the Virgin Islands with the exception of the University of the Virgin Islands. The Governor, the President of the Legislature and the Chief Justice of the Supreme Court shall each appoint three members. Members of the Commission must have education and experience in one of the following fields: labor management; human resources; economics; finance; or law. (c) Beginning January 15, 2021, and every four years thereafter, members appointed shall serve until the Commission has submitted its final report under section 543. (d) No member of the Commission is eligible for appointment to public office so long as the member is a member of the Commission and for two years thereafter. (e) The Governor shall call the first meeting of the Commission for the purpose of organization. At this meeting, the Commission shall select from its membership a chairperson, a vice-chairperson, and a secretary to serve for the duration of the term of the Commission. (f) A majority of the Commission members constitutes a quorum to transact business. The affirmative vote of five members is required to approve the Commission's recommendations on compensation. (g) Any vacancy in the membership must be filled in the manner in which the original appointment was made. (h) The members of the Commission shall serve without compensation, but must be reimbursed for travel and subsistence expenses, but the expenses must be approved by the chairperson. The costs and expenses of the Commission must be paid from the funds appropriated by the Legislature. (i) The Division of Personnel shall provide the Commission with such staff as is necessary to perform its functions and shall provide record-keeping facilities and other facilities as needed. History: Added May 27, 2016, No. 7878, § 1, Sess. L. 2016, p. 89, 90; amended Oct. 26, 2020, No. 8384, § 1(a)(1), (2), Sess. L. 2020, p. 202.

(a) Beginning in January 15, 2021, and every four years thereafter, the Governor shall convene a Commission to conduct a review of the salaries, expense allowances, and other emoluments of the Governor; the Lieutenant Governor; members of the Governor's cabinet, including the Attorney General, all commissioners and directors of government agencies; judicial officers; senators of the Legislature; and the Inspector General of the Virgin Islands. The Commission shall make the review for the purpose of determining and providing the pay levels appropriate for the duties and responsibilities of the respective offices and positions subject to such review. The Commission may hold public hearings and invite members of the public, the Virgin Islands Bar, judicial officers, government officials and experts to provide testimony. (b) In determining the compensation for each non-judicial office, the Commission shall consider the following factors: (1) The amount of compensation needed to attract and retain qualified, experienced and competent persons; (2) The amount of compensation paid in government service and the private sector to persons with similar qualifications; (3) The average consumer prices, commonly known as the cost of living; (4) The increase or decrease of median household income of Virgin Islands households and other economic indicators; (5) The overall compensation presently received by the public officials and all other benefits received; (6) The interests and welfare of the public and the financial ability of the Territory to meet those costs; (7) Such other factors not confined to the foregoing which are normally or traditionally taken into consideration in the determination of such compensation; and (8) Any other factors the Commission may consider to be reasonable, appropriate and in the public interest. (c) In order to carry out its responsibilities to make findings, conclusions and recommendations as to the proper salary and benefits of the judicial officers, the Commission shall consider the following additional factors: (1) The skill, experience, and education required of a particular judicial office; (2) The value of compensable service performed by judicial officers, as determined by reference to judicial compensation in the District Court of the Virgin Islands, the United States Court of Appeals for the Third Circuit, the states comprising the United States Court of Appeals for the Third Circuit and the District of Columbia; (3) The compensation of attorneys in the private sector, government, academia, and non-profit enterprises with comparable responsibility, training and experience; and (4) Changes in the cost of living for judicial officers relative to the last time judicial compensation was set for a particular judgeship, including any increase in health or retirement contributions to be paid by the judicial officer. (d) When considering the factors enumerated in subsections (b) and (c) of this section, the Commission may employ academic or professional experts to provide statistical analyses and relevant data. History: Added May 27, 2016, No. 7878, § 1, Sess. L. 2016, p. 90, 91; amended Oct. 26, 2020, No. 8384, § 1(b), Sess. L. 2020, p. 202.

(a) The Commission shall submit to the Governor, the President of the Legislature, and the Chief Justice of the Supreme Court no later than May 1 of the fourth year of each term of the Commission a report of the results of the review conducted by the Commission of the offices and positions subject to this chapter, together with its recommendations, but the first such report must be submitted no later than May 30, 2022. The Commission shall file the written report notwithstanding a determination by the Commission that no compensation increase or decrease is recommended. Notwithstanding the foregoing, the Commission may not recommend salaries, expenses, allowances, or other emoluments of the offices and positions subject to this subchapter to reduce them to below the salary expenses allowance and other emoluments level that the offices and positions receive on the date the salary and expense determinations are made. (b) Any Commission member who does not concur in the proposed or final recommendations may attach written objections to the Commission's report or its findings and recommendations. History: Added May 27, 2016, No. 7878, § 1, Sess. L. 2016, p. 91; amended Oct. 26, 2020, No. 8384, § 1(c) (1), (2), Sess. L. 2020, p. 202.

The term of each Commission expires upon submission of the recommendations. The Governor, the President of the Legislature and Chief Justice of the Supreme Court shall appoint members to the next Commission no later than November 30 following the submission of the Commission's report. History: Added May 27, 2016, No. 7878, § 1, Sess. L. 2016, p. 91.

The Legislature shall act upon the recommendations of the Commission not later than 90 days after the recommendations have been submitted to the Legislature. Nonaction on the recommendation within the 90-day period is deemed an approval by the Legislature of the recommendations. If the Commission's recommendations are approved or amended the salary, expense, allowance, and other emolument determinations take effect for the legislative session immediately following the next general election. History: Added May 27, 2016, No. 7878, § 1, Sess. L. 2016, p. 92; amended Oct. 26, 2020, No. 8384, § 1(d), Sess. L. 2020, p. 202.

There is established the following standard Pay Plan for all classes of positions now or hereafter created in the Government of the Virgin Islands in the Classified Service as defined in section 491 of this title: SCHEDULE I (a) Pay Structure Range Longevity Step No. (1) (2) (3) (4) (5) (6) 1 $1752 $1860 $1968 $2076 $2184 $2292 2 1860 1968 2076 2184 2292 2400 3 1968 2088 2208 2328 2448 2568 4 2088 2208 2328 2448 2568 2688 5 2208 2340 2472 2604 2736 2868 6 2340 2484 2628 2772 2916 3060 7 2484 2628 2772 2916 3060 3204 8 2628 2784 2940 3096 3252 3408 9 2784 2952 3120 3288 3456 3624 10 2952 3132 3312 3492 3672 3852 11 3132 3324 3516 3708 3900 4092 12 3324 3528 3732 3936 4140 4344 13 3528 3744 3960 4176 4392 4608 14 3744 3972 4200 4428 4656 4884 15 3972 4212 4452 4692 4932 5172 16 4212 4464 4716 4968 5220 5472 17 4464 4728 4992 5256 5520 5784 18 4728 5016 5304 5592 5880 6168 19 5180 5316 5616 5916 6216 6516 20 5316 5640 5964 6268 6612 6936 21 5640 5976 6312 6648 6984 7320 22 5976 6336 6696 7056 7416 7776 23 6336 6720 7104 7488 7872 8256 24 6720 7128 7536 7944 8352 8760 SCHEDULE II For Physicians, Dentists and Other Medical Personnel A $ 7500 $ 7935 $ 8370 $ 8805 $ 9240 B 8500 8993 9486 9979 10472 C 10000 10580 11160 11740 12320 D 11500 12166 12832 13498 14164 (b) The Director of Personnel shall determine the assignment of classes of positions to the salary ranges, based upon comparison of relative experience and training requirements, working conditions, administrative changes in processes and decision-making authority which affect the level of work complexity or responsibility, and those elements of supply shortage which can clearly be attributed to pay considerations. The Governor may, in his discretion, assign to ranges within the special pay schedule for the medical profession not more than three professional and/or supervisory personnel within the Department of Health when required for the effective supervision and operation of government agencies. SCHEDULE III Salary Schedule for Teachers, Guidance Counsellors, Librarians and Other Professional Positions in the Department of Education (1) Pay Structure- There is established for the Department of Education the following pay structure- Schedule III of the Government Pay Plan; provided that no teacher shall be paid a salary less than $3,200 per annum. Range A B C D E F G H I J K 1 $2600 $2720 $2840 $2960 $3080 $3200 2 3000 3140 3280 3420 3560 3700 3 3500 3665 3830 3995 4160 4325 4 4100 4295 4490 4685 4880 5075 5 5100 5330 5560 5790 6020 6250 $6480 $6710 $6940 $7170 $7400 6 6000 6270 6540 6810 7280 7350 7620 7890 8160 $8430 8700 7 7000 7320 7640 7960 8280 8600 8920 9240 9560 9880 10200 (2) The above schedule shall be applicable as follows: Range I -Graduation from high school with less than 30 semester units of college work or its equivalent in quarter units. Range II -Graduation from high school with a minimum of 30 semester units of college work but less than 60 semester units or its equivalent in quarter units. Range III -Graduation from high school with a minimum of 60 semester units of college work but less than 90 semester units or its equivalent in quarter units. Range IV -Graduation from high school with a minimum of 90 semester units of college work or its equivalent in quarter units. Range V -Graduation from college or university with a bachelor's degree. Range VI -Graduation from college or university with a master's degree. Range VII -Graduation from a university with a doctor's degree. In the case of vocational teachers, five years of experience at the Journeyman level is a prerequisite to receiving salary equal to that for a bachelor's degree. For satisfactory ability and performance and for meritorious service, teachers without college degrees who have taught for at least fifteen years in the public schools of the Virgin Islands shall be assigned to Range V. Provided, however that only such years of teaching experience not already evaluated or covered by the provisions of this section shall be considered for purposes of replacement within the pay range as provided for in section 4(a) of this schedule. (3) Supplement for Additional Training and/or for Assignment to Supervisory and Administrative Positions (a) A supplement of $100 will be paid for each 9 semester hours or its equivalent in quarter units of college course work beyond the established minimum for the range in which the teacher has been placed; Provided, That any teacher receiving the 15 year proviso of section 2 of this section [sic]; shall receive $100 for every 9 semester hours of college credits or its equivalent in quarter units accumulated after April 1, 1964; And provided further, That all course work in all of the above- mentioned is approved by the Commissioner of Education as courses leading to a baccalaureate degree, or in the case of degree holders to a higher degree. (b) Supervisory and administrative employees in the professional education, guidance or library service of the Department shall receive supplementary salaries in accordance with the following indicated percentage ratio to Step A of each pay range: Position Percentage Factor above Step A of Teachers Scale Guidance Counsellors 8 % Bookmobile Librarian 5 % Secondary Department Heads Departments with 1 to 10 teachers 5 % 11 or more 8 % Physical Education Teacher-Coach 5 % Assistant Principals, Secondary or Consolidated Schools 25 % Assistant Principals, Elementary Schools 20 % Principals with 1 to 5 teachers 15 % 6 to 10 20 % 11 to 20 25 % 21 to 30 30 % 31 to 50 40 % 51 or more 45 % Subject Supervisors 25 % General Supervisors (Kindergarten, Elementary and Secondary) 30 % Assistant Program Coordinators 10 % Program Coordinators 25 % Assistant Directors 35 % Directors (except in cases where the positions are listed in the annual appropriation Act) 50 % (4) Placement of Employees Within the Pay Range (a) When this new pay schedule goes into effect and on initial appointments made thereafter teachers and other professional employees under this schedule shall be initially placed in the step in the range to which they have been assigned on the basis of the following; Provided, That no incumbent's salary shall be reduced by this section; And provided further, That any teacher who qualifies for Range V by virtue of the 15 years proviso of section (2), and who later earns a baccalaureate degree shall be placed in an appropriate step in Range V reflecting the years of service in accordance with the provisions of this section. Step A for those with less than 3 years of full-time experience in teaching and/or professional experience in education. Step B for those with no less than 3 but no more than 5 years of full-time experience in teaching and/or other professional experience in education. Step C for those with 5 or more years of full-time experience in teaching and/or other professional experience in education. Step D. Repealed. Apr. 14, 1965, No. 1421, § 1(a), Sess. L. 1965, Pt. I, p. 158. Step E for those with no less than 20 years of full-time experience in teaching and/or other professional experience in education in the public school system of the Virgin Islands. Following the initial adjustment of all incumbents at the time this pay plan goes into effect and initial appointment thereafter, the step increases from A to J shall be made every eighteen months contingent upon a performance rating of "satisfactory" or better, and also upon the availability of funds; and from J to K at the end of the third school year. (b) A teacher or any other employee in this schedule who moves from one lower class to a higher class or from a lower range to a higher range shall retain the same step in the next higher class or range as he occupied in the lower class or range. (c) Salaries of teachers and others employed under this schedule who meet the experience requirements as outlined herein and the training requirements outlined in the section on Ranges of Position or those who meet the requirements for the $100 supplement for additional college work shall be adjusted on the following schedule: 1. The supplement of $100 shall be added to the pay of employees effective on the first pay period following receipt and verification of official transcripts by the Commissioner. Employees are responsible for transmittal of transcripts to the Commissioner. 2. Teachers and others who qualify for appointment to a higher range by virtue of having received additional training shall be reassigned to a higher range by the Commissioner of Education as of the first official day of work for the current school year for those who qualify before September 1, and whose official transcripts are received and verified by the Commissioner between July 1 and January 31, or February 1, for those who qualify after September 1, and whose official transcripts are received and verified by the Commissioner before the following June 30. The employee shall be responsible for the delivery of transcripts to the Commissioner of Education. In no case shall placement under this section be made retroactive beyond six months. 3. Teachers and others who meet the requirements for step increases shall be placed in the next step effective on the anniversary date of their initial appointment; Provided, however, That teachers, supervisors, principals and school employees under this schedule who were on leave without pay status during the period after the last previous increment or after their initial appointment shall not be eligible for annual increments until the completion of 180 school days; Provided, further, That librarians and other 12-months employees who were on leave without pay status during the period after their last previous increment or initial appointment shall not be eligible for annual increments until the completion of 260 working days. SCHEDULE IV Base Pay for Social Work Positions in the Department of Social Except as this schedule otherwise provides, the Governor shall allocate social work positions in the Department of Social Welfare under Schedule III of the Pay Plan. The position, Assistant Commissioner, Department of Social Welfare, shall be covered in the Classified Service and shall be paid not less than $10,000 per annum. Counsellors and Houseparents of the Insular Training Schools who, because of the nature of their duties, are required to work long, unusual, or irregular hours, shall be paid a premium wage of 15% over and above the regular rate due under the Pay Plan, in lieu of overtime compensation or time off. History: Amended May 16, 1957, No. 160, § 19, Sess. L. 1957, p. 25; June 24, 1958, No. 323, § 2, Sess. L. 1958, p. 99; June 3, 1959, No. 427, § 1, Sess. L. 1959, p. 31; June 10, 1959, No. 461, § 1, Sess. L. 1959, p. 67; June 10, 1960, No. 597, §§ 1, 2, Sess. L. 1960, p. 102, 105; Mar. 30, 1962, No. 872, § 1, Sess. L. 1962, p. 117; July 1, 1963, No. 1048, § 1, Sess. L. 1963, p. 417; Apr. 1, 1964, No. 1153, §§ 1-3, Sess. L. 1964, p. 143; Mar. 29, 1965, No. 1391, § 1, Sess. L. 1965, Pt. I, p. 128; Apr. 2, 1965, No. 1405, § 1, Sess. L. 1965, Pt. I, p. 143; Apr. 14, 1965, No. 1421, § 1, Sess. L. 1965, Pt. I, p. 158; July 2, 1965, No. 1480, § 1, Sess. L. 1965, Pt. I, p. 372; Feb. 12, 1969, No. 2435, Sess. L. 1969, p. 88.

Government Hospital Personnel All nursing and nonprofessional personnel, whose duties primarily require their physical presence on duty in the Tuberculosis or Neuro-Psychiatric units of government hospitals, shall be paid a differential of fifteen percent of the pay to which they would otherwise be normally entitled. This differential shall be payable for any shift of eight hours or more during which the employee was assigned to such unit. (Such differential shall also be applicable to the aforementioned employees during periods of annual or sick leave absences, provided that they were assigned to such hospital unit at the time the leave of absence began and further that they returned to the unit following the absence.) History: July 1, 1963, No. 1048, § 3, Sess. L. 1963, p. 419; Mar. 29, 1965, No. 1391, § 6, Sess. L. 1965, Pt. I, p. 130.

Assistant Attorneys General Effective April 1, 1964, the salary of each Deputy Commissioner shall be increased by a sum not to exceed $500 per annum and the salary of each Assistant Commissioner and each Assistant Attorney General shall be increased by a sum not to exceed $1,000 per annum. History: May 22, 1964, No. 1228, § 1, Sess. L. 1964, p. 336.

Important Functions Wherever necessary for proper administration of important government functions, the Governor in his discretion may designate one Assistant Commissioner in the Department of Public Works, one Assistant Commissioner in the Department of Education, one Assistant Commissioner of the Department of Finance and one Assistant Attorney General, whose salaries shall be increased by a sum not to exceed $2,000 per annum. The Governor likewise may designate the Director of the Division of Hospitals and Medical Services in the Department of Health as Assistant Commissioner of Health for the Virgin Islands and in such case the salary of this position shall be increased by a sum not to exceed $2,000 per annum and the position shall remain in the Classified Service. History: May 22, 1964, No. 1228, § 2, Sess. L. 1964, p. 336.

Per Diem Employees (a) Every employee in the Classified Service of the Government of the United States Virgin Islands who now is in or who shall hereafter be appointed to a position within Range Nos. 1 through 15, inclusive, of Schedule I of the Pay Plan for Government Personnel (section 551 of this title) shall receive a cost-of-living bonus of $300 per annum. (b) Every per diem employee of the Government of the United States Virgin Islands whose salary, if computed on a per annum basis of 2,080 hours, would fall within Range Nos. 1 through 15 of Schedule I of the Pay Plan for the Classified Service shall receive a cost-of-living bonus of the per hour equivalent of $300 per annum computed on the basis of 2,080 hours per year. (c) The cost-of-living bonuses provided for by this section shall be paid according to the regular pay periods as provided for by section 555 of this title and such bonuses shall be retroactive to January 1, 1966. The cost-of-living bonus for Government personnel in the Classified Service, provided for by subsection (a) of this section, shall not preclude the regular one-step within-grade increases which are or may become due to such classified employees pursuant to paragraph (1) of section 562 of this title. History: Mar. 15, 1966, No. 1609, §§ 1, 2, Sess. L. 1966, p. 80.

(a) It is the policy of the United States Virgin Islands Government to provide equal pay for equal work and to pay its employees at rates comparable to that paid for similar work by other organizations in the Virgin Islands. (b) In compliance with the principle of equal pay for substantially equal work the Governor by Executive Order shall provide equal pay increases and benefits to all members of any class or class of positions whose members are not members of an appropriate bargaining unit exclusively represented by a labor organization pursuant to chapter 14 of Title 24 of this Code. The principle of equal pay for substantially equal work shall not obligate the Governor to adjust salaries, compensation, or benefits for public employees not represented by labor organizations in the same manner as those public employees which are represented by labor organizations; nor shall the Governor be obligated to equalize salaries, compensation, or benefits between public employees doing substantially equal work represented by different labor organizations. (c) Unless specifically provided to the contrary, whenever an across-the-board increase is enacted for government employees and an employee does not receive such increase solely because that employee has reached the pay ceiling within his grade, then such employee is hereby granted an increase in an amount equal to the difference between the highest step within his grade and the next highest step within his grade; Provided, however, That no employee who has, for any reason including contractual agreements, received a permanent increase in salary, wages, or other form of monetary compensation paid by the Government of the United States Virgin Islands, which increase shall have been received within the twelve months immediately preceding the enactment of the across-the-board pay increase, shall be entitled to the pay increase provided by this subsection. History: Amended July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275; Oct. 29, 1970, No. 2864, § 2, Sess. L. 1970, p. 352; June 2, 1980, No. 4440, § 2(d), Sess. L. 1980, p. 81; Oct. 23, 1980, No. 4498, § 10, Sess. L. 1980, p. 227.

(a) The Craft and Labor Schedule which follows in the basic pay schedule for positions assigned to, and allocated to grades under, the Craft and Labor System provided by section 493(b) of this chapter. Craft and Labor Schedule Grade Hourly Rates and Steps A B C D CL-1 $1.40 $1.47 $1.54 $1.62 CL-2 1.47 1.54 1.62 1.70 CL-3 1.54 1.62 1.70 1.79 CL-4 1.62 1.70 1.79 1.88 CL-5 1.70 1.79 1.88 1.97 CL-6 1.79 1.88 1.97 2.07 CL-7 1.88 1.97 2.07 2.17 CL-8 1.97 2.07 2.17 2.28 CL-9 2.07 2.17 2.28 2.39 CL-10 2.17 2.28 2.39 2.51 CL-11 2.28 2.39 2.51 2.64 CL-12 2.39 2.51 2.64 2.77 CL-13 2.51 2.64 2.77 2.91 CL-14 2.64 2.77 2.91 3.06 CL-15 2.77 2.91 3.06 3.21 CL-16 2.91 3.06 3.21 3.37 CL-17 3.06 3.21 3.37 3.54 (b) Effective as of September 12, 1969, each employee in the maintenance division of the Department of Education of the Virgin Islands shall receive a salary increase of seven (7) percent per annum of the actual salary received by such employee. (c) Each employee of the Department of Public Works of the Virgin Islands, receiving a salary at the rate of $2.00 or less per hour, shall receive a salary increase of fifteen (15) percent per annum of the actual salary received by such employee, and each employee receiving a salary at the rate of $2.01 or more per hour shall receive a salary increase of ten (10) percent per annum of the actual salary received by such employee. Such increases shall become effective retroactively to October 6, 1969. History: Amended July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275; May 15, 1970, No. 2718, § 2, Sess. L. 1970, p. 117.

The Teacher Schedule which follows is the basic pay schedule for positions assigned to, and allocated to grades under, the Education System provided by section 493(c) of this chapter. (a) Basic Grades Non-degree Schedule GRADE STEP A B C D E F G H I 1 $5,100 $5,300 $5,500 $5,700 $5,900 $6,100 2 5,400 5,600 5,800 6,000 6,200 6,400 3 5,700 5,900 6,100 6,300 6,500 6,700 4 6,000 6,200 6,400 6,600 6,800 7,000 Degree Schedule 5 (B.A.) 7,000 7,425 7,850 8,275 8,700 9,125 $9,559 $9,975 $10,400 6 (M.A.) 7,800 8,325 8,850 9,375 9,900 10,475 10,950 11,475 12,000 7 (Ed.S.) 8,600 9,225 9,850 10,475 11,000 11,725 12,350 12,975 13,600 (b) An employee in a supervisory or administrative position in the professional education, guidance, or library service of the Department of Education shall continue to be paid in accordance with his grade and within-grade step under subparagraph (a) of the Education Schedule and shall in addition receive a pay differential under this subparagraph. This per annum differential shall be the amount indicated below: Guidance Counsellors $750 Secondary Department Heads with: 1 to 5 teachers 525 6 to 11 teachers 625 12 or more teachers 825 Assistant Principals, Secondary or Consolidated Schools with: 1 to 30 professional education personnel 1,875 31 to 60 professional education personnel 2,375 60 to 120 professional education personnel 2,875 120 or more 3,375 Assistant Principals, Elementary with: 1 to 30 professional education personnel 1,875 31 to 60 professional education personnel 2,375 60 to 120 professional education personnel 2,875 120 or more 3,375 Principals with: 1 to 10 professional education personnel 1,350 11 to 30 professional education personnel 2,250 31 to 60 professional education personnel 2,875 61 to 90 professional education personnel 3,750 91 to 120 professional education personnel 4,625 120 or more 5,500 Subject Supervisors 1,875 General Supervisors (Kindergarten, Elementary and Secondary) 2,250 Program Coordinators 1,875 Assistant Program Coordinators 750 Directors (except in cases where the positions are listed in the annual appropriations Act) 5,000 Assistant Director 2,500 Physical Education Teacher-Coach (Maximum of two sports per teacher) 600 Special Education Teacher 500 Band Director 600 Drama Coach 500 Chorus Director 500 School Publication Teacher 350 (c) Teachers and other professional employees under this schedule shall be given credit for all years of full- time teaching or other professional experience in the Virgin Islands public school system and shall be given credit for a maximum of five years of full-time teaching or other professional experience in another school system and in both instances, shall be placed accordingly in the appropriate steps in the appropriate grade. Provided, however, That based solely on service prior to July, 1969, such personnel in Grades 1 through 4 shall not be placed at a step higher than step "F"; and such personnel in Grades 5 through 7 shall not be placed at a step higher than step "I". (d) A teacher or any other employee in this schedule who moves from a lower grade to a higher grade shall retain the same step in the next higher grade as he occupied in the lower grade. (e) Salaries of teachers and others employed under this schedule who meet the experience requirements as outlined herein and the training requirements outlined in subsection 494(a) above or those who meet the requirements for the $150 pay differential as provided for in subsection (f) of this section for additional college work shall be adjusted according to the following: 1. The pay differential of $150 shall be added to the pay of employees effective on the first pay period following receipt and verification of official transcripts by the Commissioner. Employees are responsible for transmittal of transcripts to the Commissioner. 2. Teachers and others who qualify for appointment to a higher grade by virtue of having received additional training shall be reassigned to a higher grade by the Commissioner of Education as of the first official day of work for the current school year for those who qualify before September 1, and whose official transcripts are received and verified by the Commissioner between July 1 and January 31, or February 1, for those who qualify, after September 1, and whose official transcripts are received and verified by the Commissioner before the following June 30. The employee shall be responsible for the delivery of transcripts to the Commissioner of Education. In no case shall placement under this section be made retroactive beyond six months. (f) A teacher, or other employee under this schedule, including a supervisor, shall receive $150 for each 9 semester hours or its equivalent in quarter units beyond the minimum education required in his grade. However, there shall be no more than a total of 4 such pay differentials included in the compensation for a teacher in grade 5 and no more than 5 for a teacher in grade 4 or grade 6. Course work under this subsection must be approved by the Commissioner of Education as courses leading to a baccalaureate degree, or in the case of degree holders to a higher degree. History: Amended Apr. 7, 1967, No. 1899, § 1, Sess. L. 1967, p. 83; July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275; May 29, 1969, No. 2467, § 1, Sess. L. 1969, p. 122; May 15, 1970, No. 2718, §§ 3, 4, Sess. L. 1970, p. 118, Oct. 1, 1970, No. 2824, §§ 1, 2, p. 319.

(a) The General Schedule which follows is the basic pay schedule for positions assigned to and allocated to grade under the General System provided by section 493(d) of this chapter. Any appointment or advancement above Grade 30 shall be subject to the approval of the Governor. General Schedule Grade Annual Rates and Steps A B C D E F GS-6 $ 3,000 $ 3,150 $ 3,300 $ 3,460 $ 3,630 $ 3,810 GS-7 3,150 3,300 3,460 3,630 3,810 4,000 GS-8 3,300 3,460 3,630 3,810 4,000 4,200 GS-9 3,460 3,630 3,810 4,000 4,200 4,400 GS-10 3,630 3,810 4,000 4,200 4,400 4,620 GS-11 3,810 4,000 4,200 4,400 4,620 4,850 GS-12 4,000 4,200 4,400 4,620 4,850 5,100 GS-13 4,200 4,400 4,620 4,850 5,100 5,360 GS-14 4,400 4,620 4,850 5,100 5,360 5,630 GS-15 4,620 4,850 5,100 5,360 5,630 5,910 GS-16 4,850 5,100 5,360 5,630 5,910 6,200 GS-17 5,100 5,360 5,630 5,910 6,200 6,510 GS-18 5,360 5,630 5,910 6,200 6,510 6,830 GS-19 5,630 5,910 6,200 6,510 6,830 7,170 GS-20 5,910 6,200 6,510 6,830 7,170 7,530 GS-21 6,200 6,510 6,830 7,170 7,530 7,910 GS-22 6,510 6,830 7,170 7,530 7,910 8,310 GS-23 6,830 7,170 7,530 7,910 8,310 8,730 GS-24 7,376 7,745 8,132 8,539 8,966 9,414 GS-25 7,966 8,364 8,782 9,221 9,682 10,166 GS-26 8,603 9,033 9,485 9,959 10,456 10,979 GS-27 9,291 9,756 10,244 10,756 11,294 11,859 GS-28 10,034 10,536 10,865 11,616 12,197 12,809 GS-29 10,837 11,379 11,948 12,545 13,172 13,831 GS-30 11,704 12,289 12,903 13,548 14,225 14,937 GS-31 12,540 13,167 13,825 14,516 15,242 15,968 GS-32 13,543 14,220 14,931 15,678 16,462 17,285 GS-33 14,897 15,642 16,424 17,245 18,107 19,012 GS-34 16,387 17,206 18,066 18,969 19,917 20,913 GS-35 18,026 18,927 19,873 20,887 21,931 23,028 (b) Notwithstanding any other provision of law to the contrary, no employee of the Government of the United States Virgin Islands, whether employed full-time or part-time, permanent or temporary, shall be paid at a rate less than $2.65 per hour, nor less than $2.90 per hour commencing January 1, 1979, nor less than $3.10 per hour commencing January 1, 1980, nor less than $3.35 per hour commencing January 1, 1981, nor less than the minimum rate which may thereafter be established by Federal law. For the purposes of this subsection, the term "employee" does not include a member of a board or commission whose compensation is fixed by law at a "per diem" rate. History: Amended July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275; May 15, 1970, No. 2718, § 5, Sess. L. 1970, p. 119; Oct. 31, 1978, No. 4249, § 2, Sess. L. 1978, p. 318.

The following personnel of the Department of Justice, the U.S. Virgin Islands Police Department (V.I.P.D.), the Fire Service and the Bureau of Corrections shall be compensated in accordance with the rates hereinafter set forth: Policemen, Policewomen, Deputy Marshals, Correction Officers and Police Matrons: STEP A B C D E F 8,603 9,033 9,485 9,959 10,456 10,979 STEP A B C D E F 8,603 9,033 9,485 9,959 10,456 10,979 Fire Fighters: STEP A B C D E F 8,603 9,033 9,485 9,959 10,456 10,979 STEP A B C D E F 8,603 9,033 9,485 9,959 10,456 10,979 Fire Corporals, Police Corporals, Senior Corrections Officer and Detectives Grade 3: STEP A B C D E F 9,291 9,756 10,244 10,756 11,294 11,859 STEP A B C D E F 9,291 9,756 10,244 10,756 11,294 11,859 Fire Sergeants, Police Sergeants, Correction Supervisor and Detectives Grade 2: STEP A B C D E F 10,034 10,536 10,865 11,616 12,197 12,809 STEP A B C D E F 10,034 10,536 10,865 11,616 12,197 12,809 Police Lieutenants, Fire Lieutenants, Chief Correction Supervisor and Detectives Grade 1: STEP A B C D E F 10,837 11,379 11,948 12,545 13,172 13,831 STEP A B C D E F 10,837 11,379 11,948 12,545 13,172 13,831 Assistant Warden, Chief Marshal, Police Captains, Fire Captains, Training Officers and Chief Investigators: STEP A B C D E F 11,704 12,289 12,903 13,548 14,225 14,937 STEP A B C D E F 11,704 12,289 12,903 13,548 14,225 14,937 Chief of Police, Fire Chief and Prison Warden: STEP A B C D E F 12,540 13,167 13,825 14,516 15,242 15,968 STEP A B C D E F 12,540 13,167 13,825 14,516 15,242 15,968 In addition to the above referred to increases all civilian employees working in the prisons or jails shall receive an increase of 10% in their gross salary as a result of their hazardous duty. History: Added May 15, 1970, No. 2718, § 6, Sess. L. 1970, p. 119; amended Apr. 17, 1973, No. 3417, § 1, Sess. L. 1973, p. 44; Aug. 27, 1973, No. 3470, Sess. L. 1973, p. 235; Oct. 10, 1980, No. 4483, § 1, Sess. L. 1980, p. 163. Act June 15, 1984, No. 4964, § 1 (b), Sess. L. 1984, p. 177.

Notwithstanding any provision to the contrary in this subchapter, the minimum salary of full-time employees of the Government of the Virgin Islands, semi-autonomous agencies, and independent instrumentalities of the Government of the Virgin Islands is $35,000 per annum. No full-time employee of the Government of the Virgin Islands, semi-autonomous agency, or independent instrumentality of the Government of the Virgin Islands may be paid less than $35,000 per annum. History: Added Dec. 22, 2005, No. 6817, § 1, Sess. L. 2005, p. 487; amended Jan. 27, 2010, No. 7146, § 1, Sess. L. 2009, p. 353; amended Oct. 1, 2018, No. 8077, § 1, Sess. L. 2018, p. 183; amended Oct. 1, 2025, No. 8995, § 1, Sess. L. 2025, p. -.

An employee in a position subject to this subchapter shall be paid at the rate within the grade of his position determined in accordance with this chapter together with any pay differential applicable to him provided under this subchapter. History: Amended July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275.

New appointments shall normally be made at the minimum rate of the appropriate grade plus any applicable pay differential. However, the head of an agency may appoint, with the approval of the Director of Personnel, a person at above the normal entrance rate for the pay grade of the classification of the position to be occupied by the new employee subject to one of the following conditions: (1) If after diligent recruitment efforts, the Personnel Director has been unable to certify a normal list of eligibles at the normal entrance salary, (2) The person to be appointed has unusual qualifications considerably in excess of the minimum requirements of the classifications. History: Amended June 14, 1960, No. 616, Sess. L. 1960, p. 137; Mar. 10, 1964, No. 1107, § 1, Sess. L. 1964, p. 49; Mar. 14, 1967, No. 1881, § 1, Sess. L. 1967, p. 50; July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275; Feb. 12, 1969, No. 2437, § 2, Sess. L. 1969, p. 89.

(a) (1) An employee in a position subject to this subchapter shall receive a one-step within-grade increase upon completion of 12 months of service since his last salary increase if his performance during that period of service has been rated "satisfactory" or better, until he has reached the maximum of his grade. A revision of rates in Pay Schedule and an increase in a pay differential under section 554(b) of this subchapter are not salary increases for the purpose of this subsection. (2) (A) Teachers and employees under the Education Schedule who meet the requirements for increases shall be placed in the next step effective on the anniversary date of their initial appointment; Provided, however, That teachers, supervisors, principals, and school employees under this schedule who were on leave without pay status during the period after the last previous step increase or after their initial appointment shall not be eligible for a step increase until the completion of 180 school days; Provided, further, That 12-month employees who were on leave without pay status during the period after their last previous step increase or initial appointment shall not be eligible for a step increase until the completion of 260 working days. (B) Employees under the Education Schedule who are paid for established school vacations in lieu of annual leave and who meet the requirements for increases during an established school vacation shall receive these increases only if they have valid contracts for employment with the Department of Education of the Government of the Virgin Islands for the subsequent school period. (b) In any case where a regular within-grade salary increase is denied because of less than a "satisfactory" performance rating, the effective date for counting to establish eligibility for the next increment shall be on that date on which said increment would otherwise have been effective. (c) In any case where a regular employee was demoted to a lower salary range, such demotion shall not affect the effective date of within-grade salary increase in the lower range which would have been due if the employee had remained in the higher salary range, unless such demotion had been made as a result of less than satisfactory performance on the part of such employee. (d) In any case where a regular within-grade salary increase is denied because of a less than "satisfactory" performance rating, the employee to whom it is denied shall be furnished, by the head of the department, board, agency, commission or other instrumentality of the Government of which he is an employee, a written notice of the denial accompanied by a written statement of the reason or reasons for the less than "satisfactory" performance rating within ten consecutive calendar days following the date on which he would otherwise have been eligible for the increase pursuant to the provisions of this section. The employee shall have ten consecutive calendar days following the receipt of the notice and statement referred to above to file a written appeal of the denial with the Director of Personnel, specifying the errors of fact or conclusion alleged in such notice and statement, and a copy of the appeal shall be submitted to the head of his department, board, agency, commission, or other instrumentality of the Government. The Director shall make a determination, based on the fact presented in the notice of denial, the statement, and the written appeal, within 30 days after the appeal has been filed. If the Director does not alter the performance rating to "satisfactory" or better he shall notify the employee immediately and the employee may file a written appeal of the denial with the Government Employees Service Commission within ten days after notification by the Director. The employee shall submit a copy of the appeal to the head of the instrumentality of the Government of which he is an employee. The Commission shall hold a prompt and expeditious hearing, and shall afford the employee and the head of said instrumentality the opportunity to be heard, to be represented by counsel, and to call and cross-examine witnesses. The strict rules of evidence need not apply. The decision of the Commission shall be final. If the head of the instrumentality of the Government by which the employee is employed fails to furnish the employee with the required notice and statement within the mandatory ten-day period or if either the Director of Personnel or the Government Employees Service Commission determined that the employee's performance warranted a rating of "satisfactory" or better and that the regular within-grade salary increase was erroneously denied, then the employee shall receive and shall be paid the regular within-grade salary increase effective as of the date on which it would have been due to him initially had his performance not been rated less than "satisfactory" by the head of the instrumentality of the Government of which he is an employee. (e) The head of an agency, with the approval of the Governor, may grant in any year an additional step increase or lump sum cash award of lesser annual value to an employee who, he finds, has rendered meritorious service in the performance of his duties or in the suggestions of improvements in the operations of the service. This award shall not be in lieu of a regular step increase nor shall it be considered a salary increase under this section. History: Amended July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275.

Institutions Counsellors and housekeepers at institutions operated by the Department of Human Services, who, because of the nature of their duties, are required to work long, unusual, or irregular hours, shall be paid a premium wage of 15 percent over and above the regular rate due under the Pay Plan, in lieu of overtime compensation or time off. History: Mar. 29, 1965, No. 1391, § 3, Sess. L. 1965, Pt. I, p. 130.

Work On Holidays Government employees who are required to work on holidays, except Thursday half-holidays, shall be compensated by extra pay or time off for such work in accordance with existing overtime laws and regulations; Provided, That in the case of employees whose employment on Sundays on a regular or rotating shift of duty basis is necessary in the public interest, including employees in public institutions such as the government hospitals or the institutions for the aged, or employees engaged in work relating to the public safety, health or fire prevention, such employment on Sundays shall not be deemed work on holidays for the purposes of extra pay or time off as provided for in this section. History: Mar. 29, 1965, No. 1391, § 5, Sess. L. 1965, Pt. I, p. 130; Feb. 25, 1966, No. 1591, § 1, Sess. L. 1966, p. 65.

History: Repealed. Mar. 14, 1967, No. 1881, § 2, Sess. L. 1967, p. 51.

(a) A counsellor or a housekeeper at institutions operated by the Department of Human Services, who, because of the nature of his duties is required to work long, unusual, or irregular hours, shall be paid a differential of 15 percent of his basic compensation which shall be in addition to his basic compensation. (b) All employees, other than physicians, whose duties require his physical presence on duty in the tuberculosis or neuropsychiatric units of government hospitals, shall be paid a differential of 15 percent of his basic compensation, in addition to his basic compensation, for any shift of 8 hours or more during which he was assigned to such a unit and for any period of annual or sick leave immediately preceded and followed by assignment to such a unit. (c) An employee who is assigned to regular night duty, that is, regularly scheduled work or rotating shifts between the hours of 6:00 p.m. and 6:00 a.m., shall be paid differential at the following rates: (1) for nightwork of from 5 to 8 hours duration in a regular 8 hour shift, a differential of 10 percent of his basic rate of pay: (2) for more than 8 hours of nightwork, a differential of 15 percent of his basic rate of pay; Provided, That the night duty assignment was not made at the behest of the employee. (d) Supervisors and administrators paid under the General or Craft and Labor Schedules shall be placed in pay grades which are higher than the grades of the persons they supervise and which adequately compensate them for their additional responsibilities. (e) Any employee of the Department of Health, as determined by the Commissioner of Health, whose regular duty assignment requires his presence at a correctional facility operated by the Bureau of Corrections shall be paid a hazardous duty differential of 15 percent of his basic compensation in addition to his basic compensation. (f) A firefighter who works in the Virgin Islands Fire and Emergency Medical Services, which serves as the first responder to control, suppress and investigate fire outbreaks and contain Hazmat incidents on public and private property, shall receive a hazardous duty pay differential of either: (1) 15% of the firefighter's basic compensation in addition to the basic compensation; or (2) 20% of the firefighter's basic compensation in addition to the basic compensation when the firefighter is also certified as an Emergency Medical Technician. History: Amended July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275; Dec. 20, 1979, No. 4394, § 5, Sess. L. 1979, p. 268; amended Jan. 14, 2014, No. 7574, § 21, Sess. L. 2013, p. 287; amended Oct. 16, 2024, No. 8919, § 1, Sess. L. 2024, p. -.

(a) (1) An employee whose position is paid under the Craft and Labor Schedule or whose position is in Grades 1 through 27 of the General Schedule or who is paid under any special compensation schedule and who is not covered by a collective bargaining agreement shall receive compensation, equal to one and one-half times the employee's regular base rate, for authorized overtime work performed. Provided, however, that Emergency Services Physicians employed by the Virgin Islands Government Hospitals and Health Facilities Corporation shall receive compensation, equal to the physician's regular hourly rate of pay, for authorized overtime work performed. (2) An employee whose position is in Grade 28 or higher of the General Schedule shall not receive overtime compensation payments. He shall receive compensatory time off equal to the number of overtime hours worked at such time or times when, in the discretion of the agency head, the public business will not suffer thereby; Provided, however, That compensatory time off shall be granted within twelve months after the date upon which such time was earned. (3) An agency head may, on the request of an employee, whose rate of overtime premium compensation is not fixed by federal law, grant the employee compensatory time off. (4) An agency head may provide that an employee, whose rate of basic pay is in excess of the basic pay of step A of Grade 25 of the General Schedule, shall be granted compensatory time off. (b) Overtime work shall be permitted in accordance with such policies as are established by rules of the Governor. The Governor may allow overtime compensation or compensatory time off, equivalent to that provided by this section, to employees not included under the provisions of this section. (c) The overtime work provisions of this section, as applied to employees who live and sleep at their place of employment, do not include periods when such employees are not actively on duty. (d) The overtime work provisions of this section do not apply to employees who are furnished meals and living quarters without deductions from their pay, and who, because of the nature of their duties, are required to work long, unusual, or irregular hours and in consideration thereof are allowed and paid a premium wage of not less than fifteen (15) percent over and above the regular salary. (e) An employee who is required to work on a holiday shall receive as compensation his regular daily pay, plus an amount equal to his regular base rate for all authorized work performed on the holiday; Provided, That in the case of an employee whose employment on a Sunday on a regular or rotating shift of duty basis is necessary in the public interest, including an employee in a public institution such as a government hospital or an institution for the aged, or an employee engaged in work relating to the public safety, health, or fire prevention, such employment on a Sunday shall not be deemed provided for in this section. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; Mar. 14, 1967, No. 1878, § 1, Sess. L. 1967, p. 45; July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275; Aug. 12, 1971, No. 3110, Sess. L. 1971, p. 335; July 30, 1976, No. 3854, Sess. L. 1976, p. 164; June 10, 1981, No. 4559, Sess. L. 1981, p. 55; Dec. 1, 2001, No. 6480, § 5(a), Sess. L. 2001, p. 339.

(a) For all pay computation purposes compensation established by or pursuant to law shall be regarded as payment for employment during 52 basic administrative workweeks of 40 hours. Whenever, for any purpose, it is necessary to convert a basic monthly or annual rate of pay of any official or employee of the Government of the Virgin Islands or any instrumentality thereof to a basic biweekly, weekly, daily, or hourly rate, the following rules shall govern- (1) A monthly rate shall be multiplied by twelve to derive an annual rate; (2) An annual rate shall be divided by 52 or 26 as the case may be, to derive a weekly or biweekly rate; (3) A daily rate shall be derived by multiplying an hourly rate by the number of daily hours or service required. (b) All rates shall be computed to the nearest cent, counting one-half cent and over as a whole cent. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275.

(a) The Commissioner of Finance shall pay all salaries of all officials and employees of the Government of the United States Virgin Islands on the basis of 2,080 hours per year, divided into pay periods of 86.67 hours each, or 24 pay periods each year payable on the fifteenth day and the last business day of each month. (b) Under such regulations as may be prescribed by the Governor, the Commissioner of Finance shall be allowed a sufficient time between the end of each pay period and the delivery of the employees' salaries in which properly to- (1) pre-audit the time and attendance of each employee; (2) prepare the payrolls; and (3) prepare the checks of the employees. The time lag authorized by this section shall not exceed twelve days. (c) No officer or employee shall certify, approve, or make any payment for personal services to any person holding a position in the executive branch of Government, unless said person has been employed in accordance with the provisions of this chapter and with the rules, regulations, and orders hereunder. (d) The Director of Personnel may require from any department or agency that the payrolls, vouchers, and accounts for personal services of persons covered hereunder be submitted to him for review and certification. When so required by the Director of Personnel, the officers and employees of any such department or agency may not approve or make any payment for such personal services, unless the payroll, voucher, or account of such pay bears the certification of the Director of Personnel or his authorized agent to the effect that the persons named in the said payroll voucher or account have been appointed and employed in accordance with the provisions of this chapter and with the rules, regulations, and orders hereunder. The Director of Personnel shall refuse to certify the pay of any officer or employee who has been appointed in violation of such provisions. Should the Director of Personnel refuse to certify any payroll, voucher, or account, any employee affected thereby may appeal to the Government Employees Service Commission. History: Added June 24, 1958, No. 323, § 3, Sess. L. 1958, p. 101; amended June 10, 1960, No. 597, § 3, Sess. L. 1960, p. 105; July 1, 1963, No. 1048, §§ 6, 7, Sess. L. 1963, p. 419; April 1, 1964, No. 1125, Sess. L. 1964, p. 70; Mar. 29, 1965, No. 1391, § 2, Sess. L. 1965, Pt. I, p. 129; July 2, 1965, No. 1480, § 2(a), Sess. L. 1965, Pt. I, p. 373; Mar. 14, 1967, No. 1875, § 1, Sess. L. 1967, p. 41; July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275; Jan. 1, 2004, No. 6585, § 2, Sess. L. 2003, p. 27.

(a) An incumbent of a position brought into the career service or otherwise made subject to the classification and pay system of this chapter after December 31, 1967, in a grade whose maximum pay step is lower than the compensation he last received in the unclassified position, shall receive the compensation he received in the unclassified position as long as he continues in that position and such compensation is higher than the maximum step. If his pay in the unclassified position equaled a pay step in the grade he shall receive compensation of that step. If it fell between two steps of the grade, he shall receive the compensation of the higher of the two steps. However, in making initial pay adjustments under this section, the provisions of section 557 of this subchapter may be applied to all employees under the General Schedule. (b) An incumbent member of the classified service who is, either individually or as a member of a class, reallocated to a higher grade of the classification and pay system, shall receive compensation at the first step within such higher grade that results in an actual increase in the compensation he was receiving immediately prior to his reallocation. History: Added July 16, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275; amended Oct. 4, 1968, No. 2341, § 3, Sess. L. 1968, Pt. II, p. 334; May 15, 1970, No. 2718, § 7, Sess. L. 1970, p. 120; Mar. 4, 1975, No. 3673, Sess. L. 1975, p. 7; June 13, 1980, No. 4447, § 1, Sess. L. 1980, p. 103.

The provisions of sections 560 and 562 of this title shall not apply to any employee employed in such extraordinary emergencies, as those resulting directly from fire, flood, storm or similar natural forces, or epidemic or illness or disease, or emergencies involving public safety which require employment in excess of the hours specified in section 560 of this title in order that life, health, or property may be preserved. History: Added July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275.

(a) Any sum paid contrary to any provision of this chapter or of any rule, regulation, or order hereunder may be recovered, in an action maintained by any citizen, from any officer who made, approved, or authorized such payment or who signed or countersigned a voucher, payroll, check, or warrant for such payment, or from the sureties on the official bond of any such officer. All moneys recovered in any such action shall be paid into the Government treasury. Any citizen may maintain an action to restrain a disbursing officer from making any payment in contravention of any provision of this chapter, or of any rule, regulation or order hereunder. (b) Any person appointed or employed in contravention of any provision of this chapter or any rule, regulation, or order hereunder who performs service, for which he is not paid, may maintain an action against the officer, or officers who purported so to appoint or employ him to recover the agreed pay for such services, or the reasonable value thereof if no pay was agreed upon. No officer shall be reimbursed by the Government at any time for any sum paid to such person on account of such services. (c) If the Director of Personnel wrongfully withholds certification of the payroll voucher or account of any employee, such employee may maintain a proceeding to compel the Director of Personnel to certify such payroll voucher or account. History: Added July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275.

An employee occupying a position to which the Position Classification and Pay Systems set forth in this chapter are not applicable and whose compensation is not fixed by law shall be paid within established policies authorized by law. History: Added July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275.

A temporary employee paid on an hourly basis, shall receive 8 hours pay for each regular Government holiday. History: Added July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275.

Policemen, firemen, nurses, and other employees who are required to wear uniforms while on duty, shall be provided an allowance for purchase of new uniforms, subject to regulations established by the agency head and approved by the Governor. History: Added July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275.

The Director of Personnel, in consultation with the head of the appropriate agency and subject to the approval of the Governor, is authorized to provide by rules and regulations basic workweeks or workdays, overtime premiums, and annual and sick leave for employees in activities for which the effective utilization of manpower requires a workday of either more or less than eight (8) hours and/or a workweek of either more or less than five (5) days. Such provisions may differ from and shall supersede the provisions for these items elsewhere provided in this chapter. Employees subject to regulations issued pursuant to this section shall receive substantially the same amount of time off for sick leave and annual leave as provided for other government employees under this chapter. History: Added July 18, 1968, No. 2313, § 1, Sess. L. 1968, Pt. II, p. 275.

(a) There is hereby established a career incentive pay program offering pay differentials to police officers of all ranks of the U.S. Virgin Islands Police Department (V.I.P.D.), Virgin Islands marshals and probation officers of the Superior Court, corrections officers of the Bureau of Corrections and corrections officers of the Department of Human Services enforcement officers of the Virgin Islands Waste Management Authority, Lottery enforcement officers, and firefighters, crew chiefs and police officers in the Virgin Islands Port Authority and in the Virgin Islands Fire Service and peace officers in the Department of Licensing and Consumer Affair, the Department of Planning and Natural Resources; the Department of Health, Environmental Health Division and the Virgin Islands Legislature, as a reward for furthering their education in the field of police, marshal services, corrections, and fire work beyond the minimum qualifications set forth in the job class specifications for positions held by such employees. Exempt employees as defined in 3 V.I.C. § 451a(b) are not eligible to participate in the career incentive program. (b) Each such employee delineated in subsection (a) of this section shall be eligible to receive a pay differential equal to a percentage of his present compensation, which is defined as his base pay plus payment for time of service in grade, which he is receiving at the time such credits are earned in accordance with the following schedule: (1) A 3% increase for 10 semester hour credits or its equivalent in quarter units earned toward a baccalaureate or an associate degree; (2) A 6% increase for 25 semester hour credits or its equivalent in quarter units earned toward a baccalaureate or an associate degree; (3) A 10% increase for 40 semester hour credits or its equivalent in quarter units earned toward a baccalaureate or an associate degree; (4) A 15% increase for an associate degree; (5) A 20% increase for a baccalaureate degree; and (6) A 30% increase for a postgraduate degree. (c) All credits and degrees shall be earned in an accredited educational institution. Courses taken for credit to qualify for pay differentials under the provisions of this section must be approved in advance by the head official of the respective government entity and the Director of Personnel. Such courses shall be in fields which are related to the performance by the employee of present or possible future official duties with the respective employee's employer in the areas of police, corrections, or fire administration, in order to increase the knowledge, proficiency, ability, skill and qualifications of the employee in the performance of his official duties. (d) The pay differentials authorized by this section shall be added to the basic compensation of employees effective for the first pay period following receipt and verification of official transcripts by the Director of Personnel. Employees shall be responsible for transmittal of transcripts to the Director of Personnel. However, a newly hired employee who qualifies under this section, who prior to being employed by the Government of the Virgin Islands earned a college degree or college credits in police science, fire science and criminal justice, including criminology, forensic science, fire prevention, accounting, psychology, public administration or business administration shall be eligible to receive a pay differential pursuant to the schedule outlined in subsection (b) of this section and meet the other requirements under this section. (e) The director of Personnel shall issue, in consultation with the Police Commissioner, the Chief Justice of the Supreme Court, the Director of the Bureau of Corrections, the Director of the Virgin Islands Port Authority, or the Director of the Virgin Islands Fire Service, rules and regulations necessary for the proper administration of the provisions of this section. History: Added Nov. 29, 1972, No. 3337, § 1, Sess. L. 1972, p. 509; amended May 8, 1981, No. 4540, Sess. L. 1981, p. 37; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; May 22, 1990, No. 5557, §§ 1, 2, Sess. L. 1990, p. 190; Feb. 1, 2001, No. 6391, § 2(h), Sess. L. 2000, p. 452; Dec. 21, 2001, No. 6483, § 7, Sess. L. 2001, p. 357; Jan. 30, 2002, No. 6483, § 7, Sess. L. 2001, p. 357; Oct. 17, 2005, No. 6793, § 4, Sess. L. 2005, p. 353; Dec. 22, 2007, No. 6977, § 14, Sess. L. 2007, p. 208; amended July 30, 2016, No. 7888, §§ 9(a), 11, Sess. L. 2016, p. 113; amended Jan. 20, 2017, No. 7972, § 22, Sess. L. 2016, p. 403; amended Apr. 11, 2022, No. 8549, §§ 1, 3, Sess. L. 2022, p. 86.

(a) The Commissioner of Police and the Director of Personnel shall develop and implement programs that provide incentives to eligible police officers who elect to continue employment as officers with the Police Department after twenty years' service. (b) The Commissioner of Police shall promulgate such rules and regulations as necessary to carry out the purpose of subsection (a). History: Added Mar. 5, 2005, No. 6730, § 5, Sess. L. 2005, p. 68.

(a) Subject to the provisions of section 582 of this title all officers and employees of the Government of the United States Virgin Islands, regardless of their tenure, in addition to any accrued leave, shall be entitled to 26 days annual leave, each calendar year exclusive of Sundays and holidays. The part unused in any year shall be accumulated for succeeding years until it totals not exceeding 60 days. No money shall be paid in lieu of leave. Every officer and employee of the Government of the United States Virgin Islands shall be credited for accrued or accumulated sick leave and annual leave upon his transfer from one agency, commission, authority, department, or branch of local government to any other agency, commission, authority, department, or branch, including transfers to or from independent instrumentalities or agencies of such government. (b) The annual leave authorized by this section shall be granted at times prescribed by the heads of the departments and agencies of government: Provided, That every effort shall be made to allow annual leaves due when requested by employees. (c) The annual leave authorized by this section shall not be granted to employees of the Department of Education, such as (but not limited to) teachers, school lunch workers, school nurses, and all such other personnel of the Department as determined by the Commissioner thereof from time to time, with the approval of the Governor, the nature of whose services require performance primarily in relation to the operation of the school system during the school year. The Commissioner of Education shall keep the Commissioner of Finance and the Director of Personnel currently advised as to all such positions within the Department of Education. All such employees shall be entitled to pay for established school vacations in lieu of the annual leave authorized by this section. (d) In cases where a school teacher resigns or is separated from the government service or is placed on a leave without pay status he shall be entitled to receive compensation in lump sum for the school vacation period. The lump sum compensation shall be calculated so that a school teacher will receive pay for school vacation in proportion to that part of the school year he has been carried on a pay status. (e) Any employee who has accumulated any unused annual leave at the end of a calendar year in excess of that allowed by subsection (a) to be accumulated for succeeding years, 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: Amended May 16, 1957, No. 160, § 20, Sess. L. 1957, p. 26; June 6, 1958, No. 296, Sess. L. 1958, p. 25; April 9, 1963, No. 1012, Sess. L. 1963, p. 258; Apr. 4, 1966, No. 1679, § 1, Sess. L. 1966, p. 148; Mar. 14, 1967, No. 1876, § 1, Sess. L. 1967, p. 44; July 18, 1968, No. 2311, § 3, Sess. L. 1968, Pt. II, p. 272; Oct. 4, 1968, No. 2341, § 4, Sess. L. 1968, Pt. II, p. 334; July 25, 1972, No. 3276, § 1, Sess. L. 1972, p. 230; Dec. 6, 1972, No. 3351, § 1, Sess. L. 1972, p. 526; Feb. 15, 1978, No. 4089, Sess. L. 1978, p. 11.

Notwithstanding the provisions of section 581 of this title, and except as provided in section 41 of Title 2 of this Code, all employees of the Government of the United States Virgin Islands, regardless of tenure, who enter Government Service after June 30, 1968, shall accrue annual leave as follows: (1) One-half day for each full biweekly pay period for an employee with less than 3 years of service; (2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than employee with 3 but less than 15 years of service; and (3) one day for each full biweekly pay period for an employee with 15 or more years of service. Employees who return to the Government service after an absence of no more than five years shall accrue leave at the rate accrued at the time of their most recent separation from Government service unless such rate was less than specified above. The word "employees" when used in this section shall include all personnel in the Government Service, including "officers". The word "service" when used in this section shall include periods of active military service of up to ten years in the Armed Forces of the United States and periods of up to 10 years of Federal Government service in the Virgin Islands. History: Amended July 18, 1968, No. 2311, § 4, Sess. L. 1968, Pt. II, p. 273; Feb. 12, 1969, No. 2437, § 3, Sess. L. 1969, p. 89; July 16, 1974, No. 3605, § 1, Sess. L. 1974, p. 203; Mar. 18, 1975, No. 3683, § 1, Sess. L. 1975, p. 15; Jan. 14, 1981, No. 4515, Sess. L. 1980, p. 253.

(a) Except as provided in section 41 of Title 2 of this Code, all officers and employees of the Government of the United States Virgin Islands, regardless of tenure are entitled to sick leave which accrues at the rate of one-half day for each full biweekly pay period. (b) Proof of sickness shall be subject to such regulations as the Governor may prescribe. (c) When required by serious disability or ailments or when the employee is the primary care giver of a seriously ill spouse, child, parent or any individual who is the legal dependent of the employee, up to 183 days sick leave may be advanced upon approval by the commissioner or head of an agency. (d) Sick leave which is not used by an employee accumulates for use in succeeding years. (e) Any employee of the government of the Virgin Islands who has accumulated sick leave shall retain all rights to such sick leave upon separation from one department, commission or branch of the Government of the United States Virgin Islands and being reemployed in another department, commission, or branch of the Government of the United States Virgin Islands; Provided, however, That not more than six months shall lapse between separation and reemployment. The provisions of this subsection shall apply if the employee is separated or separates from government service in order to enter the military service of the United States or to attend an institution of higher education except that in such case, not more than six months shall lapse between separation from the military service and reemployment with the Government of the United States Virgin Islands or failure to enroll for the next academic session of the institution of higher education and reemployment with the Government of the United States Virgin Islands. History: Amended Apr. 4, 1966, No. 1679, § 2, Sess. L. 1966, p. 149; July 18, 1968, No. 2311, § 5, Sess. L. 1968, Pt. II, p. 273; July 16, 1974, No. 3605, § 2, Sess. L. 1974, p. 203; Dec. 8, 1982, No. 4771, § 5, Sess. L. 1982, p. 247; Oct. 13, 1994, No. 6031, §§ 1, 2, Sess L. 1994, p. 231.

The Commissioner of Finance shall, in a manner he deems most appropriate, notify all officers and permanent employees of the Government of the United States Virgin Islands, on a monthly basis, regarding the amount of their accumulated sick leave and annual leave. History: Added Apr. 10, 1974, No. 3551, Sess. L. 1974, p. 79.

(a) Any employee of the Government of the Virgin Islands, including employees of the Legislature, the judicial branch, the University of the Virgin Islands, and all independent or semi-autonomous agencies and instrumentalities of the Government of the Virgin Islands, shall be eligible to receive donated sick or annual leave if the employee: (1) has completed at least one year of continuous employment with the Government of the Virgin Islands; (2) is suffering from a health condition including maternity or injury or when the employee is the primary care giver of a seriously ill spouse, child, parent or any individual who is the legal dependent of the employee which is expected to require a prolonged absence from work by the employee; and (3) has exhausted all accrued sick, annual and administrative leave and compensatory time off while absent on approved sick leave. (b) The Director of the Division of Personnel shall administer the donated leave program of the Government of the Virgin Islands. The Director of the Division of Personnel, or his designee, shall promulgate rules and regulations necessary to implement the provisions this section and maintain appropriate records of donated leave for all employees of the Government of the Virgin Islands. All donated annual leave shall be calculated on the basis of the donor's salary, whichever is less. (c) Any employee of the Government of the Virgin Islands may request that the Director of the Division of Personnel approve their participation in the program as a leave recipient or as a leave donor. The employee's supervisor may make a request on behalf of the employee for their participation in the program as a leave recipient. (1) The employee or supervisor requesting the employee's acceptance as a leave recipient shall submit to the Director of the Division of Personnel medical verification from a physician or other licensed health care provider concerning the nature and anticipated duration of the disability resulting from serious health condition or injury. (2) The Director of Personnel shall approve a leave request within 10 business days after the leave donor has complied with the requirements in paragraph (1). (3) When the Director of the Division of Personnel has approved an employee as a leave recipient, the Director of the Division of Personnel or the Director of the Department or Division where the employee works, or their designee, shall, with the employee's consent, post or circulate the employee's name along with those of other eligible employees In a conspicuous manner in the work place, to encourage the donation of leave time, and shall provide notice to the Department of Personnel of the employee donating leave. (i) If the employee is unable to consent to the posting or circulation, the employee's family may consent on their behalf. (d) A leave recipient must receive at least five sick days or annual days or a combination thereof from one or more leave donors to participate in the donated leave program. A leave donor shall donate only whole sick days or whole annual days to any one recipient. (1) A leave recipient shall not receive days on an retroactive basis. (2) A leave donor shall have at least 20 days of accrued sick leave and at least 12 days of accrued annual leave remaining when donating leave. (e) While using donated leave time, the leave recipient shall accrue sick leave and annual leave and shall be entitled to retain such leave upon their return to work. (1) Any unused donated leave shall be returned to the leave donor or donors on a prorated basis upon the leave recipient's return to work, except that if the proration of leave days results in less than one day per donor to be returned, the leave time shall not be returned. (2) Upon retirement, the leave recipient shall not be granted supplemental compensation for any unused sick days which they had received through the leave donation program. (f) Any employee shall be prohibited from threatening or coercing or attempting to threaten or coerce another employee for the purpose of interfering with rights involving donating, receiving or using donated leave time. Such prohibited acts shall include, but not be limited to, promising to confer or conferring a benefit such as an appointment or promotion or making a threat to engage in an act of retaliation against an employee. History: Added Oct. 13, 1994, No. 6031, § 6, Sess. L. 1994, p. 232; amended May 8, 1995, No. 6071, § 3, Sess. L. 1995, p. 188; June 18, 1996, No. 6105, § 2, Sess. L. 1996, p. 43; Jan. 5, 1998, No. 6190, § 3, Sess. L. 1997, p. 108; July 13, 2004, No. 6662, § 11, Sess. L. 2004, p. 19; Sept. 11, 2009, No. 7088, §§ 1(1.)-(3.), 2, Sess. L. 2009, p. 150; amended July 30, 2016, No. 7888, § 9(b), Sess. L. 2016, p. 113.

(a) In this section (1) "Director" means the Director of the Division of Personnel, or the Director's designee. (2) "Donated Sick Leave Bank" or "Bank" means a depository and system of accounting for voluntarily pooled and irrevocably donated accumulated personal sick leave and annual leave days that are collected for the purpose of providing sick leave to members of the program who have suffered a personal illness, surgery, disability or injury, and whose sick and annual leave are exhausted. (3) "Member" means an employee of the Government of the Virgin Islands, including employees of the Legislature, the judicial branch, the University of the Virgin Islands, and all independent or semi- autonomous agencies and instrumentalities of the Government of the Virgin Islands who participate in the Donated Leave Bank Program under this section. (b) There is established in the Division of Personnel "the Government Employees Donated Sick Leave Bank." In addition to participating in the donated leave program established in section 583b, an employee of the Government of the Virgin Islands, including employees of the Legislature, the judicial branch, the University of the Virgin Islands, and all independent or semi-autonomous agencies and instrumentalities of the Government of the Virgin Islands, may voluntarily donate the employee's unused sick leave and annual leave to the Government Employees' Leave Bank and may receive donated sick leave from the Bank as provided in this section. (1) Employee participation in the Donated Sick Leave Bank is voluntary. (2) An employee may donate sick and annual leave to the Bank and withdraw sick leave from the bank pursuant to this section and the rules and regulations promulgated by the Director which must not be inconsistent with this section. (3) The form and manner of application for use of leave from the Bank must be as prescribed by rules and regulation, subject to the limitations established in this section. (c) (1) A leave donor may not donate more than a total of one-half of the amount of annual leave which the leave donor would be entitled to accrue during the leave year in which the donation is made. However, the Director may, in special circumstances, waive the limitation of the amount of annual leave that can be donated by an employee under circumstances prescribed by rules and regulations. (2) A leave donor may not donate sick leave in excess of an amount that would leave the donor with less than 12 days of accrued sick leave. (3) The Director shall establish an initial equal, minimum amount of leave to be donated by each member to join the Bank, and equal amount to be assessed from time to time to each member as necessary to sustain the Bank. However, the amount to be assessed must be approved by majority vote of the members of the Bank within 60 days after the effective date of this section. (d) The value of the leave donated by a member is in the amount equal to the hourly rate of pay of the leave donor multiplied by the number of hours of annual leave donated. The Director shall convert the donated leave into cash value at the donor's rate of pay, shall re-convert the cash value to hours of leave at the recipient's rate of pay, and shall then credit the recipient's account. (e) Grants of sick leave from the Bank may be used for a catastrophic health condition or injury or any illness, injury, quarantine, or medical or mental condition, certified by a licensed physician which causes the employee to be absent from work for 10 working days or more. Grants of sick leave from the Bank may not be made to any member on account of elective surgery, illness of any member of the member's family, or during any period the member is receiving Workers Compensation. (f) Members of the Bank are eligible to make application to the Bank for sick leave only after having been a member of the bank for 30 business days or more. (g) A member may not receive any sick leave from the Bank until after having exhausted all accumulated sick and annual leave. (h) The Director shall act either affirmatively or negatively on all applications for sick leave from the Bank within ten business days after receipt of the application. (i) If a member is physically or mentally unable to make a request to the Bank for use of sick leave days, a family member or agent may file a request. (j) The Director may establish rules and regulations restricting the number of days which may be withdrawn from the Bank by one member on account of one illness. (k) The Director by rules and regulations shall establish criteria and procedures for appeal of a rejected initial request. However, the Director shall decide every appeal within 10 business days after the receipt of the appeal. (l) Grants of sick leave from the Bank may not be conditioned upon the direct repayment of days used or waiver of other employment benefits or rights provided by the applicable department, instrumentality or branch of the Government. (m) In the event the Bank is dissolved, the total number of days on deposit must be returned to the members and credited to their personal sick leave accumulation in proportion to the number of days each has contributed individually. Days returned under this section and credited to the individual participant's accumulation must be rounded to the nearest one-half day. (n) An employee who cancels participation in the Bank is not eligible to withdraw the sick or annual leave time the employee has contributed to the pool. (o) Upon termination, retirement, or death, neither a member nor the member's estate is entitled to payment for unused sick leave acquired from the Sick Leave Bank. (p) Any abuse of the use of the Sick Leave Bank must be investigated by the Director and the head of the Government department, instrumentality or branch of the alleged abusing member, and upon a finding of wrongdoing on the part of a member, the abusing member shall repay all sick leave days drawn from the Bank and is subject to other disciplinary action. History: Added Sept. 11, 2009, No. 7088, § 4, Sess. L. 2009, pp. 151-153; amended July 30, 2016, No. 7888, § 9(b), Sess. L. 2016, p. 113.

Temporary employees, except those engaged in construction work at hourly rates, are entitled to sick leave which accrues at the rate of one-fourth day for each week upon certification as provided in section 583 of this title. History: Amended July 18, 1968, No. 2311, § 5, Sess. L. 1968, Pt. II, p. 273.

(a) In the event that disability compensation is awarded to an employee of the Government of the United States Virgin Islands under the provisions of the Virgin Islands Workers' Compensation Administration Law, the injured employee is entitled to receive from the employing unit, for a period not to exceed ninety (90) days, compensation in such amount which when added to the amount of the disability award would provide the employee with the same basic pay that he would have received if he had not been injured. (b) Any employee of the Government of the United States Virgin Islands who is unable to work due to an injury which may be compensable under the Virgin Islands Workers' Compensation Administration Law, may elect to continue to receive his full wages for a period of time not exceeding his accumulated leave time. In the event that the Commissioner of Labor awards disability compensation payments for this injury for the period of time, not to exceed ninety (90) days, that the above-mentioned wages had been continued, this award shall be paid to the employing unit and the employee's accumulated leave time will not be affected by the time taken. In the event that no temporary disability compensation payments are awarded by the Commissioner of Labor these wage payments will be charged to leave in the normal manner. (c) The ninety (90) day limitation imposed under subsections (a) and (b) of this section does not apply in any case where the compensable injury was proximately caused either by the reckless or willful conduct of another person or by an act of God; Provided, however, That the employee did not unlawfully provoke the reckless or willful misconduct and was engaged in the direct course of his employment at the time of the cause of the injury. (d) (1) Notwithstanding any other provisions of this Code, any member of the police force, any member of the Virgin Islands Fire Service, any corrections officer, including any corrections officer employed by the Department of Human Services, firemen of the Virgin Islands Port Authority, probation officer of the judicial branch or civilian employee of the Bureau of Corrections, and the Youth Rehabilitation Center of the Department of Human Services, any Virgin Islands marshal and probation officer of the Superior Court, and any volunteer fireman or Virgin Islands Territorial Emergency Management Agency worker who is a government employee, who, through no fault or misconduct on his part, is disabled by injuries received in the discharge of his duties as a policeman, fireman, corrections officer, including any corrections officer employed by the Department of Human Services, firemen of the Virgin Islands Port Authority, probation officer of the judicial branch or civilian employee of the Bureau of Corrections, and the Youth Rehabilitation Center of the Department of Human Services, marshal, volunteer fireman or Virgin Islands Territorial Emergency Management Agency worker; or who, as a result of illness attributable to such duties, shall, upon recommendation of the Police Commissioner, the Director of the Virgin Islands Fire Service, the Director of the Bureau of Corrections, the Commissioner of Human Services, or the Chief Justice of the Supreme Court, whichever is applicable, and when certified by a duly licensed physician or physicians designated by said Commissioner, Director or Chief Justice of the Supreme Court, stating that said policeman, fireman, corrections officer, including any corrections officer employed by the Department of Human Services, firemen of the Virgin Islands Port Authority, probation officer of the judicial branch or civilian employee of the Bureau of Corrections, and the Youth Rehabilitation Center of the Department of Human Services, marshal, volunteer fireman or Virgin Islands Territorial Emergency Management Agency worker is physically or mentally incapacitated for the performance of his police, fire, corrections or marshal duty, or other duty in the case of a volunteer fireman or Virgin Islands Territorial Emergency Management Agency worker, be paid the full amount of his regular compensation or wages until his disability arising therefrom has ceased, or until such time as such physician or physicians shall certify to the Police Commissioner, the Director of the Virgin Islands Fire Service, the Director of the Bureau of Corrections, the Commissioner of Human Services, or the Chief Justice of the Supreme Court, whichever is applicable, that said person has recovered and is physically fit to perform his duties or that such person is permanently disabled and unfit to perform such duties and shall recommend that said person be retired from government services as provided by law. The provisions of this subsection shall apply equally to nurses and nonprofessional personnel of the Department of Health whose duties primarily require their physical presence on duty in the Neuro- Psychiatric Unit of a government hospital; Provided, however, That in the case of said Department of Health employees, recommendations shall be made by and certifications shall be made to the Commissioner of Health. (2) A psychological evaluation shall be administered to an employee described in paragraph (1) of this subsection upon the recommendation of the employee's supervisor or the person in charge of the respective agency. (A) The evaluations, counseling and treatment shall be administered by a professional in the field of psychology or psychiatry at a location away from the place of employment. (B) The employer shall be responsible only for the cost of the evaluation. (C) If the evaluation authorized under this paragraph recommends counseling or other treatment for the employee's condition, the employer may not discharge from employment or discipline the employee as a result of the employee's receiving counseling or treatment. History: Added July 18, 1968, No. 2313, § 2, Sess. L. 1968, Pt. II, p. 286; amended Apr. 15, 1971, No. 2987, Sess. L. 1971, p. 107; Aug. 1, 1977, No. 4031, Sess. L. 1977, p. 182; Jan. 18, 1978, No. 4085, § 2, Sess. L. 1978, p. 7; Feb. 14, 1980, No. 4405, § 1, Sess. L. 1980, p. 9; Mar. 7, 1980, No. 4413, § 1, Sess. L. 1980, p. 23; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Dec. 29, 1986, No. 5233, § 8, Sess. L. 1986, p. 414; Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254; June 30, 2000, No. 6353, § 11, Sess. L. 2000, p. 84; June 5, 2001, No. 6404, § 1, Sess. L. 2001, p. 24; May 28, 2005, No. 6732, § 18 1., 2., Sess. L. 2005, p. 154; amended July 30, 2016, No. 7888, §§ 9(a), 11, Sess. L. 2016, p. 113.

A veteran shall be excused from his duties without loss of pay or deduction from annual leave for the time necessary, not to exceed four hours in any one day, to enable him to participate as an active pallbearer or as a member of a firing squad or a guard of honor in a funeral ceremony for a member of the armed forces of the United States whose remains are returned from abroad for final interment in the Virgin Islands. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; Mar. 22, 1966, No. 1635, Sess. L. 1966, p. 105; July 18, 1968, No. 2311, § 5, Sess. L. 1968, Pt. II, p. 273.

An employee shall be excused from his duties without loss of pay or deduction from annual leave for the time required for jury service in the Superior Court or the District Court of the Virgin Islands. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; July 18, 1968, No. 2311, § 5, Sess. L. 1968, Pt. II, p. 273; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

Service (a) Whenever any civilian officer or employee of the government of the Virgin Islands entitled to leave under sections 581 - 584 of this title is separated from the Service with or without prejudice he shall be paid compensation in a lump sum for all accumulated and current accrued annual or vacation leave to which he is entitled under existing law. Such lump-sum payment shall equal the compensation that such officer or employee would have received had he remained in the Service until the expiration of the period of such annual or vacation leave. (b) The lump-sum payment authorized by this section shall not be regarded, except for purposes of taxation, as salary or compensation and shall not be subject to retirement deductions.

(a) There is hereby established in the Treasury of the Virgin Islands a special non-lapsing fund designated and known as the "Annual Leave Lump Sum Separation Fund". The Commissioner of Finance shall maintain and provide for the administration of the fund as a separate and distinct fund in the Treasury and no monies shall be available for expenditure therefrom except as provided in this section. (b) The fund shall be used exclusively for the payment of accumulated annual leave. (c) The fund shall consist of an annual appropriation by the Legislature inclusive of the estimated annual leave separation liability for the Executive, Legislative and Judicial branches of the Government of the Virgin Islands as processed in the ERP-HR Module. (d) Monies shall be disbursed from the Annual Leave Lump Sum Separation Fund by the Commissioner of Finance, upon authorization and direction of the Director of Personnel after the Separation Personnel Action is processed in the ERP-HR Module. (e) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Annual Leave Lump Sum Separation Fund and shall submit quarterly reports to the Governor and the Legislature on the status of the fund. History: Added Jan. 31, 2014, No. 7580, § 1, Sess. L. 2014, p. 3.

By Leave Payment If any officer or employee paid under section 587 of this title is reemployed in the Government Service under the same leave system prior to the expiration of the period covered by such leave payment, he shall refund to the Government an amount equal to the compensation covering the period between the date of re-employment and the expiration of such leave period, and the amount of leave represented by such refund shall be credited to him.

Deceased Personnel Upon the death of any civilian officer or employee of the Government of the United States Virgin Islands, compensation for all his accumulated and current accrued annual or vacation leave in a lump sum equal to the compensation that such officer or employee would have received had he remained in the Service until the expiration of the period of such annual or vacation leave, shall be paid, upon the establishment of a valid claim therefor- (1) to the beneficiary or beneficiaries, if any, lawfully designated by such officer or employee; or (2) if there be no such designated beneficiary or beneficiaries, to the following first person or persons who are alive on the date title to the payment arises- (A) to the widow or widower; (B) if there be neither of the above, to the child or children in equal shares, with the share of any deceased child distributed among the descendants of that child; (C) if there be none of the above, to the parents in equal shares or the entire amount to the surviving parent; or (D) if there be none of the above, to the duly appointed legal representative of the estate of the deceased employee, or if there be no such representative, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased employee.

All personnel of the Government of the United States Virgin Islands, including personnel of authorities, independent boards, agencies, and other instrumentalities of the Government of the United States Virgin Islands, who are members of an active reserve unit of any branch of the armed services of the United States, shall in addition to any accrued leave be entitled to administrative leave with pay for time spent in mandatory attendance at annual reserve summer training encampment, and at regular drills and training sessions conducted throughout the year. History: Added May 16, 1957, No. 160, § 21, Sess. L. 1957, p. 26; amended Jan. 27, 1967, No. 1842, Sess. L. 1967, p. 10; Apr. 15, 1971, No. 2990, Sess. L. 1971, p. 109.

(a) All personnel of the Government of the Virgin Islands, including personnel of authorities, independent boards, agencies, and other instrumentalities of the Government of the Virgin Islands, who are American Red Cross volunteers and certified in disaster relief services, and upon the request of the American Red Cross, may be granted administrative leave, not to exceed twenty (20) work days annually, to participate in specialized disaster relief services conducted by the American Red Cross. While on administrative leave with the American Red Cross, any other leave or seniority accrued by the employee shall not be affected. (b) All personnel of the Government of the Virgin Islands, including personnel of authorities, independent boards, agencies, and other instrumentalities of the Government of the Virgin Islands who are American Red Cross volunteers and certified in disaster relief services, and upon the request of the American Red Cross, shall, in addition to any other leave for which they may be eligible, be granted administrative leave with pay for the purpose of receiving training from the American Red Cross. History: Added May 8, 1995, No. 6071, § 1, Sess. L. 1995, p. 187.

(a) This section may be cited as The Caregivers Leave Act. (b) All fulltime employees of the Government of the Virgin Islands, including employees of independent boards, commissions, agencies, autonomous and semi-autonomous agencies, and instrumentalities of the Government of the Virgin Islands who are the primary caregiver of a seriously ill spouse, child, parent, or any individual who is the legal dependent of that employee, or who has been entrusted with or assumed responsibility for the care of an "older adult" as defined in section 452(k) of title 34 Virgin Islands Code or a "dependent adult" as defined in section 452(j) of title 34 Virgin Islands Code, are entitled to four hours administrative leave per month, each calendar year to perform caregiving duties. Full-time employees of beneficiaries under the Industrial Development Program, and employees of employers who receive benefits under Act No. 4740 who are the primary caregiver of a seriously ill spouse, child, parent, or any individual who is the legal dependent of that employee are entitled to two hours leave per month, each calendar year, to perform caregiving duties. (c) To be eligible for caregiver's leave, not more than 48 hours after the absence, the caregiver shall submit proof to the caregiver's employer that the time off was taken in accordance with the criteria set forth in subsection (b). Failure to submit the proof is sufficient cause for the employer to not pay the caregiver for the time not worked. (d) The director of the Division of Personnel shall promulgate regulations as necessary to carry out the purpose of this section. History: Added Mar. 30, 2016, No. 7870, § 2, Sess. L. 2016, p. 69, 70; amended Nov. 25, 2025, No. 9064, § 1, Sess. L. 2025, p. -.

State of Emergency (a) Whenever the Territory of the Virgin Islands is facing a medical pandemic, a territorial state of emergency, an endemic, a federal public health emergency, or a medical state of emergency is declared by the Governor of the Virgin Islands, all personnel of the Government of the Virgin Islands, including personnel of authorities, independent boards, agencies, and other instrumentalities of the Government of the Virgin Islands, who are first responders or medical personnel, inclusive of support staff, or essential employees of the Department of Labor, Department of Finance, and the Bureau of Internal Revenue, in addition to any accrued leave, are entitled to administrative leave with pay for up to eighty hours if they are unable to work in their respective areas or from home due to: (1) showing symptoms and requiring diagnosis; (2) being quarantined by the Government of the Virgin Islands or a healthcare provider; (3) experiencing conditions substantially similar to the immediate medical pandemic territorial state of emergency, endemic, federal public health emergency, or medical state of emergency; (4) experiences acute health issues or discomfort that appears to be linked to the time spent in employees' place of employment, but no specific illness or cause can be determined; or (5) has any exacerbation of a confirmed pre-existing condition. (b) The section applies only during the medical pandemic endemic, federal public health emergency, or territorial state of emergency. History: Added Aug. 11, 2020, No. 8327, § 1, Sess. L. 2020, p. 87; amended July 20, 2022, No. 8578, § 8(a) (1)-(3), (b), Sess. L. 2022, p. 156.

Any employee of the Government of the United States Virgin Islands in the classified service who, while so employed, is elected to the Legislature of the Virgin Islands, is entitled to return to the classified service upon his termination from the Legislature. Such employee shall be returned to the classified service within fifteen days after his written notice to the Director of Personnel of his intent to return; Provided, That such written notice is given to the Director within six months after such employee's termination from the Legislature. An employee who elects to return to the classified service pursuant to this section shall retain the rights and privileges of his employment accrued prior to his election to the Legislature including, but not limited to, sick leave, annual leave, tenure, and rights to promotion. The employee shall be returned to the classified service in a position not less than the grade and position he held prior to his service in the Legislature. History: Added Dec. 8, 1982, No. 4771, § 6, Sess. L. 1982, p. 247.

Position (a) Any police officer in the classified service who, while so employed, is selected for unclassified service, is entitled to return to the classified service upon his termination from unclassified service within fifteen days after his written notice to the Director of Personnel of his intent to return to classified service; provided that such written notice is given to the Director within six months after such employee's termination from unclassified service. A police officer who elects to return to the classified service pursuant to this section shall retain the rights and privileges of his employment accrued prior to his unclassified service including, but not limited to, sick leave, annual leave, tenure, and rights to promotion. The employee shall be returned to the classified service in a position not less than the grade and position he held prior to his unclassified service. (b) A peace officer, firefighter or corrections officer who accepts a position within the respective officer's department or in another department or agency of the Government which is in the unclassified service and which is higher in rank than the classified position, and who subsequently elects to return to classified rank of service must be given full credit for all the time served in the unclassified service, and the time served must be added to the prior time in the classified service for salary and seniority purposes. (c) A peace officer who accepts a position in the executive security service and subsequently elects to return to classified rank of service must be given full credit for all the time served in the executive security service, and the time served must be added to prior time in the classified service for salary and seniority purposes. (d) This section may not be construed as requiring the payment of any retroactive wages that might have accrued while the officer was serving in the unclassified service or the executive security service, as the case may be. History: Added Aug. 18, 1992, No. 5806, § 7, Sess. L. 1992, p. 112; amended Sept. 11, 2009, No. 7088, § 3, Sess. L. 2009, p. 150.

(a) With the exception of employees funded by federal monies and those exempted in section 5, subsection (a) of Act No. 7261, any employee who has accumulated five or more years of government service may take up to two years, but not less than one year of Voluntary Leave Without Pay for any purpose whatsoever without losing seniority and shall have the right to return to his employment. (b) During the period that the employee is on Voluntary Leave Without Pay, the Government in addition to paying the employer's share of contributions to the Health Insurance and Government Employees Retirement System (GERS) shall also pay the employee's share to both the Health Insurance and GERS. (c) During the period of Voluntary Leave Without Pay the employee may not accumulate annual leave or sick leave. (d) Voluntary Leave Without Pay may be taken only once during the employee's employment with the Government, based on the approval of the agency or department head, and may not be combined with any other kind of leave. (e) Notwithstanding subsection (a), any employee who elects to take voluntary leave without pay must give the agency head thirty (30) days notice and must return to work on or before October 1, 2016. Participation in Voluntary Leave Without Pay is subject to the approval of the Agency or Department head. History: Added July 5, 2011, No. 7261, § 11, Sess. L. 2011, pp. 91, 92; amended July 26, 2011, No. 7270, § 2(8.)(i), (ii), Sess. L. 2011, p. 133; amended Oct. 15, 2013, No. 7523, § 3(1), (2), Sess. L. 2013, p. 126.

and Personal Effects (a) There is hereby authorized to be paid from the appropriations of the several departments, the expenses of travel of new appointees recruited from outside or within the Virgin Islands and their immediate families and expenses of transportation of their household goods and personal effects from places of actual residence outside or within the territorial limits of the Virgin Islands and for such expenses on return of such employees and their families from their post of duty to the places of their actual residence at time of appointment. Any employee who for the convenience of the Government of the United States Virgin Islands is transferred, promoted or otherwise reassigned from one duty station to another duty station within the Virgin Islands shall also be entitled to reimbursement as provided herein. (b) Such expenses of travel and transportation, as provided in subsection (a) of this section, shall not be allowed until and unless the person selected for appointment shall agree in writing to remain in the Government Service for 12 months following his appointment, unless separated for reasons beyond his control and acceptable to the department concerned. In case of violation of such agreement any monies expended by the Government of the United States Virgin Islands shall be recoverable from the individual concerned as a debt due the Government. (c) Expenses of return travel and transportation upon separation from the service shall be allowed whether such separation is for the purposes of Government or for personal convenience. Provided, that such expenses shall not be allowed unless such persons shall have served a minimum period of not less than one or more than three years prescribed in advance by the head of the department or agency concerned or unless separation is for reasons beyond the control of the individual and acceptable to the department or agency concerned. (d) Expenses incurred hereunder shall not exceed $2,000 in any individual case unless approved by the Governor of the Virgin Islands. History: Amended June 14, 1961, No. 755, Sess. L. 1961, p. 102; Oct. 27, 1961, No. 777, § 1, Sess. L. 1961, p. 223; Mar. 5, 1963, No. 950, Sess. L. 1963, p. 167; Oct. 8, 1987, No. 5283, § 10, Sess. L. 1987, p. 138.

Any officer or employee who is granted study leave under section 585 of this title shall be entitled to the payment, by the government, of all necessary travel and incidental expenses with respect thereto, in accordance with the Standard Travel Regulations in the Virgin Islands.

Plan; Advisory Committee (a) The responsibility for the proper operation of the Government health insurance plan, which plan shall for purposes of this subchapter also include and authorize a life insurance plan, and for making effective the provisions of this subchapter is hereby vested in a board of trustees. The members of the Government Employees' Service Commission shall serve ex officio as the Health Insurance Board of Trustees (hereinafter in this subchapter referred to as the "Board"). Trustees shall receive $20 for each day or part thereof spent in work of the Board, but no member shall receive more than $500 in any fiscal year. Trustees shall also be reimbursed for all necessary expenses that they may incur through service on the Board. (b) The Board, subject to the provisions of this subchapter, is hereby empowered to adopt rules and regulations relating to: (1) the eligibility of (a) active and (b) retired employees of the Government of the United States Virgin Islands to participate in the health insurance plan authorized by this subchapter, (2) the terms and conditions of the insurance contract or contracts, as applied to (a) active employees and (b) retired employees, (3) the purchase of such insurance contract or contracts and the administration of the health insurance plan, and (4) contracting with a third party administrator to administer a self-funded health insurance plan. (c) The Board shall create an advisory committee of seven (7) members, which shall meet at least twice each year to advise and assist the Board in carrying out its functions and responsibilities under this subchapter and to review from time to time the health insurance plan. One of such members shall be the Director of the Office of Management and Budget; one shall be the Commissioner of Health; one shall be the Director of the Personnel; one shall be the Chief Executive Officer of the Roy L. Schneider Hospital; one shall be the Chief Executive Officer of the Juan F. Luis Hospital and the remaining three members shall be appointed by the Board for terms of two years. Two of such members appointed by the Board shall be employees enrolled in the health insurance plan. The committee shall select one of its members as chairman. History: Amended June 10, 1959, No. 454, § 1, Sess. L. 1959, p. 62; June 15, 1961, No. 761, Sess. L. 1961, p. 108; Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52; added Sept. 4, 1970, No. 2816, § 1, Sess. L. 1970, p. 306; Oct. 27, 1976, No. 3899, § 2, Sess. L. 1976, p. 215; Mar. 19, 1998, No. 6213, § 2(a), Sess. L. 1998, p. 209; June 18, 2001, No. 6415, § 8, Sess. L. 2001, p. 43; Dec. 1, 2001, No. 6480, § 5(b), Sess. L. 2001, p. 339.

(a) The Board, with the approval of the Governor and the Legislature, is hereby authorized and directed to establish a health insurance plan which may be self-funded, for Government officers and employees and their dependents which, subject to the conditions and limitations contained in this subchapter, and in the rules and regulations of the Board, will provide for group hospitalization, surgical, dental, and medical insurance against the financial costs of hospitalization, surgery, dental and medical treatment and care, disability and death benefits; and may include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits and dental and medical expense indemnity benefits. (b) Such health insurance shall not include expenses incurred by or on account of an individual prior to the effective date of the plan as to him; eye glasses, hearing aids and examinations for the prescription of the fitting thereto, except for a voluntary benefit program; cosmetic surgery or treatment except to the extent necessary for the correction of damage caused by accidental injury while covered by the plan or as direct result of the diseases covered by the plan; services received because of illness or injury arising out of or in the course of employment and entitling the individual to benefit under a worker's compensation administration or occupational disease law; services received in a hospital owned or operated by the United States Government for which no charge is made; services received for injury or sickness due to war or any act of war whether declared, or undeclared, which war or act shall have occurred after the effective date of this plan; expenses for which the individual is not required to make payment; expenses to the extent of benefits provided under any employer group plan other than this plan, and such other expenses as may be excluded by regulations of the Board. (c) The health insurance plan shall be designed by the Board (1) to provide a reasonable relationship between the hospital, surgical, dental, and medical benefits to be included, and the expected distribution of expenses of each such type to be incurred by the covered employees and dependents, and (2) to include reasonable controls, which may include deductible and coinsurance provisions applicable to some or all of the benefits to reduce unnecessary utilization of the various hospital, surgical, dental, and medical services to be provided and to provide reasonable assurance of stability in future years of the plan, and (3) to provide benefits on a nondiscriminatory basis to the extent possible, to active members. History: Added Sept. 4, 1970, No. 2816, § 1, Sess. L. 1970, p. 307; amended Oct. 20, 1981, No. 4654, § 2(a)-(c), Sess. L. 1981, p. 271; Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254; Mar. 19, 1998, No. 6213, § 2(b), Sess. L. 1998, p. 210; Sept. 29, 2006, No. 6867, § 1, Sess. L. 2006, pp. 225, 226.

(a) The Board, with the approval of the Governor and the Legislature, is hereby authorized and directed to establish a self-funded health insurance plan or to purchase a contract or contracts to provide benefits under a health insurance plan in accordance with the provisions of this subchapter. Such self-funded health insurance plan may be contracted with a third party administrator and the contract or contracts shall be purchased from one or more corporations licensed to transact insurance business in the Virgin Islands. All the benefits to be provided under this subchapter shall be included in the self-funded health insurance plan or may be included in one or more contracts, or the benefits may be classified into different types with each type included under one or more contracts issued by the same or different companies. However, the Board in any case shall require, under the contract, that the health insurance contractor at least establish and maintain: (1) a paperless claims system or a claims system that does not require paper forms to be used; (2) a claims office located in the Virgin Islands; (3) a toll free telephone number so that plan participants can have questions answered concerning covered claims and the cost of services; and (4) a contract with a Preferred Provider Organization (PPO) in the Virgin Islands. (b) The Board shall assess the Government insurance programs on an annual basis and may recommend continuation of a self-funded health insurance plan or renewal of the contracts in force subject to approval by the Governor and the Legislature and appropriation of any increase in funds by the Legislature. At least once every five years, however, the Board shall invite proposals from all interested and qualified insurers desiring to provide insurance coverage authorized by this subchapter at least 180 days prior to the termination of the existing contract. The Board shall enter into an agreement to purchase a contract with such an insurer(s) and submit the agreement to the Governor and the Legislature not less than 120 days before the termination of the existing contract. The Governor shall review the agreement and approve or disapprove the same. If approved, the Governor shall submit the agreement to the Legislature not less than 60 days before the termination of the existing contract and the Board shall appear and present the agreement and furnish to the Legislature or any of its committees, such information, records, and documents as the Legislature or any committee may consider necessary or proper to carry out the Legislature's mandate under section 632(a). If disapproved, the Governor shall return the agreement to the Board with recommendations for renegotiation not more than 30 days after his receipt of the agreement and shall so notify the Legislature. The Board may at its discretion invite proposals on a more frequent basis, but any recommendation to change insurer(s) will be done in conformance with the procedures and time frames listed above. Nothing herein shall be construed as requiring the Government to change its insurance carrier if, as a result of the proposals, the Government determines to renew the existing contracts. (c) The Board, with the approval of the Governor and the Legislature, may arrange with any corporation, licensed to transact insurance business in the United States Virgin Islands, issuing any such contract to reinsure portions of such contract with any other such corporation which elects to be a reinsurer and is legally competent to enter into a reinsurance agreement. (d) The Board, with the approval of the Governor and the Legislature, may designate one or more of such corporations as the administering corporation or corporations. (e) Each employee who is covered under any such contract or contracts shall receive a certificate setting forth the benefits to which the employee and his dependents are entitled thereunder, to whom such benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the contract principally affecting the employee and his dependents. Such certificate shall be in lieu of the certificate which the corporation or corporations issuing such contract or contracts would otherwise issue. (f) The corporations eligible to participate as reinsurers, and the amount of coverage under the contract or contracts to be allocated to each issuing corporation or reinsurer, may be redetermined by the Board for and in advance of any contract year after the first year on a basis consistent with subsection (c) of this section, and with any modifications thereof it deems appropriate to carry out the intent of such subsection. (g) The Board shall not approve any contract or contracts for the fiscal year commencing July 1, 1970, which would require an expenditure by the Government in excess of the amount appropriated for that purpose. (h) The Board, with the approval of the Governor and the Legislature, may, on June 30, 1971, or anytime thereafter, discontinue any contract or contracts it has purchased from any corporation or corporations and replace it or them with a contract or contracts in any other corporation or corporations meeting the requirements of this section. History: Added Sept. 4, 1970, No. 2816, § 1, Sess. L. 1970, p. 308; amended Oct. 20, 1981, No. 4654, § 2(d), Sess. L. 1981, p. 272; Apr. 6, 1988, No. 5337, § 3, Sess. L. 1988, p. 126; Dec. 28, 1988, No. 5402, § 3, Sess. L. 1988, p. 388; July 26, 1990, No. 5586, § 3, Sess. L. 1990, p. 252; Feb. 4, 1998, No. 6201, § 4, Sess. L. 1998, p. 27; Mar. 19, 1998, No. 6213, §§ 2(c), (d), Sess. L. 1998, p. 210; May 29, 1998, No. 6232, § 9, Sess. L. 1998, p. 369; Sept. 30, 2008, No. 7023, § 3, Sess. L. 2008, p. 258; Sept. 27, 2010, No. 7199, § 5, Sess. L. 2010, p. 185; amended Dec. 14, 2012, No. 7458, § 7(b)(1), Sess. L. 2012, p. 415; amended Mar. 27, 2015, No. 7729, § 1, Sess. L. 2015, p. 11.

(a) All persons in the service of the Government of the United States Virgin Islands, the University of the Virgin Islands, the Virgin Islands Waste Management Authority, and the Virgin Islands Port Authority, whether elected, appointed or employed, shall participate in the health insurance plan, provided, unless they can provide annual proof to the Government of the Virgin Islands Health Insurance Board that they are covered by a recognized health insurance plan; provided, however, that the Board may adopt such rules and regulations as it may deem appropriate to exclude temporary, part-time and intermittent employment. (b) Any person employed by a not for profit corporation which has been funded 75% or more each year from federal or local government funds shall be eligible to participate in the health insurance plan. (c) The contract or contracts shall provide for health insurance for retired employees of the Government and their spouses and dependent children and surviving spouses of retirees who receive a retirement annuity based on the selection of the deceased retiree as defined by the rules and regulations of the Board. (d) The Board shall adopt rules and regulations prescribing the conditions under which an employee or retired employee may elect to participate in or withdraw from the plan. (e) Notwithstanding any provision of this Code, any member, upon withdrawal from government service on or after October 1, 1959, shall be entitled to all available benefits including, but not limited to, health insurance, life insurance, annuity benefits, and disability benefits. (f) The Board shall reconcile its Group Insurance Program records every ninety (90) days to exclude non- eligible persons. History: Added Sept. 4, 1970, No. 2816, § 1, Sess. L. 1970, p. 309; amended July 11, 1985, No. 5081, § 5, Sess. L. 1985, p. 81; Apr. 6, 1994, No. 5966, § 12, Sess. L. 1994, p. 36; Apr. 6, 1998, No. 6225, § 1, Sess. L. 1998, p. 238; Aug. 23, 1999, No. 6289, § 14, Sess. L. 1999, p. 74; June 21, 2002, No. 6503, § 16, Sess. L. 2002, p. 272; Apr. 7, 2004, No. 6645, § 3, Sess. L. 2004, p. 4; Aug. 12, 2004, No. 6679, § 5, Sess. L. 2004, p. 155.

Each employee shall be entitled to have his spouse and dependent children, as defined by the rules and regulations of the Board, included in the coverage upon agreeing to pay his contribution to the cost of such coverage for such dependents. The Board shall adopt rules and regulations governing the discontinuance and resumption by employees of coverage for dependents. History: Added Sept. 4, 1970, No. 2816, § 1, Sess. L. 1970, p. 309.

(a) The health insurance coverage of any employee and his dependents, if any, shall cease upon the discontinuance of his term of office or employment, subject to rules and regulations which may be prescribed by the Board for extension of coverage and for conversion to an individual contract providing for such of the benefits provided under this subchapter as may be provided under such individual contracts, under terms approved by the Board, the total cost of any such contract to be borne by the employee. (b) In the event of death of an employee having coverage at the time of death for himself and his dependents, and where the circumstances of death are such that beneficiaries or dependents of such deceased employee are entitled to an accidental death benefit payable by the retirement system on account of death resulting from an accident sustained in the performance of his duties or to death benefits provided for under the workers' compensation administration law, the unremarried spouse of such employee covered at the time of his death and his covered dependents, for so long as they would otherwise qualify as dependents eligible for coverage under the rules and regulations of the Board, shall be eligible to continue full coverage under the health insurance plan upon payment at intervals determined by the Board of the full cost of such coverage. The Board shall adopt such rules and regulations as may be required to carry out the provisions of this subsection which shall include, but need not be limited to, provisions for filing application for continued coverage, including reasonable time limits therefor, and provisions for continued coverage of spouse and dependents pending determination for an application for accidental death benefits from the retirement system or pending determination of a claim for death benefits under the workmen's compensation law. History: Added Sept. 4, 1970, No. 2816, § 1, Sess. L. 1970, p. 310; amended Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254.

Any benefits payable under the plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based, or to the covered employee, upon presentation of valid bills for such services, subject to such provisions to facilitate payment as may be made by the Board. History: Added Sept. 4, 1970, No. 2816, § 1, Sess. L. 1970, p. 310.

(a) The Board shall recommend an amount of contribution that shall be paid by the Government as the cost of a portion of the premium or subscription charge for the active or retired employee and their dependents who are enrolled in the health insurance plan established pursuant to this subchapter; provided, however, that no such recommended amount of contribution shall be effective unless approved by law. (b) Contributions required to be paid by an active or retired employee of the Government for his coverage and the coverage of his dependents, if any, shall be deducted from his salary payments or from his retirement annuity payments by the Commissioner of Finance. (c) Notwithstanding any other law to the contrary, the Division of Personnel may make straight payments of the Health Insurance premiums under subsection (a) to the Government of the Virgin Islands Health Insurance provider. History: Added Sept. 4, 1970, No. 2816, § 1, Sess. L. 1970, p. 311; amended Nov. 15, 1971, No. 3143, § 1, Sess. L. 1971, p. 379; Nov. 7, 1983, No. 4877, § 102, Sess. L. 1983, p. 216; June 28, 1991, No. 5714, § 2, Sess. L. 1991, p. 47; amended Aug. 13, 2014, No. 7643, § 5, Sess. L. 2014, p. 222.

(a) Any employees of the Government of the United States Virgin Islands located outside the Virgin Islands may purchase insurance as a group to cover costs of hospitalization, surgery, and other medical services, and to cover death and disability, in accordance with a plan or plans adopted by them. The Government shall pay one half (1/2) of the cost to each participating employee of any such plan or plans approved by the Governor. The remaining one half (1/2) of the cost to each employee shall be paid by the employee. (b) Any insurance plan adopted under subsection (a) of this section shall be filed with the Director of Personnel and the commissioner of Finance by the participating employees. (c) With respect to any plan or plans of group insurance established under subsection (a) of this section, the Commissioner of Finance shall deduct from the salary of each participating employee such amount as is necessary to cover the cost of the plan to the employee for the payment of insurance premium written on the group plan or plans, and transmit the sum so deducted, together with the Government's portion of the costs, to the company carrying the insurance. History: Added Feb. 5, 1969, No. 2383, § 1; amended Sept. 4, 1970, No. 2816, § 3, Sess. L. 1970, p. 312.

If the Health Insurance Board, as created by this subchapter, does not, prior to December 31, 1971, implement a health insurance plan in accordance with the provisions of this subchapter; then and in that event, any group or groups of Government employees may propose a health insurance plan or plans to the Governor and the Legislature. When such plan or plans have been approved by the Governor and the Legislature, the Government shall contribute to the cost thereof in accordance with section 638 of this chapter. History: Added Nov. 15, 1971, No. 3143, § 2, Sess. L. 1971, p. 379.

(a) Notwithstanding any other law, the Board may establish and maintain a separate operating bank account to be known as the "Health Insurance Special Projects Fund" ("the Fund"). The Board shall provide for the administration of the Fund and shall promulgate rules and regulations governing expenditures from the Fund, consistent with the provisions of this section. (b) At its inception, the Health Insurance Special Projects Fund revenues shall consist of any residual amounts remaining from any previously existing Special Projects Funds established pursuant to any expired health insurance contract between the Government and the its health insurers, and the return of funds on deposit pursuant to the Government health insurance self funded pharmaceutical arrangement. (c) Revenues to the Fund shall consist of amounts appropriated by the Legislature and amounts consistent with the provisions of this section. Annually and within (30) thirty days of the beginning of each fiscal year after the inception of the Fund, the Legislature shall appropriate the sum of $275,000 to be deposited into the Fund, in conjunction with and as a part of the annual appropriation for the Government health insurance premiums. (d) The Fund shall be reconciled at least quarterly. Within sixty (60) days of the beginning of each operating year following the inception of the Fund, the Chairperson of the Board shall submit to the Governor and the Legislature an annual report summarizing the expenditures from the Fund during the previous operating year. The report shall be accompanied by an annual reconciliation of the Fund indicating the balance in the Fund at the close of the operating year. Any amounts remaining at the end of the annual reconciliation of the Fund in excess of $275,000 shall within thirty (30) days of the reconciliation, be returned to the Treasury of the Government of the Virgin Islands, to be deposited into the Health Insurance Fund. (e) The Chairperson of the Board, or his designee or designees shall be empowered to expend money from the Fund. (f) Monies in the fund shall be expended for expenses, including operating costs and expenses of the Board not otherwise provided for by the operating budget of the Division of Personnel, or other costs and expenses associated with the administration of the group insurance program as may be considered necessary and as duly authorized by the Board. History: Added Sept. 18, 2002, No. 6560, § 4, Sess. L. 2002, p. 479.

(a) The Commissioner of Finance may deduct from the salary of any officer or employee of the Government of the United States Virgin Islands or instrumentality thereof such amounts as such officer or employee authorizes in writing filed with the Commissioner, for (1) the purchase, on behalf of such officer or employee, of United States Saving Bonds; or (2) payment of any indebtedness due to the Government of the United States Virgin Islands or any instrumentality thereof, including income tax liability, hospital or medical bills, and loans; or (3) for any other purpose, including payments to credit unions of such officer and employees, which the Governor shall find to be consistent with the public interest and the convenience of the Government and such officers and employees. (b) The Commissioner of Finance may make and issue such rules and regulations governing the purchases referred to in subsection (a) of this section as he deems necessary, which shall be incorporated in the officer's or employee's written authorization. History: Amended Sept. 18, 1967, No. 2044, Sess. L. 1967, p. 438.

Purchase Bonds Any officer or employee who files with the Commissioner of Finance the authorization referred to in section 641 of this title may withdraw such authorization at any time upon filing written notice of withdrawal with such Commissioner.

Presentation of service awards (a) The head of each department of the Government of the United States Virgin Islands is hereby authorized and directed to award quinquennially to each employee for continuous service in any department, including periods in different departments and agencies of the Government of the Virgin Islands a certificate, pin, plaque, or other suitable memento. For services over twenty-five (25) years the department head may present a plaque or other suitable memento. The cost of any awards shall be a proper charge against the appropriation of the department in which the employee serves; Provided, however, That the cost of any such pin, certificate, plaque or other memento shall not exceed the sum of one hundred ($100.00) dollars. Such presentation shall likewise be made to an employee upon retirement who has completed fifteen (15) or more years of consecutive service, as defined hereinabove. Employees' Merit Award Board; powers and duties (b) The Government Employees Service Commission is hereby designated as the "The Employees' Merit Award Board" and shall have the powers and duties and perform the functions herein provided. The Employees' Merit Award Board shall, among its other duties and functions- (1) Formulate, establish and maintain a plan or plans to encourage and reward unusual and meritorious suggestions and accomplishments by government employees aimed at promoting efficiency and economy in the performance of any function of the territorial government; (2) Appoint departmental or divisional boards or committees to analyze and review suggestions and accomplishments of government employees submitted for consideration under such plan or plans and to make recommendations thereon to the Award Board; and (3) Make and render merit awards to or for the benefit of government employees nominated to receive them in accordance with such plan or plans. Determination of nature and extent of awards (c) The Board shall determine the nature and extent of the merit awards to be made under this section which shall include, but not be limited to, the following: (i) certificates, medals or other appropriate insignia which shall be in such form and shall be awarded at such times as the Board fixes and determines or; (ii) cash awards, which shall be of such amount and shall be payable at such times as the Board fixes and determines. Government Employees of the Year (d) The Board shall annually select two officials or employees in the active service of the Government of the United Virgin Islands, one a resident of St. Croix and one a resident of St. Thomas-St. John, to be honored and known as "Government Employee of the Year-St. Thomas-St. John" and "Government Employee of the Year-St. Croix". The Board may, in its discretion, submit the names of Government Employees of the Year to the Morris F. deCastro Fellowship Board as candidates for the Morris F. deCastro Fellowships. Regulations of Board (e) The Board shall adopt regulations governing the operation of any plan or plans established under this title, the eligibility and qualifications of government employees participating therein, the character and quality of suggestions and accomplishments submitted for consideration, the method of their submission and the procedure for their review, nominations for merit awards and the kind, character and value of such awards, and such other regulations as are deemed necessary or appropriate for the proper administration of this title or for the accomplishment of the purpose thereof. Use of personnel and facilities; assistance of departments (f) The Director of Personnel shall provide such personnel and facilities of his office as the Board requires for the proper performance of its work. The Board may request and shall receive from any department such assistance as it requires, and each such department shall make available to the Board, upon its request, any of its personnel and facilities required for the furtherance of the work of the Board. History: Amended Nov. 15, 1971, No. 3121, Sess. L. 1971, p. 357; Apr. 26, 1972, No. 3213, § 3, Sess. L. 1972, p. 75; June 12, 1961, No. 724, Sess. L. 1961, p. 75; Nov. 15, 1971, No. 3121, Sess. L. 1971, p. 357; Apr. 26, 1972, No. 3213, § 3, Sess. L. 1972, p. 75.

The Governor shall award, according to such rules as he may adopt, annual prizes for administrative improvements to the officers and employees of the Government of the United States Virgin Islands who make worthy suggestions leading to the improvement of or the introduction of savings in the organizations, procedures and administrative practices of the departments and agencies of the Government of the United State Virgin Islands. Such prizes may consist, among others, of cash, trips, trophies, or medals. In the case of the death of a person entitled to receive a prize, such prize shall be delivered to his heirs. History: Added Feb. 26, 1965, No. 1309, § 1, Sess. L. 1965, Pt. I, p. 28.

The Governor shall annually appoint a committee to make recommendations for implementing the provisions of section 644 of this title, and he shall give the widest publicity to this program among government employees. History: Feb. 26, 1965, No. 1309, § 2, Sess. L. 1965, Pt. I, p. 28.

Whoever knowingly gives any false testimony during or at any investigation or hearing authorized by this chapter, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Immunity Whoever, being an officer or employee in the Government Service- (1) willfully refuses or fails to appear before any court or judge, any legislative committee, any officer, or anybody authorized to conduct any hearing or inquiry; or (2) having appeared before any such court, judge, legislative committee, officer, or body, refuses to testify or answer any questions relating to the affairs of the Government of the United States Virgin Islands or the conduct of any government officer or employee on the ground that his testimony or answer would tend to incriminate him- shall, in addition to any other penalties provided by law for any such refusal, forfeit his office or position, and shall not be eligible for appointment to any office or position in the Government Service.

Whoever- (1) makes any false statement, mark, rating or report with regard to any test, certification, or appointment made under any provision of this chapter; or (2) in any manner commits or attempts to commit fraud preventing or for the purpose of preventing the impartial execution of this chapter or any rules issued under this chapter-shall be fined not more than $100 or imprisoned not more than six months, or both.

Appointment, Promotion Or Advantage Whoever directly or indirectly pays, gives, renders, offers, accepts or solicits any money, service, or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or advantage in, a position in the classified service, shall be fined not more than $100 or imprisoned not more than six months, or both.

Affecting Rights Whoever, being an employee in the office of the Director of Personnel, an examiner, or other person, defeats, deceives, or obstructs any person in his right to examination, eligibility, certification, or appointment under this chapter, or furnishes to any person any special secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service, shall be fined not more than $100 or imprisoned not more than six months, or both. History: Amended Feb. 27, 1962, No. 819, § 4, Sess. L. 1962, p. 52.

Whoever violates any provision of this chapter or of any of the rules adopted under the provisions of this chapter, shall, if no other penalty is prescribed in this chapter for such violation, be fined not more than $100 or imprisoned not more than six months, or both.

Whoever is convicted of an offense under this chapter shall, for a period of five years, be ineligible for appointment to, or employment in, any position in the Government Service, and, if he is an officer or employee of the Government, shall forfeit his office or position.

The Legislature determines and hereby declares that (1) in order to promote efficiency and economy in the operation of the Government and provide the means for the development of maximum proficiency in the performance of official duties by its employees, to establish and maintain the highest standards of performance in the transaction of the public business, and to install and utilize effectively the best modern practices and techniques, it is necessary and desirable in the public interest that self-education and training by such employees be supplemented and extended by government-sponsored programs for their training in the performance of official duties and for the development of skills, knowledge, and abilities which will best qualify them for performance of official duties; (2) that such programs shall be designed to accomplish improvement of public service, dollar savings, the building and retention of a permanent cadre of skilled and efficient government employees (well abreast of professional, technical, scientific, and management developments both in and out of Government), lower turnover of personnel, reasonably uniform administration of training, consistent with the missions of the government departments and agencies, and fair and equitable treatment of government employees with respect to training; and (3) that the Director of Personnel, subject to supervision and control of the Governor, shall be responsible and have authority for the effective promotion and coordination of such programs and training operations thereunder. History: Added July 9, 1968, No. 2272, § 1 Sess. L. 1968, Pt. II, p. 191.

For the purpose of this subchapter, and unless the context otherwise requires the following words and phrases shall have the meanings ascribed to them in this section: "agency" means each department, office, agency, or other instrumentality in the executive branch of the Government, excluding (1) the University of the Virgin Islands and (2) the Virgin Islands Water and Power Authority. "training" means the process of providing for and making available to an employee, and placing or enrolling the employee in, a planned, prepared, and coordinated program, course, curriculum, subject, system, or routine of instruction or education, in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields which are related to the performance by the employee of present or future official duties for the Government, in order to increase the knowledge, proficiency, ability, skill, and qualifications of the employee in the performance of official duties. "Government facility" means property owned or substantially controlled by the Government and the services of any personnel of the Government. "employee" means any officer or employee in or under an agency. "regulations" means rules and regulations issued by the Director of Personnel pursuant to section 453, Title 25, Virgin Islands Code. "nongovernment facility" means- (A) the government of the United States or of a state, the District of Columbia, or the Commonwealth of Puerto Rico, and an interstate governmental organization, or a unit, subdivision, or instrumentality of any of the foregoing; (B) a foreign government or international organization, or instrumentality of either, which is designated by the Governor as eligible to provide training under this subchapter; (C) a medical, scientific, technical, educational, research, or professional institution, foundation, or organization; (D) a business, commercial, or industrial firm, corporation, partnership, proprietorship, or other organization; (E) individuals other than personnel of the Government; and (F) the service and property of any of the foregoing furnishing any training. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191; amended Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

(a) In order to increase economy and efficiency in the operations of the agency and to raise the standards of performance by employees of their official duties to the maximum possible level of proficiency, the head of each agency, in conformity with this subchapter, shall, within 360 days after the enactment of this subchapter, establish, operate, and maintain a program or programs, and a plan or plans thereunder, for the training of employees in or under the agency by, in, and through government facilities and nongovernment facilities. Each program, and plan thereunder, shall- (1) conform to the principles, standards, and related requirements contained in the regulations; (2) provide for adequate administrative control by appropriate authority; and (3) provide for the encouragement of self-training by employees by means of appropriate recognition of resultant increases in proficiency, skill, and capacity. (b) Two or more agencies jointly may operate under a training program. (c) In the event the head of an agency is of the opinion that the resources within his agency are not sufficient to warrant the establishment, operation, and maintenance within his agency of a program and plan thereunder for the training of employees in or under his agency, pursuant to subsection (a) of this section, the Director of Personnel, under recommendation of the head of such agency and with the approval of the Governor, may establish, operate, and maintain a program and plan thereunder for the employees in or under such agency; Provided, That appropriations or other funds available to such agency, or so much thereof as may be necessary, shall be made available for expenditure by the Director of Personnel for this purpose; and Provided further, That, in carrying out his functions under this subsection, the Director of Personnel shall have the same authority and powers as the head of such agency has in connection with the establishment, operation, and maintenance of a program and plan thereunder for the training of employees of such agency. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

An agency program for the training of employees by, in, and through government facilities under this subchapter shall- (1) provide for training, insofar as practicable, by, in, and through government facilities under the jurisdiction or control of the agency; and (2) provide for the making by the agency, to the extent necessary and appropriate, of agreements with other agencies, including the University of the Virgin Islands and the Virgin Islands Water and Power Authority, in any branch of the government, on a reimbursable basis when requested by the other agencies, for- (A) use of government facilities under the jurisdiction or control of the other agencies in any branch of the Government; and (B) extension to employees of the agency of training programs of other agencies. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191; amended Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

(a) The head of an agency may, with the concurrence of the Director of Personnel, make agreements or other arrangements for the training of employees of the agency by, in, or through nongovernment facilities under this subchapter. (b) An agency program for the training of employees by, in, and through nongovernment facilities under this subchapter shall- (1) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and (2) give consideration to the needs and requirements of the agency in recruiting and retaining professional, scientific, technical, and administrative employees. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

(a) The training of employees, by, in, and through nongovernment facilities under this subchapter is subject to the following limitations: (1) The number of man-years of training for an agency in a fiscal year may not exceed one percent of the total number of man-years of employment for the agency in the same fiscal year as disclosed by the agency budget estimates for the year, or two man-years, whichever is greater. (2) An employee having less than one year of current, continuous service is not eligible for training unless the head of his agency, with the concurrence of the Director of Personnel, determines that training for the employee is in the public interest. (3) The time spent by an employee in training may not exceed one year in the first five-year period and in each subsequent 10-year period of his continuous or noncontinuous service in the Government. (b) The Director of Personnel, with the approval of the Governor, may prescribe other limitations concerning the time which may be spent by an employee in training. (c) On recommendation of the head of an agency, the Director of Personnel may, with the approval of the Governor, waive all or any of the limitations covered by subsection (a) of this section with respect to that agency or part thereof or one or more employees therein. The Director of Personnel, in the public interest, may, with the approval of the Governor, reimpose all or any of the limitations so waived. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

(a) In addition to any other training provided for under this subchapter, the Governor, upon recommendations of executive department heads, shall grant study leave each year to one employee of each agency, except the Department of Health and the Department of Education, for the purpose of pursuing advanced training courses and programs within or outside the Virgin Islands. (b) The Commissioners of the Departments of Health and of Education may recommend to the Governor two employees from St. Thomas, and two employees from St. Croix, and one employee from St. John annually for the study leave authorized in subsection (a) of this section. (c) Any employee granted study leave under this section shall receive his salary subject to the necessary and required payroll deductions; and such leaves with pay may not exceed one year in duration. Any such employee shall execute a contract to return to government service as provided by law. (d) The provisions of this section will not affect the authority of any agency to provide study leave to employees beyond the limitations of subsections (a) and (b) of this section, in cases where appropriations for such excess study leave are made by specific legislation. (e) An agency may use savings accrued in its annual operating budgets for the purposes of financing the study leave program authorized in this section, but subject to the approval of the Governor and of the Finance Committee of the Legislature. (f) When the quota for study leave has been filled in any agency pursuant to this section, the Governor, upon recommendation of the executive department head of such agency may grant study leave to one additional employee of such agency. Provided, that any employee granted a study leave pursuant to this subsection shall receive not more than one-half of his salary subject to the necessary and required payroll deductions. Such leaves with half pay shall not exceed one year in duration and such employee shall execute a contract to return to government service as provided by law. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191; amended Aug. 1, 1969, No. 2521, Sess. L. 1969, p. 233.

This subchapter does not authorize the selection and assignment of an employee for training by, in, or through a nongovernment facility, or the payment or reimbursement of the costs of training for the sole purpose of providing an opportunity to an employee to obtain one or more academic degrees. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1963, Pt. II, p. 191.

(a) The head of an agency, pursuant to the regulations and subject to appropriations or other funds available to the agency, may- (1) pay all or part of the basic pay (excluding overtime, holiday premium, or other extra pay) of an employee of the agency selected and assigned for training under this subchapter, for the period of training; and (2) pay, or reimburse the employee for all or a part of the necessary expenses of the training, including the necessary costs of- (A) travel and per diem in lieu of subsistence; (B) tuition and matriculation fees; (C) library and laboratory services; (D) purchase or rental of books, materials, and supplies; and (E) other services or facilities directly related to the training. (F) The employee's meals while attending the University of the Virgin Islands where the schedule of courses or study being pursued reasonably require that certain meals be taken at the University's food service facilities. (b) Only monies appropriated to an agency specifically for training may be used therefor, and savings accrued in its annual operating budgets may be expended for the purposes of training only after approved by the Governor and by the Finance Committee of the Legislature. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191; amended July 25, 1972, No. 3276, § 2, Sess. L. 1972, p. 230; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

Appropriations or other funds available to an agency for travel expenses are available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of the functions or activities. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

(a) An employee selected for training by, in, or through a nongovernment facility under this subchapter shall agree in writing with the Government before assignment to training that he will- (1) continue in the service of the Government after the end of the training period for a period at least equal to the length of the training period unless he is involuntarily separated from the government service; and (2) pay to the Government, if he is voluntarily separated from government service before the end of the period for which he has agreed to continue in the service of the Government- (A) the amount of the additional expenses incurred by the Government in connection with his training; and (B) the amount of any wages received by him during any leaves of absence with pay granted for the purpose of taking training. (b) If an employee, except an employee relieved of liability under any provisions of this subchapter, fails to fulfill his agreement to pay to the Government a sum equal to the amount of the additional expenses of training and of wages paid while on leave of absence with pay, such sum is recoverable by the Government from the employee or his estate by- (1) setoff against accrued pay, compensation, amount of retirement credit, or other amounts due the employee from the Government; and (2) such other method as is provided by law for the recovery of amounts owing to the Government. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

(a) To the extent authorized by regulations, contributions and awards incident to training in nongovernment facilities, and payment of travel, subsistence, and other expenses incident to attendance at meetings, may be made to and accepted by an employee. (b) When a contribution, award or payment, in cash or in kind, is made to an employee for travel, subsistence, or other expenses under subsection (a) of this section, an appropriate reduction, pursuant to regulations, shall be made from payment by the Government to the employee for travel, subsistence, or other expenses incident to training in a nongovernment facility or to attendance at a meeting. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

(a) The Director of the Office of Management and Budget, to the extent he considers it practicable, may provide for the absorption of the costs of the training programs and plans under this subchapter by the respective agencies from applicable appropriations or funds available for each fiscal year. (b) Subsection (a) of this section does not require- (1) the separation of an individual from the service by reduction in force or other personnel action; or (2) the placement of an individual in a leave-without-pay status. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

(a) The head of each agency, at least once every three years, shall review the needs of his agency for the training of its employees. The Director of Personnel, on request of any agency, may assist the agency with the review. Information obtained or developed in a review shall be made available to the Director of Personnel at his request. (b) Each agency shall report annually to the Director of Personnel, at such times and in such form as the Director prescribes, on its programs and plans for the training of employees under this subchapter. The report shall set forth- (1) such information concerning the expenditures of the agency in connection with training as the Director of Personnel considers appropriate; (2) the name of each employee of the agency who, during the period covered by this report, received training by, in, or through a nongovernment facility; the grade, title, and primary duties of the position held by the employee; the name of the nongovernment facility from which the training was received; the nature, length, and cost of the training to the Government; and the relationship of the training to official duties; (3) a statement concerning the value to the agency of the training; (4) estimates of the extent to which economies and improved operations have resulted from the training; and (5) such other information as the agency or the Director of Personnel considers appropriate. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

The Director of Personnel, at the times and to the extent he considers necessary, shall review the operations, activities, and related transactions of each agency in connection with each agency program, and plan thereunder, for the training of its employees by, in, and through nongovernment facilities, under this subchapter in order to determine whether the operations, activities, and related transactions comply with the programs and plans, the provisions and purposes of this subchapter, and the principles, standards, and related requirements contained in the regulations. Each agency, on request of the Director of Personnel, shall cooperate and assist in the review. If the Director of Personnel finds that noncompliance exists in an agency, the Director of Personnel, after consultation with the agency, shall certify to the head of the agency his recommendations for change of actions and procedures. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

The Director of Personnel, to the extent he considers appropriate in the public interest, may collect information concerning training programs, plans, and methods inside and outside the Government. The Director of Personnel, on request, shall make the information available to an agency and to the Legislature. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

The Director of Personnel, on request of an agency, shall advise and assist in the establishment, operation, and maintenance of the training programs and plans of the agency under this subchapter, to the extent of his facilities and personnel available for that purpose. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

The Director of Personnel has the responsibility and authority for effective promotion and coordination of the training programs under this subchapter and training operations thereunder. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

The head of an agency shall permit the attendance at training programs operated within his agency of employees in or under the Legislative Branch, upon request of the President of the Senate, and of employees in or under the Judicial Branch, upon request of the Chief Justice of the Supreme Court. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191; amended July 30, 2016, No. 7888, § 9(a), Sess. L. 2016, p. 113.

The Governor, at any time in the public interest, may (1) except an agency or part of an agency, or an employee, or group, or class of employees, from this subchapter or any provision thereof, and (2) withdraw any such exception. History: Added July 9, 1968, No. 2272, § 1, Sess. L. 1968, Pt. II, p. 191.

(a) There shall be and is hereby created a retirement and benefit system for officials and employees of the Government of the United States Virgin Islands and for their dependents and beneficiaries, for the payment of retirement annuities, disability annuities, and other benefits as provided herein to said officials and employees, and to their dependents and beneficiaries, after stated periods of service and upon fulfillment of certain conditions as hereinafter set forth. (b) The purpose of such system is to encourage qualified personnel to enter and remain in the service of the Government of the United States Virgin Islands by establishing an orderly means whereby those who become superannuated or otherwise incapacitated as the result of age or disability, may be retired from service without prejudice and without inflicting a hardship upon the employees retired, and to enable such employees to accumulate reserves for themselves, their dependents and their beneficiaries, to provide for old age, death, disability and termination of employment, thus promoting economy and efficiency in the administration of government. (c) The system created under this chapter shall have the powers and privileges of a corporation, subject, as provided herein, to the control of the Board of Trustees thereof, and shall be known and designated as the "Government Employees Retirement System of the Virgin Islands". By such name all its business shall be transacted, all of its money shall be invested, and all its cash and securities and other property shall be held. The debts, obligations, contracts, bonds, notes, debentures, receipts, expenditures, accounts, funds, facilities, and property of the system are those of the system and not those of the Government of the Virgin Islands or of any office, bureau, department, agency, commission, municipality, branch, agent, officer, or employee thereof. (d) The system shall become operative as of October 1, 1959, at which time contributions by the employees and employer, pursuant to the provisions hereof, shall begin. Such date shall be known as the "date of establishment". Retirement, disability, death benefit and all other payments by the system shall begin to accrue from the date of establishment. (e) All pensions and benefits granted prior to the date of establishment shall be paid according to the laws under which the same were granted. All claims for pensions and benefits which may be pending on the date of establishment, shall be granted in accordance with the provisions of the aforesaid legislation; Provided, however, That no person who, on the date this chapter becomes effective, is entitled to a pension or other benefit under the provisions of any other law, shall receive a lesser amount under this chapter than he would have received if he had been paid according to the provisions of said other law. (f) Notwithstanding any other provision of law, the system is not required to pay any taxes or assessments on any of the property acquired or to be acquired by it, or on its operations or activities, or on the income derived from its investments or from any of its operations or activities. No judgment may be rendered against the System in excess of $75,000 in any suit or action against the System with respect to any injury to or loss of property or personal injury or death that: (1) is caused by the negligent or wrongful act or omission of an employee of the System while acting within the scope of the employee's employment under circumstances where the System, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred; or (2) occurs in connection with the use of the System's facilities. (g) The Board shall provide the Legislature with an analysis of the assets and liability implications of each bill that would affect the investment strategy of the system, the funding of the system, or the benefit structure of this system. The analysis shall include an explanation of the methodology employed and the assumptions used in its preparation. The Legislature shall provide the necessary funding for the analysis of the system for bills proposed by the Legislature. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 93; amended Mar. 15, 1990, No. 5522, § 1(i), Sess. L. 1990, p. 34; Nov. 2, 2005, No. 6794, § 1 1., 2., Sess. L. 2005, p. 380; amended Oct. 26, 2015, No. 7802, § 1(a), Sess. L. 2015, p. 147; amended Apr. 11, 2024, No. 8822, § 2, Sess. L. 2024, p. -.

Words and phrases wherever used in this chapter, unless a different meaning is plainly expressed in the context or a different definition has been provided elsewhere in the chapter, shall have the following meanings- (a) "System" shall mean the Employees Retirement System of the Government of the United States Virgin Islands. (b) "Government" shall mean the Government of the United States Virgin Islands and its agencies and instrumentalities. (c) "Employer" shall mean the Government of the United States Virgin Islands and its agencies and instrumentalities including all autonomous and semiautonomous agencies of the Government of the Virgin Islands. (d) "Board" shall mean the Board of Trustees provided for herein to administer the system. (e) "Employee" shall mean an official or employee in the service of the employer who is employed by the employer for compensation. (f) "Member" shall mean any employee included in the membership of the system and participating therein as herein provided. (g) "Service" shall mean employment as an employee of the employer for salary, wages or compensation. (h) "Prior service" shall mean service as an employee of the employer prior to October 1, 1959. (i) "Membership service" shall mean service as an employee of the employer on and after October 1, 1959 while a member of the system. (j) "Credited service" shall mean prior service and membership service as herein provided. (k) "Regular interest" shall mean interest at such rate as shall be determined by the Board from the experience of the system which shall be not less than two percent nor more than four percent per annum. For the first five fiscal years of operations of the system regular interest shall be at the rate of three percent per annum. (l) "Accumulated contributions" shall mean the amounts contributed by a member as a deduction from compensation, without interest. (m) "Military service" shall mean service in any of the armed services of the United States. (n) "Compensation" shall mean amounts received as pay, salary or remuneration for services rendered, provided that the maximum amount of compensation to be used for contributions by the members or in the computation of any annuity or benefit hereunder shall be $65,000. Overtime pay or compensation for special services shall not be included as compensation. (o) "Average compensation" shall mean the average rates of annual compensation for any five highest years of credited service within the last ten years of service, subject to the maximum salary limitations in effect during such service. (p) "In service" shall mean: (a) actual employment as an employee for partial or total compensation; (b) an employee in military service; or (c) an employee on leave of absence approved by the employer on account of sickness, disability or other cause provided such leave of absence shall not have extended continuously for more than one year prior to the date of establishment. (q) "Retirement" shall mean the acceptance of a retirement annuity by a member upon withdrawal from service of the employer. (r) "Withdrawal from service" shall mean complete severance of employment of any member as an employee of the employer, by resignation, discharge, dismissal or death. (s) "Fiscal year" shall mean the period beginning on October 1 in any year and ending on September 30th of the subsequent year. (t) The masculine pronoun, wherever used, shall include the feminine pronoun. (u) "Policeman" means employees in the Division of Police and Prison of the U.S. Virgin Islands Police Department (V.I.P.D.) who perform traditional police duties or direct others in the performance of these duties, and excludes all other employees in such Division, such as cadets, clerical and housekeeping employees. (v) "Prison guard" or "corrections officer" means employees in the Bureau of Corrections and the Department of Human Services who perform traditional correctional officer and supervisory correctional officer duties. This definition does not include any others in such Bureau or Department, such as clerical, housekeeping and food service employees or other supervisory or managerial personnel. (w) "Fireman" means employees in the Division of Fire of the U.S. Virgin Islands Police Department (V.I.P.D.), and similar employees of the Virgin Islands Airport and Industrial Resources Agency, who perform traditional fire fighting or fire prevention duties or direct others in the performance of these duties and excludes all other employees in such Division or Agency, such as clerical and housekeeping employees. (x) "Eligible employee with the Virgin Islands Water and Power Authority" means every production employee working within the power plant, every lineman or plant operator and his support-crew employees for a period of not less than five years as certified by the Executive Director of the Authority for the purposes of this subchapter only. (y) "Eligible employee working with chlorine, sewage or carcinogens" means any person employed by the Government of the United States Virgin Islands certified by such department's chief executive officer or his designee as having worked continuously and directly for a period of at least five years with chlorine, sewage or a carcinogen as defined by the Second Annual Report on Carcinogens published by the Public Health Service, U.S. Department of Health and Human Services, dated December 1981, as revised for the purposes of this subchapter only. (z) "Salary right" shall mean compensation earned to include benefits or dues as a result of contract negotiations for the time of employment prior to separation from service. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 94; amended July 18, 1961, No. 776, § 1, Sess. L. 1961, p. 219; May 22, 1967, No. 1987, § 1, Sess. L. 1967, p. 257; Sept. 18, 1967, No. 2049, Sess. L. 1967, p. 441; Apr. 23, 1970, No. 2700, §§ 1, 2, Sess. L. 1970, p. 73; May 23, 1980, No. 4431, § 5, Sess. L. 1980, p. 54; May 23, 1980, No. 4439, § 2, Sess. L. 1980, p. 61; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Dec. 29, 1986, No. 5226, § 1(a), Sess. L. 1986, p. 375; Aug. 4, 1987, No. 5272, § 4(a), (b), Sess. L. 1987, p. 118; Aug. 2, 1988, No. 5356, § 13, Sess. L. 1988, p. 204; Mar. 15, 1990, No. 5522, § 1(ii), (iii), Sess. L. 1990, p. 34; June 5, 1990, No. 5565, § 14, Sess. L. 1990, p. 205; Dec. 9, 1991, No. 5763, § 2(a), Sess. L. 1991, p. 271; July 21, 1994, No. 5992, § 1, Sess. L. 1994, p. 94; Sept. 24, 2001, No. 6429, § 1, Sess. L. 2001, p. 185; Nov. 2, 2005, No. 6794, § 2 1.-7., Sess. L. 2005, pp. 380, 381; Dec. 29, 2006, No. 6905, § 5(1.), Sess. L. 2006, p. 332; Apr. 12, 2008, No. 6992, § 2, Sess. L. 2008, p. 15; amended Oct. 26, 2015, No. 7802, § 1(b)(1), (2), Sess. L. 2015, p. 147.

The following persons shall be included as members: (a) Any person who is an employee and in service on September 30, 1959, shall become a member as of the date of establishment. (b) Any person who becomes an employee on or after the date of establishment shall become a member as a condition of employment, provided such person is under age 55 on the date of appointment. Contributions by such person shall begin immediately, provided that he shall be eligible for duty disability and death benefits from the first day of service subject to the qualifying conditions prescribed for the payment of such benefits. (c) Any person whose position and salary are specifically fixed in the annual appropriation acts. (d) Any person employed by the employer who is not elsewhere excluded by the Virgin Islands Code from membership and whose term of employment is for at least one year, provided that an initial appointment to a position for the remainder of the then current fiscal year be considered as meeting this requirement. (e) Notwithstanding the provisions of subsection (b) of this section, any person who is over 55 years of age on the date of his first appointment and who elects the option referred to in subsection (i), section 704 of this chapter. (f) Notwithstanding any provision of this chapter, a person who reenters government service may elect not to be a member of the System if the person is 60 years of age or older, is not receiving a retirement annuity from the System, and re-enters government service on or after October 1, 2016. (g) Any employee whose services are compensated on a contractual fee or per diem basis and who works exclusively for the Government at least 40 hours per week may be included as a member and receive service credit for such period by paying contributions pursuant to section 704 of this chapter. (h) The following persons shall be excluded from membership in the system: (1) Any casual employee. (2) Any part-time employee who does not regularly work at least 50 percent of the normal work period. (3) Any provisional employee. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 96; amended Nov. 28, 1960, No. 652, § 1, Sess. L. 1960, p. 205; July 18, 1961, No. 776, § 2, Sess. L. 1961, p. 219; May 22, 1967, No. 1987, § 2, Sess. L. 1967, p. 257; Apr. 23, 1970, No. 2700, § 3, Sess. L. 1970, p. 74, § 16, Sess. L. 1970, p. 84; Feb. 14, 1980, No. 4403, Sess. L. 1980, p. 7; Aug. 26, 1994, No. 6007, § 9(a), Sess. L. 1994, p. 159; amended Oct. 26, 2015, No. 7802, § 1(c)(1), (2), Sess. L. 2015, p. 147; amended Apr. 4, 2018, No. 8029, § 4, Sess. L. 2018, p. 3; amended Jan. 6, 2019, No. 8162, § 3, Sess. L. 2018, p. 349.

(a) Subject to the provisions of section 721 of this title each employee in service on the date of establishment shall receive credit as prior service for all service rendered in any department, division or agency of the employer, except such service as is excluded by section 703(c) of this title; Provided, That any employee who may have received a refund under predecessor systems shall repay within five years the amounts refunded in order to gain credit for said prior service; And provided further, That any employee who was excluded from coverage under predecessor systems but who worked continuously for the Government of the United States Virgin Islands shall receive credit for said prior service if within five years of date of establishment such employee repays an amount equal to contributions which would have been deducted from his salary during said period. The prior service credit to be granted a member shall be for the same periods of time as granted under applicable registration relating to the existing retirement funds. Additionally, the member shall pay to the system the withdrawn contributions, the interest paid on those contributions prior to withdrawal, and the income the system would have earned had those contributions remained in the system, and the interest on the unpaid balance, if the member elects to redeposit on an installment basis. If the member elects to repay on an installment basis, the member shall have the maximum of 36 months. The member shall repay the withdrawn contributions and the applicable interest before receiving his annuities. (b) Any employee who shall not be in service on the date of establishment, who reenters service thereafter, shall be entitled to receive credit for prior service providing he repays, within five years from date of reentry, all amounts refunded under any system. (c) Any employee who shall not be in service on the date of establishment, who reenters service thereafter, shall be entitled to receive credit for prior service rendered prior to predecessor systems. (d) (1) Any employee shall be entitled to credited service, up to a maximum of 3 years, for all military service in the Armed Forces of the United States, including the army, navy, marines or coast guard, merchant marine, air force or any auxiliary thereof, either by enlistment or induction. Provided, that such employee must have been a bona fide Virgin Islands resident prior to entering military service and pays an amount equal to contributions which would have been deducted from his salary during the period. (2) However, all members of the system who are vested on the enactment date of this subsection and have earned credited service shall maintain their credit earned before the effective date of this paragraph. (e) Prior service credit and membership service credit shall also include such time as a member has been in military service, not to exceed 3 years. (f) Any member shall be entitled to credit as prior service or membership service, as the case may be, for any period of approved leave of absence without compensation, under rules in force, which shall not exceed an aggregate period of 24 months during the entire period of credited service of the member. The member shall pay to the system the income the system would have earned had those contributions been paid to the system during the period of his approved leave of absence without compensation, and the interest on the unpaid balance, if the member elects to deposit on an installment basis. If the member elects to pay on an installment basis, the member shall have the maximum of 36 months and before any retirement benefits are received to pay the contributions and applicable interest. (g) In the computation of total credit for prior service or membership service, nine months or more of service shall constitute one year of service; six to eight months inclusive, shall constitute three-quarters (.75) of a year; three to five months inclusive, shall constitute one-half (.50) of a year; less than three months shall constitute one-quarter (.25) of a year not more than one year service credit shall be granted for all service rendered during a fiscal year. Fifteen days or more of service during any month shall constitute a month of service; five to fourteen days inclusive, shall constitute one-half (.50) of a month; less than five days, inclusive, shall constitute one-quarter (.25) of a month. (h) [Reserved for future use.] (i) No credited service benefit may be paid to any government employee for excess annual leave, sick leave, leave without pay, or for prior military service until the system has received retirement contributions payments from the employer and employee. (j) Notwithstanding any other provision of this chapter, any person who is presently a member of this system who has rendered prior permanent or continuous service to the Government of the United Virgin Islands, and for which credit under this system has not been received, may receive credit for the prior service by contributing to the system contributions at the respective rates assessed for each period or portion of non-credited service the member seeks to receive credit. The member shall pay to the system the contributions and the income the system would have earned had those contributions been paid to the system, and the interest on the unpaid balance, if the member elects to deposit on an installment basis. If the member elects to pay on an installment basis, the member shall have the maximum of 36 months before any retirement benefits are received to pay the contributions and the applicable interest. (k) Any employee shall be entitled to credited service as a member of the Legislature, as defined in Title 3, section 714, Virgin Islands Code, provided such service is not applied to legislative service retirement as provided in Title 3, section 714, Virgin Islands Code. (l) If the employer fails or refuses to remit contributions on behalf of any employee for any period wherein service credit is being or has been sought, the employee may remit to the system a sum that equals the employer's and the employee's contributions for the period of credited service he has elected to obtain. (m) Employee or employer contributions for service credit on which benefits are to be calculated must be paid prior to the date of issuance of the first retirement benefits payment. (n) The required contributions for any service which have not been made for prior service, past service, military service, leave of absence service, and in the territory service, must be paid by cash, personal check or money order. The contributions must be accompanied by a statement identifying the service for which payment is made and must be made in lump sum for the total due or in annual payments of not less than $500, except for the final payment if less than $100, unless another method of payment is authorized by the Board of Trustees. Interest must be added annually to any unpaid balance not received by the Benefits Division on or before October 1 of each year. (o) The required contributions for any service which have not been made prior to a member's retirement may not be made by any person after the member's retirement. The required contributions for any service which have not been made by the members before his death prior to his retirement may be made only by those authorized by the Board of Trustees to purchase the service. (p) A member may make the required contributions for past service not made by his employer. (q) Retirement contributions paid for a prior period, whether by employer or by member, must be charged a delinquent fee of 1.5% for each calendar month or part thereof that paid contributions should have been paid. This includes prior period contributions due to incorrect wages and contributions from an earlier report or wages and contributions that should have been reported, but were not. This delinquent assessment may not be waived. If the delinquent assessment is not remitted within thirty days following the Benefits Division invoice, an additional delinquent assessment of 1.0% on the invoice amount shall be assessed for each calendar month or part thereof that the invoice is delinquent. (r) Retirement contributions not remitted timely as prescribed by this chapter are delinquent, unless at the opinion of the Administrator, exceptional circumstances beyond the employer's control prevented payment by the prescribed due date and a waiver of the delinquent fee is granted by the Administrator. A waiver may be granted only once for an employer during any one fiscal year. The employer shall pay the assessed delinquent fee, plus any additional delinquent charges that have accumulated during the time required to renew the request for a waiver of the delinquency charge. (s) If an employer fails to pay the total amount due within one hundred twenty calendar days from the date of the system's invoice, the Administrator shall notify the Board and certify the amounts due to the system. The Board shall determine the appropriate action to be taken. (t) Any member may purchase additional service credit, which must be added to the member's years of service credit already accrued for service worked and contributions paid under the following conditions: (1) "Additional Service Credit" means service credit that may be purchased by the member for time the member has not actually worked while in the service of the employer. "Service Credit" as used in this section has the same meaning as "Membership Service" as used in section 702(i) of this chapter. (2) A member may purchase up to 5 years of additional service credit. (3) Once a member makes an election to purchase service credit, the member may not modify or cancel the election, and the member may not make another election to purchase additional service credit, even if the amount of service credit purchased during the first election to purchase additional service credit is less than five years. (4) A member must pay the full amount charged for the additional service credit prior to the member's date of retirement. (5) A member may make payment for additional service credit in a lump sum payment or in bi-weekly installments via payroll deductions before the member's date of retirement. When a member elects to make payment in installment payments via payroll deductions, the member has a total of two years for each year of additional service credit to make payment, but the final payment must be made before the member's date of retirement. (6) The amount charged to a member for the purchase of additional service credit must include the employer's and employee's shares of contribution; however, the system shall also charge to the member an additional charge that is recommended by the System's actuarial consultant. This additional charge must be adopted by the GERS Board of Trustees and administered by the System. (7) A member must have at least 10 years of service credit before the member is eligible to purchase additional service credit. (8) Additional Service credit may not be used to qualify a member for duty or non-duty disability. (9) When a member completes payment for additional service credit, the additional service credit must be added to the member's years of service credit, but the member must qualify for a service retirement annuity based on the member's years of membership service. Additional Service Credit may be used to qualify a member for a regular service retirement annuity only if the member has accrued at least 15 years of service credit by the time the member completes payment for additional service credit. (10) Any member who leaves the payroll for any reason prior to completing payment for purchase of additional service credit may retain the amount of service credit for which the member has already paid, if the amounts paid equal at least one year of credited service. If the amounts do not equal at least one year of service, the System shall return to the member the amounts the System has received from the member, and no interest may be paid. (11) The Board of Trustees may change the additional charge or factor as recommended by the System's actuarial consultant, but such adjustment may not be applied to members who at the time of the change are paying for additional service credit on installment. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Apr. 4, 1966, No. 1671, Sess. L. 1966, p. 137; May 22, 1967, No. 1987, § 3, Sess. L. 1967, p. 258; Nov. 19, 1969, No. 2594, Sess. L. 1969, p. 401; Feb. 15, 1973, No. 3389, Sess. L. 1972, p. 574; Mar. 26, 1973, No. 3405, § 1, Sess. L. p. 30; Feb. 1, 1985, No. 5039, § 1, Sess. L. 1984, p. 462; Mar. 15, 1990, No. 5522, § 1(iv), Sess. L. 1990, p. 34; May 20, 1994, No. 5979, § 2(b), Sess. L. 1994, p. 70; Sept. 25, 2001, No. 6430, §§ 3, 4, Sess. L. 2001, pp. 188-189; Jan. 31, 2006, No. 6794, § 3 1.-7., Sess. L. 2005, pp. 381-384; amended Oct. 26, 2015, No. 7802, §§ 1(d), 5, Sess. L. 2015, p. 148, 169.

(a) An application for an annuity shall be in writing, addressed to the System in care of the Administrator. The annuity when granted shall begin as of the 1st day of the month next following the date of withdrawal from service. In no case shall an annuity become effective prior to the aforesaid date nor more than 60 days prior to the receipt of the application from the member. (b) Any member retiring pursuant to the provisions of this chapter shall notify, in writing, his Department Head and the Administrator, of his intent to retire at least three (3) months prior to the date of his retirement; but in no event shall a member give less than sixty (60) days notice of his intent to retire. (c) In the case of a police officer, firefighter or corrections officer, such automatic retirement shall occur at the age of sixty-five years or after attaining a minimum of ten years of credited service; notwithstanding that withdrawal from service may have occurred prior to the time that application for annuity is made. (d) Any member who has completed thirty years of credited service may retire on a full service retirement annuity notwithstanding his age, without reduction of annuity. Additionally, any member who is age fifty (50) years with ten (10) but less than thirty (30) years of service may retire on a service annuity which shall be reduced by .325 of one percent for each month, or fraction thereof, that the member's age is less than sixty (60) years. A police officer, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, firefighter, including a firefighter employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals or corrections officer who has completed twenty (20) years or more of credited service as a police officer, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, firefighter, including a firefighter employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, or corrections officer, or combination thereof, may retire notwithstanding his age without reduction of annuity. (e) Any member whose withdrawal from service occurs: (1) prior to age sixty (60) years and after at least ten (10) years of credited service; or (2) in the case of a police officer, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a firefighter employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title, 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, or corrections officer, prior to age fifty-five (55) years and after at least ten (10) years of credited service but not as much as twenty (20) years of credited service, and who has not received a refund of accumulated contributions, shall be entitled to receive a deferred service retirement annuity payable upon attainment of age sixty (60) or fifty-five (55) years, as the case may be. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Feb. 23, 1966, No. 1583, §§ 1, 2, Sess. L. 1966, p. 31; May 22, 1967, No. 1987, § 4, Sess. L. 1967, p. 258; Apr. 23, 1970, No. 2700, § 4, Sess. L. 1970, p. 74; May 23, 1980, No. 4431, §§ 1, 2, Sess. L. 1980, p. 52, 53; Oct. 23, 1980, No. 4498, § 25, Sess. L. 1980, p. 223; Oct. 20, 1981, No. 4641, Sess. L. 1981, p. 244; Sept. 17, 1982, No. 4741, § 17, Sess. L. 1982, p. 149; Dec. 29, 1986, No. 5226, § 1(b), Sess. L. 1986, p. 375; Mar. 15, 1990, No. 5522, § 1(v)-(vii), Sess. L. 1990, p. 35; Aug. 9, 1994, No. 6002, § 1(a), Sess. L. 1994, p. 134; Aug. 26, 1994, No. 6007, § 9(b), Sess. L. 1994, p. 159; Aug. 22, 1995, No. 6075, § 7(b)(1), Sess. L. 1995, p. 197; June 30, 2000, No. 6353, § 17(a), Sess. L. 2000, p. 86; Nov. 2, 2005, No. 6794, § 4, Sess. L. 2005, p. 384; Dec. 29, 2006, No. 6905, § 5(2.), Sess. L. 2006, pp. 332-334; Apr. 16, 2007, No. 6917, § 5(a), Sess. L. 2007, p. 14; amended Oct. 26, 2015, No. 7802, § 1(e), Sess. L. 2015, p. 149; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113; amended Oct. 1, 2021, No. 8517, § 2(1)-(3), Sess. L. 2021, p. 228.

(a) Upon retirement from service, a member shall receive a service retirement annuity, payable semi- monthly, computed at the rate of 2.5% of average compensation times the number of years of credited service, not to exceed 40 years. To the amounts of annual service retirement annuity produced by the application of the foregoing rates in any case in which average compensation is $4,500 per year or less shall be added the sum of $20.00 per year of credited service, and in any case in which average compensation is over $4,500 but not more than $6,000 per year, shall be added the sum of $10.00 per year of credited service, however, the foregoing shall not apply to any person with 40 or more years credited service. Notwithstanding any other provision of this chapter, the service retirement annuity of any member or special pensioner who has at least 20 years of credited service regardless of the retirement law in effect when the member retired, shall be not less than $2,400 per year; provided that the service retirement annuity of any such member or special pensioner who has at least 20 years of credited service, and who is not eligible to receive Social Security benefits, shall be not less than $3,600 per year; and provided further, that for the purposes of this provision establishing minimum retirement annuities, the term "member" shall include all members and annuitants of the system and all annuitants of the superseded retirement funds incorporated into the system pursuant to section 721 of this chapter. A proportional amount of service retirement annuity shall be determined and granted for a fractional part of a year of service at the end of the total service period. (b) In the case of a policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, or corrections officer, or combination thereof: (1) The retirement annuity, for credited service of less than 20 years, shall be as provided in subsection (a) of this section, but not less than two percent of average compensation per year of credited service. (2) The retirement annuity for credited service of 20 years or more as a policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands CodVirgin Islands Codedical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, corrections officer, or combination thereof, shall be the annuity produced by 3 percent of average compensation per year of credited service, but in no event shall the retirement benefits payable to a policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands CodVirgin Islands Codedical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, or corrections officer or combination thereof under the provisions of this chapter exceed 90 percent of average compensation, except as increased by paragraph (3) of tparagraph (3)n; Provided, however, That any member qualifying for benefits under this paragraph may elect to receive such benefits or the benefits payable for his years of credited service under subsection (a) of this section. (3) Beginning with the first day of the month coincident with or next following the date following the date on which the retired policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin IsVirgin Islands Codergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals or corrections officer has attained the age of sixty years and who has qualified for annuity payments under paragraphparagraph (2)subsection, the retirement benefits granted under this section shall be increased by 1.5 percent per annum and shall be increased by an additional 1.5 percent per annum each year thereafter. (4) [Repealed.] (c) Only a nurse, teacher or police officer receiving a service retirement annuity who reenters the service of the government may continue to receive his annuity while in receipt of salary from the Government, either by appointment or on a contractual basis, for a period of time not to exceed two years. At the end of such period, the service retirement annuity shall be cancelled and the member shall thereupon again become a contributor to the system. Upon subsequent retirement, the member shall receive a retirement annuity which shall consist of (a) the previous retirement annuity which had been cancelled, plus (b) the additional retirement annuity earned during reemployment. If such member renders at least 3 years of additional service during reemployment, his retirement annuity shall be recalculated according to the provisions of the retirement system in effect at the date of his latest retirement based upon his entire period of service including service rendered both before and after the date of reemployment by the government, provided that the annuity shall in no event be less than the amount originally granted. (d) Notwithstanding subsection (c), any retired member of the System, may reenter the service of the government in the executive branch by appointment for a period of time not to exceed 36 months without any effect on the member's status as retired and without suspension or diminution of the member's retirement annuity under the following conditions: (1) The prospective central government employing entity must obtain approval from the Director of the Division of Personnel after submitting a written request that states detailed reasons for employing the retired member. The respective hiring agency head of all other government entities is the officer required to approve hires under this provision. Before approving a request to employ a retired member, the appropriate officer must find that: (A) The retired member is qualified and competent for performance of the duties of the position in which member is to be employed; (B) There is an urgent need for the retired member's services as a result of an existing vacancy for which the employing entity has been unable to recruit a qualified individual; (C) The hiring is non-permanent rather than a final filling of the position and is a newly established job classification that results in a new employee number being issued to any retiree reentering government service; and (D) The prospective employer has prepared a detailed recruitment plan to fill the vacancy on a permanent basis. (2) Upon approving employment of a retired member under this subsection, the appropriate officer must certify the approval to the System. (3) The retired member may reenter the government service not earlier than nine months from the date of the member's retirement. (4) Upon reentering government service, the member must pay contributions to the System at the Tier I rate pursuant to section 767 of this title, and the employer has a duty to pay its contribution to the System as provided in section 767. (5) Participants under the 65 years of age must be enrolled in the Government health insurance program for active Government employees. The insurance premiums of the participants under 65 years of age must be withheld from their government employment salary. All participants aged 65 and older must maintain the existing state of affairs with respect to their health insurance. (6) Upon subsequent retirement, the member's annuity does not increase as a result of the member's reemployment under this subsection. (7) Employment under this section must be made via the Notice of Personnel Action (NOPA) process, or the regular method of employment used by the hiring agency, except for recipients of professional services contracts awarded through the competitive bidding process. (8) Participants hired to fill unionized positions are subject to and must comply with the union's collective bargaining agreement applicable to their position. (e) Notwithstanding subsection (c), any retired member of the System, may reenter the service of the government in the legislative and judicial branches of the Government by appointment or by contract for a period not to exceed 36 months without any effect on the member's status as retired and without suspension or diminution of the member's retirement annuity under the following conditions: (1) Before approving a request to employ a retired member, the appropriate officer must find that: (A) The retired member is qualified and competent for performance of the duties of the position in which member is to be employed. (B) There is an urgent need for the retired member's services; and (C) The hiring is non-permanent; and (2) The hiring must satisfy the requirements of subsection (d), paragraphs (2), (3), (4), (5) and (6). (f) Notwithstanding any other law, no member shall receive a service retirement annuity in an amount that exceeds $65,000 per annum exclusive of any cost of living annuity, bonuses or adjustments. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended May 22, 1967, No. 1987, § 5, Sess. L. 1967, p. 259; Apr. 23, 1970, No. 2700, § 5, p. 74; Sept. 29, 1970, No. 2822, §§ 1, 2, p. 317; July 22, 1972, No. 3273, § 1, Sess. L. 1972, p. 228; July 8, 1974, No. 3593, §§ 1, 2, Sess. L. 1974, p. 189; Apr. 22, 1977, No. 3963, § 3, Sess. L. 1977, p. 39; June 5, 1978, No. 4132, Sess. L. 1978, p. 83; Aug. 10, 1978, No. 4190, Sess. L. 1978, p. 209; May 23, 1980, No. 4431, § 3, Sess. L. 1980, p. 53; May 23, 1980, No. 4439, § 1(a), Sess. L. 1980, p. 60; Oct. 23, 1980, No. 4498, § 25, Sess. L. 1980, p. 233; Oct. 20, 1981, No. 4641, Sess. L. 1981, p. 244; Mar. 15, 1984, No. 4902, § 34, Sess. L. 1984, p. 67; Dec. 29, 1986, No. 5226, § 1(b), Sess. L. 1986, p. 375; Mar. 15, 1990, No. 5522, § 1(viii), Sess. L. 1990, p. 36; Dec. 9, 1991, No. 5763, § 2(b)(1), Sess. L. 1991, p. 271; Aug. 9, 1994, No. 6002, § 1(b), Sess. L. 1994, p. 134; Aug. 26, 1994, No. 6007, § 9(c), Sess. L. 1994, p. 159; Aug. 22, 1995, No. 6075, § 7(b)(2), Sess. L. 1995, p. 197; Dec. 1, 2001, No. 6479, § 5, Sess. L. 2001, p. 323; Jan. 10, 2003, No. 6571, § 17, Sess. L. 2002, p. 598; July 11, 2005, No. 6732, § 43, Sess. L. 2005, p. 158; Apr. 16, 2007, No. 6917, § 7, Sess. L. 2007, p. 16; June 24, 2009, No. 7070, § 3, Sess. L. 2009, p. 47; amended Oct. 15, 2013, No. 7523, § 1, Sess. L. 2013, p. 126; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113; amended Aug. 30, 2019, No. 8029, § 6(1), (2), Sess. L. 2018, p. 4; amended Apr. 11, 2022, No. 8560, § 1, Sess. L. 2022, p. -; amended Jan. 19, 2023, No. 8690, § 19(a), (b), Sess. L. 2022, p. 451. -.

No retiree of the federal government, the Government of the United States Virgin Islands, or of the private sector shall be employed by the Government of the Virgin Islands on a contractual basis the compensation of which exceeds the highest rate of salary received by that employee before retirement and in any case such rate of compensation shall not exceed $55,000 per year. History: Added Dec. 9, 1991, No. 5763, § 3, Sess. L. 1991, p. 271.

(a) In lieu of the retirement allowance for his life alone, a member, but not a retired member, may elect, revoke, or change a previous elections, to have the actuarial equivalent of his retirement allowance as of the date of retirement applied to provide a lesser retirement allowance, in accordance with one of the optional settlements specified in this section. (b) The election, revocation, or change of election may be made at any time before the effective date of retirement or after the effective date and prior to the making of the first payment on account of any retirement allowance. (c) If a member designates a spouse as the intended beneficiary, at any time before the making of the first payment on account of the member's retirement allowance, his spouse dies, or his marriage is terminated by a final judgment of divorce or annulment, the election of the member is voided upon notice to the System, and the member may make a new election. (d) A member who has elected an optional settlement providing for the payment of a benefit to his spouse may, at any time before the making the first payment on account of his retirement allowance, substitute a different optional settlement. The election, revocation, or change of election must be executed in writing and filed with the System. Any member electing an optional settlement must be advised of the options and status before and after making an election. (e) A deceased member who is eligible for retirement who elected one of the optional settlements specified in this section, the surviving spouse of the member shall receive the same benefits as the surviving spouse would have received if the date of his death had also been the date of his retirement and if retirement had preceded death. In the event benefits are paid to a surviving spouse, no payment shall be made pursuant to this section. (1) If a member dies without having elected an optional settlement and there is a surviving spouse, the member shall be deemed for the purposes of this paragraph to have elected Optional Settlement No. 2 as provided in subsection (h). (2) In either case, the benefits payable to the surviving spouse must be in the same amount as if the member had elected to receive credit for service rendered prior to the date he became a member of this system and had paid the full amount of the contributions in respect to the service. (f) Any election filed under this section prior to the effective date of the amendments to this section enacted by prior law continue to be effective in accordance with the terms of this section as it read prior to the amendments and may thereafter be revoked or changed or voided only in accordance with this section as it read prior to the amendments. (g) A member may designate one or more person as beneficiary. If more than one beneficiary is designated under an optional settlement involving life contingency of a beneficiary, the member shall be deemed to have elected the optional settlement on an equal portion of his allowance independently for each beneficiary. (h) The following options are available to members pursuant to this section: (1) Optional Settlement 1 - The member has the right to have a retirement allowance paid to him until his death, and if he dies before he receives the amount of his accumulated contributions at retirement, to have the balance at death paid to his beneficiary or estate. (2) Optional Settlement 2 - The member has the right to have a retirement allowance paid to him until his death and thereafter to his beneficiary for life. (3) Optional Settlement 3 - The member has the right to have a retirement allowance paid to him until his death, and thereafter to have one-half of his retirement allowance paid to his beneficiary for life. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Apr. 23, 1970, No. 2700, § 6, Sess. L. 1970, p. 75; Nov. 2, 2005, No. 6794, § 5, Sess. L. 2005, p. 384; amended Oct. 26, 2015, No. 7802, § 1(f)(1), (2), Sess. L. 2015, p. 149.

(a) Any member who becomes totally and permanently incapacitated for service as the proximate result of bodily injuries sustained or a hazard undergone while in the performance and within the scope of his duties, if such injuries or hazard were not the consequences of the willful negligence of the member, shall receive a retirement duty disability annuity if: (1) Application is made not more than six months after being advised by a physician not selected or designated by the System that the member is permanently and totally incapacitated for service, if an accidental disability, or six months after the occurrence of disablement, if an occupational disease and proper proof is received from one or more physicians designated by the Board that such member is mentally or physically incapacitated; Provided, however, that if one or more of the physicians designated by the Board have provided proper proof that the member is mentally or physically incapacitated, or totally and permanently disabled, the member shall automatically be entitled to duty disability annuity and the member's disability application need not be presented to the Committee of Medical Review pursuant to § 710a herein. (2) Notice of the accident has been filed with the System within 30 days next following the date of the accident; (3) In the case of members found pursuant to section 584a, subsection (d) of this title to be permanently disabled and unfit to perform their duties, application must be made not more than three months after such determination is made pursuant to section 584a, subsection (d) of this title, and no prior notice of the accident to the office of the Board is required; (4) The decision of the Board must be based on the opinion of the physician selected by the Board and not by the opinion of the physicians selected by the member or any other entity, including, but not limited to the Workers Compensation Administration." (b) The duty disability annuity shall be payable during disability and shall be equal to 75 percent of the member's rate of compensation at date of disability in an amount not to exceed $65,000 per annum. The annuity shall be offset by any amounts received by the member as workers' compensation administration from the employer. (c) For the purpose of this section: (1) A member is totally disabled only if the member's physical or mental impairment or impairments are so severe that the member is unable to perform his previous work and cannot engage in any other kind of gainful employment that exists in the territory. (2) Substantial gainful employment" means any work that is generally done for pay or profit which the member is able to perform with sufficient regularity and duration to provide a reliable source of income which provides an annual income that exceeds the poverty threshold for one person as determined by the Virgin Islands Department of Human Services, irrespective of the number of hours or days that the member actually works. (d) The System may request earnings information from recipients of disability annuities to verify disability claims. The recipient shall provide the earnings information to the Board of Trustees within 30 days of the date of the request. If the recipient fails to provide the requested information within the prescribed time, the duty disability annuity must be discontinued until the requested information is provided. When the requested information is provided, the duty disability retirement annuity must resume. History: Amended Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254; Nov. 2, 2005, No. 6794, § 6 1.-3., Sess. L. 2005, p. 386; amended Oct. 26, 2015, No. 7802, § 1(g)(1)-(3), Sess. L. 2015, p. 149, 150; amended July 9, 2025, No. 8997, § 1, Sess. L. 2025, p. -.

(a) Upon death of a member before retirement as the proximate result of bodily injuries sustained or a hazard undergone while in the performance and within the scope of his duties, if such injuries or hazard were not the consequence of the wilful misconduct of the member, the surviving widow of the member shall be entitled to an annuity equal to 40 percent of the annual compensation of the member at the date of death of the member, to continue during her widowhood. This annuity shall be increased by 10 percent of the member's compensation on account of each unmarried minor child under age 18, subject to a maximum payment to a widow and children of 60 percent of compensation. If there be no widow or if the widow dies or remarries before any child of such deceased member shall have attained the age of 18 years, then each child under said age shall receive an annuity of 10 percent of the member's compensation, to continue until each child attains age 18, subject to a limitation of 50 percent of compensation to all minor children. If there be no widow or children under age 18 then payment of annuity shall be made to the dependent father and dependent mother of the member, at the rate of 25 percent of compensation to each, for life, provided, that if none of the aforementioned beneficiaries is living at the death of the member, no duty-connected death annuity shall be paid under the provisions hereof. (b) Adopted children shall be eligible for benefits hereunder provided the proceedings for adoption shall have been initiated at least one year prior to the date of death of the member. (c) Where any payment under any section of this chapter is due a minor, or a person mentally incompetent or under other legal disability, such payment may be made to the person who is constituted guardian or other fiduciary by the law of the Virgin Islands, or the place of residence of such claimant, or is otherwise legally vested with the care of the claimant or his estate; Provided, That where no guardian or other fiduciary of the person under legal disability has been appointed under the laws of the Virgin Islands or the place of residence of the claimant, payment may be made to any person who in the judgment of the System is responsible for the care of the claimant, and such payment shall be a bar to recovery to any other person. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; May 18, 1961, No. 676, Sess. L. 1961, p. 30; amended Oct. 26, 2015, No. 7802, § 1(h), Sess. L. 2015, p. 150.

(a) Any member under age 60 having at least 9 years of credited service who becomes totally and permanently disabled for service, either mentally or physically, from any cause other than duty disability shall be entitled to a nonduty disability annuity. (b) Such annuity shall begin to accrue upon termination of payments to the employee by the Government of amounts representing full compensation, part compensation or any other form of compensation; Provided, That if written application for such annuity is not filed with the System within 60 days of the date of termination of such compensation payments, the annuity shall begin to accrue as of the day 60 days prior to the receipt of such application. (c) A member shall be considered totally and permanently disabled only after the System has received (1) written certification by at least two licensed and practicing physicians, selected by the Board, that the member is totally and likely to be permanently disabled for further performance of the duties of any assigned position in the service of the employer, and (2) written certification from the employer that the member has been separated from the service of the employer because of a total and permanent disability of such nature as to reasonably prevent further service for the employer, and as a consequence is not entitled to compensation from the employer. Provided, however, if at least two licensed and practicing physicians, selected by the Board, as provided herein, certify that the member is totally and likely to be permanently disabled, notwithstanding 3 V.I.C. § 710a, the member's application need not be submitted to the Committee of Medical Review. (d) The amount of disability retirement annuity shall be equal to 2 percent of average compensation for each year of credited service at date of disability, subject to a minimum of 20 percent of average compensation and a maximum of 60 percent of average compensation in an amount not to exceed $65,000 per annum, exclusive of any cost of living annuity, bonuses or adjustments. Any payments by the employer representing salary or part salary shall be applied to reduce the amount of the annuity payable to the member. (e) The recipient of a non-duty disability annuity shall provide earnings and medical information as requested by the System to verify disability claims. If the recipient fails to provide requested information, the non-duty disability annuity must be discontinued until the time as the requested information is provided. When the requested information is provided, the non-duty disability annuity resumes. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Mar. 29, 1962, No. 861, § 1, Sess. L. 1962, p. 107; May 22, 1967, No. 1987, § 6, Sess. L. 1967, p. 260; Apr. 23, 1970, No. 2700, § 8, Sess. L. 1970, p. 76; June 30, 1983, No. 4839, § 1, Sess. L. 1983, p. 101; Dec. 9, 1991, No. 5763, § 2(b)(3), Sess. L. 1991, p. 271; Nov. 2, 2005, No. 6794, § 7, Sess. L. 2005, p. 386; amended Oct. 26, 2015, No. 7802, § 1(i)(1)-(5), Sess. L. 2015, p. 150, 151; amended July 9, 2025, No. 8997, § 1, Sess. L. 2025, p. -.

(a) There is hereby created a Committee of Medical Review, to fulfill the requirements of Sections 708 and 710 of this chapter, and to assure fair and impartial evaluation of all claims for permanent disability retirement benefits. Claims for duty and nonduty disability, pursuant to 3 V.I.C. § 708 and 710, need not be submitted to the Committee of Medical Review if the appropriate number of doctors designated or selected pursuant to § 708 and § 710, have opined that the member is totally or permanently disabled or mentally or physically incapacitated. The Committee of Medical Review shall consist of at least three (3) and no more than seven (7) physicians who are licensed and Board certified. Each physician must be retained by contract. Any member of the Committee of Medical Review shall refrain from participation when it is clear that they may have a conflict of interest on a particular case. When a member recuses himself, the Committee shall conduct its work with a majority of the members of the committee. The Committee of Medical Review, its substitutes, and its employees may not be held personally liable for conclusions, advice, or recommendations made in accordance with the duties of the Committee of Medical Review. The substitutes shall serve at the pleasure of the Board of Trustees and shall be paid at a rate of compensation set by the Board of Trustees. (b) The Committee of Medical Review shall: (1) review all reports and medical examinations required by this chapter; (2) investigate all essential health and medical statements and certificates filed in connection with an application for disability retirement benefits; and (3) submit to the System a written report of its conclusions and recommendations on all matters referred to it. (c) The Board of Trustees shall, within 270 days of the enactment of this section, promulgate rules and regulations governing the administration of this section. History: Added Nov. 2, 2005, No. 6794, § 8, Sess. L. 2005, p. 387; amended Dec. 29, 2006, No. 6905, § 5(4.), Sess. L. 2006, p. 334; amended Oct. 26, 2015, No. 7802, § 1(j), Sess. L. 2015, p. 151; amended July 9, 2025, No. 8997, § 1, Sess. L. 2025, p. -.

(a) At least once each year during the first five years following the allowance of a disability annuity to any member, and at least once in every three-year period thereafter, until a member's attainment of age 55, the Board shall require any disability beneficiary to undergo a medical examination to be made at the place of residence of said beneficiary, or any other place mutually agreed upon, by a physician or physicians engaged by the System. If an examination indicates that the beneficiary is no longer physically or mentally incapacitated for service in the position held by the member at the date of disability, payments by the system shall be discontinued. The name of such member shall then he placed on the appropriate list of candidates maintained for appointment to a position in the division for which he is found to be qualified at compensation at least equal to the rate he received at the time he last became a beneficiary. (b) Should any member receiving a duty disability annuity or nonduty disability annuity resume a gainful occupation, and his earnings therefrom together with his disability annuity exceed the rate of compensation of the member at the date of retirement, the System shall reduce the amount of disability annuity to an amount which, when added to the compensation being earned by the member, shall not exceed the rate of compensation of the member at the date he last became a disability beneficiary. (c) Should any disability beneficiary refuse to submit to a medical examination as herein provided, payments by the system shall be discontinued until his withdrawal of such refusal, and should his refusal continue for one year, all rights of the member in any disability annuity shall be revoked by the System. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Oct. 26, 2015, No. 7802, § 2(a), Sess. L. 2015, p. 151.

Death while in service (a) Upon death of a member while in service, if no duty-connected death annuity is payable, a payment of the accumulated contributions of the member shall be payable. (b) Upon the death of a member while in service, not enrolled in the Government's Health Insurance Program, if no duty-connected death annuity is payable, a payment of the accumulated contributions of the member plus the following in lump sum shall be payable: To the beneficiary of a member having less than 5 years of credited service An amount equal to one-third of the member's annual compensation in force at the time of death, provided that the rate of such compensation to be used for purposes of computing this death benefit shall not exceed $10,000 per year. Having 5 years or more but less than 10 years of credited service Two-thirds of the member's annual compensation in force at the time of death, provided that the rate of such compensation to be used for purposes of computing this death benefit payment shall not exceed $10,000 per year. Having 10 years or more of credited service The full annual compensation of the member in force at the time of death, not to exceed $10,000. Death after retirement (c) Upon death of a retired member, unless an optional benefit has been elected as provided in section 707 of this title, a lump-sum payment equal to the excess of the annual salary of the member at the date of retirement as defined in section 702(a) of this title, plus the member's total contributions, over the amounts received by the member in annuity payments up to the time of his death, and if the member is enrolled in the Government's Health Insurance Program the Life Insurance Benefits of $5,000, shall be paid to the designated beneficiary of the member. Designation of beneficiary's payment in absence of designation (d) The death benefit payments as provided under subsections (a), (b) and (c) of this section shall be payable to a beneficiary designated by the member. In the absence of such designation, the death benefit payments provided under subsections (a), (b) and (c) of this section shall be payable to a beneficiary of the member in the following order of precedence: (1) The surviving spouse (2) If there is no surviving spouse, to the child or children, and descendants of children by representation, in equal amounts (3) The parents of the member (4) Where none of the above-named survive, the member's estate shall only be entitled to receive payment of the excess of the member's accumulated contributions over the amount of annuity payment received by the member up to the time of his death. (e) Upon death of a member occurring while in service, the deceased member's surviving spouse shall be entitled to a payment of the accumulated contributions of the member. The accumulated contributions of the deceased are not payable to a surviving spouse who is entitled to a duty-connected death annuity. If there is no surviving spouse, the death benefit as provided in subsections (a) and (b), whichever is applicable, is payable. (f) Upon the death of a member who is a police officer in the employ of the U.S. Virgin Islands Police Department (V.I.P.D.), a firefighter in the Virgin Islands Fire Service or in the Port Authority Fire Service, a Corrections Officer employed by the Bureau of Corrections, a Virgin Islands marshal and probation officer of the Superior Court, an Enforcement Officer of the Department of Planning and Natural Resources, or any agent of the Virgin Islands Drug Enforcement Bureau, who is killed in the performance of his official duty, whether or not such officer was officially on duty at the time of the incident which was the cause of the death, the mortuary service which prepares the body for burial or interment or renders any other services connected with the death, shall receive reimbursement, not to exceed $5,000, from the Government of the United States Virgin Islands for actual expenses incurred. (1) Within three working days of the death of an employee covered under this subsection the head of the Department or Agency in which the person was employed, or his designee, shall certify the death to the Commissioner of Finance and shall deliver to the Commissioner of Finance a copy of the death certificate and an itemized accounting of mortuary or other services rendered. (2) The Commissioner of Finance shall reimburse the mortuary service for actual expenses incurred, not to exceed $5,000, within two weeks of the date of receipt of the documents delivered to him pursuant to paragraph (1) of this subsection. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Mar. 29, 1962, No. 861, § 3, Sess. L. 1962, p. 107; June 15, 1962, No. 893, Sess. L. 1962, p. 177; May 22, 1967, No. 1987, § 7A, B, Sess. L. 1967, p. 261; Apr. 23, 1970, No. 2700, § 9, Sess. L. 1970, p. 77; Feb. 8, 1973, No. 3372, Sess. L. 1972, p. 566; Apr. 18, 1977, No. 3958, Sess. L. 1977, p. 34; May 28, 1981, No. 4558, § 1, Sess. L. 1981, p. 53; Mar. 31, 1982, No. 4689, § 9(a), Sess. L. 1982, p. 52; Nov. 3, 1983, No. 4864, § 7, Sess. L. 1983, p. 198; June 24, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Mar. 5, 2005, No. 6730, § 23, Sess. L. 2005, p. 106; Nov. 2, 2005, No. 6794, § 9 1., 2., Sess. L. 2005, pp. 387, 388; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

(a) Upon withdrawal from service, any member who does not have ten years of credited service and is not then eligible for a service retirement annuity shall be entitled to receive a refund of the accumulated contributions, plus regular interest, including contributions made by the member to any superseded retirement System. Any member withdrawing from service who does not receive a refund and later returns to service shall receive credit for the amount of credited service in force at the time of his withdrawal from service. Any member receiving a refund shall thereby waive and relinquish all accrued rights in the System including all accrued credited service. The System may, in its discretion, withhold payment of a refund for a period not to exceed one year after receipt of an application from a member. If no specific request to the contrary is made by a member within 30 days from the date of his separation from the service, the System may, in its discretion, refund the accumulated contributions of any member who has less than 3 years of credited service; notwithstanding that such member may not have applied for a refund. (b) Any member who has received a refund shall be considered a new member upon subsequent reemployment if such person qualifies for membership under the provisions hereof. Additionally, the member shall pay to the System the withdrawn contributions, the interest paid on those contributions prior to withdrawal, the income the System would have earned had those contributions remained in the System, and the interest on the unpaid balance, if the member elects to redeposit on an installment basis, provided the payments do not exceed a period of five consecutive years. (c) (1) Whenever the System receives from the employer a member's contributions, due to partial payment of the "salary right" of a member, as defined by section 702(z) of this chapter, and the contributions are not adequate to permit the System to adjust the member's service retirement annuity for paid membership service, or no Notice of Personnel Action (NOPA) is received to permit the System to adjust the member's service retirement annuity, the System shall refund the member's contributions. (2) Payment of the member's contributions to the member is final and in lieu of the member's receipt of membership service credit, and the member is not entitled to any membership service credit that the member would have received, or to which the member would have been entitled, if contributions were paid on compensation created by the "salary right". History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Mar. 29, 1962, No. 861, § 3, Sess. L. 1962, p. 107; May 22, 1967, No. 1987, § 9A, B, Sess. L. 1967, p. 262; Dec. 28, 1973, No. 3512, § 1, Sess. L. 1973, p. 306; June 30, 2000, No. 6353, § 10, Sess. L. 2000, p. 84; Nov. 2, 2005, No. 6794, § 10 1., 2., Sess. L. 2005, p. 388; amended Oct. 26, 2015, No. 7802, § 2(b)(1)-(3), Sess. L. 2015, p. 151.

(a) Membership in the system for members of the Legislature shall be optional. Each member in service on July 1, 1970, and who is not then a member of the system by previous election, may obtain coverage in the system by filing an application within twelve (12) months from such date, on a form provided by the Administrator. Salary deductions for new members of the system, at the rate prescribed herein, shall begin from the first payroll period following the filing of the application with the Administrator and credited service as a member of the system shall begin to accrue. Any such new member who desires credit for service rendered as a member of the Legislature shall contribute to the system the amount of contribution in effect during such prior service not later than June 30, 1971. (b) Each person who becomes a member of the Legislature after July 1, 1970, and who is then not a participant by previous election, shall automatically become a member of the system and be subject to salary deductions hereunder unless, within 90 days from the date he becomes a member of the Legislature, he filed with the Administrator a written notice of election not to participate. (c) Participation in the system on the part of any member of the Legislature shall continue until the date he becomes an annuitant, dies or accepts a refund of his contributions thereto. Notwithstanding the provisions of this chapter, proportionate contributions shall be made by each member of the Legislature who has completed ten (10) years of service if the member elects to receive pension credit for any period for which such member was not covered by the system, provided, however, that such proportionate contributions are made retroactively for the respective period of service. (d) The rate of contribution to the system on the part of a member of the Legislature who becomes a member of the system shall be 9 percent of his annual salary. This rate shall apply to service rendered beginning January 9, 1989. For purposes of this chapter, service as a member of the Legislature during any part of a calendar year shall be deemed to be a year of credited service. The employer and employee contributions must be made for the full calendar year, including a charge to be determined by the actuary of the System. (e) The conditions governing eligibility for service retirement for any member of the Legislature and the amount of the annuity shall be as stated in this section, all other provisions of this chapter notwithstanding. Vesting in a service retirement annuity shall attach upon completion of 6 years of credited service. Any such member shall be eligible for service retirement beginning at age 50 on a service retirement annuity equal to the rate set forth in the following schedule: 1. For each year of credited service during the first 6 years-2 1/2 percent of compensation; 2. For each year of credited service from 7 to 12 years inclusive-3 percent of compensation; 3. For each year of credited service above 12 years-4 percent of compensation; provided that the maximum service retirement annuity of 75 percent of compensation shall, in any event, be payable upon completion of twenty years of credited service, whether or not such member has reached age 50. For purposes of this subsection, the term "compensation" shall mean the highest rate of salary, as established by section 71 pursuant to the provisions of section 73 of Title 2, Virgin Islands Code, received by that member during his tenure as a member of the Legislature and shall increase only as provided under this chapter. (f) In the case of any member of the Legislature who shall become separated from the service before he completed an aggregate of 6 years of service as a member of the Legislature, the total amount paid by such member of the Legislature shall, upon his application, be returned to him or such legislative service shall be credited to the member's service as provided by Title 3, section 704, subsection (k), Virgin Islands Code. No such member of the Legislature shall thereafter receive credit for such service unless he again becomes a member of the Legislature and redeposits the amount so returned. (g) (1) Nothing contained in this chapter shall be construed to prevent any person eligible therefor from simultaneously receiving an annuity computed on the basis of years of service other than as a member of the Legislature and an annuity computed in accordance with this section; nor shall anything contained in this chapter be construed to prevent a member of the Legislature from receiving, while serving in the Legislature, an annuity for nonlegislative service. (2) Nothing contained in this chapter shall prevent any person elected as a member by the Legislature of the Virgin Islands from simultaneously receiving an annuity under this section while so employed; nor shall anything in this chapter prevent any elected member from receiving a pension from the government of the United States Virgin Islands while receiving an annuity under this section. (h) No provision of this chapter or any other Act relating to automatic separation from the service shall be applicable to a member of the Legislature. (i) As used in this section, the term "Legislature" means the Legislature of the Virgin Islands, and the previous Legislative Assembly of the Virgin Islands and the previous Municipal Councils of the Municipality of Saint Thomas and Saint John and the Municipality of Saint Croix. Notwithstanding any other provision of this title, any member of the Legislature Assembly or a Municipal Council may obtain credit for such service by contributing to the system an amount equal to $100 for each year of service as a member of the Legislative Assembly or a Municipal Council. (j) In no case shall service other than as a member of the Legislature be considered service for the purposes of this section, nor shall service as a member of the Legislature be considered service for any purpose other than as specified in this section. (k) The provisions of this section with respect to conditions governing membership in the system, rates of contribution, conditions for retirement and rates of annuity, as prescribed by this amendatory act of 1970, shall apply fully to all membership of the Legislature in service on July 1, 1970, and to those who become members of the Legislature thereafter. All other sections of this chapter to the extent that they confer additional rights or benefits in the system to participants therein, shall apply with equal force to members of the Legislature who are members of the system to the same extent as in the case of all other employee participants and their beneficiaries, and other provisions of this chapter to the contrary notwithstanding. (l) [Repealed.] History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Jan. 25, 1960, No. 524, Sess. L. 1960, p. 18; Mar. 18, 1963, No. 970, §§ 1, 2, Sess. L. 1963, p. 184; Apr. 21, 1965, No. 1438, Sess. L. 1965, Pt. I, p. 201; May 22, 1967, No. 1987, § 10, Sess. L. 1967, p. 262; Apr. 23, 1970, No. 2700, § 10, Sess. L. 1970, p. 77; Feb. 12, 1971, No. 2936, Sess. L. 1970, p. 427; Dec. 6, 1972, No. 3345, Sess. L. 1972, p. 519; July 2, 1973, No. 3455, § 1, Sess. L. 1973, p. 158; Dec. 27, 1983, No. 4882, § 7(c), Sess. L. 1983, p. 259; Feb. 1, 1985, No. 5039, § 2(a)(1), (b), Sess. L. 1984, p. 462; July 17, 1989, No. 5424, § 5(a)-(c), Sess. L. 1989, p. 23; Apr. 6, 1990, No. 5540, § 2, Sess. L. 1990, p. 170; Dec. 9, 1991, No. 5763, § 1, Sess. L. 1991, p. 271; May 20, 1994, No. 5979, § 2(a), Sess. L. 1994, p. 70; Sept. 25, 2001, No. 6430, § 2, Sess. L. 2001, p. 188; amended Oct. 26, 2015, No. 7802, § 2(c), Sess. L. 2015, p. 152.

(a) The Virgin Islands Government Employees Retirement System is established as an independent and separate agency of the Government of the United States Virgin Islands. The responsibility for the proper operation of the System and for making effective the provisions of this chapter is vested in the Board of Trustees. The Board of Trustees shall be composed of seven members who shall be appointed by the Governor with the advice and consent of the Legislature and the Director of Personnel as an ex-officio non- voting member. Two members shall be appointed from a group of at least six persons who are members of the Central Labor Council, active members of the Government Employees Retirement System, and who have been recommended by the Executive Committee of the Central Labor Council. One such appointee shall be a resident of the District of St. Croix and one such appointee shall be a resident of the District of St. Thomas-St. John. Of the remaining five members, two shall be a retiree of the Government Employees Retirement System, elected through a process to be determined and conducted by the system, and at least one shall be an active member of the Government Employees Retirement System; provided that two such appointees shall be residents of the District of St. Croix, two such appointees shall be residents of the island of St. Thomas and one shall be a resident of the island of St. John. Each member shall serve a term of five years. No member may serve more than two complete terms. Any vacancy shall be filled in the manner of the original appointment for the unexpired term. Notwithstanding the date on which any member's term expires, all members shall serve until their successors are appointed and approved. The Governor shall designate one of the members to serve as Temporary Chairman, whose sole responsibility shall be to call the first meeting of the Board. Members may be removed for cause. Notwithstanding section 65a, of this chapter, members whose terms have expired shall continue to serve until their successor is nominated by the Governor and confirmed by the Legislature of the Virgin Islands. All members of the Board of Trustees, who are employees of the Government of the United States Virgin Islands or of any of its instrumentalities, shall be automatically granted administrative leave to attend Board meetings or whenever they are in the process of conducting any official business of the Board of Trustees as designated by the chairperson of the Board. (1) Each trustee shall take an oath of office that so far as it rests upon him he will diligently and honestly administer the affairs of the System, and that he will not knowingly violate or willfully permit to be violated any of the provisions of law applicable to the System. Such oath shall be subscribed by the trustee taking it, and certified by the officer before whom it is taken, and immediately filed with the Lieutenant Governor. Members shall receive $75 for each day or part thereof spent in work of the Board, but no member shall receive more than $5,000 in any fiscal year. Trustees shall also be reimbursed by the System for all necessary expenses that they may incur through service on the Board. Appointed government members may elect to receive the remunerations as provided for in this subsection or any other remuneration to which they would otherwise be entitled for working on the Board. (2) With the exception of the two members from the Central Labor Council and the Director of Personnel, members of the Board of Trustees shall have at least five years experience and at least a bachelor's degree in any of the following: investment banking; economics; finance; insurance; law; medicine; accounting; actuarial science; taxation; real estate appraisal or brokerage and securities trading. (b) For making effective the provisions of this chapter, the Board shall adopt rules and regulations to govern its internal organization and functioning and shall approve and cause to be promulgated from time to time such other regulations as the Administrator may require for the proper and efficient administration of the System according to the law. The Board shall have, in addition to the duties arising out of this chapter, the following powers and duties; namely, to: (1) Hold regular meetings, at least quarterly each year, and such special meetings as may be deemed necessary. All meetings shall be open to the public. The Board shall keep a full record of all its proceedings; (2) Consider and adopt resolutions on matters referred to it by the Administrator in connection with changes in policy and revisions of this chapter; (3) Authorize the purchase and sale of investments by the System as may be proposed by the Administrator; (4) Investigate and decide on appeal at the request of any member, decisions of the Administrator except those relating to classification or allocation of positions as provided under section 496 of this chapter or relating to discrimination under sections 523 and 531 of this chapter or relating to dismissals, demotions, and suspensions under section 530 of this chapter; (5) Not later than four months following the close of each fiscal year, the Board shall transmit to the Governor and the Legislature an Annual Report on the operations of the System containing, among other things, a balance sheet on the financial condition of the System, a statement of income and expenditures for the year, a report on the most recent actuarial valuation of its assets and liabilities of no later date than three years prior to the time of the report, a detailed statement of the investments acquired and disposed of during the year, a list of investments owned; and other statistical and financial data which may be necessary for a proper understanding of the financial condition of the System and the result of its operations. The Board shall cause to be published in a Virgin Islands newspaper of general circulation a summary of the Annual Report, authorized under this paragraph for the benefit of the members of the System; (6) Make contracts, including contracts for professional and legal services, and sue and be sued under the name and style of the Government Employees Retirement System of the Government of the United States Virgin Islands; (7) Prescribe the policies for the proper operation of the System and carry on any other reasonable activities which are deemed necessary to effectuate the intents and purposes of the System in accordance with the provisions of this chapter. No member of the Board of Trustees may, during any process involving the request for proposals or the selection of any vendor or contractor for goods or services by the board, communicate concerning any matter relating to the request for proposals or selection with any applicant or bidder, or an officer or employee of any applicant or bidder, outside of the application or bidding process. This section applies to investment products, including but not limited to, bonds, real estate, and stocks; (8) Recommend to the Governor and the Legislature not less than biennially an adjustment in benefits for all annuitants and pensioners based on a review of cost-of-living and related economic factors and consistent with actuarial projections on the solvency of the System; (9) Deposit funds in banking institutions that are members of the Federal Deposit Insurance Corporation; (10) The Board shall annually retain a nationally recognized Certified Public Accountant, with experience in pension and trust accounting, to audit the financial statements of the system. The term for which the Board may contract to employ a Certified Public Accountant may not exceed five years, nor may the Board contract the same person or entity for more than two consecutive five-year terms; and (11) Accept, receive, deposit, control, invest, and manage appropriations, gifts, devises, bequests, or contributions regardless of the source thereof, on behalf of the system. (c) The Board of Trustees shall appoint, with the advice and consent of the Legislature, the Administrator of the Government Employees Retirement System, who shall be in charge of the detailed affairs of the System. The Board of Trustees may also appoint as many Assistant Administrators as it deems necessary. The Administrator shall administer the business of the System and be responsible for its proper operation, subject to the orders, resolutions, and directives of the Board. He may employ such clerical, professional and technical support services as the Board may determine necessary for the proper operation of the System. (1) Exempt employees of the Government Employees Retirement System may not be terminated or suspended except for cause. (2) Any exempt employee whose termination or suspension is recommended must be informed in writing. Within ten days after being served notice of termination or suspension, the employee shall have the opportunity to appeal the decision of the Administrator to the Board of Trustees. After considering the evidence presented by the Administrator and the employee, the Board of Trustees may affirm or reverse the recommendation of termination or suspension of the employee. (3) Any exempt employee served with a notice of termination or suspension is entitled to a hearing before the Board of Trustees and may be represented by counsel. (4) If the Board of Trustees affirms the recommendation of termination or suspension, the employee may file a writ of review in the Superior Court of the Virgin Islands within 30 days of the Board of Trustee's decision. (5) If the Superior Court determines that there existed no cause for termination or suspension of the employee and it orders that the employee be reinstated, the employee shall be paid all wages and benefits that he would have received while awaiting the decision of the Superior Court. (6) Any employee reinstated by the Superior Court is entitled to receive reasonable attorney fees and costs incurred. (d) The Administrator shall have, in addition to the foregoing authority, the following powers and duties, to: (1) Establish an office for the Government Employees Retirement System and provide for a complete and adequate system of accounts and records as may be required for the effectuation of the provisions of this chapter; (2) With the advice of a technical advisor, adopt the required actuarial tables and compile the statistical data necessary for periodic actuarial valuations and surveys of the operations of the system; (3) Attend all meetings of the Board and carry out the resolutions and directives of the Board; (4) Certify to the Department of Finance the payments to be made according to the provisions of this chapter; (5) Remit or deposit in the name of the Government Employees Retirement System of the Government of the United States Virgin Islands all moneys received for the account of the System and render an accounting according to the law and the rules and regulations in force; (6) Formulate rules and regulations to govern the operation of the System for presentation to the Board for its approval; (7) Make recommendations to the Board for the investment or reinvestment of funds of the System, and on any change or revisions in the provisions of this chapter; (8) Prepare the Annual Report on the operations of the System and submit the same to the Board for its approval and to the Governor and the Legislature for their information; (9) Issue a statement of accounts showing the amount of a member's contributions to the System within 30 days of the date of a request of such member; (10) Render any reports to the Board that it may request in connection with the operations of the System; and (11) Issue to each retiring member and the Virgin Islands Bureau of Internal Revenue a statement of the amount of the retiring member's retirement contributions. (e) Nothing in this chapter shall be construed as exempting the Board of Trustees or the Government Employees Retirement System of the Government of the United States Virgin Islands from any law made specifically applicable thereto or generally applicable to independent instrumentalities of the Government of the United States Virgin Islands, whether such law was enacted before, on or after the date of enactment of this section. (f) The Board shall sit as a panel from time to time, but not less than once monthly, to hear suggestions of retired government employees on improvements to the System and decide grievances of retired Government employees. Whenever possible, the Board shall remedy the grievance in an equitable manner. (g) In addition to the powers conferred in this section, the Board is granted, shall have and may exercise all rights and powers necessary to carry out the following provisions; (1) To sell, exchange, transfer, assign, mortgage, pledge or otherwise dispose of, or encumber, any real or personal property, or any interest or estate in the property; provided that no provision of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the system unless the Legislature shall specifically exempt or restrict property from this paragraph or shall otherwise so provide; provided further, that except for a sale resulting from mortgage foreclosure, in no case shall the Board have the power to sell any property unless the property, in the judgment of the Board, is no longer required for the purpose of carrying out the business of the system or for effectuating the purposes of this chapter; (2) To borrow money, make and issue bonds of the Board for any of its corporate purposes, and give security therefore, provided that the authorization for the issuance of the amount of bonds shall not exceed ten percent (10%) of the market value of the total investments of the System on the date that the indebtedness is issued; (3) To make and issue bonds for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued or assumed by it. (h) In the issuance of bonds, as provided under subsection (g), of this section, the Board may; (1) authorize the issuance of such types of bonds as it may determine, including but not limited to, bonds on which the principal and interest are payable; (A) exclusively from the income and revenues of a project financed with the proceeds of the bonds; (B) exclusively from the income and revenues of certain designated investments, whether or not they are financed in whole or in part with the proceeds of the bonds; or (C) from the Systems revenues in general. (2) Any bonds may be additionally secured by a pledge of any loan, grant or contribution from the Government of the United States Virgin Islands or other source, or a pledge of income or revenue of the System, or a mortgage of any project, or part thereof, or other property of the System. (i) The Board of Trustees, on behalf of the System, may accept grants or loans from and enter into contracts, leases, agreements, or other transactions with any federal agency, the Government of the United States Virgin Islands, or any instrumentalities or political subdivisions thereof, and expend the proceeds of any of the grants or loans for any of its corporate purposes. (j) The Board may select, purchase, or acquire in the name of the system, the fee or any lesser interest in real property, improved or unimproved, for its purpose and may construct, remodel, and equip office buildings for its use and for investment purposes, and for the use of other departments or instrumentalities of the government, or appropriate private commercial entities as space to be made available for rent or lease from time to time. The Board may negotiate for the purchase of the real estate property by cash, by first mortgage, or by issuing bonds to the extent that the investment does not exceed the limitations of this chapter. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Feb. 16, 1979, No. 4264, §§ 1, 2, Sess. L. 1979, p. 10; May 24, 1979, No. 4301, §§ 1, 2, Sess. L. 1979, p. 53; Dec. 18, 1979, No. 4377, § 1, Sess. L. 1979, p. 249; Feb. 14, 1980, No. 4407, § 2(g), Sess. L. 1980, p. 13; Oct. 23, 1980, No. 4498, § 9, Sess. L. 1980, p. 229; Nov. 3, 1983, No. 4864, § 2, Sess. L. 1983, p. 195; June 1, 1984, No. 4951, § 5, Sess. L. 1984, p. 153; Jan. 14, 1985, No. 5035, § 14(a)-(c), Sess. L. 1984, p. 446; Oct. 14, 1986, No. 5206, § 104(e), Sess. L. 1986, p. 233; June 24, 1987, No. 5265, § 1303(a), Sess. L. 1987, p. 97; Nov. 28, 1987, No. 5290, § 5, Sess. L. 1987, p. 154; Mar. 15, 1990, No. 5522, §§ 1(ix), (x), 2, Sess. L. 1990, p. 36; Dec. 28, 1990, No. 5666, § 1, Sess. L. 1990, p. 469; Sept. 2, 1994, No. 6010, § 1(j), Sess. L. 1994, p. 164; Aug. 23, 1999, No. 6289, § 13 2., Sess. L. 1999, p. 74; Sept. 25, 2001, No. 6430, § 1, Sess. L. 2001, p. 187; Sept. 28, 2001, No. 6463, § 9(a), Sess. L. 2001, p. 270; Nov. 23, 2004, No. 6717, § 3, Sess. L. 2004, p. 262; Nov. 2, 2005, No. 6794, § 11 1.-11., Sess. L. 2005, pp. 388-391; Sept. 20, 2010, No. 7195, § 2, Sess. L. 2010, p. 173; amended Oct. 26, 2015, No. 7802, § 2(d)(1), (2), Sess. L. 2015, p. 152.

(a) The Board of Trustees shall appoint a treasurer of the system who shall perform the following duties: (1) Act as official custodian of the cash and securities belonging to the system and provide adequate safe deposit facilities for the preservation of the securities and hold the cash and securities subject to the order of the Board; (2) Receive all items of cash belonging to the system; (3) Collect the interest and principal on securities acquired by the system and deposit all such amounts in a special trust fund maintained in the name of the board; (4) Make payments for the various purposes specified in this chapter in accordance with the direction and authorization of the Administrator; (5) Submit such periodic reports or statements of accounts as the board may require. (b) The Administrator of the Government Employees Retirement System shall employ, with the advice and consent of the Board of Trustees, an attorney for the system. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Mar. 15, 1990, No. 5522, § 1(xi), Sess. L. 1990, p. 37; Aug. 23, 1999, No. 6289, § 13 1., Sess. L. 1999, p. 74.

(a) [Repealed.] (b) The Board is vested with the discretionary investment strategy authority to vary the investment criteria set out in this section by no greater than 25% of the aggregate amounts specified. The Board is prohibited from changing the securities ratings specified in this section; however, the Board may invest a maximum of 15 percent of the portfolio in below-investment grade securities. The Board, after determining it is in the best interest of the System, may hold securities that have been downgraded to below investment grade, and those securities do not apply towards the 15% below investment grade allocation. The Board of Trustees shall make investment decisions in accordance with the "prudent investor standard." The reserves of the system in excess of the cash requirements for current operations shall be invested and reinvested in a diversified portfolio of assets so as to meet the objectives and goals set forth by the Board of Trustees in the System's Investment Policy Statement. The following types of securities and investments, including certain limitations, must comprise at least 80 percent of the System's assets. (1) Bonds and notes of the United States Government and its agencies and instrumentalities, the obligations of which, both as to principal and interest, are guaranteed unconditionally by the United States Government; (2) Bonds or notes which are general obligations of any State in the United States, or of any political subdivision thereof; Provided, such political subdivision had a population as shown by the last Federal Census preceding such investment of not less than 30,000 inhabitants; And provided further, That such State or political subdivision thereof has not defaulted for a period longer than 30 days in the payment of interest or principal on any of such general obligations during the period of 10 years next preceding such investment; (3) Bonds or other obligations which are payable from revenue or earnings specifically pledged therefor of a public utility which is municipally owned either directly or indirectly through any civil division, authority or public instrumentality of the municipality, provided: (a) the municipality has at least 30,000 inhabitants; (b) the utility has been in operation for at least 10 years prior to the date of investment; (c) bonds or other obligations of such utility have not been in default for any period longer than 30 days; (d) the rates for service are fixed and maintained and collected at all times so as to produce sufficient revenue or earnings to pay all operating and maintenance charges and both the principal and interest on such bonds or obligations; (e) the investment in any one issue of such bonds does not exceed 15 percent of such issue, and that the total investment in this type of security shall not at any time exceed 10 percent of the total investment of the system; (4) Bond or any other evidences of indebtedness issued or guaranteed by any corporation, chartered under the laws of the United States, provided that these securities and investments bear a rating of "BBB" or better by any two nationally known security concerns. Not more than 5 percent of total investments shall consist of any one issue of these bonds. (5) Bank loans and convertible securities that bear a rating of "B" or better by any two nationally known security rating concerns. Not more than 2 percent of total investments shall consist of any one issue of these bonds. (6) Bonds or other evidences of indebtedness of any domestic industrial corporation, provided that these securities and investments bear a rating of "BBB" or better by any two nationally known security rating concerns. Not more than 2 percent of total investments shall consist of any one issue of these bonds. (7) Bonds or other obligations of the Commonwealth of Puerto Rico or of the Territories of the United States, provided that the investment in any one issue of bonds of these communities shall not exceed 10 percent thereof, and that the total investment in all securities and investments of any one of such communities shall be limited to 2 percent of the total investment account of the system. (8) Common and preferred stocks of any corporation chartered under the laws of the United States, or of any state, district or territory thereof, if listed on a national securities exchange as defined in the Federal Securities Exchange Act, and are legal for trust funds in the Virgin Islands; Federal Securities Exchange Actof any foreign corporation if listed on any internationally recognized security exchange. The investment in the stock of any single corporation should not exceed 1 percent of the market value of the total investment of the fund on the date of purchase or be greater than 1 percent of the total outstanding stock of the corporation. The aggregate amount to be invested in common and preferred stocks shall be limited to 70 percent of the market value of the total investments of the system. Investment in foreign stocks shall be limited to 25 percent of the market value of the total investment of the system. The aggregate amount to be invested in common and preferred stocks shall be limited to 20 percent of the book value of the total investments of the system on the date the investment is made and the investment in any such stocks or a sale thereof shall be approved by at least two- thirds of the membership of the board. (9) (A) Viatical senior and/or life settlement policy contract investments provided: (i) When the investment is in a group of life insurance policies, that the minimum number of measured lives is 100; (ii) All policies purchased as investments must be issued by insurers licensed to do business in at least one of the United States or its territories; (iii) The face value of any single policy investment by the system shall not exceed the greater of $5,000,000 or 2% of the aggregate face value of policy investments by the system; (iv) The aggregate face value of policy investments by the system on any individual life shall not exceed the greater of 10,000,000 or 1% of the aggregate face value of policies purchased as investments by the system; and (v) Policy investments may include policies on the life of members of the system. (B) The total purchase price of investments of the system in viaticum life and senior settlement policy contracts shall not exceed 20% of the total investments of the system. (10) All securities and investments purchased by the said Board shall be registered in the name of the system, and no securities or investments shall be purchased or sold or in any manner hypothecated except by the action of said Board duly entered in the record of its proceedings. However, notwithstanding any other provision of law, the Board of Trustees may establish a domestic trust that will meet applicable U.S. Internal Revenue Code provisions, for the purpose of receiving,U.S. Internal Revenue Codesferring assets of the system on the continental U.S. mainland. Subject to the limitations prescribed in this section, the Board shall have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments that it shall have acquired, as well as the proceeds thereof. All securities and investments shall be acquired by the Board at prices representing the prevailing market value for such securities and investments. Except as otherwise provided herein, no trustee and no employee of the Board shall have any direct interest in the income, gains or profits of any investments made by the Board, nor shall any such person receive any pay or emolument for service in connection with any investment made by the Board. No trustee or employee of the Board shall become an endorser or surety or in any manner an obligor for money loaned or borrowed from the system. All interest and dividends derived from investments, and any gains from the sale or exchange of investments, shall be credited by the treasurer to the account of the system. (11) Mortgage loans to members or retirees of the system for construction of a home, for purchase of a home, or for capital improvements of a home. Subject to such rules and regulations that the board may prescribe, any member of the system who has contributed for at least five years shall have the privilege of borrowing from the retirement system for the construction of a home (including the construction of cisterns and foundation slabs), for the purchase of a home, or for capital improvements of a home owned by the borrowing member which improvements increase the value of the property. The board shall, to the extent possible, apportion the loans equally between members or retirees residing in St. Croix and members or retirees residing in St. Thomas and St. John. A member or retiree who already owns a home, whether rented or owner-occupied, shall be eligible for a mortgage loan (i) for capital improvements to that home; (ii) for refinancing and amortizing an existing first priority mortgage on that home; and (iii) for purchase of a second residential property. The Board may require as a condition to making a mortgage loan that the mortgagor insure the system's interest as mortgagee of the property with insurance coverage similar to that coverage which is normally required for a mortgage loan by a bank, insurance company or other mortgage lender, including but not limited to title, casualty, and life insurance. The System shall provide to the mortgagor an annual mortgage statement indicating the balance owed, and the principal and interest paid on the loan. (A) Thirty (30) percent of the reserves in excess of the cash requirements for current operations shall be available for investment in loans provided for in this subdivision. (B) The total amount of loan outstanding to any member shall not exceed three hundred fifty thousand ($350,000) dollars. (C) The loan authorized under this subsection, may not extend beyond a thirty (30) year period or until the member reaches the age 70. (D) During construction until a mortgage is executed a bond shall be given to the system as security. In addition, the salary of the member shall be deemed collateral security as it becomes due and payable until the principal amount of the loan, together with any interest thereon, are paid in full to the system pursuant to the provisions of paragraph (g) of this subdivision. (E) Every loan undparagraph (g)vision shall be secured by a first or second priority mortgage upon the land and upon each building or other structure thereon which is to be constructed, to be purchased, or to be improved under the provisions of this subdivision, until the principal amount of the loan, together with any interest thereon, are paid in full to the system pursuant to the provisions of paragraph (g) of this subdivision. The System is authorizedparagraph (g)o the mortgaging of real property, previously mortgaged pursuant to the provisions of this paragraph to a private lending institution, for the purpose of securing an additional construction or improvement loan from such institution by the member-grantee or for the purpose of refinancing an existing first priority mortgage. If the System shall determine that the total value of the land and any improvements thereon is sufficient to protect the interest of the system as holder of a second priority mortgage, then such consent agreement may include subordination of the rights of the system in the mortgage under this paragraph for all purposes, including foreclosure proceedings by the mortgagee. (F) Every member, securing a mortgage loan under the provisions of this subdivision shall assign to the system as further security, until the loan and interest thereon are paid in full, all of his accumulated contributions as well as any other contributions which may accumulate in the system in his favor; provided, however, that in the case where two persons may hold a mortgage loan jointly, which loan is not insured by a death or permanent disability policy as provided by subparagraph (H), and one shall have died or become permanently disabled, the other may elect to have a portion of the benefits assigned by the deceased or disabled applied each month to the mortgage loan in lieu of a monthly mortgage payment by the surviving or non-disabled party until the entire amount of the assignment is depleted. It is further provided, that in order to assist a member in obtaining a loan pursuant to this paragraph, the following may be permitted: (1) A member may, in lieu of a cash down payment, assign to the system his equity in any real property, improved or unimproved, as follows: (A) Upon the assignment of the equity, as provided in this paragraph, the member shall be eligible for a mortgage loan, if his income is sufficient to meet the loan payments as prescribed in this section; or (B) If the equity assigned, as provided in this paragraph, by the member is less than the amount that is needed for the down payment, the member may, in order to qualify for a loan under this paragraph, present in cash the difference between the value of the assigned equity and the required down payment. (2) To establish eligibility for a loan under this paragraph and ability to repay the loan, a member may, present a financial statement projections of rental income to be received from the home that he intends to build or purchase with the loan. (G) The principal of the loan together with interest thereon shall be repaid to the system in installments at least equal to 10 percent of the member's annual salary, and at a rate that will effect a repayment of the loan within a period of thirty (30) years. Such repayments shall be deducted from the salary of the member at the same time and in the same manner as the member's contributions to the system are deducted. (H) Interest on such loan shall carry interest rates which shall be set in advance from time to time by the Board. In addition to interest, the Board may charge for insurance on each loan against the eventuality of the death or the total and permanent disability of the member-grantee, which eventually shall result in a cancellation of any unpaid principal of the loan and any accrued interest thereon. (I) Deleted. (J) Deleted. (K) The Board may, to the extent necessary to protect the interests of the system, bid for the purchase of any property on which it holds a second mortgage, provided that the bid does not exceed the combined value of the first and second mortgages on said property. (L) No member who has obtained a loan under this subdivision (12), the amount of which is less than the limit provided in subparagraph (B) hereof, shall be prohibited because of such loan from obtaining an additional loan for an amount which, when added to the amounts outstanding on any other loan or loans under this subdivision, would not exceed the limit provided in subparagraph (B) hereof. (M) Nothing in this subdivision shall prohibit two or more members or retirees from obtaining loans as individual members or retirees on the same property, provided that the value of the property exceeds the combined loans and the income and credit of each applicant justifies the amount of the loan to that applicant. (N) If a member fails to provide evidence of property insurance coverage to the system for the collateral interest in the mortgaged property, the System, upon thirty day's notice to the member, shall place the member's mortgage into the forced-placed protection program to protect the system's mortgage interest in the mortgaged property. The system shall recover the cost of the forced-placed insurance premium in the following manner: (1) the member may pay the cost of the premium in full within ten days of notification that the mortgage has been placed in the forced-placed protection program; or (2) the cost of the forced-placed premium shall be added to the unpaid mortgage principal at an amortized interest rate that is consistent with the mortgage interest rate applicable for that particular mortgage category on the date that the premium is added to the principal. (12) Chattel mortgages to members or retirees of the system, subject to such rules and regulations as the Board may prescribe, consistent with the following provisions: (A) Chattel mortgages shall be made for the purchase of new automobiles, new passenger- carrying trucks and vans, new motorcycles or other new passenger-carrying type vehicle. (B) Interest on such loans shall be set in advance, from time to time, by the Board and shall be repayable in no more than five years. (C) The total amount of a chattel mortgage on the purchase of a new automobile may not exceed $40,000 dollars. (D) The chattel mortgage shall be recorded with the Recorder's Office and the U.S. Virgin Islands Police Department (V.I.P.D.) of the respective district and shall be noted on the certificate of title of the vehicle when purchased. (E) The chattel mortgage shall be secured by the new automobile for which the loan is being obtained and the member shall insure the automobile for which the loan is made with comprehensive coverage for no less than the value of the system's loan on the vehicle and the insurance policy shall make the system as beneficiary to the extent of its lien. (F) The Board shall not determine that members or retirees who are otherwise qualified to obtain a loan under this paragraph (12) are ineligible for a loan for the sole paragraph (12) the vehicle will be used, in whole or in part, as a taxicab. (G) Regulations shall be promulgated concerning the granting of a chattel mortgage for the purchase of a new automobile and shall include, but not be limited to, down payment requirements for such loans. (H) If a member fails to provide evidence of comprehensive automobile insurance coverage to the system for the collateral interest in the chattel mortgage, the System upon thirty days' notice to the member, shall place the member's chattel mortgage into the forced-placed automobile insurance protection program to protect the system's chattel mortgage interest in the automobile. The system may recover the cost of the forced-placed automobile insurance premium in the following manner: (i) the member may pay the cost of the forced-placed automobile insurance premium in full within ten days of notification that the chattel mortgage has been placed in the forced- placed protection program; or (ii) the cost of the forced-placed automobile insurance premium shall be added to the unpaid chattel mortgage principal at an amortized interest rate that is consistent with the chattel mortgage interest rate applicable to automobile loans on the date that the premium is added to the principal. (13) Loans to members or retirees of the system solely for the purchase of land, subject to such rules and regulations as the Board may prescribe, consistent with the following provisions: (A) Secured by a first priority mortgage, provided that such a requirement shall not prevent the obtaining of a loan for the construction of a house on the property pursuant to the provisions of subdivision (11) of this section. The System may consent to subordinate its interest in the first priority mortgage to a private lending institution, for the purpose of securing a construction loan for the property. (B) No loan may exceed fifty thousand dollars ($50,000). (C) Notwithstanding the age of the member, the loan authorized under this subsection may extend for a fifteen (15) year period. (D) Any loan made pursuant to the provisions of this subdivision shall be limited to the purchase of land on which the borrower intends to construct his principal place of residence. (E) The provisions of subdivision (11) of this section pertaining to loan administration, the Retirement System Mortgage Loan Fund, interest rate, and repayment shall be applicable to a loan made pursuant to this subdivision to the extent they are consistent with this subdivision. (F) The System shall provide to the mortgagor an annual mortgage statement indicating the balance owed, and the principal and interest paid on the loan. (14) Real property purchased and/or developed by the System for sale for homeownership purposes, provided, that members of the System shall have preference in the purchase of any such real property from the System. (15) Bonds or other indebtedness issued by foreign governments or foreign corporations provided that (a) these securities bear a rating of "B" or better by any two internationally known securities rating concerns, and (b) not more than 5 percent of total investments shall consist of any one issue of these bonds excluding Germany, Canada and Australia. The aggregate amount to be invested in foreign bonds shall be limited to 3 percent of the market value of the total investments of the system. (16) If the Board determines that compliance with this section will result in lower anticipated overall earnings for the System than would be obtainable from alternative investment opportunities that would lead to superior total portfolio performance, the Board may substitute those alternative investments, to the extent actually available for acquisition, for the investments otherwise specified by this section. Additionally, if adherence to the diversification guidelines specified in this section would conflict with the Board's fiduciary obligations, or would conflict with the Prudent Investor Standard, the Board may substitute may deviate from the guidelines provided in this section. All investment decisions made pursuant to this section shall be made in accordance with the prudent investor standard. (17) The Board of Trustees may establish the loan lending limits for all categories of loans to members; except that the loan lending limits for personal loans are as prescribed in subsection (c). (18) Alternative Investments. The Board of Trustees may administer the investment portfolio programs of the system including the Alternative Investment Programs. The maximum amount which may be invested in the Alternative Investment Program is no more than 10% of the total amount of the available investment portfolio. (A) General; definitions. Alternative Investments are investment opportunities that have not been identified by the traditional public equity or fixed income capital markets. The alternative asset class offers the potential for significantly greater returns than those available in the public markets. The returns are commensurate with risk presented by the class, the as [sic] liquidity, lack of standard historical evaluation data, use of derivative securities and leverage. Examples of the type of investments considered as alternative or non-traditional investments are: (i) Private Equity Venture Capital Mezzanine Acquisition/Buyouts Restructuring Subordinated Debt Special Situations (ii) Natural Resources Oil and Gas Agriculture (iii) Managed Futures/Commodities Active Indexed Long-Only and Long/Short (iv) Hedge Funds and Portfolio Overlay Macro Long/Short Event-Driven Market Neutral (v) Real Estate (vi) Financial Futures (vii) Swaps, to include, interest Rate Swaps and Credit Default Swaps (viii) Financial Options and swap options (ix) Non USD currency exposure (x) Currency forwards The instruments identified in vi-x do not apply to the fixed income portfolio 10% maximum. (B) Types of Alternative Investments - definitions. (i) "Early-stage" means companies that do not have material and sustainable revenues from operations. Early-stage companies frequently have not achieved profitability. (ii) "Intermediate-stage" means companies that have achieved success in generating meaningful levels of revenues and are in a revenue/market growth phase with the expectation of achieving profitability. However, due to the heavy capital requirements needed to support growth, these companies may experience negative cash flows. (iii) "Late-stage" means companies in development when the rate of growth is slowing but the business is established. Late-stage companies are expected to demonstrate profitability and positive cash flow. These companies often have a dominant position in their primary markets. (iv) "Mezzanine Funds" means funds that include investments in subordinated debt or equity of public owned companies. They combine features typically associated with debt instruments, including current income and covenant protections, with the opportunity to enhance returns through warrants, conversion rights or options. (v) "Buyouts/Acquisitions" means partnerships that provide funding to acquire majority or controlling interests in a business or product lines from either a public or private company. (vi) "Restructuring/Recovery" means investments made in distressed or poorly performing companies, with the intent of initiating a recovery via financial restructuring or the introduction of management expertise. Partnership investments may include debt or equity securities. (vii) "International" means funds that make the majority of their investments by strategy and policy outside of the United States. (viii) "Managed Futures" means the management of contracts involving the obligations to purchase, or deliver, a specified commodity or financial instrument at a specified price at some specific future period. (ix) "Hedge Funds" means partnerships that use investment and risk management skills to seek positive returns regardless of market direction. (x) "Market Neutral Strategies" means investments wherein both long and short positions are taken by the manager, and as long as the long position outperforms the short position, market returns have no bearing on the outcome. (xi) "Subordinated Debt" means a debt obligation that has unsecured junior claims to interest and principal subordinated to ordinary debentures or other debt obligations of the issuing corporation. (xii) "Special Situations" means unusual investment opportunities due to some special development, i.e. a merger, oil discovery, new product development, etc., that is expected to most favorably affect the earnings outlook for the public's psychology with respect to the prospects for a particular company. (xiii) "Venture Capital" means capital that is subject to more than a normal degree of risk, usually associated with a new business or venture, made either directly or indirectly in a commingled fund. (xiv) "Real Estate" means real estate wherever situated and includes investments in real estate trust but does not include any real estate acquired by the system prior to December 31, 2005. (c) The System shall make personal loans to members of the System, as provided in this subsection. Subject to such regulations that the Board may prescribe, any member of the System who has contributed for at least two years shall have the privilege of borrowing from the retirement System, but a member may not have more than one loan in a fiscal year. Each active member is allowed one personal loan that shall not exceed 75 percent of the member's contribution credits in the System and shall not, in any event, exceed the sum of $75,000, with each individual loan not to exceed $10,000 at an interest rate set by the Board. In case of separation from service for any reason, including death or disability of the member, the balance due on the loan and any accrued interest thereon, must be deducted from any refund of contributions, annuity, death benefit or any other benefit due the member or to the member's beneficiary. This rate includes a charge for insurance on loans against death or total and permanent disability, which development effects a cancellation of any unpaid balance of a loan and any accrued interest thereon. The principal amount, together with interest thereon, must be repaid to the System in installments at least equal to 5 percent of the member's salary and at a rate that will effect repayment of the loan before the member attains age 70. Such repayments must be deducted from the salary of the member at the same time and in the same manner as the member's contributions to the System are deducted. Personal loans must carry interest rates that are set in advance, not to exceed 12%, and shall be made payable as set by the Board. The personal loans issued pursuant to this subsection are not subject to the provisions of subsection (b), paragraph (18). History: Amended June 9, 1994, No. 5982, § 1, Sess. L. 1994, p. 76; June 9, 1994, No. 5983, § 1, Sess. L. 1994, p. 78; June 9, 1994, No. 5984, § 1, Sess. L. 1994, p. 78; amended Dec. 13, 1995, No. 6088, Dec. 13, 1995, No. 6088, § 16, Sess. L. 1995, p. 244, Sess. L. 1995, p. 244; Mar. 22, 1996, No. 6098, § 1, Sess. L. 1996, p. 27; Jan. 20, 1998, No. 6198, §§ 1-3, Sess. L. 1998, pp. 16, 17; Apr. 6, 1998, No. 6223, §§ 5(a), (b), Sess. L. 1998, p. 235; July 10, 1998, No. 6239, §§ 6-8, Sess. L. 1998, p. 369; Oct. 31, 1998, No. 6276, § 20, Sess. L. 1998, p. 500; Sept. 28, 2001, No. 6463, §§ 3, 9(b), Sess. L. 2001, pp. 268, 270; Dec. 1, 2001, No. 6479, § 30, Sess. L. 2001, p. 334; Feb. 21, 2002, No. 6503, § 5, Sess. L. 2002, p. 269; Nov. 2, 2005, No. 6794, §§ 12 1.-7, 31 1.-3.(a), (b), 32, Sess. L. 2005, pp. 391-396, 437, 438; Dec. 29, 2006, No. 6905, § 5(5.), Sess. L. 2006, p. 334; Oct. 26, 2010, No. 7233, § 41(1.), (2.), Sess. L. 2010, p. 265; amended Oct. 26, 2015, No. 7802, §§ 2(e)(1)(A)-(D), (2)-(4), (5) (A)-(C), (6) (A)-(H), (7)(A), (B), (8)- (11), (12)(A)-(C), (13), Sess. L. 2015, p. 152-154; amended May 27, 2016, No. 7880, § 1(a)(A), (B), (b), (c), Sess. L. 2016, p. 93; amended June 21, 2016, No. 7885, § 4(a), Sess. L. 2016, p. 101; amended Apr. 11, 2024, No. 8822, § 1, Sess. L. 2024, p. -.

Notwithstanding any provision of law to the contrary, any person who has a personal, mortgage, or mortgage chattel loan from the retirement system may upon retirement, if otherwise entitled, receive his retirement annuity, notwithstanding the fact that he may have an outstanding balance on such loan; Provided, That he agrees to have an amount equal to the amount deducted from his salary for repayment of the loan deducted from his retirement annuity and applied as payment to the outstanding balance of the loan. History: Added Nov. 3, 1983, No. 4864, § 4, Sess. L. 1983, p. 196; amended Aug. 23, 1999, No. 6289, § 10, Sess. L. 1999, p. 74; Nov. 2, 2005, No. 6794, § 13, Sess. L. 2005, p. 396.

(a) The various obligations of the System shall be financed in accordance with actuarial reserve requirements from contributions by members, contributions by the employer, interest income, and other income accruing to the System. From time to time, the Board may actuarially determine the rate of contribution for members and employers of the System. After October 1, 2005, the System may not provide any increases in benefits to members or beneficiaries, unless the administration has identified a specific funding source and concurrently makes a provision for the funding of all future benefit improvements on sound actuarial basis in the annual budget. (b) Each employee who is a member of the Government Employees Retirement System shall contribute a percentage of his compensation as prescribed by the Government Employees Retirement System Board of Trustees. However, the Government Employees Retirement System Board of Trustees may not increase rates, in addition to rates already in effect, by more than 3.0% over a five-year period. Each employee who is a member of the Government Employees Retirement System shall contribute a percentage of compensation as follows: (1) until July 1, 1971 4.00% (2) after July 1, 1971 5.00% (3) after July 1, 1972 6.00% (4) after April 1, 1990 7.00% (5) after April 1, 1991 8.00% Provided, however, that after May 23, 1980, any policeman, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, or corrections officer shall contribute ten percent of compensation; provided, further that after December 29, 1986, every eligible employee with the Virgin Islands Water and Power Authority and eligible employee working with chlorine, sewage or carcinogens who elects to participate in the early retirement program shall contribute ten percent of compensation; provided, further, the Governor and Lieutenant Governor of the Virgin Islands shall contribute nine percent (9%) of compensation effective on the date of enactment hereof, which amount shall be deposited into the Elected Governors and Lieutenant Governors Retirement Fund. (c) The employee contribution shall be made in the form of a deduction from compensation, and shall be made notwithstanding that the compensation paid in cash to such employee shall be reduced thereby below the minimum prescribed by law. (d) Every employee who is a member of the System shall be deemed to consent to the deduction made from his compensation, and payment to such employee of compensation less such deduction shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such employee during the period covered by such payment, except as to the benefits provided under this chapter. (e) A computation shall be made bi-annually of the actuarial reserve requirements for the several annuities and benefits provided in this title for members and the beneficiaries for services rendered, and to be rendered, by the members. (f) The employer shall make contributions which together with the members' contributions and the income of the system will be sufficient to provide adequate actuarially determined reserve for the annuities, benefits and administration of the System herein prescribed. (g) The employer shall contribute an amount paid upon a percentage of employees compensation for pay periods starting: (1) before July 1, 1968 4.00% (2) after July 1, 1968 4.80% (3) after July 1, 1969 5.76% (4) after July 1, 1970 6.81% (5) after July 1, 1971 8.21% (6) after July 1, 1972 9.60% (7) after July 1, 1974 11.00% (8) after April 1, 1990 12.00% (9) after April 1, 1991 13.00% (10) after April 1, 1992 14.00% (11) after April 1, 1993 14.50% (12) after October 1, 2007 17.5% (h) Barring any unforeseen circumstances the employer and employee contributions shall be paid to the System within ten working days after the pay date. Any payment not made within the ten working days, must also include regular interest covering the time period that the payment remains unpaid. (i) The amounts contributed by the employer on behalf of an employee shall not be considered as the employee's contributions for any purpose such as, but not limited to, the refund and loan provisions of this chapter. (j) The employer shall, in addition to any other contributions and payments to the System required by law, contribute to the System such sums as may be required to compensate the System for the costs of any special early retirement program. (k) The employer shall pay to the System the total cost of any special, early retirement program in advance of the commencement of the early retirement program. If the employer is in default of payment for any prior special, early retirement program, the System may not distribute any special early retirement benefits from any additional special, early retirement program until full payment for the previous special early retirement program is made. (l) The System shall not pay benefits to an employee unless his and the employer's contributions adequately finance benefits and related costs provided under this chapter. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Feb. 8, 1968, No. 2098, Sess. L. 1968, Pt. I, p. 9, 10; Apr. 23, 1970, No. 2700, § 12, Sess. L. 1970, p. 82; July 8, 1974, No. 3593, § 3, Sess. L. 1974, p. 190; May 23, 1980, No. 4431, § 4, Sess. L. 1980, p. 54; Oct. 23, 1980, No. 4498, § 25, Sess. L. 1980, p. 233; Oct. 20, 1981, No. 4641, Sess. L. 1981, p. 244; Dec. 29, 1986, No. 5226, § 1(c), Sess. L. 1986, p. 375; Mar. 15, 1990, No. 5522, § 1(xii), (xiii), Sess. L. 1990, p. 37; Dec. 28, 1990, No. 5666, § 4, Sess. L. 1990, p. 471; May 20, 1994, No. 5979, § 4, Sess. L. 1994, p. 71; Aug. 9, 1994, No. 6002, § 1(c), Sess. L. 1994, p. 134; Aug. 26, 1994, No. 6007, §§ 8(c), 9(d), Sess. L. 1994, pp. 157, 159; Aug. 22, 1995, No. 6075, § 7(b)(3), Sess. L. 1995, p. 197; Apr. 6, 1998, No. 6223, §§ 1, 2, Sess. L. 1998, pp. 234, 235; Aug. 23, 1999, No. 6289, § 13 3., Sess. L. 1999, p. 74; June 30, 2000, No. 6353, § 17(b), Sess. L. 2000, p. 86; Nov. 2, 2005, No. 6794, § 14 1.-4., Sess. L. 2005, pp. 396, 397; Dec. 29, 2006, No. 6905, § 5(6.), Sess. L. 2006, p. 334; Apr. 12, 2008, No. 6992, § 1, Sess. L. 2008, p. 15; amended Oct. 26, 2015, No. 7802, § 2(f), Sess. L. 2015, p. 155; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

(a) Upon the basis of each annual actuarial valuation and appraisal provided for in this chapter, the Administrator, on or before the fifteenth day of September of each year shall prepare and file with the Budget Director and the Chairperson of Legislature's Committee on Finance and itemized estimate of the amounts necessary to be appropriated by the government to the Government Employees Retirement System for the next fiscal year. Such amounts shall be sufficient to provide for payment in full for (i) the estimated obligations of the government to the retirement system for such respective fiscal years; and (ii) any actual obligations of the government to the retirement system remaining unpaid from the prior fiscal year on such amount to be paid in the next fiscal year. If, the government overpaid its actual obligation to the retirement system for the prior fiscal year, such amount shall be credited as a reduction in amounts that would otherwise be estimated to be due the retirement system from the government. The estimate provided by the Administrator shall reflect the most recent data on annual salary and other related components, and be calculated in accordance with pension benefits authorized as of that time. Such estimate shall be provided by the Administrator within fifteen days of a request by the Budget Director. (b) Such estimated amounts provided in subsection (a) of this section shall be revised to reflect updated information, including trends in salary growth and investment earnings through September thirtieth of the current fiscal year and resubmitted to the Budget Director and the Chairperson of the Legislature's Committee on Finance on or before December fifteenth of the current fiscal year. A revised actuarial estimate, including an explanation of any changes from the estimates submitted on September fifteenth of the current fiscal year, shall also accompany such re-submission. (c) By January seventh of the current fiscal year, the Administrator shall notify the Budget Director and the Chairperson of the Legislature's Committee on Finance of his revised estimate of the government's contribution to the retirement system for the current and next fiscal years based on updated information through January thirty-first of the current fiscal year. Such notification shall be accompanied by a revised actuarial estimate, including an explanation of any changes from the estimate submitted on December fifteenth of the current fiscal year. (d) The estimates provided in subsections (a), (b) and (c) of this section shall be accompanied by an actuarial report stating the assumptions used in calculating each of the estimates, including but not limited to: (1) projected growth in the billable salary base from the prior fiscal year, in total and by tier for the government and instrumentalities; (2) composition of the portfolio; (3) return on common stock investments, expressed as a percentage; (4) calculation of the actuarial value of common stock; (5) return on investments other than common stock, expressed as a percentage; and (6) itemization of the change from the government's prior year contribution, either actual or estimated, due to legislative changes in benefits, tier shift, salary base growth, investment return, and any other factors deemed appropriate for explaining such change. (e) In addition to the above mentioned reporting requirements, the actuarial report shall also include the following information for the current fiscal year and estimated amounts for the next fiscal year. (1) the market value and actuarial asset value of equities. (2) a government reconciliation of the amounts paid and the final amounts for the two prior fiscal years. (f) The System shall not provide any new increases in benefits to members or beneficiaries unless the Government has deposited the funding for the prior fiscal year into the bank account of the System and concurrently makes a provision for the funding of all future benefit improvements on a sound actuarial basis in the budget. History: Added Dec. 29, 2006, No. 6905, § 5(7.), Sess. L. 2006, pp. 334-336; amended Oct. 26, 2015, No. 7802, § 2(g), Sess. L. 2015, p. 155.

A retiree who is paid retroactive wages is not subject to payment of any contribution to the System from such retroactive wages. The System shall refund to the retiree any such contribution withheld from the payment of the retroactive wages. History: Added Mar. 17, 2014, No. 7585, § 1, Sess. L. 2014, p. 22.

Notwithstanding the provisions of this chapter, participation in the early retirement program shall be voluntary for eligible employees as defined by this subchapter. Any person eligible for early retirement may elect to participate in the regular retirement program with contributions established at a rate of compensation determined by the Board. Should such person eligible for early retirement become a participant in the early retirement program, they shall pay the difference in contribution retroactive to December 29, 1986 or for five years, whichever is greater, or to the original date of their commencement of employment. History: Added Dec. 29, 1986, No. 5226, § 2, Sess. L. 1986, p. 376; amended Aug. 4, 1987, No. 5272, § 4(c), Sess. L. 1987, p. 118; Nov. 2, 2005, No. 6794, § 15, Sess. L. 2005, p. 397; amended Mar. 17, 2014, No. 7585, § 1, Sess. L. 2014, p. 22; amended Oct. 26, 2015, No. 7802, § 2(h), Sess. L. 2015, p. 155.

(a) A person eligible for early retirement, transferred to a position which does not qualify as a person so eligible after at least ten years of service as a person so eligible may elect to continue to contribute at the additional rate of compensation, for which he shall receive full benefits after twenty years of service or he may elect to pay six percent of compensation with reimbursement or credit for overpayment, but shall not be eligible for early retirement. (b) A person in a position which does not qualify as a person eligible for early retirement who is transferred to a position so eligible may elect to contribute at the additional rate of compensation for which he shall receive full benefits after twenty years of credited service, provided that such employee has been eligible and paying at the higher rate for at least ten years. Such employee shall be required at the time he becomes eligible for early retirement at the time he elects to become such pursuant to section 718c of this chapter, to pay retroactive to December 29, 1986 or for credited service to the time he makes such election to pay the difference between the rates for the time he seeks credit. History: Added Dec. 29, 1986, No. 5226, § 2, Sess. L. 1986, p. 376; amended Mar. 17, 2014, No. 7585, § 1, Sess. L. 2014, p. 22.

For the purposes of sections 718a - 718d of this chapter "person eligible for early retirement" means a policeman, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, corrections officer, eligible employee with the Virgin Islands Water and Power Authority or eligible employee working with chlorine, sewage or carcinogens as defined in section 702 of this chapter. History: Added Dec. 29, 1986, No. 5226, § 2, Sess. L. 1986, p. 377; amended Aug. 9, 1994, No. 6002, § 1(d), Sess. L. 1994, p. 134; Aug. 22, 1995, No. 6075, § 7(b)(4), Sess. L. 1995, p. 197; amended Mar. 17, 2014, No. 7585, § 1, Sess. L. 2014, p. 22; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

(a) An adequate system of accounts and records shall be established and maintained for the System that will give effect to the requirements of this chapter. This System shall be integrated, to the extent possible, with the accounts, records and procedures of the employer to the end that the same shall operate most effectively and at minimum expense, and that duplication of records and accounts may be avoided. All assets of the system shall be credited according to the purposes for which they are held in the following designated reserve accounts: (1) Members' Contribution Reserve. The amounts contributed by the members to this System after the date of establishment together with any amounts contributed by the members to any superseded retirement fund or System which has been transferred to this System as provided in section 721 of this title, shall be credited to this reserve. An individual account shall be maintained for each member, to which shall be credited the amounts of his contributions. Upon the granting of a service retirement annuity, disability annuity or duty-connected death annuity the accumulated contributions to the credit of the member concerned shall be transferred from this reserve to the retirement reserve. Refund and death benefit payments representing member contributions shall be charged to this reserve. (2) Employer's Contribution Reserve. The amounts contributed by the employer under the provisions hereof, for service retirement annuity, disability annuities, duty-connected death annuity and death benefits shall be credited to this reserve. All amounts transferred to this System from any superseded fund or System as provided in section 721 of this title, over and above the amounts of the member's contribution credits in such superseded fund or System, shall be credited to this reserve. Death benefit payments from employer's contributions shall be charged to this reserve. Upon the granting of a service retirement annuity, duty disability annuities or duty-connected death annuity, an amount representing the excess of the actuarial value of the annuity over the accumulated contributions of the member shall be transferred from this reserve to the retirement reserve. If in any year the retirement reserve is insufficient to cover the reserves for the various annuities being paid by the System, the amount of any deficiency shall be transferred from this reserve to the retirement reserve. (3) Retirement Reserve. Upon the granting of a service retirement annuity, disability annuities or duty- connected death annuity, the accumulated contributions of the member and an amount representing the excess of the actuarial value of the annuity over such accumulated contributions, shall be transferred to this reserve from the members' contribution reserve and employer's contribution reserve, respectively. All payments on account of any such annuity and death benefit payment on account of death of a retired member, shall be charged to this reserve. All payments on account of pensions and benefits granted by the superseded retirement fund, as provided in section 721 of this title shall be charged to this reserve, and such pensions and benefits shall be an obligation of this reserve. All income from investments including gains on investment transactions shall be credited to this reserve. All losses on investment shall be charged to this reserve. Any excess balance in this reserve, as determined by actuarial valuation as of the close of any fiscal year, shall be applied to reduce the employer's contributions for membership service for the fiscal year next following the date of such valuation by an adjustment in the employer's contribution rate. Any deficiency in this reserve shall be removed by an increase in the amount of employer's contribution rate and shall be removed by a transfer from the employer's contribution reserve. (4) Administration Expense Account. All amounts contributed by the employer and employee for the expense of administration of the System shall be credited to this account. All administrative expenditure shall be charged to this account. The Legislature shall approve the annual operating budgets for the system, and shall provide for the employer's contribution to the system in the yearly budget. (b) The System shall send, each active member an annual statement of the benefits and contributions paid by the employer and the employee not later than February 1 of every year. The member has the option to select to receive the annual statement by United States Postal Service mail or by electronic means. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Apr. 6, 1998, No. 6223, § 3, Sess. L. 1998, p. 235; amended Oct. 7, 2015, No. 7761, § 2, Sess. L. 2015, p. 87; amended Oct. 26, 2015, No. 7802, § 2(i), Sess. L. 2015, p. 155; amended Nov. 29, 2023, No. 8784, § 9, Sess. L. 2023, p. 163; amended Nov. 29, 2023, No. 8785, § 1(1)-(3), Sess. L. 2023, p. -.

It shall be the duty of the employer to provide the System with records concerning the periods of service, dates of birth, compensation, new entrants into service, deaths, withdrawals and such other data on the employees as is necessary for the proper and effective operation of the system in accordance with the provisions hereof. It is the intention of this chapter that the payment of the required contributions by the employer and all annuities and benefits granted under the provisions of this chapter are hereby made obligations of the employer to the extent specified herein. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Apr. 6, 1998, No. 6223, § 4, Sess. L. 1998, p. 235; amended Oct. 26, 2015, No. 7802, § 2(j), Sess. L. 2015, p. 155.

Effective as of October 1, 1959, there shall be transferred to this System all moneys, securities, loans receivable and other property to which title is held under applicable legislation relating to the existing retirement funds. The trustees of such retirement funds are hereby authorized to make such transfer. The amounts of contribution credits in the accounts of the employees in the aforesaid retirement funds shall be credited to them on the books of the system created by this chapter, and shall be subject to all provisions and conditions of this chapter. Any amounts remaining, after such contribution credits have been made, shall be credited to the Employer's Contribution Reserve as provided in section 719 of this title. Any pensions or benefits being paid by the aforesaid funds shall continue to be paid by the system. Claims for benefits pending at the date of establishment shall be granted in accordance with the aforesaid legislation. Claims for pensions and benefits arising on and after the date of establishment shall be granted in accordance with the provisions of this chapter. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Oct. 26, 2015, No. 7802, § 2(k), Sess. L. 2015, p. 155.

Each member shall, by virtue of the payment of contributions to this system, receive a vested interest in such contributions, and in consideration of such vested interest shall be conclusively deemed to undertake and agree to pay the same and to have them deducted from his compensation as herein provided. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92.

The right of any member or other beneficiary to any annuity, benefit or refund shall accrue as of the date of establishment. Except as herein specifically otherwise provided, any annuity provided herein shall be payable for life in equal semimonthly installments from the beginning date thereof as fixed by the Administrator, on the fifteenth and last day of each month, first payment to be due as of October 15, 1959; Provided, That for the purpose of effectuating administration, a small pro rata amount may be paid for part of the month when the annuity or benefit payment begins after the first day of the month, or ends before the last day of the month. No annuity or benefit shall be increased, decreased, revoked or repealed, except for error, or where specifically otherwise provided by this chapter. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; Apr. 22, 1960, No. 535, Sess. L. 1960, p. 55.

(a) Any person who knowingly makes any false statement, or falsifies or permits to be falsified any record of this system, in an attempt to defraud the system, is guilty of a felony, and on conviction shall be fined not less than $25,000 nor more than $100,000 and imprisoned not less than five years, without suspension, modification, or revocation of the sentence prescribed herein, nor more than ten years. (b) Whenever any act of or attempt to commit fraud is discovered, the Administrator or his designee, shall transmit all evidence of the crime to the Department of Justice, Office of the Attorney General for investigation and prosecution. (c) Should the fraudulent manipulation of the records result in any member's or beneficiary's receiving from the system more or less than he would have been entitled to receive had the records been correct, the System shall correct the error and, as far as practicable, shall adjust future payments in a manner that the actuarial equivalent of the annuity or benefit that the member or beneficiary was correctly entitled to receive, shall be paid. (d) Any person who endorses or cashes another member's retirement check without written authorization is guilty of a felony and is subject to the penalties prescribed in subsection (a) of this section. (e) Any person who withdraws the proceeds of another member's retirement check which were electronically deposited into the member's account, without written authorization, is guilty of a felony and is subject to the penalties prescribed by subsection (a) of this section. (f) The acts proscribed in subsections (a), (d), and (e) apply to the endorsement or cashing of retirement checks, or the withdrawal of the proceeds of retirement checks electronically deposited into a member's account, after the member is deceased. (g) Any person who commits an act proscribed in subsections (a), (d), and (e) is subject to any other criminal or civil penalty contained elsewhere in the Virgin Islands Code. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Nov. 2, 2005, No. 6794, § 16, Sess. L. 2005, p. 397; amended Oct. 26, 2015, No. 7802, § 2(l), Sess. L. 2015, p. 155.

(a) The rights of a person to any annuity or benefit or right accrued or accruing to any person under the provisions of this chapter and the various moneys in the System created by this chapter, are hereby exempted from levy and sale, garnishment, attachment, or any other legal process whatsoever, and shall be unassignable except as in this chapter specifically otherwise provided. (b) Notwithstanding subsection (a) of this section, the rights and benefits provided in this chapter are assignable only pursuant to actions for the support of a child, spouse, or other dependent, as ordered by any court of competent jurisdiction. History: Added June 24, 1959, No. 479, § 1, Sess. L. 1959, p. 92; amended Nov. 2, 2005, No. 6794, § 17, Sess. L. 2005, p. 398; amended Oct. 26, 2015, No. 7802, § 2(m), Sess. L. 2015, p. 156.

An increase of ten ($10.00) dollars a month is hereby authorized and granted to each pensioner of the Government of the United States Virgin Islands who is a former Government Employee not covered under the Retirement Law of the Municipality of Saint Thomas and Saint John or the Municipality of Saint Croix. The Commissioner of Finance is hereby authorized to pay this increase from the Retirement Fund effective July 1, 1956. History: Apr. 17, 1956, No. 76, Sess. L. 1956, p. 48.

Each former official and employee of the Government of the United States Virgin Islands, or of the Municipality of Saint Thomas and Saint John or of the Municipality of Saint Croix, who is receiving a pension of less than seventy-five ($75.00) dollars a month from the Government of the United States Virgin Islands by virtue of any retirement law or by special legislation is hereby granted a cost-of-living bonus of ten dollars per month, effective July 1, 1957. History: June 5, 1957, No. 171, § 1, Sess. L. 1957, p. 68.

Subject to the limitation set forth below, every person who is now receiving or may hereafter receive an annuity or a pension from the Government of the United States Virgin Islands, by virtue of any retirement law or by special legislation, is hereby granted a cost-of-living bonus of $10 per month, effective on and after July 1, 1961; Provided, however, That this cost-of-living bonus shall be in addition to the cost-of-living bonus authorized by section 726 of this title; And provided further, That in no case shall any annuity or pension hereby affected plus the bonus heretofore and herein granted exceed $100 per month. In the cases of persons now receiving or who may hereafter receive an annuity and a special pension, the amounts of such annuity and special pension shall be combined for the purpose of determining eligibility for this cost- of-living bonus. In such cases, the total cost-of-living bonus shall not exceed $10, and shall be paid from the Pension Fund. The cost-of-living bonus of $10 per month herein authorized shall not be applicable to pensions granted by special legislation approved on and after January 1, 1962. History: Added June 20, 1961, No. 771, § 1, Sess. L. 1961, p. 211; Mar. 5, 1962, No. 825, Sess. L. 1962, p. 58.

Every person on July 1, 1966, who is receiving or who after July 1, 1966, may receive an annuity from the Government of the United States Virgin Islands by virtue of any retirement law and every person who, prior to January 1, 1966, received a pension from said Government by virtue of special legislation, including in both instances cost-of-living bonuses and increases heretofore granted, is granted a cost-of-living bonus as follows: (a) Every person receiving such annuity or pension not in excess of $75 per month is granted a bonus of $10 per month; and (b) Every person receiving such annuity or pension in excess of $75 per month is granted a bonus of $15 per month. History: Apr. 4, 1966, No. 1673, § 1, Sess. L. 1966, p. 139.

(a) Employees who retired on service retirement annuity prior to July 1, 1970, who were at least 55 years of age at date of retirement shall be entitled to receive a supplementary annuity under this section. (b) The Board may set cost-of-living increases for annuitants and pensioners and determine when the annuity should be paid on the basis of the most recent actuarial valuation, the Consumer Price Index, or other economic studies or evaluations that the Board may determine are relevant. (c) In the case of a member on retirement who is receiving, in addition to the retirement annuity from this system, a special pension grant from the government not paid by the retirement system, the following conditions shall govern: In the case of such retired member, payments on the supplementary annuity herein provided shall be deferred until the date when the retirement annuity payment being made by the system plus the total accumulation of supplementary annuity additions thereon become equal to the sum of (1) the retirement annuity payable by the system and (2) the amount of the special pension. Thereafter, the supplementary annuity additions shall become payable to such retired member at the rate herein stated based upon the original grant of the retirement annuity by the system as in the case of other retired members who receive no special pension. (d) In the case of members on disability retirement, the increase shall be 1 percent of the disability annuity times the number of full years that he has been in receipt of such annuity prior to his attainment of age 60, and 1 1/2 percent of the disability annuity for each year after attainment of such age. (e) The supplementary annuity payable under this section shall be charged to a retired employee's supplementary annuity reserve. This reserve shall be credited with investment earnings above 4 percent per annum, as established and earned by the system in each fiscal year to fund these annuities. History: Added Apr. 23, 1970, No. 2700, § 13, Sess. L. 1970, p. 83; -Amended Dec. 2, 2005, No. 6794, § 18, Sess. L. 2005, p. 398; amended Oct. 26, 2015, No. 7802, § 2(n), Sess. L. 2015, p. 156.

Every person who is receiving an annuity computed pursuant to the retirement law in existence prior to July 1, 1970, or who is receiving a special pension (regardless of when granted), is hereby granted a cost- of-living increase of ten percent (10%) in the amount of his annuity or pension; Provided, That no pension increase shall be granted to a person who is also receiving a retirement annuity, but said annuity shall be increased if it qualified for same hereunder. History: Added July 8, 1974, No. 3601, Sess. L. 1974, p. 198.

(a) Subject to subsection (c), the System shall make an annual bonus payment from monies paid to the system under 32 V.I.C. § 246(j) to annuitants and pensioners who meet the requirements prescribed in subsection (b). (b) To qualify for the bonus payment established in subsection (a), an annuitant or pensioner must be: (1) At least 60 years of age; (2) On the systems' retiree payroll for at least one year; and (3) Eligible to receive a cost of living increase by July 15 of the year in which the bonus payment is made. (c) (1) The annual bonus payment may not be counted towards the maximum annual service annuity permitted by law for any service annuity. (2) Subject to subsection (d), annuitants and pensioners shall receive an equal amount based on the total amount received by the system pursuant to 32 V.I.C. § 246(j). (3) The annual bonus payment must be received by eligible annuitants and pensioners by November 30 each year. (d) The annual bonus payment established in subsection (a) is subject to the availability of funds. Whenever the system does not receive sufficient funds from the annual contribution from the Lottery, the system is not obligated to pay the annual bonus payment for the year in which the contribution is deficient. History: Added June 24, 2009, No. 7070, § 1, Sess. L. 2009, pp. 46, 47; amended Oct. 5, 2012, No. 7414, § 11, Sess. L. 2012, p. 308.

Any member upon withdrawal from service on or after July 1, 1970, and retiring on a service or disability retirement annuity, shall be entitled to an annual increase in his basic retirement annuity as defined herein while he is in receipt of such annuity. (a) The term "basic annuity" shall mean the service retirement annuity or disability annuity of the amount fixed and payable at date of retirement of the member. (b) The Board may set cost-of-living increases for annuitants and pensioners and determine when the annuity should be paid on the basis of the most recent actuarial valuation, and the Consumer Price Index. (c) The annual increase in the case of a disability annuity shall be 1 percent per year prior to the member's attainment of age 60 and 1 1/2 percent per year thereafter. (d) [Deleted.] History: Added Apr. 23, 1970, No. 2700, § 14, Sess. L. 1970, p. 84; amended Nov. 2, 2005, No. 6794, §§ 19, 20, Sess. L. 2005, p. 398.

(a) Any member having accumulated and unused sick leave at date of retirement shall be entitled to service credit towards the service retirement annuity to which the member may be entitled. The credit for accumulated and unused sick leave shall be 1 month for any period of 11 to 20 days inclusive of such leave and 1/2 month for any period of 5 to 10 days inclusive except that the credit for accumulated and unused sick leave shall be one year for any period consisting of 2080 hours. Less than 5 days of such unused sick leave shall not be considered for such credit. (b) If at the date of retirement a member is indebted to the Government for advanced or unearned sick leave, ten (10%) percent of the amount of each basic annuity payment shall be deducted until the member shall have reimbursed the Government in full for the value of such advanced sick leave at the rate of compensation received by the member immediately prior to his date of retirement. History: Added Apr. 23, 1970, No. 2700, § 15, Sess. L. 1970, p. 84; amended July 25, 1972, No. 3276, § 4, Sess. L. 1972, p. 231; June 29, 1981, No. 4602, Sess. L. 1981, p. 98; Jan. 31, 1986, No. 5135, § 1, Sess. L. 1986, p. 8; June 18, 1996, No. 6105, § 1, Sess. L. 1996, p. 43; Nov. 2, 2005, § 21, Sess. L. 2005, p. 398.

History: Repealed. Oct. 26, 2015, No. 7802, § 2(o), Sess. L. 2015, p. 150.

(a) Membership in the system for members of the Judiciary shall be optional, and shall be made available to members of the Judiciary who were in service after January 28, 1977. Salary deductions for new members of the system, at the rate prescribed herein, shall begin from the first payroll period following the filing of the application with the Administrator and credited service as a member of the system shall begin to accrue. Any new member who desires credit for service rendered as a member of the Judiciary shall contribute to the system 15% of his annual compensation. (b) Each person who becomes a member of the Judiciary after January 28, 1977, and who is then not a participant by previous appointment, shall automatically become a member of the system and be subject to compensation deductions hereunder, unless, within 90 days from the date he becomes a member of the Judiciary, he filed with the Administrator a written notice of election not to participate. (c) Participation in the system on the part of any member of the Judiciary shall continue until the date he becomes an annuitant, dies or accepts a refund of his contributions thereto. Notwithstanding the provisions of this chapter, proportionate contributions shall be made by each member of the Judiciary who has completed six years of service if the member elects to receive pension credit for any period for which such member was not covered by the system. However, the proportionate contributions shall be made retroactively for the respective period of service, with the contributions being the amount of 15% of the member's annual compensation. (d) The rate of contribution to the system on the part of a member of the Judiciary who becomes a member of the system shall be 11% of his annual compensation. This rate shall apply to service rendered beginning from the first date the member takes the oath of office as a member of the Superior Court of the Virgin Islands. (e) Notwithstanding any other law, the conditions governing eligibility for service retirement for any member of the Judiciary and the amount of the annuity shall be as stated in this section as follows; (1) Vesting in a service retirement annuity shall attach upon completion of one (1) term. Any member shall be eligible for service retirement beginning at age 50 on a judicial annuity equal to the following rates; (A) after one (1) term in office, 30% of his compensation while in office; (B) after two (2) terms in office 60% of his compensation while in office; (C) after three (3) terms in office, 90% of compensation while in office; and (D) after 20 years in office, 100% of his compensation while in office. (2) In the computation of total credit for prior service or membership service, nine months or more of service constitute one year of service; six to eight months inclusive, constitute three quarters of a year; three to five months inclusive, constitute one half of a year; less than three months constitute one quarter of one year, and not more than one year service credit may be granted for service rendered during a fiscal year. Fifteen days or more of service during any month constitute one month of service; five to fourteen days inclusive, constitute one half of one month; less than five days, inclusive constitute one quarter of a month. (3) For the purposes of this subsection, the term "compensation" shall mean the highest rate of compensation, received by that member of the Judiciary during his tenure and shall increase only as provided under this chapter. (f) In the case of any member of the Judiciary who shall become separated from service before he completed an aggregate of one (1) term as a member of the Judiciary, the total amount paid by the member, shall upon his application, be returned to him or the Judicial service shall be credited to the member's service as provided in the provisions of this chapter. No member of the Judiciary shall thereafter receive credit for the service unless he again becomes a member of the Judiciary and pays back into the system the amount so returned. (g) Nothing contained in this chapter shall be construed to prevent any person eligible therefore from simultaneously receiving an annuity computed on the basis of years of service other than as a member of the Judiciary and an annuity computed in accordance with this section; nor shall anything contained in this chapter be construed to prevent a member of the Judiciary from receiving, while serving in the Judiciary, an annuity for non judicial service. (h) As used in this section, the term Judiciary means the judges and magistrate judges of the Superior Court and the justices of the Supreme Court of the Virgin Islands. (i) In no case shall service other than as a member of the Judiciary be considered service for the purposes of this section, nor shall service as a member of the Judiciary be considered service for the purpose other than as specified in this section. (j) The provisions of this section with respect to conditions governing membership in the system, rates of contribution, conditions for retirement and rates of annuity, as prescribed by this chapter, shall apply to all membership of the Judiciary in service on January 28, 1977, and to those who become members of the Judiciary thereafter. All other sections of this chapter to the extent that they confer additional rights or benefits in the system to participants therein, shall apply with equal force to members of the Judiciary who are members of the system. (k) No credited service benefit may be paid to any member of the judiciary until the System has received retirement contributions payments from the employer and employee. History: Added Feb. 1, 2001, No. 6391, § 2(l), Sess. L. 2000, p. 450; amended Oct. 29, 2004, No. 6687, § 7, Sess. L. 2004, p. 189; Mar. 5, 2005, No. 6730, § 55, Sess. L. 2005, p. 137; May 28, 2005, No. 6732, § 3, Sess. L. 2005, p. 152; Nov. 2, 2005, No. 6794, § 22, Sess. L. 2005, p. 399; Jan. 1, 2008, No. 6919, § 4, Sess. L. 2007, p. 31; amended Oct. 26, 2015, No. 7802, § 2(p)(1)-(5), Sess. L. 2015, p. 156; amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

All payments required by this chapter to be made by the employer to the retirement fund are continuing obligations of the Government. History: Added Nov. 2, 2005, No. 6794, § 23, Sess. L. 2005, p. 399.

(a) All property, including funds of the System, shall be exempt from levy and sale by virtue of execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the System be a charge or lien upon its property. However, this subsection shall not apply to or limit the right of bond holders or mortgage holders or other lending institutions to pursue any remedy for the enforcement of any pledge or lien given by the System on its fees, revenues, or other income or any other funds. (b) In that the purpose for which the System is created and exercises its powers for public purposes, the property of the System, its income, and its activities, shall be exempt from all taxes and special assessments of the Government of the Virgin Islands or any political subdivisions thereof. History: Added Mar. 20, 2000, No. 6344, § 6(b), Sess. L. 2000, p. 14.

(a) Neither the government nor any agency, department, or instrumentality may fail or refuse to pay the employer's contribution required by this chapter within the applicable time limitation. (b) Whenever any agency, department, instrumentality, or employer fails to make timely contributions, interest shall accrue on the amount of the contributions not paid based on the system's domestic fixed income investment rate of return not to exceed the rate of 9%. History: Added Nov. 2, 2005, No. 6794, § 24, Sess. L. 2005, p. 399; amended Dec. 29, 2006, No. 6905, § 5(8.), Sess. L. 2006, p. 336.

Credit of Claimant; Lump Sum Benefits (a) Whenever a person entitled to a payment of a member's accumulated contributions or any other benefit fails to claim the payment or cannot be located or a Miscellaneous Disbursement Voucher is cancelled, the payment due to the member shall be disbursed in accordance with the provisions of this section. (b) Whenever the amount of a benefit payable by this system cannot be determined because the recipient cannot be identified, or information necessary to determination of the benefit to be paid cannot be ascertained, the accumulated contributions of the member, on whose account the benefit is payable, shall be disbursed in accordance with the provisions of this section. (c) The amounts described in subsections (a) and (b) must be held, or if a Miscellaneous Disbursement Voucher has been drawn, the voucher must be deposited in the retirement fund and held for the claimant without further accumulation of interest. The redeposit does not operate to reinstate the membership of the person with respect to whose membership the refund or benefit was payable in this system. If the proceeds are not claimed within four years after the date of redeposit, they shall revert to, and become part of, the reserve established pursuant to section 719(3). Transfer to this reserve shall be made September 30 following the expiration of the four year period. The Board may at any time, after transfer of the proceeds to the described reserve upon receipt of proper information satisfactory to it, return the proceeds so held in reserve to the credit of the claimant, to be administered in the manner provided for under this system. (d) For lump-sum death benefits administered in accordance with subsection (c), where the system has caused notice of the benefits to be published in a newspaper of general circulation for at least three times a week for four consecutive weeks, and that person has not claimed the benefits, payment may be made to the next entitled beneficiary or beneficiaries, upon receipt of valid claims, if two years have passed since the date of death. Payment made by this system in good faith and in reliance on those claims, notwithstanding that it may fail to discover a person otherwise entitled to share in the benefits, shall constitute a complete discharge and release of this system from further liability for the benefits. History: Added Nov. 2, 2005, No. 6794, § 25, Sess. L. 2005, p. 399.

The Board may fix the time as it considers reasonable during which claims for benefits under section 737 may be made. Anyone who is provided a claim form must be given the same amount of time in which to file it as any other claimant. The Board's duty to identify or locate any member of any class of beneficiaries must be at a minimum consistent with section 737(d). History: Added Nov. 2, 2005, No. 6794, § 26, Sess. L. 2005, p. 400.

(a) If a person had no beneficiary designation in effect on the date of death, any benefit payable shall be paid to the survivors in the following order: (1) The decedent's spouse. (2) The decedent's natural or adopted children, including a natural child adopted by another who meets the following criteria: (A) The natural parent and adopted child lived together at any time as parent and child or the natural parent was married to or was cohabiting with the other natural parent at the time the child was conceived and died before the birth of the child; and (B) The child was adopted by the spouse of either of the natural parents or after the death of either of the natural parents or the child is a natural adopted by another as that phrase is defined or construed in title 15 Virgin Istitle 15 Virgin Islands Code, chapter 3Descent and Distribution of Decedent's Estate. (3) The decedent's parents. (4) The decedent's brothers and sisters. (b) If a deceased person had no effective beneficiary designation and there are no survivors in the groups specified in subsection (a) who are entitled to the benefit under this section, the benefit shall be paid to the estate of the decedent, if the estate is either probated or subject to probate. Any benefit payable by the system may be paid either to the estate or to the duly authorized representative or representatives of the estate upon receipt by this system of a court order appointing an executor, administrator, or personal representative. History: Added Nov. 2, 2005, No. 6794, § 27, Sess. L. 2005, p. 401.

Notwithstanding title 5 Virgin Islands Code, chapter 3, any payment due the retirement system for services, repayment of loans or mortgages, or for the repayment of any amounts due to error or overpayment are not extinguished by the statute of limitations and shall accrue a maximum interest of thirty-three and one third percent per annum. History: Added Nov. 2, 2005, No. 6794, § 28, Sess. L. 2005, pp. 401, 402.

Power Authority Employees and Hazardous Duty Employees Notwithstanding any law, rule or regulation to the contrary, any eligible Virgin Islands Water and Power Authority employee, as defined in title 3 Virgin Islands Code, section 702(x), any eligible employee as defined in title 3 Virgin Islands Code, section 702(y) or any hazardous duty employee of the Government of the Virgin Islands, its agencies or instrumentalities, as defined elsewhere in this Code, shall, upon appointment to his position, immediately remit his required contribution for membership in the Government Employees Retirement System. History: Added July 26, 2011, No. 7269, § 1, Sess. L. 2011, p. 130.

History: Repealed. Jan. 28, 1977, No. 3929, Sess. L. 1977, p. 3.

(a) A second tier retirement benefits program is established for officials and employees of the Government of the Virgin Islands and for their dependents and beneficiaries, for the payment of retirement annuities, disability annuities, and other benefits as provided herein to the officials and employees, and to their dependents and beneficiaries. (b) The second tier program is established to establish retirement benefits for the same purpose as stated in section 701(b) for employees who become members of the System on or after October 1, 2005. (c) The second tier program established under this chapter shall be subject to the control of the GERS Board of Trustees, and shall be known and designated as the Tier II Retirement Benefits Program. (d) The Tier II Retirement Benefits Program is effective thirty days after the enactment of this chapter at which time employees and employers contributions shall begin. The date shall be known as the "date of establishment". Retirement, disability, death benefit, and all other payments by the system shall begin to accrue from the date of establishment. (e) All provisions of chapter 27 are applicable to this chapter, except to the extent provided otherwise in this chapter. (f) No judgment may be rendered against the System in excess of $75,000 in any suit or action against the System with respect to any injury to or loss of property or personal injury or death that: (1) is caused by the negligent or wrongful act or omission of an employee of the System while acting within the scope of the employee's employment under circumstances where the System, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred; or (2) occurs in connection with the use of the System's facilities. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 402; amended Oct. 26, 2015, No. 7802, § 3(a), Sess. L. 2015, p. 156; amended Apr. 11, 2024, No. 8822, § 4, Sess. L. 2024, p. -.

(a) In this chapter: (1) "Tier II Retirement Benefits Program" mean the second tier system, as established in section 750 of this chapter, to be administered by the Employees Retirement System of the Government of the Virgin Islands. (2) "Member" means any employee included in the membership of the System and participating in the Tier II program. (3) "Prior Service" means service as an employee of the employer after the date of enactment of this program until the last day of service prior to the member's date of retirement. (4) "Regular Interest" means interest accrued on a member's contributions, after the date of enactment of this program, compounded annually, at the rate as shall be determined by the Board, from the experience of the system. (5) "Average Compensation" means the career average of a member's compensation over the entire course of service provided to the employer, subject to the maximum salary limitations in effect during the service. (6) "Police officer" means employees who perform traditional police duties or direct others in the performance of these duties, and excludes all other employees the as [sic] cadets, clerical, and housekeeping employees. (7) "Prison Guard" or "Corrections Officer" means an employee in the Bureau of Corrections and the Department of Human Services who performs traditional correctional officer and supervisory correctional officer duties. This definition does not include any others in the Bureau or Department, such as clerical, housekeeping and food service employees or other supervisory or managerial personnel. (8) "Firefighter" means an employee who performs traditional firefighting or fire prevention duties or direct others in the performance of these duties and excludes all other employees the as [sic] such as cadets, clerical, and housekeeping employees. (9) "Salary Right" means compensation earned to include benefits or dues as a result of contract negotiations for the time of employment prior to separation from service, and shall also mean an increase or raise in compensation granted to any exempt employee or employee working in the unclassified service that has not yet been paid to the employee. (10) "Compensation" means amounts received as pay, salary or remuneration for services rendered, provided that the maximum amount of compensation to be used for contribution by members or in the computation of any annuity or benefit hereunder shall be $65,000. Overtime pay or compensation for special services may not be included as compensation. (b) Deleted. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 402; amended Oct. 26, 2015, No. 7802, § 3(a), (b)(1)- (3), Sess. L. 2015, p. 156, 157 .

The following persons shall be included as members: (a) Any person who enters the service of the Government of the Virgin Islands on and after October 1, 2005. (b) Any person who becomes an employee on or after the date of establishment shall become a member as a condition of employment on the date of appointment. Contributions by the person shall begin immediately, provided that the employee shall be eligible for duty disability and death benefits from the first day of service subject to the qualifying conditions prescribed for the payment of the benefits. (c) Any person, who: (1) was a member of the First Tier before October 1, 2005; but (2) was not employed with the Government of the Virgin Islands on October 1, 2005; and (3) reenters the service of the Government more than five years after the date of separation from government service. (d) Any person whose position and salary are specifically fixed in the annual appropriation acts. (e) Any person employed by the employer who is not elsewhere excluded by the Virgin Islands Code from membership and whose term of employment is for at least one (1) year, provided that an initial appointment to a position for the remainder of the then current fiscal year be considered as meeting this requirement. (f) Any employee whose services are compensated on a contractual, fee or per diem basis and who works exclusively for the Government at least 40 hours per week may be included as a member and receive service credit for such periods by paying contributions pursuant to section 704(f) of this title. (g) Notwithstanding subsection (b), any person who reenters Government service may elect not to be a member of the System if the person is 60 years of age or older and is not receiving a retirement annuity from the System. (h) The following persons are excluded from membership in the System: (1) Any casual employee; (2) Any part-time employee who does not regularly work at least 50% of the normal work period; and (3) Any provisional employee. (i) The following persons are excluded from membership in the System: (1) Any casual employee; (2) Any part-time employee who does not regularly work at least 50% of the normal work period; and (3) Any provisional employee. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 404; amended Oct. 26, 2015, No. 7802, § 3(c)(1)-(3), Sess. L. 2015, p. 157; amended Apr. 4, 2018, No. 8029, § 5, Sess. L. 2018, p. 4.

(a) Any employee who has left the service of the government after the date of establishment, and re-enters service thereafter, shall be entitled to receive credit for prior service rendered prior to predecessor systems. Additionally, the member shall pay to the System the withdrawn contributions, the interest paid on those contributions prior to withdrawal, and the income the System would have earned had those contributions remained in the System and the interest on the unpaid balance if the member elects to redeposit on an installment basis. (b) Any employee shall be entitled to credited service, up to a maximum of three years, for all military service in the Armed Forces of the United States, including the army, navy, marines or coast guard, merchant marines, air force, or any auxiliary thereof, either by enlistment or induction, provided he has accrued at least ten years of regular credited service within the Government of the Virgin Islands. The member shall pay contributions in the manner prescribed in subsection (a) of this section. However, the employee must have been a bona fide Virgin Islands resident prior to entering military service and must have paid an amount equal to contributions that would have been deducted from the employee's salary during the period. (c) Prior service credit and membership service credit shall also include the time a member has served in military service, not to exceed three years, provided that the member has already accrued at least ten years of regular credited service within the Government of the Virgin Islands. The member shall pay contributions in the manner prescribed in subsection (a) of this section. (d) Any member may be entitled to credit as prior service or membership service, as the case may be, for any period of approved leave of absence without compensation, under rules in force, which may not exceed an aggregate period of twenty-four months during the entire period of credited service of the member. The member shall pay to the System, the contributions and the income the System would have earned had those contributions been paid to the System during the period of his approved leave of absence without compensation, and the interest on the unpaid balance if the member elects to deposit on an installment basis, which shall not exceed a period of four years. (e) In the computation of total credit for prior service or membership service, nine months or more of service shall constitute one year of service; six to eight months inclusive, shall constitute three-quarters of a year; three to five months inclusive, shall constitute one half of a year; less than three months shall constitutes [sic] one quarter of a year; not more than one year service credit shall be granted for all service rendered during a fiscal year. Fifteen days or more of service during any months shall constitute a month of service; five to fourteen days inclusive, shall constitute one-half of a month; less than five days, inclusive, shall constitute one-quarter of a month; not more than one year service credit shall be granted for all service rendered during a fiscal year. (f) Any employee shall be entitled to credited service as a member of the Legislature, provided the service is not applied to a legislative service retirement annuity, as provided in chapter 27 of this title. (g) No credited service benefit may be paid for excess annual leave, sick leave, leave without pay, federal service in the Virgin Islands, study leave, or for prior military service to any government employee until the System has received retirement contributions payments from the employer and employee. The member shall pay contributions in the manner prescribed in subsection (a) of this section. (h) Notwithstanding any other provision of this chapter, any person who is presently a member of this System who has rendered prior permanent or continuous service to the Government of the Virgin Islands, or the federal government in the Virgin Islands, and for which credit under this System has not been received, may receive credit for the prior service by contributing to the System contributions at the respective rates assessed for each period or portion of non-credited service the member seeks to receive credit. The member shall pay to the System the contributions and the income the System would have earned had those contributions been paid to the system, and the interest on the unpaid balance if the member elects to deposit on an installment basis. If the member elects to pay on an installment basis, the member shall have the maximum of thirty-six months before any retirement benefits are received to pay the contributions and the applicable interest. (i) If the employer fails or refuses to remit contributions on behalf of any employee for any period wherein service credit is being or has been sought, the employee may remit to the System a sum that equals the employer's and the employee's contributions for the period of credited service he has elected to obtain. (j) Employee or employer contributions for service credit on which benefits are to be calculated must be paid prior to the date of issuance of the first retirement benefits payment. (k) The required contributions for any service which have not been made for prior service, past service, military service, leave of absence service, and in the territory service, must be paid by cash, personal check or money order. The contributions must be accompanied by a statement identifying the service for which payment is made and must be made in lump sum for the total due or in annual payments of not less than $500, except for the final payment if less than $100, unless another method of payment is authorized by the System. Interest must be added annually to any unpaid balance not received by the System on or before October 1 of each year. (l) The required contributions for any service which have not been made prior to a member's retirement may not be made by any person after the member's retirement. The required contributions for any service which have not been made by the member before his death prior to his retirement may be made only by those authorized by the System to purchase the service. (m) A member may make the required contributions for past service not made by his employer. (n) Retirement contributions paid for a prior period, whether by employer or by member, must be charged a delinquent fee of 1.5% for each calendar month or part thereof that paid contributions should have been paid. This includes prior period contributions due to incorrect wages and contributions from an earlier report or wages and contributions that should have been reported, but were not. This delinquent assessment may not be waived. If the delinquent assessment is not remitted within thirty days following the System's invoice, an additional delinquent assessment of 1.0% on the invoice amount shall be assessed for each calendar month or part thereof that the invoice is delinquent. (o) Retirement contributions not remitted timely as prescribed by this chapter are delinquent, unless at the opinion of the Administrator, exceptional circumstances beyond the employer's control prevented payment by the prescribed due date and a waiver of the delinquent fee is granted by the Administrator. A waiver may be granted only once for an employer during any one fiscal year. The employer shall pay the assessed delinquent fee, plus any additional delinquent charges that have accumulated during the time required to renew the request for a waiver of the delinquency charge. (p) If an employer fails to pay the total amount due within one hundred and twenty calendar days from the date of the system's invoice, the Administrator shall notify the Board and certify the amounts due to the system. The Board shall determine the appropriate action to be taken. (q) Any member may purchase additional service credit, which must be added to the member's years of service credit already accrued for service worked and contributions paid under the following conditions: (1) No member may purchase more than five years of additional service credit. (2) Once a member makes an election to purchase additional service credit, the member may not modify or cancel the election, and the member may not make another election to purchase additional service credit, even if the amount of service credit purchased during the first election to purchase additional service credit is less than five years. (3) A member must pay the full amount charged for the additional service credit prior to his date of retirement. (4) A member may make payment for additional service credit in a lump sum payment or in bi-weekly installments through payroll deductions before the member's date of retirement. (5) When a member elects to make payment in installment payments through payroll deductions, the member has a total of two years for each year of additional service credit to make payment, but the final payment must be made prior to his date of retirement. (6) The amount that must be charged to a member for the purchase of additional service credit must at a minimum include the employer's and the employee's share of contributions; however, the System shall also charge to the member, in addition to the contributions prescribed in this paragraph, an additional charge or factor that is recommended by the System's actuarial consultant. This additional charge must be adopted by the GERS Board of Trustees and administered by the Administrator of the System. (7) A member must have at least 10 years of service credit before the member is eligible to purchase additional service credit. (8) Additional service credit may not be used to qualify a member for duty or non-duty disability. (9) When a member completes payment for additional service credit, the additional service credit must be added to the member's years of service credit, and the member must still qualify for a service retirement annuity based on years of membership service. Additional service credit may be used to qualify a member for a regular service retirement annuity only if the member has accrued at least 15 years of service credit by the time the member completes payment for additional service credit. (10) Any member who leaves the payroll for any reason prior to completing payment for purchase of additional service credit may retain the amount of service credit for which the member has already paid, if the amounts paid equal at least one year of credited service. If the amounts do not equal at least one year of service, the System shall return, within 30 business days, to the member the amounts the System has received from the member, and no interest may be paid. (11) The Board of Trustees may change the additional charge or factor recommended by the System's actuarial consultant, but such adjustment may not be applied to members who are at the time paying for additional credit on installment. (12) "Additional Service Credit" means service credit that may be purchased by the member for time the member has not actually worked while in the service of the employer. "Service Credit" as used in this section has the same meaning as "Membership Service" in chapter 27, section 702 (i) of this title. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 405; amended Oct. 26, 2015, No. 7802, § 3(d)(1)-(7), Sess. L. 2015, p. 157-159.

(a) An application for an annuity shall be in writing, addressed to the Administrator. The annuity when granted shall begin as of the first day of the month next following the date of withdrawal from service. In no case shall an annuity become effective prior to the aforesaid date nor more than 60 days prior to the receipt of the application from the member. (b) Any member retiring pursuant to the provisions of this chapter shall notify, in writing, his Department Head and the Administrator, of his intent to retire at least three months prior to the date of his retirement, but in no event shall a member give less than sixty days notice of his intent to retire. (c) A police officer, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, firefighter, including a firefighter and police officer employed by the Virgin Islands Port Authority, Virgin islands marshal and probation officer of the Superior Court, or corrections officer, are eligible to receive a retirement annuity at age 60 and upon completion of 10 years of service, or age 58 with 25 years of service. (d) Any member who is age sixty years with at least ten but less than thirty years of credited service may retire on a service annuity which shall be reduced by .325 of 1% for each month, or fraction thereof, that the member's age is less than sixty-five years. (e) Deleted. (f) Any member whose withdrawal from service occurs: (1) prior to age sixty-five years but after at least ten years of credited service; or (2) in the case of a police officer, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, firefighter, including a firefighter or police officer employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, or corrections officers, prior to age fifty-five years and after at least ten years of credited service, and who has not received a refund of accumulated contributions, is entitled to receive a deferred service annuity payable upon attainment of age sixty-five or fifty-eight years, as the case may be. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 408; amended Dec. 29, 2006, No. 6905, §§ 5(9.), (11.), (12.), Sess. L. 2006, pp. 336, 337; Apr. 16, 2007, No. 6917, § 5(b), Sess. L. 2007, p. 16; Feb. 2, 2010, No. 7149, § 5, Sess. L. 2009, p. 412; amended Oct. 26, 2015, No. 7802, § 3(e)(1)-(6), Sess. L. 2015, p. 159, 160; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

(a) Upon retirement from service, a member shall receive a service retirement annuity, payable semi- monthly, computed at the rate of 1.75% of his average compensation times the number of years of credited service, the aggregate of which shall not exceed 100% of his average compensation. (1) To the amounts of annual service retirement annuity produced by the application of the foregoing rates in any case in which average compensation is less than $4,000 per year shall be added the sum of $14.00 per year of credited service, and in any case in which average compensation is over $4,500 but not more than $6,000 per year, shall be added the sum of $7.00 per year of credited service; however, the foregoing shall not apply to any person with forty or more years credited service. (2) Notwithstanding any other provision of this chapter, the service retirement annuity of any member or special pensioner who has at least twenty years of credited service regardless of the retirement law in effect when the member retired shall be not less than $1,680 per year. (b) In the case of a police officer, fireman, including a fireman or police officer employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, or corrections officer or combination thereof: (1) The retirement annuity, for credited service of less than twenty years, shall be as provided in subsection (a) of this section. If the member is less than 55 years of age and has 20 years of credited service, the annuity must be calculated at 1.75%, and the member shall receive a reimbursement of the overage in excess of the contribution paid over the regular rate for contribution. (2) The retirement annuity for credited service of twenty years or more as a police officer, firefighter, including a fireman or police officer employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, or corrections officer or a combination thereof, shall be the annuity produced by 2.10% of average compensation per year of credited service, but in no event may the retirement benefits payable to the person under the provisions of this chapter exceed 90% of average compensation, except as increased by paragraphparagraph (3)his subsection; except, that any member qualifying for benefits under this paragraph may elect to receive the benefits or the benefits payable for his years of credited service under subsection (a) of this section. (3) Deleted. (c) Only a nurse, teacher or police officer receiving a service retirement annuity who reenters the service of the government either by appointment or on a contractual basis may continue to receive his annuity while a current employee of the Government, for a period not to exceed two years and at the end of such period the service retirement annuity shall be cancelled and the member shall thereupon again become a contributor to the system. Upon subsequent retirement, the member shall receive a retirement annuity that shall consist of (a) the previous retirement annuity which had been cancelled, and (b) the additional credited service earned during reemployment. (d) Notwithstanding subsection (c), any retired member of the System, may reenter the service of the government in the executive branch by appointment for a period of time not to exceed three years without any effect on the member's status as retired and without suspension or diminution of the member's retirement annuity under the following conditions: (1) The prospective central government employing entity must obtain approval from the Director of the Division of Personnel after submitting a written request that states detailed reasons for employing the retired member. The respective hiring agency head of all other government entities is the officer required to approve hires under this provision. Before approving a request to employ a retired member, the appropriate officer must find that: (A) The retired member is qualified and competent for performance of the duties of the position in which member is to be employed; (B) There is an urgent need for the retired member's services as a result of an existing vacancy for which the employing entity has been unable to recruit a qualified individual; (C) The hiring is non-permanent rather than a final filling of the position; and (D) The prospective employer has prepared a detailed recruitment plan to fill the vacancy on a permanent basis. (2) Upon approving employment of a retired member under this subsection, the appropriate officer must certify the approval to the System. (3) The retired member may reenter the government service not earlier than nine months from the date of the member's retirement. (4) Upon reentering government service, the member and the employer must pay contributions to the System at the Tier II rate pursuant to section 767 of this chapter and the employer has a duty to pay its contribution to the System as provided in section 767. Notwithstanding any other provision in this title, the contributions paid to the System by a person reentering government service after retirement are not refundable after any subsequent retirement by the member. (5) Participants under the age of 65, must be enrolled in the Government health insurance program for active Government employees. The insurance premiums of the participants under 65 years of age must be withheld from their government employment salary. All participants age 65 and over must maintain the existing state of affairs with respect to their health insurance. (6) Upon subsequent retirement, the member's annuity does not increase as a result of the member's reemployment under this subsection. (7) Employment under this section must be made via the Notice of Personnel Action (NOPA) process, or the regular method of employment used by the hiring agency, except for recipients of professional services contracts awarded through the competitive bidding process. (8) Participants hired to fill unionized positions are subject to and must comply with the union's collective bargaining agreement applicable to their position. (e) Notwithstanding subsection (c), any retired member of the System, may reenter the service of the government in the legislative and judicial branches of the Government by appointment or by contract for a period not to exceed three years without any effect on the member's status as retired and without suspension or diminution of the member's retirement annuity under the following conditions: (1) Before approving a request to employ a retired member, the appropriate officer must find that: (A) The retired member is qualified and competent for performance of the duties of the position in which member is to be employed. (B) There is an urgent need for the retired member's services; and (C) The hiring is non-permanent; and (2) The hiring must satisfy the requirements of subsection (d), paragraphs (2), (3), (4), (5) and (6). History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 409; amended Dec. 29, 2006, No. 6905, §§ 5(10.), (13.), Sess. L. 2006, p. 337; Apr. 16, 2007, No. 6917, § 6, Sess. L. 2007, p. 16; amended Oct. 26, 2015, No. 7802, § 3(f)(1)(A), (B), (2), Sess. L. 2015, p. 160; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113; amended Aug. 30, 2019, No. 8029, § 7(1)-(4), Sess. L. 2018, p. 4; amended Apr. 11, 2022, No. 8560, § 2, Sess. L. 2022, p. -; amended Jan. 19, 2023, No. 8690, § 20(a), (b), Sess. L. 2022, p. 452.

No retiree of the federal government, the Government of the Virgin Islands, or of the private sector shall be employed by the Government of the Virgin Islands on a contractual basis the compensation of which exceeds the highest rate of salary received by that employee before retirement, and in any case such rate of compensation shall not exceed $55,000 per year. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 411.

(a) In lieu of the retirement allowance for his life alone, a member, but not a retired member, may elect, to revoke or change a previous election, to have the actuarial equivalent of his retirement allowance as of the date of retirement applied to provide a lesser retirement allowance, in accordance with one of the optional settlements specified in this section. (b) Such election, revocation, or change of election may be made at any time before the effective date of retirement or after the effective date and prior to the making of the first payment on account of any retirement allowance. (c) If a member designates a spouse as the intended beneficiary, at any time before the making of the first payment on account of the member's retirement allowance, his spouse dies, or his marriage is terminated by a final judgment of divorce or annulment, the election of the member is void upon notice to the System, and the member may make a new election. (d) A member who has elected an optional settlement providing for the payment of a benefit to his spouse may at any time before the making of the first payment on account of his retirement allowance, substitute a different optional settlement. Such election, revocation, or change of election must be executed in writing and filed with the Board; and any member electing an optional settlement provided herein must be counseled by the System, with respect to his options and status, before and after making his election. (e) If a deceased member who is eligible for retirement has elected one of the optional settlements specified in this section, whomever the member selected to receive the optional benefit shall receive the same benefits as the beneficiary would have received if the date of the member's death had also been the date of his retirement and if retirement had preceded death. In the event benefits are paid to a surviving spouse, no payment shall be made pursuant to this section. (1) If a member dies without having elected an optional settlement and there is a surviving spouse, he shall be deemed for the purposes of this paragraph to have elected Optional Settlement No. 2 as provided in subsection (f). (2) In either case, the benefits payable to the surviving spouse must be in the same amount as if the member had elected to receive credit for service rendered prior to the date he became a member of this system and had paid the full amount of the contributions in respect to the service. (f) A member may designate one or more persons as beneficiaries. If more than one person is designated under an optional settlement involving life contingency of the beneficiary, the member is deemed to have elected the optional settlement on an equal portion of his allowance independently for each beneficiary. The options are: (1) Optional Settlement 1 - The member has the right to have a retirement allowance paid him until his death if he dies before he receives the amount of his accumulated contributions at retirement, to have the balance at death paid to his beneficiary or estate. (2) Optional Settlement 2 - The member has the right to have a retirement allowance paid him until his death and thereafter to his beneficiary for life. (3) Optional Settlement 3 - The member has the right to have a retirement allowance paid him until his death, and thereafter one-half of his retirement allowance paid to his beneficiary for life. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 411; amended Oct. 26, 2015, No. 7802, § 3(g)(1)-(3), Sess. L. 2015, p. 160.

(a) Any member who becomes totally and permanently incapacitated for service as the proximate result of bodily injuries sustained or a hazard undergone while in the performance and within the scope of his duties, shall receive a duty disability retirement annuity if the injuries or hazard were not the consequences of the willful negligence of the member. (1) The application must be made not more than six months after the date the member has been advised that he is permanently and totally incapacitated for service, if an accidental disability, or six months after the occurrence of disablement if an occupational disease and proper proof is received from one or more physicians designated by the System that the member is mentally or physically incapacitated. The decision of the Board must be based on the opinion of the physicians selected by the Board and not the opinion of the physicians selected by the member or any other entity, including the Worker's Compensation Administration. Provided, however, that if one or more of the physicians designated by that Board have provided proper proof that the member is mentally or physically incapacitated, or totally and permanently disabled, the member shall automatically be entitled to duty disability annuity and the member's disability application need not be presented to the Committee of Medical Review pursuant to § 710a herein. (2) In the case of members found to be permanently disabled and unfit to perform their duties in accordance with title 3 Virgintitle 3 Virgin Islands 584asection 3(d), application must be made not more than three months after the determination is made in accordance with title 3 Virgin Isltitle 3 Virgin Islands 584asection 3(d), and no prior notice of the accident to the System shall be required. (3) For the purposes of this section, a member is totally and permanently incapacitated for service if the member's physical or mental impairment is so severe that the member is unable to perform the member's previous work and cannot, considering the member's age, education and work experience, engage in any other kind of substantial gainful employment that exists in the Territory regardless of whether the work exists in the immediate area in which the member lives, a specific job vacancy exists or the member would be hired if the member applied for work. (4) "Substantial gainful employment" means any work that is generally done for pay or profit, that the member is able to perform with sufficient regularity and duration to provide a reliable source of income that provides an annual income that exceeds the poverty threshold for one person, as determined by the Virgin Islands Department of Human Services, irrespective of the number of hours or days that the member actually works. (b) The duty disability retirement annuity is payable during disability and is equal to 52.50% of the member's rate of compensation at date of disability in an amount not to exceed $65,000 per annum, exclusive of any annual increment or cost of living adjustment. The annuity must be offset by any amounts received by the member as worker's compensation from the employer. (c) The System may request earnings information from recipients of disabilities to verify claims. The recipient shall provide the earning information to the System within 30 days of the System's request. If the recipient fails to provide the requested information within the prescribed time, the duty disability annuity shall be discontinued until the time as the requested information is provided. When the requested information is provided, the duty disability retirement annuity shall resume. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 412; amended Oct. 26, 2015, No. 7802, §§ 3(h)(1), (2) (A)-(E), (3), (4) (A), (B), Sess. L. 2015, p. 160-162; amended July 9, 2025, No. 8997, § 1, Sess. L. 2025, p. -.

(a) When the proximate cause of death of a member is as a result of bodily injuries sustained or a hazard undergone while in the performance and within the scope of his duties, if the injuries or hazard were not the consequence of the willful misconduct of the member, the surviving widow of the member shall be entitled to an annuity equal to 28% of the annual compensation of the member at the date of death of the member, the payment shall continue until the spouse dies or remarries. This annuity must be increased by 7% of the member's compensation on account of each unmarried minor child under age eighteen, subject to a maximum payment to a widow and children of 42% of compensation. (1) If there is no widow or if the widow dies or remarries before any child of the deceased member attains the age of eighteen years or twenty-three years, if a full time college student, then each child under the age shall receive an annuity of 7% of the member's compensation, to continue until each child attains age eighteen, or twenty-three years, if a full-time college student, subject to a limitation of 35% of compensation to all minor children. (2) If there is no widow or children under the age of eighteen, then payment of annuity must be made to the dependent father and dependent mother of the member, at the rate of 17.50% of compensation to each, for life, except, that if none of the aforementioned beneficiaries is living at the death of the member, no duty-connected death annuity shall be paid under the provisions hereof. (b) Adopted children under the age of eighteen or twenty-three, if a full-time college student, are eligible for benefits hereunder if the proceeding for adoptions shall have been initiated at least one year prior to the date of death of the member. (c) Where any payment under any section of this chapter is due a minor, or a person mentally incompetent or under other legal disability, the payment may be made to the person who is constituted guardian or other fiduciary by the law of the Virgin Islands, or the place of residence of the claimant, or is otherwise legally vested with the care of the claimant or his estate. (d) If benefits are paid to a surviving spouse or the deceased member's child under this section, no other payments may be made pursuant to this section. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 413; amended Oct. 26, 2015, No. 7802, § 3(i), Sess. L. 2015, p. 162.

(a) Any member under age sixty having at least nine years of credited service who becomes totally and permanently disabled for service, either mentally or physically, from any cause other than duty disability shall be entitled to a non-duty disability retirement annuity. (b) The annuity shall begin to accrue upon termination of payments to the employee by the Government of amounts representing full compensation, part compensation or any other form of compensation; provided, that if written application for the annuity is not filed with the System within sixty days of the date of termination of the compensation payments, the annuity shall begin to accrue as of the day sixty days prior to the receipt of the application. (c) A member shall be considered totally and permanently disabled only after the System has received (1) written certification by at least two licensed practicing physicians, selected by the System, that the member is totally and likely to be permanently disabled from further performance of the duties of any assigned position in the service of the employer, and (2) written certification from the employer that the member has been separated from the service of the employer because of a total and permanent disability of the nature as to reasonably prevent further service to the employer, and as a consequence is not entitled to compensation from the employer. Provided, however, if at least two licensed and practicing physicians, selected by the Board, as provided herein, certify that the member is totally and likely to be permanently disabled, notwithstanding 3 V.I.C. § 710a, the member's application need not be submitted to the Committee of Medical Review. Provided, however, if at least two licensed and practicing physicians, selected by the Board, as provided herein, certify that the member is totally and likely to be permanently disabled, notwithstanding 3 V.I.C.§ 710a, the member's application need not be submitted to the Committee of Medical Review. (d) The amount of disability annuity is equal to 1.4% of average compensation for each year of credited service at a date of disability, subject to a minimum of 14% of average compensation and a maximum of 42% of average compensation in an amount not to exceed $65,000 per annum exclusive of any cost of living annuity, bonuses or adjustments. (e) Any payment by the employer representing salary or part salary shall be applied to reduce the amount of the annuity payable to the member. (f) The recipient of a non-duty disability retirement annuity shall provide earnings and medical information as requested by the System to verify disability claims. If the recipient fails to provide the requested information, the non-duty disability retirement annuity must be discontinued until the time as the requested information is provided. When the requested information is provided, the non-duty disability retirement annuity resumes. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 414; amended Oct. 26, 2015, No. 7802, § 3(j)(1)-(4), Sess. L. 2015, p. 162; amended July 9, 2025, No. 8997, § 1, Sess. L. 2025, p. -.

(a) At least once each year during the first five years following the allowance of disability retirement annuity to any member, and at least once in every three-year period thereafter, until a member's attainment of age 65, the System shall require any disability beneficiary to undergo a medical examination to be made at the place of residence of the beneficiary, or any other place mutually agreed upon, by a physician or physicians engaged by the System. If an examination indicates that the beneficiary is no longer physically or mentally incapacitated for service in the position held by the member at the date of disability, payments by the system must be discontinued. The name of the member must then be placed on the appropriate list of candidates maintained for appointment to a position in the division for which he is found to be qualified at compensation at least equal to the rate he received at the time he last became a beneficiary. (b) Any member receiving a duty disability retirement annuity or a non-duty disability annuity who resumes gainful employment, and his earnings together and disability retirement annuity, exceed the rate of compensation of the member at the date of retirement, the Board shall reduce the amount of disability annuity to an amount that, when added to the compensation being earned by the member, may not exceed the rate of compensation of the member at the date he last became a disability beneficiary. (c) If disability beneficiary refuses to submit to a medical examination as herein provided, payments must be discontinued until a medical examination is conducted. If the medical examination is not conducted within one year, the System shall revoke all rights the member has to receive a disability retirement annuity. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 415; amended Oct. 26, 2015, No. 7802, § 3(k)(1)-(4), Sess. L. 2015, p. 162.

(a) Upon the death of a member while in service, if no duty-connected death annuity is payable, a payment of the accumulated contributions of the deceased member is payable to a beneficiary whom he has designated. (b) Upon the death of a retired member, unless an optional benefit has been elected as provided in section 756 of this title, a lump-sum payment equal to the excess of the annual salary of the member at the date of retirement as defined in section 751(a) of this title, plus the member's total contributions, over the amounts received by the member in annuity payments up to the time of his death, must be paid to the member's designated beneficiary. (c) The death benefit payments as provided under subsections (a) and (b) of this section is payable to a beneficiary who must be designated by the member. In the absence of a designation, the death benefit payments provided under subsections (a) and (b) of this section are payable to a beneficiary designated by the member. In the absence of a designation, the death benefit payments provided under subsections (a) and (b) of this section are payable to a beneficiary of the member in the following order of precedence: (1) the surviving spouse; (2) if there is no surviving spouse, to the child or children and descendants of children by representation, in equal amounts; (3) the member's parents; and (4) where none of the persons listed in subsection (c)(1-3) survives the member, the member's estate is entitled to receive payment of the excess of the member's accumulated contributions over the amount of annuity payment received by the member up to the time of his death. (d) When a member dies while in service and the deceased member was qualified for a service retirement annuity as provided by the system, the deceased member's surviving spouse is entitled to a payment of the deceased member's accumulated contributions. If there is no surviving spouse, the death benefit is payable as provided in subsections (a) or (b) of this section, whichever is applicable. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 416.

(a) Upon withdrawal from service, any member who does not have ten years of credited service and is not then eligible for a service retirement annuity is entitled to receive a refund of the accumulated contributions, plus regular interest as defined in section 751, including contributions made by the member to any superceded retirement system. (1) Any member withdrawing from service, who does not receive a refund and later returns to service, shall receive credit for the amount of credited service earned at the time of his withdrawal from service. (2) Any member receiving a refund shall thereby waive and relinquish all accrued rights in the system including all accrued credited service. If no specific request to the contrary is made by a member within thirty days from the date of his separation from the service, the System may, in its discretion, refund the accumulated contributions of any member who has less than three years of credited service; notwithstanding that the member may not have applied for a refund. (b) Any member who has received a refund shall be considered a new member upon subsequent re- employment if the person qualifies for membership under the provisions hereof. Provided that the entire refunded amount is repaid to the employee's retirement account, a member's account shall be given service credit upon the repayment of the following: (1) All of the refunded contributions made under the present system; (2) Interest as determined by the Board of Trustees, based on information provided to the Board by the system's actuarial consultant; and (3) Any additional amount as determined necessary by the Board of Trustees, based on information provided to the Board by the system's actuarial consultant. (c) An employee who takes advantage of the provisions of this subsection must be permitted to make the contributions over a period of time, not to exceed three consecutive years, beginning at the time that the employee's eligibility to make the repayment has been determined. The member shall pay to the System the withdrawn contributions, the interest paid on those contributions prior to withdrawal, the income the system would have earned had those contributions remained in the System, and the interest on the unpaid balance, if the member elects to redeposit on an installment basis, but the payments may not exceed a period of three consecutive years. (d) (1) Whenever the System receives from the employer a member's contributions, due to partial payment of the "salary right" of a member, as defined by 3 V.I.C. § 702(z), and the contributions are not adequate to permit the System to adjust the member's service retirement annuity for paid membership service, or, no Notice of Personnel Action (NOPA) is received to permit the System to adjust the member's service retirement annuity, the System shall refund the member's contributions to the member. (2) Payment of the member's contributions to the member is final and in lieu of the member's receipt of membership service credit, and the member is not entitled to any membership service credit that the member would have received, or to which the member would have been entitled, if contributions were paid on compensation created by the "salary right". History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 417; amended Oct. 26, 2015, No. 7802, § 4(a)(1)-(4), Sess. L. 2015, p. 162, 163.

(a) There is hereby created a new retirement program for members of the Legislature of the Virgin Islands. Membership in the System for members of the Legislature currently in service shall be optional. Each member currently in service on the date of enactment of this section shall have the opportunity to elect in writing to participate in this retirement program. Any such member currently in service who desires credit for prior service as a member of the Legislature shall contribute to the System 15% of his annual compensation effective on the date of enactment. (b) Participation in this new program on the part of any current member of the Legislature shall continue until the date he becomes an annuitant, dies or accepts a refund of his contributions thereto. (c) The rate of contribution to the System on the part of a member of the Legislature who becomes a member of the System after the date of enactment of this new program shall be 15% of his annual compensation. This rate shall apply to service rendered beginning from the first date said member takes the oath of office as a member of the Legislature of the Virgin Islands. For purposes of this chapter, service as a member of the Legislature during any part of a calendar year shall be deemed to be a year of credited service; provided that contributions are made for the full calendar year. (d) Members of the Legislature shall make arrangement with the System to pay the entire amount due as contributions including any interest paid, and the income the System would have earned had those contributions remained in the system for the benefits provided, and the interest on the unpaid balance, and if the member elects to deposit on an installment basis, the member shall have a maximum of 48 months before any retirement benefits are received to pay the contributions and the applicable interest. (e) The conditions governing eligibility for service retirement for any member of the Legislature and the amount of the annuity shall be as stated in this section, provided, that the Legislature shall contribute, in addition to employer's contribution, any amounts that would increase the actuarial liability as determined by the Actuary. Vesting in a service retirement annuity shall attach upon completion of three (3) terms. Any such member shall be eligible for service retirement beginning at age sixty (60) on a service retirement annuity equal to the rate set forth: 1. For each year while in office during the first 6 years - 3.5% of compensation. 2. For each year while in office from 7 to 12 years - 4.0% of compensation. 3. For each year while in office from 13 to 20 years - 4.5% of compensation. 4. For each year after 20 years in office - 5.0% of compensation. For purposes of this subsection, the term "compensation" shall mean the highest rate of compensation, as established by Title 2, section 71 of this Code, received by that member during his tenure as a member of the Legislature. No member shall receive more than 100% of compensation at retirement. (f) In the case of any member of the Legislature who shall become separated from the service before he completes [an] aggregate of three (3) terms as a member of the Legislature, the total amount paid by such member of the Legislature shall, upon his application, be returned to him or such legislative service shall be credited to the member's service as provided, that such service is not applied to legislative service retirement. No such member of the Legislature shall thereafter receive credit for such service unless he again becomes a member of the Legislature and redeposit the amount so returned. 1. No such member of the Legislature shall thereafter receive credit for such service unless he again becomes a member of the Legislature and redeposit if the amount so returned, including any interest paid. Additionally, said member shall pay to the system the withdrawn contributions, the interest paid on those contributions prior to withdrawal, and the income the system would have earned had those contributions remained in the System, and the interest on the unpaid balance if the member elects to redeposit on an installment basis. 2. Deleted. (g) Nothing contained in this chapter shall be construed to prevent any person eligible therefore from simultaneously receiving an annuity computed on the basis of years of service other than as a member of the Legislature and an annuity computed in accordance with this section; nor shall anything contained in this chapter be construed to prevent a member of the Legislature from receiving, while serving in the Legislature, an annuity for non-legislative service. (h) No provision of this chapter or any other act relating to automatic separation from the service shall be applicable to a member of the Legislature. (i) As used in this section, the term "Legislature" means the 26th Legislature of the Virgin Islands and all succeeding legislatures. (j) In no case shall service other than as a member of the Legislature be considered service for purposes of this section, nor shall service as a member of the Legislature be considered service for any purpose other than as specified in this section. (k) The provisions of this section with respect to conditions governing membership in the system, rates of contribution, conditions of retirement and rates of annuity, as prescribed by this Act, shall apply fully to all members of the Legislature in service on the date of enactment of this Act, and to those who become members of the Legislature thereafter. All other sections of this chapter to the extent that they confer additional rights or benefits in the System to participants therein, apply with equal force to members of the Legislature who are members of the System, as of the date of enactment of this Act, to the same extent as in the case of all other employee participants and their beneficiaries, and other provisions of this chapter to the contrary notwithstanding. (l) In the computation of total credit for prior service or membership service, nine months or more of service constitute one year of service; six to eight months inclusive, constitute three quarters of a year; three to five months inclusive, constitute one half of a year; less than three months constitute one quarter of a year. Not more than one year service credit may be granted for all service rendered during a fiscal year. Fifteen days or more of service during any month constitute a month of service; five to fourteen days inclusive constitute one half of a month; less than five days inclusive constitute one quarter of a month. History: Added Dec. 29, 2006, No. 6905, § 6, Sess. L. 2006, pp. 338-341; amended Oct. 26, 2015, No. 7802, § 4(b)(1)-(6), Sess. L. 2015, p. 163, 164.

(a) [Reserved for future use.] (b) The Board is vested with the discretionary investment strategy authority to vary the investment criteria set out in this section by no greater than 25% of the aggregate amounts specified. The Board is prohibited from changing the securities ratings specified in this section, however the Board may invest a maximum of 15% of the portfolio in below investment grade securities. The Board, after determining it is in the best interest of the System, may hold securities that have been downgraded to below investment grade, and those securities do not apply towards the 15% below investment grade allocation. The Board shall make investment decisions in accordance with the prudent investor standard. The reserves of the system in excess of the cash requirements for current operations shall be invested and reinvested in a diversified portfolio of assets so as to meet the objectives and goals set forth by the Board of Trustees in the System's Investment Policy Statement. The following types of securities and investments, including certain limitations, must comprise at least 80 percent of the System's assets: (1) Bonds and notes of the United States Government and its agencies and instrumentalities, the obligations of which, both as to principal and interest, are guaranteed unconditionally by the United States Government; (2) Bonds or notes which are general obligations of any State in the United States, or of any political subdivision thereof; Provided, such political subdivision had a population as shown by the last Federal Census preceding such investment of not less than 30,000 inhabitants; And provided further, That such State or political subdivision thereof has not defaulted for a period longer than 30 days in the payment of interest or principal on any of such general obligations during the period of 10 years next preceding such investments; (3) Bonds or other obligations that are payable from revenue or earnings specifically pledged therefor of a public utility that is municipally owned either directly or indirectly through any civil division, authority or public instrumentality of the municipality, provided: (A) the municipality has at least 30,000 inhabitants; (B) the utility has been in operation for at least 10 years prior to the date of investment; (C) bonds or other obligations of such utility have not been in default for any period longer than 30 days; (D) the rates for service are fixed and maintained and collected at all times so as to produce sufficient revenue or earnings to pay all operating and maintenance charges and both the principal and interest on such bonds or obligations; and (E) the investment in any one issue of such bonds does not exceed 15 percent of such issue, and that the total investment in this type of security shall not at any time exceed 10 percent of the total investment of the system; (4) Bond or any other evidences of indebtedness issued or guaranteed by any corporation, chartered under the laws of the United States, provided that these securities bear a rating of "B" or better by any two nationally known security concerns. Not more than 5 percent of total investments shall consist of any one issue of these bonds. (5) Bank loans and convertible securities that bear a rating of "B" or better by any two known security concerns. Not more than two percent of total investments shall consist of any one issue of these bonds. (6) Bonds or other evidences of indebtedness of any domestic industrial corporation, provided that these securities bear a rating of "BBB" or better by any two nationally known security rating concerns. Not more than two percent of total investments shall consist of any one issue of these bonds. (7) Bonds or obligations of the Commonwealth of Puerto Rico or of the Territories of the United States, provided that the investment in any one issue of bonds of these communities shall not exceed 10 percent thereof, and that the total investment in all securities of any one of such communities shall be limited of 2 percent of the total investment account of the System. (8) Common and preferred stocks of any corporation charted under the laws of the United States, or of any state, district or territory thereof, if listed on a national securities exchange as defined in the Federal SFederal Securities Exchange Act legal for trust funds in the Virgin Islands; or common and preferred stocks of any foreign corporation if listed on any internationally recognized security exchange. The investment in the stock of any single corporation should not exceed one percent of the market value of the total investment of the fund on the date of purchase or be greater than 1 percent of the total outstanding stock of the corporation. The aggregate amount to be invested in common and preferred stocks shall be limited to 70 percent of the market value of the total investment of the System on the date the investment is made. Investment in foreign stocks shall be limited to 25 percent of the market value of the total investment of the System. (9) All securities purchased by the Board shall be registered in the name of the system, and no securities shall be purchased or sold or in any manner hypothecated except by the action of the Board duly entered into the record of its proceeding. However, notwithstanding any other provision of law, the Board may establish a domestic trust that will meet applicable U.S. Internal Revenue Code provisions, for the purpose of receiving, holding, paying, and transferring assets of the system on the continental U.S. mainland. (A) Subject to the limitations prescribed in this section, the Board shall have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments that it shall have acquired, as well as the proceeds thereof. All securities shall be acquired by the Board at prices representing the prevailing market value for such securities. (B) Except as otherwise provided herein, no trustee and no employee of the Board shall have any direct interest in the income, gains or profits of any investments made by the Board, nor shall any such person receive any pay or emolument for service in connection with any investment made by the Board. No trustee or employee of the Board shall become an endorser or surety or in any manner an obligor for money loaned or borrowed from the System. (C) All interest and dividends derived from investments, and any gains from the sale or exchange or investments, shall be credited by the treasurer to the account of the System. (c) Personal loans to active members of the System. Provided that a member shall not have more than one loan in a fiscal year, any member of the System who has contributed to the System for at least two years has the privilege of borrowing from the retirement System. The amount that any member may borrow may not exceed 75% of the member's contribution credits in the System and shall not, in any event, exceed the sum of $75,000, with each individual loan not to exceed $10,000 at an interest rate not to exceed 12%. In case of separation from service for any reason, including death or disability of the member, the balance due on the loan and any accrued interest thereon, shall be deducted from any accumulated contributions. This rate includes a charge for insurance on loans against death or total and permanent disability, which development shall effect a cancellation of any unpaid delinquent balance of a loan and any accrued interest thereon. The principal amount and interest thereon, must be repaid to the system in installments at least equal to 5% of the member's salary and at a rate that will effect repayment of the loan before the member attains age 70. The repayments must be deducted from the salary of the member when the member's contributions to the System are deducted. (1) Mortgage loans to members for construction or purchase of a home, or improvements to a home. Subject to the rules and regulations that the Board may prescribe, any member of the system who has contributed for at least five years has the privilege of borrowing from the retirement system for the initial construction phases of a home, including the construction of cisterns and foundation slabs; for the purchase of a home; or for capital improvements of a home owned by the borrowing member which improvements increase the value of the property. The Board shall, to the extent possible, apportion the loans equally between members residing in St. Croix and members residing in St. Thomas and St. John. A member, who already owns a home, whether rented or owner-occupied, is eligible for a mortgage loan (i) for capital improvements to that home; (ii) for refinancing and amortizing an existing first priority mortgage on that home; and (iii) for purchase of a second residential property. The Board shall require as a condition to making mortgage loan that the mortgagor insure the system's interest as mortgagee of the property with insurance coverage similar to that coverage which is normally required for a mortgage loan by a bank, insurance company or other mortgage lender, including but not limited to title, casualty, and life insurance. (A) The percentage of reserves in excess of cash requirement, which shall be available for loans, will be determined by actuarial valuations. (B) The total amount of loan outstanding to any member shall be determined by the Board of Trustees and shall not exceed $350,000. (C) Notwithstanding the age of the member, the loan authorized under this subsection may extend for a thirty year period or age 70; (D) For loans given for home construction, during the construction and until a mortgage is executed, a bond or Builder's Risk Insurance must be obtained naming the system as beneficiary. As member's salary becomes due and payable, it shall be deemed collateral security for the loan until the principal, together with any interest thereon, is paid in full. (E) Every loan under this subdivision must be secured by a first or second priority mortgage upon the land and upon each building or other structure thereon which is to be constructed, purchased or improved pursuant to the provisions of this subdivision, until the principal amount of the loan and any interest thereon, are paid in full. The Board may consent to the mortgaging of real property, previously mortgaged pursuant to the provisions of this paragraph, to a private lending institution, for the purpose of securing an additional construction or improvement loan from the institution by the member-grantee or for the purpose of refinancing an existing first priority mortgage. If the Board shall determine that the total value of the land and any improvements thereon is sufficient to protect the interest of the System as holder of a second priority mortgage, then the consent agreement may include subordination of the rights of the System in the mortgage under this paragraph for all purposes, including foreclosure proceedings by the mortgagee. (F) Every member, securing a mortgage loan under the provisions of this subdivision, shall assign to the System as further security, until the loan and interest thereon are paid in full, all of his accumulated contributions as well as any other contributions that may accumulate in the System in his favor; except, that in the case where two persons may hold a mortgage loan jointly, and the loan is not insured by a death or permanent disability policy as provided by subparagraph (d), and one has or becomes permanently disabled, the other may elect to have a portion of the benefits assigned by the deceased or disabled applied each month to the mortgage loan in lieu of a monthly mortgage payment by the surviving or non-disabled party until the entire amount of the assignment is depleted. (G) The principal of the loan and interest thereon shall be repaid to the System in installments at least equal to 10% of the member's annual salary, and at a rate that will effect a repayment of the loan prior to the member's attaining the age of seventy years. Such repayments shall be deducted from the salary of the member at the same time and in the same manner as the member's contributions to the System are deducted. (H) Interest on the loan must be set in advance, from time to time, by the Board. In addition to interest, the Board may charge for insurance on each loan against the eventuality of the death or the total and permanent disability of the member-grantee, which eventually shall result in a cancellation of any unpaid principal of the loan and any accrued interest thereon. (I) The Board shall establish a special fund or account to restore to the System any losses suffered by it as a result of defaults on any loans or of any other cause incidental to the administration or operation of the loan program under this section. (J) The Board may, to the extent necessary to protect the interests of the System, bid for the purchase of any property on which it holds a second mortgage, provided that the bid does not exceed the combined value of the first and second mortgages on the property. Amounts necessary to meet successful bids must be paid from accounts or reserves established by the Board of Trustees or from the Retirement System Mortgage Loan Fund as cited at title 33 Virgin Islands Code, section 3026. (K) No member who title 33 Virgin Islands Code, section 3026b), the amount of which is less than the limit provided in subsection (d) hereof, may be prohibited because of the loan from obtaining an additional loan for an amount which, when added to the amounts outstanding on any other loan or loans under this subdivision, would not exceed the limit provided in subsection (b) of this section. (L) Nothing in this subsection shall prohibit two or more members from obtaining loans as individual members on the same property, provided that the value of the property exceeds the combined loans and the income and credit of each applicant justifies the amount of the loan to that applicant. (M) If that a member fails to provide evidence of property insurance coverage of the System's collateral interest in the mortgaged property, the System, upon thirty days' written notice to the member, shall place the member's mortgage into the forced-placed protection program to protect the System's mortgage interest in the mortgaged property. (N) The System shall recover the cost of the forced-placed insurance premium in the following manner: (i) the member may pay the cost of the premium in full within ten days of the notice of the System's payment of the forced-placed insurance premium; or (ii) the cost of the forced-placed premium shall be added to the unpaid mortgage principal at an amortized interest rate that is consistent with the mortgage interest rate applicable for that particular mortgage category on the date that the premium is added to the principal. (2) Chattel mortgages to members or retirees of the System shall be given, subject to the rules and regulations as the Board may prescribe, and consistent with the following conditions: (A) Chattel mortgages shall be made for the purchase of new automobiles, new passenger carrying trucks, vans, and new motorcycles or other new passenger-carrying type vehicle. (B) Interest on the loans must be set in advance, from time to time, by the Board and shall be repayable in no more than five years. (C) The total amount of a chattel mortgage on the purchase of a new automobile may not exceed $40,000. (D) The chattel mortgage must be recorded with the Recorder's Office and the Virgin Islands Police Department (VIPD) of the respective district and shall be noted on the certificate of title of the vehicle when purchased. (E) The chattel mortgage must be secured by the new automobile for which the loan is being obtained and the member shall insure the automobile for which the loan is made with comprehensive coverage for no less than the value of the System's loan on the vehicle and the insurance policy shall make the System as beneficiary to the extent of its lien. (F) The System may not determine that members or retirees who are otherwise qualified to obtain a loan under this paragraph (12) are ineligible for a loan for the sole reason thparagraph (12)icle will be used, in whole or in part, as a taxicab. (G) The Board shall promulgate concerning the granting of a chattel mortgage for the purchase of a new automobile. The regulations must include, but not be limited to, down payment requirements for the loans. (H) If a member fails to provide evidence of comprehensive automobile insurance coverage to the system for the collateral interest in the chattel mortgage, the Board of Trustees, upon thirty days' notice to the member, shall place the member into the forced-placed automobile insurance protection program to protect the system chattel mortgage interest in the automobile. (I) The system shall recover the cost of the forced-placed automobile insurance premium in the following manner: (a) the member may pay the cost of the forced-placed automobile insurance premium in full within ten days of notice of payment by the Board of the forced-plan automobile insurance premium; or (b) the cost of the forced-placed automobile insurance premium shall be added to the unpaid chattel mortgage principal at an amortized interest rate that is consistent with the chattel mortgage interest rate applicable to automobile loans on the date that the premium is added to the principal. (3) Retired members may refinance an existing personal loan once per fiscal year in accordance with the regulations established by the Board. The Board shall prescribe rules and regulations for the issuance of the loans which insure a reasonable repayment schedule and a rate of interest not less favorable to the recipient than the rate charged for personal loans to members who are not retired. No member who has retired may be denied a personal loan because of the member's age, race, sex, color, creed, national origin, disability, or political affiliation. This payment must include a charge for insurance on loans against death, which developments effect a cancellation of any unpaid balance of a loan and accrued interest thereon. (4) Subject to such rules and regulations as the Board may prescribe; provided that the rules and regulations do not prevent the member from obtaining a loan for the construction of a house pursuant to the provisions of paragraph (11), loans to members of the sparagraph (11)or the purchase of land must be consistent with the following: (A) Loans given for the purchase of land may be secured by a first priority mortgage. For the purpose of a securing a construction loan, the Board may consent to subordinate its interest in the first priority mortgage to a private lending institution. (B) No land loan may exceed $50,000. (C) Notwithstanding the age of the member, the loan authorized under this subsection may extend for a fifteen year period. (D) Any loan made pursuant to the provisions of this paragraph must be limited to the purchase of land on which the borrower intends to construct his principal place of residence. (E) The provisions of paragraph (11) of this section pertaining to paragraph (11)ation, the Retirement System Mortgage Loan Fund, interest rate, and repayment are applicable to loans made pursuant to this subsection to the extent they are consistent with this chapter. (5) Real property purchased and/or developed by the Board for sale for homeownership purposes, provided, that members of the system shall have preference in the purchase of any such real property from the Board. (6) Bonds or other indebtedness issued by foreign governments or foreign corporations provided that (a) these securities bear a "B" or better by any two internationally known securities rating concerns, and (b) not more than 5 percent of total investments shall consist of any one issue of these bonds excluding Germany, Canada and Australia. The aggregate amount to have invested in foreign bonds shall be limited to 3 percent of the market value of the total investments of the system. (7) If the Board determines that compliance with this section will result in lower anticipated overall earnings for the System than would be obtainable from alternative investment opportunities that would lead to superior total portfolio performance, the Board may substitute those alternative investments, to the extent actually available for acquisition, for the investments otherwise specified by this section. Additionally, if adherence to the diversification guidelines specified in this section would conflict with the Board's fiduciary obligations, or would conflict with the Prudent Investor Standard, the Board may substitute may deviate from the guidelines provided in this section. All investment decisions made pursuant to this section shall be made in accordance with the prudent investor standard. (8) The Board of Trustees may establish the loan lending limits for all categories of loans to members, except that the loan lending limits for personal loans are prescribed in subsection (c). (9) Alternative Investments. The Board of Trustees may administer the investment portfolio programs of the system including the Alternative Investment Programs. (A) General; definitions. Alternative Investments are investment opportunities that have not been identified by the traditional public equity or fixed income capital markets. The alternative asset class offers the potential for significantly greater returns than those available in the public markets. The returns are commensurate with risk presented by the class, the as [sic] liquidity, lack of standard historical evaluation data, use of derivative securities and leverage. Examples of the type of investments considered as alternative or non-traditional investments are: (i) Private Equity Venture Capital Mezzanine Acquisition/Buyouts Restructuring Subordinated Debt Special Situations (ii) Natural Resources Oil and Gas Agriculture (iii) Managed Futures/Commodities Active Indexed Long-Only and Long/Short (iv) Hedge Funds and Portfolio Overlay Macro Long/Short Event-Driven Market Neutral (v) Real Estate (vi) Financial Futures; (vii) Swaps, to include, interest Rate Swaps and Credit Default Swaps; (viii) Financial Options and swap options; (ix) Non USD currency exposure; (x) Currency forwards The instruments identified in vi-x do not apply to the fixed income portfolio 10% maximum. (B) Types of Alternative Investments - definitions. (i) "Early-stage" means companies that do not have material and sustainable revenues from operations. Early-stage companies frequently have not achieved profitability. (ii) "Intermediate-stage" means companies that have achieved success in generating meaningful levels of revenues and are in a revenue/market growth phase with the expectation of achieving profitability. However, due to the heavy capital requirements needed to support growth, these companies may experience negative cash flows. (iii) "Late-stage" means companies in development when the rate of growth is slowing but the business is established. Late-stage companies are expected to demonstrate profitability and positive cash flow. These companies often have a dominant position in their primary markets. (iv) "Mezzanine Funds" means funds which include investments in subordinated debt or equity of public owned companies. They combine features typically associated with debt instruments, including current income and covenant protections, with the opportunity to enhance returns through warrants, conversion rights or options. (v) "Buyouts/Acquisitions" means partnerships which provide funding to acquire majority or controlling interests in a business or product lines from either a public or private company. (vi) "Restructuring/Recovery" means investments made in distressed or poorly performing companies, with the intent of initiating a recovery via financial restructuring or the introduction of management expertise. Partnership investments may include debt or equity securities. (vii) "International" means funds that make the majority of their investments by strategy and policy outside of the United States. (viii) "Managed Futures" means the management of contracts involving the obligations to purchase, or deliver, a specified commodity or financial instrument at a specified price at some specific future period. (ix) "Hedge Funds" means partnerships that use investment and risk management skills to seek positive returns regardless of market direction. (x) "Market Neutral Strategies" means investments wherein both long and short positions are taken by the manager, and as long as the long position outperforms the short position, market returns have no bearing on the outcome. (xi) "Subordinated Debt" means a debt obligation that has unsecured junior claims to interest and principal subordinated to ordinary debentures or other debt obligations of the issuing corporation. (xii) "Special Situations" means unusual investment opportunities due to some special development, i.e. a merger, oil discovery, new product development, etc., that is expected to most favorably affect the earnings outlook for the public's psychology with respect to the prospects for a particular company. (xiii) "Venture Capital" means capital that is subject to more than a normal degree of risk, usually associated with a new business or venture, made either directly or indirectly in a commingled fund. (xiv) "Real Estate" means real estate wherever situated and shall include investments in real estate trust. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 418; amended Oct. 26, 2015, No. 7802, §§ 4(c)(1), (2) (A)-(D), (3), (4), (5), (6) (A)-(D), (7)(A)-(E), (8)(A)-(D), (9)(A)-(C), (10), (11)(A), (B), (12)(A)-(C), (13), Sess. L. 2015, p. 164-167; amended May 27, 2016, No. 7880, § 2(a)-(c), Sess. L. 2016, p. 94; amended June 21, 2016, No. 7885, § 4(b), Sess. L. 2016, p. 101; amended Apr. 11, 2024, No. 8822, § 3, Sess. L. 2024, p. -.

(a) The various obligations of the system must be financed in accordance with actuarial reserve requirements from contributions by members, contributions by the employer, interest income, and other income accruing to the system. From time to time, the Board may actuarially calculate the rate of contribution for members and employers of the system. After October 1, 2005, the system may not provide any increases in benefits to members or beneficiaries, unless the administration has identified a specific funding source and concurrently makes a provision for the funding of all future benefit improvements on sound actuarial basis in the annual budget. (b) Each employee who is a member of the Government Employee's Retirement System shall contribute a percentage of compensation as follows: (1) Regular members must pay a rate of 8.5% of his compensation. (2) Any police officer, eligible employee with the Virgin Islands Water and Power Authority, firefighter, including a firefighter or police officer employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, or corrections officer must pay a rate of 10.625% of his compensation. (3) The employer shall contribute an amount paid upon a percentage of employees' compensation of 17.5% after October 1, 2007. (c) The employee contribution must be made in the form of a deduction from compensation, and must be made notwithstanding that the compensation paid in cash to the employee shall be reduced thereby below the minimum prescribed by law. (d) Every employee who is a member of the system shall be deemed to consent to the deduction made from his compensation, and payment to the employee of compensation less the deduction shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by the employee during the period covered by the payment, except as to the benefits provided under this chapter. (e) A computation must be made biannually of the actuarial reserve requirements for the several annuities and benefits provided in this title for members and the beneficiaries for services rendered, and to be rendered, by the members. (f) The employer shall make contributions that, together with the member's contributions and the income of the system, will be sufficient to provide adequate actuarially-determined reserves for the annuities and benefits herein prescribed. (g) The employer shall contribute the amount of its employee's compensation as shall be determined by the Board of Trustees beginning with the first pay period thirty days after the enactment of this chapter. (h) The employer and employee contributions must be paid into the system within ten days of each payroll period. (i) The amounts contributed by the employer on behalf of an employee may not be considered as the employee's contributions for any purpose. (j) The employer shall, in addition to any other contributions and payments to the system required by law, contribute to the system the sums as may be required to compensate the system for the costs of any special early retirement program. The system may refuse to pay any special early retirement entitlement claims if the employer fails to pay the contribution to the special early retirement program. (k) The system may not pay benefits to an employee unless his and the employer's contributions adequately financed benefits and related costs provided under this chapter. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 426; amended Dec. 29, 2006, No. 6905, § 5(14.), Sess. L. 2006, pp. 337, 338; amended Jan. 31, 2014, No. 7580, § 5, Sess. L. 2014, p. 4; amended Dec. 31, 2014, No. 7710, § 7(a), (b), Sess. L. 2014, p. 391, 392; amended Oct. 26, 2015, No. 7802, §§ 4(e) (1)-(3), 6, Sess. L. 2015, p. 167, 169; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

Retirement Any person eligible who elects to participate in the early retirement program shall contribute any additional amounts to the retirement system as required by rules and regulations adopted by the Board with respect to retroactive payments. The Board shall adopt rules and regulations regarding a schedule of additional contributions to be paid by such persons. The schedule may be established so as to take into consideration the reduced amounts of contributions actually made by the employee to the retirement system. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 432.

A retiree who is paid retroactive wages is not subject to payment of any contribution to the System from such retroactive wages. The System shall refund to the retiree any such contribution withheld from the payment of the retroactive wages. History: Added Mar. 17, 2014, No. 7585, § 2, Sess. L. 2014, p. 22.

Notwithstanding any provision of this chapter, participation in any early retirement program is voluntary for eligible employees, as defined in this chapter. Any person eligible for early retirement may elect within one year of eligibility to participate in the regular retirement program with contributions as a percentage of compensation established by law or the Board. If the person eligible for early retirement becomes a participant in the early retirement program, the person shall pay the difference in contributions retroactive to the original date of the person's commencement of employment, the income the System would have earned had the contributions been paid to the System during the period, including interest if paid on installment. The member shall pay to the System the interest on the unpaid balance if the member elects to deposit on an installment basis. If the member elects to pay on an installment basis, the member shall have the maximum of thirty-six months before any retirement benefits are received to pay the contributions and the applicable interest. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 432; amended Mar. 17, 2014, No. 7585, § 2, Sess. L. 2014, p. 22; amended Oct. 26, 2015, No. 7802, § 4(f), Sess. L. 2015, p. 167.

(a) A member who is participating in the early retirement program and subsequently transfers to a position that generally would not qualify him to participate in the early retirement program, he may, if he already has accrued ten years of credited service in the eligible position, continue to contribute at the rates charged to members working in eligible positions, and continued payment of the rates shall qualify him to receive any benefit provided in the early retirement program. (b) A member in a position that does not qualify him as a person eligible for early retirement who is transferred to a position so eligible may elect with one year of eligibility to contribute at the additional rate of compensation for which he shall receive full benefits after twenty years of credited service, if that the employee has been eligible and paying at the higher rate for at least ten years. The employee shall be required at the time he becomes eligible for early retirement or at the time he elects to participate, pursuant to section 767(c) of this chapter, to pay retroactive contributions for credited service to the time he makes the election to pay for the difference between the rates for the time he seeks credit. The member shall pay to the System the contributions, the income the System would have earned had the contributions been paid to the System during the period, and the interest on the unpaid balance. If the member elects to pay on an installment basis, the member shall have the maximum of thirty-six months before any retirement benefits are received to pay the contributions and the applicable interest. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 432; amended Mar. 17, 2014, No. 7585, § 2, Sess. L. 2014, p. 22; amended Oct. 26, 2015, No. 7802, § 4(g)(1), (2), Sess. L. 2015, p. 168.

For the purposes of sections 767a through 767e of this chapter, "persons eligible for early retirement" means a police officer, firefighter, including a firefighter employed by the Virgin Islands Port Authority, Virgin Islands marshals and probation officers of the Superior Court, and correction officers. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 433; amended Mar. 17, 2014, No. 7585, § 1, Sess. L. 2014, p. 22; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

(a) The right of any member or other beneficiary to an annuity, benefit or refund accrues as of the date of enactment of this chapter. (b) Except as otherwise provided, any annuity provided herein is payable for life in equal semi-monthly installments on the fifteenth and last day of each month from the beginning date fixed by the Administrator. (c) An administrative fee may be charged for that portion of the month when the annuity or benefit payment begins after the first day of the month or ends before the last day of the month. (d) No annuity or benefit may be increased, decreased, revoked or repealed, except for error, or where specifically otherwise provided by this chapter. (e) The System may withhold any payment for verification that the member is still entitled to the annuity. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 433; amended Oct. 26, 2015, No. 7802, § 4(h), Sess. L. 2015, p. 168.

(a) Except as specifically provided otherwise in this chapter and subject to subsection (b), the rights of a person to any annuity or benefit or right accrued or accruing to any person under the provision of this chapter and the various monies in the system created by this chapter, are hereby exempted from levy and sale, garnishment, attachment, or any other legal process whatsoever, and are unassignable. (b) Notwithstanding subsection (a) of this section, the rights and benefits provided in this chapter are assignable only pursuant to actions for the support of a child, spouse, or other dependent, as ordered by any court of competent jurisdiction. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 433.

(a) Any member having accumulated unused sick leave at date of retirement is entitled to service credit towards the service retirement annuity to which the member may be entitled. The credit for accumulated unused sick leave is one month for any period of fourteen to twenty-six days inclusive of the leave and one- half month for any period of five to thirteen days inclusive; except that, the credit for accumulated and unused sick leave is one year for any period consisting of 2,080 hours. Less than five days of unused sick leave may not be considered for the credit. (b) Any member seeking to convert his accumulated sick leave to credited service, pursuant to subsection (a) of this section, shall pay to the system the combined rate of contribution for the employer and employee in effect at the time he seeks to have the accumulated sick leave converted to credited service. The member also shall pay to the system interest, as determined by the Board of Trustees, based on information submitted by the system's actuarial consultant. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 434.

(a) [Deleted.] (b) Each person who becomes a member of the Judiciary after the date of enactment of this chapter, who is not a participant by previous appointment, shall automatically become a member of the system and be subject to compensation deductions hereunder, unless within 90 days from the date he becomes a member of the Judiciary, he filed with the Administrator a written notice of election not to participate. (c) Participation in the system on the part of any member of the Judiciary continues until the date he becomes an annuitant, dies, or accepts a refund of his contributions thereto. (d) Notwithstanding the provisions of this chapter, proportionate contributions must be made by each member of the Judiciary who has completed six years of service, if the member elects to receive pension credit for any period for which the member was not covered by the system. However, the proportionate contributions must be made retroactively for the respective period of service, with the contributions being an amount that shall be determined by the Board of Trustees. (e) The rate of contribution to the system on the part of a member of the Judiciary who becomes a member of the system shall be determined by the Board of Trustees. This rate applies to service rendered beginning from the first date the member takes the oath of office as a member of the Superior Court of the Virgin Islands. For purposes of this chapter, service as a member of the Judiciary during any part of a calendar year is deemed to be a year of credited service; provided, that contributions are made for full calendar year. (f) Notwithstanding any other law, the conditions governing eligibility for service retirement for any member of the Judiciary and the amount of the annuity are as stated in this section as follows: (1) For all members of the Judiciary at the time of the effective date of this paragraph, vesting in a service retirement annuity attaches upon completion of one term. Any member is eligible for a judicial annuity beginning at age 50 on a judicial annuity equal to rates determined by the Board of Trustees. For all members of the Judiciary appointed after the effective date of this paragraph, vesting in a service retirement annuity attaches upon completion of ten years of service. Any member is eligible for a judicial annuity beginning at age 55 on a judicial annuity equal to rates determined by the Board of Trustees. (2) In the computation of total credit for prior service or membership service, nine months or more of service constitute one year of service; six to eight months inclusive, constitute three quarters of a year; three to five months inclusive, constitute one half of a year; less than three months constitute one quarter of a year. Not more than one year of service credit may be granted for all service rendered during a fiscal year. Fifteen days or more of service during any month constitute a month of service; five to fourteen days inclusive constitute one half of a month; less than five days inclusive constitutes one quarter of a month. (3) For the purposes of this subsection, the term "compensation" means the highest rate of compensation, received by that member of the Judiciary during his tenure and shall increase only as provided under this chapter. (g) In the case of any member of the Judiciary who becomes separated from service before he completed an aggregate of one term as a member of the Judiciary, the total amount paid by the member, shall upon his application, be returned to him or the judicial service shall be credited to the member's service a[s] provided in the provisions of this chapter. No member of the Judiciary may thereafter receive credit for the service unless he again becomes a member of the Judiciary and pays back into the system the amount so returned. The member shall pay to the system the income the system would have earned had those contributions been paid to the system during the member's separation from service, to include any applicable interest. (h) Nothing contained in this chapter may be construed to prevent any person eligible therefor from simultaneously receiving an annuity computed on the basis of years of service other than as a member of the Judiciary and an annuity computed in accordance with the section; nor may anything contained in this chapter be construed to prevent a member of the Judiciary from receiving, while serving in the Judiciary, an annuity for non judicial service. (i) As used in this section, the term Judiciary means the Judges and magistrate judges of the Superior Court of the Virgin Islands and justices of the Supreme Court of the Virgin Islands. (j) In no case may service other than as a member of the Judiciary be considered service for the purposes of this section, nor may service as a member of the Judiciary be considered service for the purpose other than as specified in this section. (k) [Deleted.] (l) No credited service benefit may be paid to any member of the judiciary until the system has received retirement contributions payments from the employer and employee. History: Added Nov. 2, 2005, No. 6794, § 29, Sess. L. 2005, p. 434; amended May 19, 2006, No. 6839, § 24, Sess. L. 2006, p. 78; amended Dec. 6, 2013, No. 7574, § 1(a), Sess. L. 2013, p. 280; amended Oct. 26, 2015, No. 7802, § 4(i)(1)(A), (B), (2), Sess. L. 2015, p. 168; amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

(a) The Supplemental Contributions Program is hereby established to be a defined contribution plan pursuant to Title 26, Section 414, subsection (i) United States Code. This program shall operate solely at the option of the participants and shall in no way obligate employers for lifetime annuity payments to participating employees of their beneficiaries. (b) This chapter establishes a new program, and defines the Supplemental Contributions Program. (c) The Supplemental Contributions Program Fund is established as a special trust fund in the Treasury of the Government of the Virgin Islands to accept participant contributions to the plan. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, p. 341.

The design and administration of the Supplemental Contributions Program must conform to the applicable provisions of Title 26 of the United States Code and the Internal Revenue Code. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, p. 341.

If any provision of this chapter or application thereof to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application by a court of competent jurisdiction, and to this end the provisions of this chapter are severable. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, p. 341.

(a) "Account" means the account maintained with respect to the participant which reflects the aggregate value of the following amounts credited to the participants: (1) Employee after-tax contributions to the plan. (2) Net earnings of the Supplemental Contributions Program allocable to the participant. (3) Any amount credited to the participant's account by reason of a transfer from another plan or arrangement in accordance with applicable laws. (b) "Board" means the Board of Trustees of the Government Employees Retirement System. (c) "Compensation" means the total amount paid to an employee for a plan year as required to be reported on the employee's Internal Revenue Service form W-2 for income tax withholding purposes. This amount includes employee contributions picked up by the employer under Title 26, Section 414, subsection (h), paragraph (2) of the United States Code; and any amounts deducted by the employer from the participant's salary, including deductions for tax-deferred retirement plans or insurance programs; deductions for participation in a tax-sheltered annuity within the meaning of Title 26, Section 403(b), of the United States Code; deductions for participation in an eligible deferred compensation plan within the meaning of Title 26, Section 457 of the United States Code; and deductions for participation in a plan that meets the requirements of Title 26, Section 125 or Section 401, subsection (k) of the United States Code. (d) "Disability" means disability of permanent or extended and uncertain duration, as determined by the Board. (e) "Early retirement age" means the age at which the participant attains age 50 or qualifies for early retirement under the provisions of this title. (f) "Eligible employee" means: (1) Any person employed by the Government of the Virgin Islands and its instrumentalities or autonomous agencies. (2) Any legislators as defined pursuant to sections 714 and 763. (3) Any justice or judge, as defined in section 733. The Board shall determine when the members of the system or a contracting agency shall become eligible employees. (g) "Employee contribution" means the amount contributed by the participating employee to his or her account in the plan. (h) "Fund" means the Supplemental Contributions Program Fund. (i) "Net earnings" means the income earned, or losses incurred, on the Supplemental Contributions Program Fund, less the cost of administering the plan. (j) "Participant" means an eligible employee who has contributions credited under the plan. (k) "Plan" means the Supplemental Contributions Program. (l) "Plan year" means the 12-month period commencing on any January 1 and ending on the following December 31. (m) "Retirement" means termination of all employment for the employer and completion of all conditions precedent to receiving a distribution for retirement. (n) "System" means the Government Employees Retirement System. (o) "Termination" means termination of employment by reason of separation from all service for all employees that participate in the system. (p) "Valuation date" means the date as of which the assets of the fund are valued. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, pp. 341-343.

(a) Except as provided in this chapter, the Board shall administer the plan in conformity with its powers and duties for administration of the system as set forth in section 715 of this chapter. The Board shall, to the extent that it determines feasible, establish the procedures for the administration of this program. (b) The Board may retain a third-party administrator to perform investment management, record keeping, customer service, or other plan administration services and the expenses associated with such retention shall be paid from the fund. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, p. 343.

(a) The Board shall adopt rules and regulations embodying the material terms and conditions of the plan consistent with this chapter and the applicable provisions of Title 26 of the United States Code. (b) The Board may, as it considers necessary or appropriate, amend the plan consistent with this chapter and the applicable provisions of Title 26 of the United States Code. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, pp. 343, 344.

(a) With regard to the plan, the board may not engage in any transaction prohibited by Title 26, Section 503, subsection (b) of the United States Code. (b) The Board may require a third-party administrator, record keeper, custodian, or investment manager that is contracted with, or appointed by, the system to be subject to the duties set forth in subsection (a) of this section. (c) The Board shall have control of the investment of the assets of the fund. (d) Notwithstanding any other provision of law, the Board may retain a bank or trust company to serve as a custodian for safekeeping, record keeping, delivery, securities valuation, investment performance reporting, or other services in connection with investment and administration of the fund. (e) All monies in the fund are annually appropriated, without regard to fiscal years or plan years, to the Board to carry out the purposes of this chapter. (f) The assets of the fund must be valued annually, and may be valued more frequently as prescribed by the Board. (g) Any person who is an eligible employee may elect, in a manner prescribed by the Board, to participate in the plan. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, p. 344.

(a) Employee contributions to the plan are made solely at the option of the participant. (b) Employee contributions may be made directly by the participant to the plan on a periodic basis as specified by the Board, or may be withheld from the employee's compensation after taxes and submitted by the employer through payroll deduction. (c) The Board shall establish the minimum contribution amount. (d) Notwithstanding any other provision of law to the contrary, contributions to the plan are subject to the applicable limitations imposed by Title 26, Section 415 of the United States Code, as that section may be amended from time to time and as these limits may be adjusted by the Commissioner of the Internal Revenue Service. (e) Notwithstanding any other provision of law to the contrary, the amount of compensation that is taken into account in determining the allocations to each participant's account under the plan may not exceed the applicable annual compensation limitations prescribed by Title 26, Section 401, subsection (9a) [sic], paragraph (17) of the United States Code, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of the Internal Revenue Service. (f) The plan must provide for the return of excess annual additions and the gain attributable thereto in accordance with Title 26, Section 415 of the United States Code. In the event a participant participates in more than one plan of the employer, any annual additions shall be deemed to consist first of annual additions to this plan. (g) There are no employer contributions to the plan. (h) There are no employer payment of participant contributions on behalf of a participant in accordance with Title 26, Section 414, subsection (h), paragraph (2) of the United States Code. (i) Contributions made by the participant to the plan must be credited to the participant's account. (j) In the case of a contribution that is made under a mistake of fact, nothing in this part may prohibit the return of that contribution to the participant within one year after discovery of the mistake. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, pp. 344, 345.

(a) The net earnings of the fund must be allocated to the participant's account as of each valuation date. (b) The value of each participant's account must be determined at least once annually in a manner prescribed by the Board. (c) A participant shall receive a statement that displays the value, or balance, of the participant's account and summarizes any credits to the account or other transactions. (d) A participant has a vested right to one hundred percent of the value of the participant's account. The right accrues when the person becomes a participant. (e) The right of a participant to allocations to the participant's account is not subject to execution or any other process whatsoever, except to the extent permitted by this chapter, and is unassignable except as specifically provided under this chapter. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, pp. 345, 346.

(a) The participant may designate any person or persons as beneficiaries to receive any amount that may be payable upon the death of the participant pursuant to the provisions of this chapter. The beneficiary or beneficiaries must be designated on a form prescribed by the board, signed by the participant, and delivered to a plan representative prior to the participant's death. (b) The participant's beneficiary designation shall not be given effect and shall be overridden to the extent that such a designation would impair the rights of any surviving spouse under applicable federal, state or territorial law. (c) Unless otherwise provided in the beneficiary designation form, each designated beneficiary shall be entitled to equal shares of the lump sum distribution that may be payable from the participant's account upon the death of the participant. (d) In the event the participant dies without a valid beneficiary designation on file, any balance remaining in the participant's account shall be payable to the participant's survivors in the following order: (1) The participant's spouse. (2) The participant's natural or adopted children. (3) The participant's parents. (4) The participant's estate. (e) Upon receipt of proof of a participant's death. The beneficiary or beneficiaries shall be entitled to a death benefit that is a lump sum distribution of the balance remaining in the participant's account. (f) If the participant died prior to termination of employment or distribution of all of the contributions and earnings credited to the participant's account, lump sum distribution shall be an amount that is equal to the balance remaining in the participant's account. (g) Application for the distribution shall be made on an application form and in the manner prescribed by the board. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, pp. 346, 347.

(a) Upon termination for any reason other than death, disability, or retirement, a participant is entitled to a lump sum distribution of the balance of the participant's account within a reasonable time following the valuation date immediately following the date of the application. (b) Application for a distribution for termination of employment shall be made on a distribution request form and in the manner prescribed by the Board. (c) All employers with which the participant is employed as a member of the system shall certify on a form prescribed by the board that the participant's employment has terminated. (d) Upon termination, a participant may apply for a distribution for retirement, provided the retirement date is no earlier than the date on which the participant attains the early retirement age pursuant to the provisions of this chapter. The retirement benefit is a distribution of the balance of the participant's account within a reasonable time following the valuation date immediately following the date of the application. (e) Application for a distribution for retirement shall be made on a distribution request form and in the manner prescribed by the board. (f) All employers with which the participant is employed as a member of the system, shall certify on a form prescribed by the Board that the participant's employment has terminated because of retirement. (g) Upon termination, a participant may apply for a distribution for disability. A distribution for disability shall become payable only upon a determination by the board that the participant has a disability of permanent or extended and uncertain duration. The disability benefit is a distribution of the balance of the participant's account within a reasonable time following the valuation date immediately following the date of the application. (h) Application for a distribution for disability shall be made on a distribution request form and in the manner prescribed by the board. (i) All employers with which the participant is employed as a member of the system shall certify on a form prescribed by the board that the participant's employment has terminated because of disability. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, pp. 347, 348.

(a) Any participant who is entitled to a distribution may elect to receive the distribution in either of the following forms: (1) A single lump sum payment. (2) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the participant. (b) Any beneficiary who is entitled to a distribution may elect to receive the distribution in either of the following forms. (1) A single lump sum payment. (2) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the beneficiary. (c) Notwithstanding any other provision of this chapter, a participant or beneficiary shall not be permitted to elect a distribution under this chapter that [does] not satisfy the requirements of Title 26, Section 401, subsection (a), paragraph (9) of the United States Code, including the incidental death benefit requirements of title 26, Section 401, subsection (a), paragraph (9), subparagraph (g) of the United States Code and the regulations thereunder. The required beginning date of distributions that reflect the entire interest of the participant shall be as follows: (1) In the case of a lump sum distribution to the participant, the lump sum payment shall be made not later than April 1 of the calendar year following the later of the calendar year in which the participant attains the age of 70 1/2 years or the calendar year in which the participant terminates employment. (2) In the case of a distribution to the participant in the form of periodic payments, payment shall begin not later than April l of the calendar year following the later of the calendar year in which the participant attains the age of 70 1/2 years or the calendar year in which the participant terminates employment. (3) In the case of a benefit payable on account of the participant's death after distributions to the participant have commenced in the form of periodic payments, the remainder of the participant's account shall be distributed at least as rapidly as if the participant had not died. (4) In the case of a benefit payable on account of the participant's death before distributions to the participant have commenced, distributions shall be paid no later than December 31 of the calendar year in which the fifth anniversary of the participant's date of death occurs unless the benefit is paid over a period not extending beyond the life expectancy of the beneficiary and distributions commence not later than December 31 of the calendar immediately following the calendar year in which the participant died, or in the event that the beneficiary is the participant's spouse, distributions must commence on or before the later of either: (i) December 31 of the calendar year immediately following the calendar year in which the participant dies. (ii) December 31 of the calendar year, in which the participant would have attained the age of 70 1/2 years. (d) Distributions from the plan shall be made as soon as practicable after the first valuation date immediately following the date of request for distribution calculated based upon the valuation date immediately preceding the distribution. (e) Notwithstanding any other law to the contrary, the death benefit payable under the plan may be requested by the beneficiary and paid as soon as practicable following receipt of proof of the participant's death. (f) If a person becomes entitled to a distribution from the plan that constitutes an eligible rollover distribution within the meaning of Title 26, Section 401, subsection (a), paragraph (31) of the United States Code, the person may elect under terms and conditions established by the board to have the eligible rollover distribution or a portion thereof paid directly to a plan that constitutes an eligible retirement plan within the meaning of Section 401, subsection (a), paragraph (31), as specified by that person. Upon the exercise of the election by a person with respect to a distribution or a portion thereof, the distribution by the plan of the amount so designated, once distributable under the terms of the plan, shall be made in the form of a direct rollover to the eligible retirement plan so specified. (g) Notwithstanding any other provision of this chapter, a participant may, at any time, in writing, authorize the Board to apply any or all of the participant's account to payment of any contributions required as a member of the system or payable to the system at the option of the member pursuant to any provision of this chapter, except normal monthly contributions required by this chapter. Any distribution or transfer made pursuant to this subsection shall comply with the applicable provisions of Title 26 of the United States Code. (h) Except as otherwise provided in this chapter, all distributions shall be made directly from the fund to the participant or beneficiary. To the extent required by federal or territorial law, income and other taxes shall be withheld from each distribution, and the payment shall be reported to the appropriate governmental agency or agencies. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, pp. 348-350.

(a) The plan's obligations to a participant, beneficiary, or nonparticipant spouse who elected a lump sum distribution cease upon distribution of the lump sum benefit. (1) Deposit in the United States mail of a warrant drawn in favor of the participant, beneficiary, or nonparticipant spouse and addressed to the latest address on file for that person constitutes distribution of the benefit. (2) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant, beneficiary, or nonparticipant spouse constitutes distribution of the benefit. (3) If the participant, beneficiary, or nonparticipant spouse has elected on a form prescribed by the Board to transfer all or a specific portion of the account that is eligible for a direct trustee-to-trustee under Title 26, Section 401, subsection (a), paragraph (31) of the United States Code to the trustee of a qualified plan under Title 26, Section 401 of the [United] States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes distribution of the benefit. (b) The plan's obligations to a participant or beneficiary who elected to receive a benefit in the form of partial distributions cease upon distribution of the final payment. (1) Deposit in the United States mail of a warrant drawn in favor of the participant, beneficiary, or nonparticipant spouse and addressed to the latest address on file for that person constitutes distribution of the benefit. (2) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant, beneficiary, or nonparticipant spouse constitutes distribution of the benefit. (c) Distribution under subsections (a) or (b) pursuant to the Board's determination in good faith of the existence, identity, or other facts relating to entitlement of persons constitutes a complete discharge and release of the Board, system and plan from liability for payments. History: Added Dec. 29, 2006, No. 6905, § 7, Sess. L. 2006, pp. 350, 351.

(a) The Lieutenant Governor may appoint and commission not more than 600 notaries public for the Virgin Islands, exclusive of notaries public ex officio and members of the Virgin Islands Bar, who shall hold office for a period of four years. The Executive Secretary of the Legislature of the Virgin Islands shall be granted a commission by the Lieutenant Governor as a notary public ex officio. Each official court reporter and assistant court reporter to the Superior Court of the Virgin Islands and the District Court of the Virgin Islands, each official reporter of the Legislature of the Virgin Islands, and the Registrar and Deputy Registrars of Vital Statistics of the Department of Health shall be granted commissions by the Lieutenant Governor as notaries public ex officio. Any person admitted to practice law in the Virgin Islands as a member of the Virgin Islands Bar shall upon application and a showing of his membership be issued a commission for a period of four years. (b) The Lieutenant Governor may increase the fees in sections 778 and 831 after a 180-day public notice and comment period. History: Amended Feb. 20, 1964, No. 1077, § 1, Sess. L. 1964, p. 21; Apr. 6, 1964, No. 1184, Sess. L. 1964, p. 197; July 2, 1965, No. 1485, Sess. L. 1965, Pt. I, p. 379; May 4, 1967, No. 1954, § 1, Sess. L. 1967, p. 189; May 8, 1968, No. 2196, Sess. L. 1968, Pt. I, p. 494; Jan. 6, 1971, No. 2912, §§ 1, 2, Sess. L. 1970, p. 397; Apr. 29, 1974, No. 3558, Sess. L. 1974, p. 86; Sept. 6, 1978, No. 4198, Sess. L. 1978, p. 216; Oct. 25, 1978, No. 4239, § 1, Sess. L. 1978, p. 272; Oct. 20, 1981, No. 4650, § 2, Sess. L. 1981, p. 267; Feb. 11, 1986, No. 5143, § 1(1), Sess. L. 1986, p. 20; amended Oct. 4, 2022, No. 8542, § 2(1), Sess. L. 2022, p. 52.

(a) (1) In addition to the notaries public appointed under section 771, the Lieutenant Governor may authorize and empower, subject to section 831(b), special notaries, who are employees of the Government of the Virgin Islands to take acknowledgments of deeds and administer oaths and affirmations on matters of official business of the Government of the Virgin Islands. (2) At least two special notaries public must be appointed under this section for each government agency whether independent or semi-autonomous. (3) (A) The special notaries must be appointed and commissioned as government notaries ex officio with terms of office at the pleasure of the Lieutenant Governor. (B) The term of office for special notaries automatically expires every four years to coincide with the swearing in of a Lieutenant Governor. (b) Special notaries appointed and commissioned under this section may not charge a fee for their notarial services and are not permitted to take acknowledgments of deeds and administer oaths and affirmations except on matters of official business of the Government of the Virgin Islands. (c) Notwithstanding 3 V.I.C. § 831, the special notaries appointed and commissioned under this section are not required to pay license fees, or to give a bond. (d) The special notaries appointed and commissioned under this section are prohibited from simultaneously holding a notary commission under section 771. History: Added Oct. 4, 2022, No. 8542, § 2(2), Sess. L. 2022, p. 52.

History: Repealed. Oct. 4, 2022, No. 8542, § 3, Sess. L. 2022, p. 53.

History: Repealed. Oct. 4, 2022, No. 8542, § 3, Sess. L. 2022, p. 53.

History: Repealed. Oct. 4, 2022, No. 8542, § 3, Sess. L. 2022, p. 53.

History: Repealed. Oct. 4, 2022, No. 8542, § 3, Sess. L. 2022, p. 53.

History: Repealed. Oct. 4, 2022, No. 8542, § 3, Sess. L. 2022, p. 53.

(a) Notaries public may take acknowledgments of deeds and other instruments, administer oaths and affirmations, and perform such other acts as may be authorized by law. (b) No notary public may serve as both a subscribing witness and the notary public on a deed or other document of conveyance. A notarial act performed in violation of this subsection is void and must be rejected by the Recorder of Deeds. History: Amended Feb. 11, 1986, No. 5143, § 1(8), Sess. L. 1986, p. 23; amended Oct. 4, 2022, No. 8542, § 2(3), Sess. L. 2022, p. 52.

(a) Each notary public may charge and retain a fee not to exceed $5.00 for each document notarized or for each time his or her seal is affixed to a document; but a notary public may not charge a fee that exceeds $15 for each document notarized or for each time the notary public's seal is affixed to a document for notarial acts performed under 3 V.I.C. § 824. (b) A fee of $5.00 shall be collected by the office of the Lieutenant Governor for providing certificates of authenticity for documents to be sent out of the Territory or when such certificates are otherwise required. History: Amended Feb. 11, 1986, No. 5143, § 1(9), Sess. L. 1986, p. 23; amended Oct. 4, 2022, No. 8542, § 2(4), Sess. L. 2022, p. 52.

History: Repealed. Oct. 4, 2022, No. 8542, § 3, Sess. L. 2022, p. 53.

History: Repealed. Oct. 4, 2022, No. 8542, § 3, Sess. L. 2022, p. 53.

History: Repealed. Oct. 4, 2022, No. 8542, § 3, Sess. L. 2022, p. 53.

History: Repealed. Oct. 4, 2022, No. 8542, § 3, Sess. L. 2022, p. 53.

History: Repealed. Oct. 4, 2022, No. 8542, § 3, Sess. L. 2022, p. 53.

This subchapter may be cited as the Virgin Islands Revised Uniform Law on Notarial Acts (2022). History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 31.

In this subchapter: (1) "Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record. (2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (3) "Electronic signature" means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record. (4) "In a representative capacity" means acting as: (A) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual; (B) a public officer, personal representative, guardian, or other representative, in the capacity stated in a record; (C) an agent or attorney-in-fact for a principal; or (D) an authorized representative of another in any other capacity. (5) "Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. (6) "Notarial officer" means a notary public or other individual authorized to perform a notarial act by the Lieutenant Governor of the Virgin Islands, whose position, role and duties are equivalent to those of Secretary of State. (7) "Notary public" means an individual commissioned to perform a notarial act by the Lieutenant Governor. (8) "Official stamp" means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. (9) "Other law" means the law of the Virgin Islands other than this subchapter (3 V.I.C. chapter 29, subchapter III). (10) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (11) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (12) "Sign" means, with present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate with the record an electronic symbol, sound, or process. (13) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record. (14) "Stamping device" means: (A) a physical device capable of affixing to or embossing on a tangible record an official stamp; or (B) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp. (15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (16) "Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 31, 32.

This subchapter applies to a notarial act performed on or after the effective date of this subchapter. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 32.

(a) A notarial officer may perform a notarial act authorized by this subchapter or by other law. (b) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse, or civil partner, is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable. (c) A notary public may certify a copy of an original document only after the notary public determines that the copy is a full, true, and accurate transcription or reproduction of the original document. (d) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 32, 33.

(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual. (b) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual. (c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed. (d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item. (e) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in 11A V.I.C. § 3-505. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 33.

If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 33.

(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (b) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual: (1) by means of: (A) a passport, driver's license, or government-issued nondriver identification card, which is current or expired not more than one year before performance of the notarial act; or (B) another form of government identification issued to an individual, which is current or expired not more than one year before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or (2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver's license, or government-issued nondriver identification card, which is current or expired not more than one year before performance of the notarial act. (c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 33, 34.

(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: (1) the individual executing the record is competent or has the capacity to execute the record; or (2) the individual's signature is knowingly and voluntarily made. (b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by other law. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 34.

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 34.

(a) A notarial act may be performed in the Virgin Islands by: (1) a notary public of the Virgin Islands; (2) a judge, clerk, or deputy clerk of a court of the Virgin Islands; (3) an individual licensed to practice law in the Virgin Islands; or (4) any other individual authorized to perform the specific act by the Virgin Islands. (b) The signature and title of an individual performing a notarial act in the Virgin Islands are prima facie evidence that the signature is genuine and that the individual holds the designated title. (c) The signature and title of a notarial officer described in subsection (a)(1), (2), or (3) conclusively establish the authority of the officer to perform the notarial act. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 34, 35.

(a) A notarial act performed in another state has the same effect under the law of the Virgin Islands as if performed by a notarial officer of the Virgin Islands, if the act performed in that state is performed by: (1) a notary public of that state; (2) a judge, clerk, or deputy clerk of a court of that state; or (3) any other individual authorized by the law of that state to perform the notarial act. (b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title. (c) The signature and title of a notarial officer described in subsection (a)(1) or (2) conclusively establish the authority of the officer to perform the notarial act. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 35.

(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of the Virgin Islands, if the act performed in the jurisdiction of the tribe is performed by: (1) a notary public of the tribe; (2) a judge, clerk, or deputy clerk of a court of the tribe; or (3) any other individual authorized by the law of the tribe to perform the notarial act. (b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title. (c) The signature and title of a notarial officer described in subsection (a)(1) or (2) conclusively establish the authority of the officer to perform the notarial act. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 35.

(a) A notarial act performed under federal law has the same effect under territorial law as if performed by a notarial officer of the Territory, if the act performed under federal law is performed by: (1) a judge, clerk, or deputy clerk of a court; (2) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law; (3) an individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or (4) any other individual authorized by federal law to perform the notarial act. (b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title. (c) The signature and title of an officer described in subsection (a)(1), (2), or (3) conclusively establish the authority of the officer to perform the notarial act. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 35, 36.

(a) In this section, "foreign state" means a government other than the United States, a state, or a federally recognized Indian tribe. (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of the Virgin Islands as if performed by a notarial officer of the Virgin Islands. (c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established. (d) The signature and official stamp of an individual holding an office described in subsection (c) are prima facie evidence that the signature is genuine and the individual holds the designated title. (e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. (f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 36.

(a) In this section: (1) "Communication technology" means an electronic device or process that: (A) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (B) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment. (2) "Foreign state" means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe. (3) "Identity proofing" means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources. (4) "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States. (5) "Remotely located individual" means an individual who is not in the physical presence of the notary public who performs a notarial act under subsection (c). (b) A remotely located individual may comply with section 815 by using communication technology to appear before a notary public. (c) A notary public located in the Virgin Islands may use communication technology to perform a notarial act for a remotely located individual if: (1) the notary public: (A) has personal knowledge under section 816(a) of the identity of the remotely located individual; (B) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under section 816(b) or this section; or (C) has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing; (2) the notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature; (3) the notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act; and (4) for a remotely located individual located outside the United States: (A) the record: (i) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and (B) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located. (d) A notary public located in the Virgin Islands may use communication technology under subsection (c) to take an acknowledgment of a signature on a tangible record physically present before the notary public if the record is displayed to and identified by the remotely located individual during the audio-visual recording under subsection (c)(3). (e) The requirement under subsection (c)(2) for the performance of a notarial act with respect to a tangible record not physically present before the notary public is satisfied if: (1) the remotely located individual: (A) during the audio-visual recording under subsection (c)(3), signs: (i) the record; and (ii) a declaration, in substantially the following form, that is part of or securely attached to the record: I declare under penalty of perjury that the record of which this declaration is a part or to which it is attached is the same record on which (name of notary public), a notary public, performed a notarial act and before whom I appeared by means of communication technology on (date). Signature of remotely located individual Printed name of remotely located individual; and (B) sends the record and declaration to the notary public not later than three days after the notarial act was performed; and (2) the notary public: (A) in the audio-visual recording under subsection (c)(3), records the individual signing the record and declaration; and (B) after receipt of the record and declaration from the individual, executes a certificate of notarial act under section 825, which must include a statement in substantially the following form: I (name of notary public) witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date). (f) A notarial act performed in compliance with subsection (e) complies with section 825(a)(1) and is effective on the date the remotely located individual signed the declaration under subsection (e)(l)(A)(ii). (g) Subsection (e) does not preclude use of another procedure to satisfy subsection (c)(2) for a notarial act performed with respect to a tangible record. (h) A notary public located in the Virgin Islands may use communication technology under subsection (c) to administer an oath or affirmation to a remotely located individual if, except as otherwise provided by other territorial law, the notary public: (1) identifies the individual under subsection (c)(1); (2) creates or causes the creation under subsection (c)(3) of an audio-visual recording of the individual taking the oath or affirmation; and (3) retains or causes the retention under subsection (k) of the recording. (i) If a notarial act is performed under this section, the certificate of notarial act under section 825 and the short-form certificate under section 826 must indicate that the notarial act was performed using communication technology. (j) A short-form certificate under section 826 for a notarial act subject to this section is sufficient if it: (1) complies with rules adopted under subsection (m)(1); or (2) is in the form under section 826 and contains a statement in substantially the following form: "This notarial act involved the use of communication technology." (k) A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audio-visual recording created under subsection (c)(3) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by regulation adopted under subsection (m)(4), the recording must be retained for at least five years. (l) Before a notary public performs the notary public's initial notarial act under this section, the notary public must notify the Office of the Lieutenant Governor that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the Office of the Lieutenant Governor has established standards under subsection (m) and section 836 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards. (m) In addition to adopting regulations under section 836, the Office of the Lieutenant Governor may adopt regulations regarding performance of a notarial act under this section. The rules may: (1) prescribe the means of performing a notarial act involving a remotely located individual using communication technology; (2) establish standards for communication technology and identity proofing; (3) establish requirements or procedures to approve providers of communication technology and the process of identity proofing; (4) establish standards and a period for the retention of an audio-visual recording under subsection (c) (3); and (5) prescribe methods for a notary public to confirm under subsections (d) and (e) the identity of a tangible record. (n) Before adopting, amending, or repealing a regulation governing performance of a notarial act with respect to a remotely located individual, the Office of the Lieutenant Governor must consider: (1) the most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State; (2) standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and (3) the views of governmental officials and entities and other interested persons. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 37-40.

(a) A notarial act must be evidenced by a certificate. The certificate must: (1) be executed contemporaneously with the performance of the notarial act; (2) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Office of the Lieutenant Governor; (3) identify the jurisdiction in which the notarial act is performed; (4) contain the title of office of the notarial officer; and (5) if the notarial officer is a notary public, indicate the date of expiration, if any, of the officer's commission. (b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsection (a)(2), (3), and (4), an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection (a)(2), (3), and (4), an official stamp may be attached to or logically associated with the certificate. (c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) and: (1) is in a short form set forth in section 826; (2) is in a form otherwise permitted by law of the Virgin Islands; (3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or (4) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 814, 815, and 816 or other law. (d) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 813, 814, and 815. (e) A notarial officer may not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed. (f) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the Office of the Lieutenant Governor has established standards pursuant to section 836 for attaching, affixing, or logically associating the certificate, the process must conform to the standards. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 41, 42.

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 825(a) and (b): (1) For an acknowledgment in an individual capacity: State of ____________________ [County] of ____________________ This record was acknowledged before me on Date by Name(s) of individual(s) Signature of notarial officer Stamp [____________________] Title of office [My commission expires: ____________________] (2) For an acknowledgment in a representative capacity: State of ____________________ [County] of ____________________ This record was acknowledged before me on Date by Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). Signature of notarial officer Stamp [____________________] Title of office [My commission expires: ____________________] (3) For a verification on oath or affirmation: State of ____________________ [County] of ____________________ Signed and sworn to (or affirmed) before me on Date by Name(s) of individual(s) making statement Signature of notarial officer Stamp [____________________] Title of office [My commission expires: ____________________] (4) For witnessing or attesting a signature: State of ____________________ [County] of ____________________ Signed [or attested] before me on Date by Name(s) of individual(s) Signature of notarial officer Stamp [____________________] Title of office [My commission expires: ____________________] (5) For certifying a copy of a record: State of ____________________ [County] of ____________________ I certify that this is a true and correct copy of a record in the possession of ____________________. Dated ____________________ Signature of notarial officer Stamp [____________________] Title of office [My commission expires: ____________________] History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 42, 43.

The official stamp of a notary public must: (1) include the notary public's name, jurisdiction, commission expiration date, and other information required by the Office of the Lieutenant Governor; and (2) be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 43, 44.

(a) A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act. (b) (1) Upon the suspension of a notary public's commission, the notary public shall deposit the notary public's stamping device with the Office of the Lieutenant Governor, in the judicial division of the notary public's residence, for the term of the suspension. (2) Upon the expiration, resignation, or revocation of a notary public's commission, the notary public shall deposit the notary public's stamping device with the Office of the Lieutenant Governor, in the judicial division of the notary public's residence. The Lieutenant Governor shall make an impression of such seal and keep such impression with the records of the notary public. (c) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall deposit the notary public's stamping device with the Office of the Lieutenant Governor in the judicial division of the notary public's residence. (d) If a notary public's stamping device is lost or stolen, the notary public or the notary public's personal representative or guardian shall notify the Office of the Lieutenant Governor promptly on discovering that the device is lost or stolen. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 44.

(a) A notary public, other than an individual licensed to practice law in the Virgin Islands, shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal. (b) A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only one journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the Office of the Lieutenant Governor. (c) An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information: (1) the date and time of the notarial act; (2) a description of the record, if any, and type of notarial act; (3) the full name and address of each individual for whom the notarial act is performed; (4) if identity of the individual is based on personal knowledge, a statement to that effect; (5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential; (6) the fee, if any, charged by the notary public; and (7) any other information as the Lieutenant Governor may, by regulation, determine necessary. (d) (1) Upon the suspension of a notary public's commission, the notary public shall deposit the notary public's journal with the Office of the Lieutenant Governor, in the judicial division of the notary public's residence, for the term of the suspension. (2) Upon the expiration, resignation, or revocation of a notary public's commission, the notary public shall deposit the notary public's journal with the Office of the Lieutenant Governor, in the judicial division of the notary public's residence. The Lieutenant Governor shall make an impression of such seal and keep such impression with the records of the notary public. (e) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the notary public's journal shall deposit the notary public's journal with the Office of the Lieutenant Governor in the judicial division of the notary public's residence. (f) If a notary public's journal is lost or stolen, the notary public or the notary public's personal representative or guardian shall notify the Office of the Lieutenant Governor promptly on discovering that the journal is lost or stolen. (g) The Lieutenant Governor may inspect the journal of any notary public at any time. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 44, 45.

Record; Selection of Technology; Acceptance of Tangible Copy of Electronic Record (a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. (b) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the Office of the Lieutenant Governor that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the Office of the Lieutenant Governor has established standards for approval of technology pursuant to section 796, the technology must conform to the standards. If the technology conforms to the standards, the Office of the Lieutenant Governor shall approve the use of the technology. (c) The Recorder of Deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 46.

Benefit (a) An individual qualified under subsection (b) may apply to the Office of the Lieutenant Governor for a commission as a notary public. The applicant shall comply with and provide the information required by regulations established by the Office of the Lieutenant Governor and pay any application fee. (b) An applicant for a commission as a notary public must: (1) be at least 21 years of age; (2) be a graduate of an accredited high school or have passed the high school equivalency test; (3) be a citizen or permanent legal resident of the United States; (4) be a resident of or have a place of employment or practice in the Virgin Islands; (5) be able to read and write English; and (6) not be disqualified to receive a commission under section 832. (c) (1) Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the Office of the Lieutenant Governor. (2) Before a notary public performs any notarial act, the notary public shall obtain and read a copy of all current statutes and any regulations and directives issued by the office of the Lieutenant Governor. (d) Each notary public shall pay to the Treasury of the Virgin Islands an initial fee of $100 for the commission and thereafter, on January 1 of each year, an annual fee of $25. Upon failure to pay the annual fee, the Lieutenant Governor shall, after giving the notary public 30 calendar days' notice of the intention to do so, cancel such appointment. (e) Each notary public shall execute a bond in favor of the Government of the Virgin Islands, in the sum of $5,000, from any insurance/bonding company authorized to do business in the Virgin Islands, or submit two resident sureties who are owners, within the Virgin Islands, of real property with the value of $10,000 over and above encumbrances thereon which must be approved by the Chief Justice of the Supreme Court; provided that the Chief Justice of the Supreme Court shall notify the Office of the Lieutenant Governor and the applicant of the approval of the bond. (f) Each notary public, upon the approval of notary public's bond and after having taken the official oath, shall transmit such bond and oath, signed by the notary public, to the Office of the Lieutenant Governor, whereupon the Lieutenant Governor may issue a commission. (g) Each notary public and the sureties on the notary public's bond are liable for all the damages sustained by a party injured by the official misconduct or neglect of that notary public. (h) (1) A notary public may, at the expiration notary public's term of office, apply for a renewal of the commission by the filing of an application accompanied with a new bond and a renewal fee of $75, and such application, if all other qualifications are in order and the requirements in paragraph paragraph (2)fied, must be given priority over other applications if it is postmarked no later than 60 days after the term ends. (2) In addition to satisfying the requirements contained in paragraph (1), notaries public seeking renewal of their commission shall also deposit their notary public journal and stamping device with the Office of the Lieutenant Governor in the judicial division of the notary public's residence. (i) A notary public who fails to timely apply for a renewal must be notified and a determination made regarding the notary public's desire to apply for renewal of the commission. (j) On compliance with this section, and subject to 3 V.I.C. § 771, the Office of the Lieutenant Governor shall issue a commission as a notary public to an applicant for a term of 4 years. (k) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of the Virgin Islands on public officials or employees. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 46-48.

Conditioned Commission of Notary Public (a) The Office of the Lieutenant Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including: (1) failure to comply with this subchapter; (2) a fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Office of the Lieutenant Governor; (3) a conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit; (4) a finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit; (5) failure by the notary public to discharge any duty required of a notary public, whether by this subchapter, regulations of the Office of the Lieutenant Governor, or any federal or Virgin Islands law; (6) use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have; (7) violation by the notary public of a rule of the Office of the Lieutenant Governor regarding a notary public; or (8) denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state. (b) If the Office of the Lieutenant Governor denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to notice of the decision not later than 10 days after the Lieutenant Governor's determination, and the right to appear to be heard in person or in writing before the decision is final. The decision of the Lieutenant Governor after hearing is final; but the aggrieved person shall have the right to appeal the final decision of the Lieutenant Governor to the Superior Court of the Virgin Islands. (c) The authority of the Office of the Lieutenant Governor to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 48, 49.

The Office of the Lieutenant Governor shall maintain an electronic database of notaries public: (1) through which a person may verify the authority of a notary public to perform notarial acts; and (2) which indicates whether a notary public has notified the Office of the Lieutenant Governor that the notary public will be performing notarial acts on electronic records. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 49.

(a) A commission as a notary public does not authorize an individual to: (1) assist persons in drafting legal records, give legal advice, or otherwise practice law; (2) act as an immigration consultant or an expert on immigration matters; (3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or (4) receive compensation for performing any of the activities listed in this subsection. (b) A notary public may not engage in false or deceptive advertising. (c) A notary public, other than an attorney licensed to practice law in the Virgin Islands, may not use the term "notario" or "notario publico". (d) A notary public, other than an attorney licensed to practice law in the Virgin Islands, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in the Virgin Islands in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Office of the Lieutenant Governor, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in the Virgin Islands. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities". If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed. (e) Except as otherwise allowed by law, a notary public may not withhold access to, or possession of an original record provided by a person that seeks performance of a notarial act by the notary public. (f) A notary public who engages in any of the prohibited acts described in this section is subject to action under section 832 or a fine imposed by the Lieutenant Governor, not to exceed $5,000, or both. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 49, 50.

Except as otherwise provided in section 813(b), the failure of a notarial officer to perform a duty or meet a requirement specified in this subchapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this subchapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on other law of the Virgin Islands or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 50.

(a) The Office of the Lieutenant Governor may adopt regulations to implement this subchapter. Regulations adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The regulations may: (1) prescribe the manner of performing notarial acts regarding tangible and electronic records; (2) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident; (3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures; (4) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public; (5) include provisions to prevent fraud or mistake in the performance of notarial acts; (6) establish the process for approving and accepting surety bonds and other forms of assurance under section 831(e); and (7) allow for the increase of the fees set forth in sections 778 and 831, but a regulation that increases the fees by more than 5% per annum is not valid. (b) In adopting, amending, or repealing regulations about notarial acts with respect to electronic records, the Office of the Lieutenant Governor shall consider, so far as is consistent with this subchapter: (1) the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State; (2) standards, practices, and customs of other jurisdictions that substantially enact this subchapter; and (3) the views of governmental officials and entities and other interested persons. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 50, 51.

A commission as a notary public in effect on the effective date of this subchapter continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after the effective date of this subchapter is subject to and shall comply with this subchapter. A notary public, in performing notarial acts after the applicability date of this subchapter, shall comply with this subchapter. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 51.

This subchapter does not affect the validity or effect of a notarial act performed before the applicability date of this subchapter. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 51.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 51.

Act This subchapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section7003(b). History: Added Oct. 4, 2022, No. 8542, § 1, Sess. L. 2022, p. 51.

(a) All officers and employees of the Government of the United States Virgin Islands who serve as certifying and/or disbursing officers or who handle public funds in any manner whatsoever shall be properly bonded for the faithful performance of their duties. (b) Such officers and employees shall be designated by the head of the department in which they are employed, with the approval of the Governor.

The amount of the bond for each officer and employee of the Government of the United States Virgin Islands covered by this chapter, shall be determined by the Commissioner of Finance, with the approval of the Governor, except that the amount of the bond for officers and employees of the Bureau of Internal Revenue shall be determined by the Director thereof with the approval of the Governor. History: Amended Aug. 22, 1980, No. 4473, § 1(c)(1), Sess. L. 1980, p. 148.

(a) Every bond required by virtue of this chapter, shall be filed in the office of the Commissioner of Finance who shall approve such bonds as to form and execution. (b) A proper register of such bonds shall be kept in the office of the Commissioner of Finance. History: Amended Aug. 22, 1980, No. 4473, § 1(c)(2), Sess. L. 1980, p. 148.

(a) Funds shall be appropriated in the annual budget of the Government of the United States Virgin Islands to pay the cost of premiums covering bonds required by virtue of this chapter. (b) Funds shall also be appropriated in the annual budget of the Government of the United States Virgin Islands to pay the cost of premiums covering bonds of Federal officials and employees who execute transactions involving funds of the United States Government of the Virgin Islands.

Public records defined (a) When used in this chapter "public records" includes all records and documents of or belonging to this Territory or any branch of government in such Territory or any department, board, council or committee of any branch of government. Citizens right to examine (b) Every citizen of this Territory shall have the right to examine all public records and to copy such records, and the news media may publish such records, unless some other provision of the Code expressly limits such right or requires such records to be kept secret or confidential. The right to copy records shall include the right to make photographs or photographic copies while the records are in the possession of the lawful custodian of the records. All rights under this section are in addition to the right to obtain certified copies of records under section 882 herein. Supervision (c) Such examination and copying shall be done under the supervision of the lawful custodian of the records or his authorized designee. The lawful custodian may adopt and enforce reasonable rules and regulations regarding such work and the protection of the records against damage or disorganization. The lawful custodian shall provide a suitable place for such work, but if it is impracticable to do such work in the office of the lawful custodian, the person desiring to examine or copy shall pay any necessary expenses of providing a place for such work. All expenses of such work shall be paid by the person desiring to examine or copy. The lawful custodian may charge a reasonable fee for the services of the lawful custodian or his authorized deputy in supervising the records during such work. Hours when available (d) The rights of citizens under this chapter may be exercised at any time during the customary office hours of the lawful custodian of the records. However, if the lawful custodian does not have customary office hours of at least thirty hours per week, such right may be exercised at any time from nine o'clock a.m. to noon and from one o'clock p.m. to four o'clock p.m., Monday through Friday, excluding legal holidays, unless the citizen exercising such right and the lawful custodian agree on a different time. Enforcement of rights (e) The provisions of this chapter and all rights of citizens under this chapter may be enforced by mandamus or injunction whether or not any other remedy is also available. Penalty (f) It shall be unlawful for any person to deny or refuse any citizen of this Territory any right under this chapter, or to cause any such right to be denied or refused. Any person knowingly violating or attempting to violate any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars. Confidential records (g) The following public records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release information: 1. Personal information in records, regarding a student, prospective student, or former students of a public or nonpublic school or educational institution maintaining such records. 2. Hospital records and medical records of the condition, diagnosis, care or treatment of a patient or former patient, including outpatients. 3. Trade secrets which are recognized and protected as such by law. 4. Records which represent and constitute the work product of an attorney, which are related to litigation or claim made by or against a public body. 5. Peace officers investigative reports, except where disclosure is authorized elsewhere in this Code. 6. Reports to governmental agencies which, if released, would give advantage to competitors and serve no public purpose. 7. Appraisals or appraisal information concerning the purchase of real or personal property for public purposes, prior to public announcement of a project. 8. Information regarding negotiations with a prospective beneficiary for investment incentive benefits. 9. Criminal identification files of the U.S. Virgin Islands Police Department (V.I.P.D.). However, records of current and prior arrests shall be public records unless such records have been expunged pursuant to title 5, chapter 314 of the Virgin Islands Code. title 5 10. Personal information in confidential personnel records of the Division of Personnel or other department or agency where same may be kept. 11. Information concerning elderly and disabled adult abuse maintained under Title 34, chapter 15, VIC. 12.le 34wochapter 15rs, recorded information, documents or copies produced, obtained or disclosed to the Commissioner of Insurance during the course of an examination. 13. All working papers, draft reports and documents containing evidence to support findings, conclusions, and judgments of auditors of the Office of the V.I. Inspector General. 14. Confidential information affecting Homeland Security. 15. Captured plate data from automated license plate reader systems as defined in 20 V.I.C. § 521. Injunction to restrain examination (h) In accordance with the rules of civil procedure the district court may grant an injunction restraining the examination (including copying) of a specific public record, if the petition supported by affidavit shows and if the court finds that such examination would clearly not be in the public interest and would substantially and irreparably injure any person or persons. The district court shall take into account the policy of this chapter that free and open examination of public records is generally in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others. Such injunction shall be subject to the rules of civil procedure except that the court in its discretion may waive bond. Reasonable delay by any person in permitting the examination of a record in order to seek an injunction under this section is not a violation of this chapter, if such person believes in good faith that he is entitled to an injunction restraining the examination of such record. History: Amended Dec. 6, 1972, No. 3346, Sess. L. 1972, p. 520; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Sept. 25, 1984, No. 4990, § 9, Sess. L. 1984, p. 249; Dec. 19, 1984, No. 5032, § 6, Sess. L. 1984, p. 414; 1988, No. 5330, § 2, Sess. L. 1988, p. 114; Aug. 17, 1993, No. 5881, § 2, Sess. L. 1993, p. 174; Nov. 23, 1999, No. 6333, § 14(b), Sess. L. 1999, p. 195; Nov. 23, 2004, No. 6695, § 2, Sess. L. 2004, p. 229; amended Apr. 11, 2022, No. 8552, § 4, Sess. L. 2022, p. 100; amended Apr. 11, 2024, No. 8819, § 2, Sess. L. 2024, p. -.

This section shall be known and may be cited as "The Virgin Islands Government Transparency Act". (a) Definitions. As used in this section, the following terms shall have the following meanings: (1) "Agency" means any department, office, board, commission, bureau, division, institution or institution of higher education. "Agency" specifically includes any authority created by an act of the Legislature, including those authorities not receiving territorial tax revenue except for independent agencies of government. This includes individual agencies and programs, as well as those programs and activities that cross agency lines, and also includes all elective offices in the Executive Branch of Government and the Legislative Branch of Government. (2) "BIT" means the Virgin Islands Bureau of Information Technology as established in 3 V.I.C., chapter 1, § 10. (3) "Entity" or "recipients(s)" means any corporation, association, limited liability corporation, limited liability partnership, or any other legal business entity. It shall also include any grantee or sub- grantee, contractor or subcontractor, or any other government entity. (4) "Funding action or expenditure" shall include details on the type of spending of both: (A) appropriated expenditures, including but not limited to grants, contracts, and appropriations; and (B) tax expenditures, including but not limited to tax exemptions, waivers, and credits. This shall include but not be limited to all tax exemptions, credits, direct grants, or infrastructure assistance provided to any corporate or other business entity. Where possible, a hyperlink to the actual grants or contracts shall be provided. (5) "Funding source" means the account the expenditure is appropriated from. (6) "Searchable budget database website" means a website that allows the public at no cost to search for, obtain, and aggregate the information identified in subsection (b) of this section. (7) "State audit or report" shall include any audit or report issued by the Virgin Islands Inspector General, United States Inspector General, contracted private auditor, Legislative Post Auditor, Legislative Committee, or Executive body relating to the past or current performance of the entity or recipient of funds or the budget program, activity or agency which the Commissioner of Finance deems as relevant. (b) On or before June 1, 2020, the Bureau of Information Technology, as established in 3 V.I.C., chapter 1, § 10 in collaboration with the Office of Management and Budget and the Department of Finance, shall establish and maintain an official internet website that is electronically searchable by the public at no cost and that contains a comprehensive database of recipients and expenditures of the Territory's funds, inclusive of all government instrumentalities, the Legislature of the Virgin Islands, the local courts of the Virgin Islands and all semi-autonomous agencies. Information in the database must be presented in an intuitive manner for the general public, including graphical representations. (1) The Office of Management and Budget, the Department of Finance, and the Bureau of Information Technology are responsible for dictating when and in what manner agencies will provide financial information for publication on the official internet website. (3) Every agency required to submit financial information to the Office of Management and Budget, the Department of Finance, and the Bureau of Informational Technology according to this section must also publish their financial information on their own respective websites for public access. (c) Internet database; contents. The internet database should include the following: (1) The appropriation, expenditure or use of all public funds or federal funds or receipt of all federal funds or public funds as defined in section 883 of this chapter; (2) Annual government expenditures or funding actions provided to any entity, recipient or agency, as determined by the Commissioner of Finance including the name and location of any such entity, recipient or agency, the funding source, the amount of funds appropriated including tax expenditures or other subsidies, the funding agency or authority, and a description of the purpose of the funding action or expenditure; (3) Bond debt payments and debt service including but not limited to amounts of bond interest paid and sources of funds paid for individual bond issues; (4) All government contracts, subcontracts, and the names of recipients as determined by all agencies, as well as the Office of Disaster Recovery. (5) All positions and respective salaries without any personal identifiers, to include, but not limited to, the employee's name. (6) Local aid to each department including, but not limited, to amounts paid to individual units of government for individually identifiable aid programs; (7) Annual revenues, as determined by the Commissioner of Finance which shall include but not be limited to: (A) Receipts or deposits by any agency into funds established within the territory's treasury; (B) Agency earnings, including but not limited to, amounts collected by each agency for merchandise sold, services performed, licenses and permits issued, or regulation; (C) Revenue for the use of money and property including, but not limited to, amounts received for compensation for the use of government-owned money and property; (D) Gifts, donations and federal grants including, but not limited to, amounts received from public and private entities to aid in support of a specific function or other governmental activity; and (E) Other revenue including, but not limited to, receipts not classified elsewhere. (8) Annual bonded indebtedness which shall include, but not be limited to, the amount of the total original obligation stated in terms of principal and interest, the term of the obligation, the source of funding for repayment of the obligation, the amounts of principal and interest previously paid to reduce the obligation, the balance remaining of the obligation, any refinancing of the obligation, and the cited statutory authority to issue such bonds; (9) A link to any local or federal audit or report; and (10) Any other relevant information specified by the Commissioner of Finance in consultation with the Virgin Islands Office of Management and Budget. (d) The searchable budget database website shall retain information for each fiscal year on the single website for not less than 5 years and shall include data for the most recent fiscal years. (e) The searchable budget database website shall have a link for each branch of government and every governmental agency defined in section 883 of this chapter to include the Legislative branch of Government. (f) All data required to be published in this chapter must be updated on a monthly basis, at a minimum. (g) The searchable budget database website shall not include: (1) Tax payments or refund data that includes confidential taxpayer information; (2) Data relating to payments of "state" assistance to individual recipients; (3) Payees' addresses or telephone numbers, but the agencies may allow public access in the database to information identifying the district which the payee is located; (4) Work product in anticipation of litigation or information subject to attorney-client privilege; (5) Any other information that is designated by law as confidential or preapproved as confidential by the agency pursuant to rule. The agency and any officer or employee of the agency: (A) may rely on a determination made by a budget unit within the agency regarding confidentiality of information relating to the budget unit's expenditures. (B) are immune from civil liability for posting confidential information under this section if the posting is in reliance on the budget unit's determination relating to confidentiality. (h) The Governor, Lieutenant Governor, all government agencies and the Legislature shall include a link to the database under this section in their individual official websites. Each government agency that maintains a generally accessible internet website, or for which a generally accessible website is maintained, shall include a link on that website to the database under this section. (i) Each government agency shall cooperate with the Virgin Islands Office of Management and Budget, the Department of Finance, and the Bureau of Information Technology as necessary to implement and administer this website. Each government agency shall provide to the department any additional data in a manner and schedule prescribed by the Virgin Islands Office of Management and Budget, the Department of Finance, and the Bureau of Information Technology that are required to be included in the database. (j) Notwithstanding any law to the contrary, two or more violations of this section by a governmental agency in any fiscal year, upon the second or subsequent violation, subjects the governmental agency to an audit of their budget and all expenditures by the Virgin Islands Inspector General or the Legislative Post Audit Division. History: Added Sept. 17, 2012, No. 7408, § 1, Sess. L. 2012, p. 274-278; amended May 29, 2019, No. 8172, §§ 1(a)(1)-(4), (b)(1)- (4), (c), (d), Sess. L. 2019, p. 2, 3 .

Except when a different amount is prescribed, the following fees shall be paid in advance for certified copies of public records: (1) For making a certified copy, 75 cents for the first 300 words or part thereof, and 15 cents for each additional 100 words or part thereof. (2) If the record is in a foreign language, $1.00 for the first 100 words or part thereof. (3) For comparing for certification a copy furnished by the applicant, one-half the fee for making a copy.

(a) Statement of policy. To effectuate the territory's public policy to make governmental information available to governmental agencies and to the general public, there are established depository libraries for specified public documents and for indexes to those public records which are not required to be deposited pursuant to this section. (b) Definitions. As used in this section- (1) "Territorial Librarian" means the Director of the Division of Libraries, Museums and Archeological Services. (2) "Depository libraries" means those libraries where, pursuant to this section, public documents and indexes shall be deposited, retained and reproduced upon demand, or made available to the general public and governmental agencies. (3) "Governmental agency" includes the Legislature, any governmental entity, board, bureau, commission, department, agency, division, authority, office, or agent, or semi-private governmental entity receiving governmental funds for its operation in whole or in part, or any entity having bonding authority under the United States Virgin Islands Government in whole or in part. (4) "Public document" means any public record, regardless of format or purpose, supported in whole or in part by public funds, for distribution by any territorial governmental agency, and which is designated for deposit pursuant to this section, but does not mean inter-office and intra-office memoranda. "Public records" includes printed or audio-visual forms of communication and their accompanying technology. (5) "Public funds" includes cash, checks, bills, notes, drafts, stocks, bonds and all similar media of exchange which are received or disbursed under law by a governmental agency. (6) "Publication date" means the earliest date when a copy or copies of the first publication, including preliminary drafts, advance copies, unofficial editions and confidential publications, were placed on sale, donated or exchanged, or made available to any entity outside the publishing governmental agency. (7) "Library" means any public or private institution which maintains a media of communication collection for loan, internally or externally, including all college or university libraries, public, private or parochial school libraries. (8) "Recognized newspaper" means any newspaper or publication accepting paid advertisements whose copies are offered for sale, by public subscription or by the copy, or whose copies are distributed without cost to the general public, issued at regular intervals, not to exceed one week. (c) Designation and deposit of public documents; lawful custodian for purposes of section 881. The Territorial Librarian shall designate those public documents of a governmental agency which shall be deposited in depository libraries pursuant to this section, and shall notify the head of said agency, in writing of said designation. (1) Each governmental agency shall be responsible for supplying the Territorial Librarian with at least two copies of each public document designated for deposit for each depository library, within five weekdays from the publication date of said public document. (2) The Territorial Librarian shall be responsible for the subsequent distribution of at least two copies of designated public documents to each depository library within two calendar weeks from the date of receipt of said documents. (3) For purposes of section 881 of this title, the lawful custodian of a public document designated for deposit shall be- (A) The governmental agency until it has supplied the Territorial Librarian with the number of copies required by paragraph (1) of this subsection; (B) The Territorial Librarian, upon receipt from the governmental agency of the number of copies of the public document required by paragraph (1) of this subsection, until deposit of said document in the depository libraries as required by paragraph (2) of this subsection; (C) Notwithstanding subparagraph (A) or (B) of this paragraph, a depository library shall be considered a lawful custodian of all public documents in its possession. (d) Index to public records. Each governmental agency shall be responsible for maintaining an index providing identifying information as to any matter issued, adopted or promulgated by said agency, after June 1, 1977, and required by section 881 of this title to be a public record and which is not designated a public document pursuant to subsection (c) of this section. Each governmental agency shall issue such an index four times a year and supply the Territorial Librarian with at least two copies for each depository library. The Territorial Librarian shall deposit at least two copies of each index in each depository library. The Territorial Librarian is authorized and directed to- (1) review, at least annually, all of the records of governmental agencies to assure that indexes are being provided which are adequate to inform the general public and other governmental agencies of what information is available for inspection; and (2) instruct and aid governmental agencies in establishing record systems which are standardized to the fullest extent possible. Each governmental agency shall allow the Territorial Librarian access to agency records at reasonable times, upon fifteen days' notice by the Territorial Librarian to the head of said agency, and shall cooperate fully with the Territorial Librarian and his designee in determining what is an appropriate index. If the head of a governmental agency in good faith believes that the Territorial Librarian should not have access to any public record, he may seek an injunction pursuant to section 881(h) of this title, within ten days of the request by the Territorial Librarian to examine the governmental agency's records. (e) Quarterly checklist of public documents. The Territorial Librarian shall issue, each fiscal year quarter, a checklist of the documents that have been sent to the depository libraries in the preceding quarter, according to the following schedule: Period Issue Date July 1 to September 30 October 31 October 1 to December 31 January 31 January 1 to March 31 April 30 April 1 to June 30 July 31 Checklists shall be issued more often if needed, in the discretion of the Territorial Librarian. Quarterly checklists shall be automatically mailed or distributed free of charge to depository libraries and to any other individual, institution, firm, library or other entity who shall request checklists, either on a single copy or subscription basis. It shall be the responsibility of the Territorial Librarian to fill such requests within a reasonable length of time. (f) Duplication fee. Notwithstanding section 881(c) of this title, neither the Territorial Librarian nor a depository library shall charge any fee for examining a public document other than a reasonable fee for making a duplicate copy of the document. (g) Depository libraries. The depository libraries shall include the St. Thomas Campus Library of the University of the Virgin Islands, the St. Croix Campus Library of the University of the Virgin Islands, the Enid M. Baa Library on the Island of St. Thomas, the Florence Williams Public Library on the Island of St. Croix, the Cruz Bay Public Library on the Island of St. John and any additional libraries designated as depository libraries by the Territorial Librarian. (h) Court records excluded. This section shall not apply to records of the courts of the Virgin Islands. History: Added May 11, 1977, No. 3975, § 1, Sess. L. 1977, p. 61; amended Feb. 21, 1984, No. 4894, § 9, Sess. L. 1984, p. 29; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

(a) Notwithstanding any other provision of the law to the contrary, all boards and commissions created pursuant to this Code shall make a verbatim record of each of its proceedings and said records of proceedings are to be reduced to a transcript not later than sixty (60) days after the proceedings have occurred. (b) The transcript as required by subsection (a) of this section shall be open to examination by the public as required by section 881 of this chapter. History: Added June 1, 1984, No. 4949, § 1, Sess. L. 1984, p. 151.

This chapter may be cited as the "21st Century Integrated Digital Experience Act" or the "21st Century IDEA". History: Added July 22, 2024, No. 8857, § 1, Sess. L. 2024, p. -.

As used in this chapter: (a) "Director" means the Directory of the Bureau of Information Technology within the Office of the Governor. (b) "Agency" means any department, office, board, commission, bureau, or division. (c) "Legacy website" means a website that still uses frameworks or techniques that have been superseded by newer code and methods in modern sites. History: Added July 22, 2024, No. 8857, § 1, Sess. L. 2024, p. -.

(a) An agency that creates a website or digital service that is intended for use by the public, or conducts a redesign of an existing legacy website or digital service that is intended for use by the public, shall ensure to the greatest extent practicable that any new or redesigned website, web-based form, web-based application, or digital service: (1) is accessible to individuals with disabilities; (2) has a consistent appearance with standards to be developed by the Bureau of Information Technology; (3) does not overlap with or duplicate any legacy websites and, if applicable, ensure that legacy websites are regularly reviewed, eliminated, and consolidated; (4) contains a search function that allows users to easily search content intended for public use; (5) is provided through an industry standard secure connection; (6) is designed around user needs with data-driven analysis influencing management and development decisions, using qualitative and quantitative data to determine user goals, needs, and behaviors, and continually test the website, web-based form, web-based application, or digital service to ensure that user needs are addressed; (7) provides users of the new or redesigned website, web-based form, web-based application, or digital service with the option for a more customized digital experience that allows users to complete digital transactions in an efficient and accurate manner; and (8) is fully functional and usable on common mobile devices. (b) The head of each agency that maintains a website or digital service that is made available to the public shall: (1) review each website or digital service; and (2) submit to the appropriate legislative committee, a report that includes: (A) a list of the websites and digital services maintained by the agency that are most viewed or utilized by the public or are otherwise important for public engagement; (B) from among the websites and digital services listed under subparagraph (A), a prioritization of websites and digital services that require modernization to meet the requirements under subsection (a); and (C) an estimation of the cost and schedule of modernizing the websites and digital services prioritized under subparagraph (B). (c) The head of each agency shall ensure, to the greatest extent practicable, that any intranet or enterprise system established after the effective date of this chapter conforms to the requirements described in subsection (a). (d) The head of each agency shall: (1) report annually to the Director on the progress of the agency in implementing the requirements described in this section for the previous year; and (2) include the information described in paragraph (1) in a publicly available report that is required under 3 V.I.C. § 61(a). History: Added July 22, 2024, No. 8857, § 1, Sess. L. 2024, p. -.

(a) The Director shall issue guidance to the head of each agency that establishes a process for the agency to: (1) identify public non-digital, paper-based, or in-person government services; and (2) include in the budget request of the agency: (A) a list of non-digital services with the greatest impact that could be made available to the public through an online, mobile-friendly, digital service option in a manner that decreases cost, increases digital conversion rates, and improves customer experience; and (B) an estimation of the cost and schedule associated with carrying out the modernization described in subparagraph (A). (b) The head of each agency shall regularly review public-facing applications and services to ensure that those applications and services are, to the greatest extent practicable, made available to the public in a digital format. (c) The head of each agency shall ensure that any paper-based form that is related to serving the public is made available in a digital format that meets the requirements described in section 893(a). (d) If the head of an agency cannot make available an in-person government service, form, or paper-based process in a digital format, the head of the agency shall document: (1) the title of the in-person government service, form, or paper-based process; (2) a description of the in-person government service, form, or paper-based process; (3) each unit responsible for the in-person government service, form, or paper-based process and the location of each unit in the organizational hierarchy of the agency; (4) any reasons why the in-person government service, form, or paper-based process cannot be made available; and (5) any potential solutions that could allow the in-person government service, form, or paper-based process to be made available, including the implementation of existing technologies, procedural changes, regulatory changes, and legislative changes. (e) Each agency shall maintain an accessible method of completing digital services through in-person, paper-based, or other means, such that individuals without the ability to use digital services are not deprived of or impeded in access to those digital services. History: Added July 22, 2024, No. 8857, § 1, Sess. L. 2024, p. -.

The head each agency, or a designee, shall: (1) coordinate and ensure alignment of the internal and external customer experience programs and strategy of the agency; (2) coordinate with the management leaders of the agency, including the Chief Information Officer, the Chief Financial Officer, and any program manager, to ensure proper funding to support the implementation of this chapter; (3) continually examine e-Governance and the digital service delivery strategy of the agency to the public and submit recommendations to the Director of the Bureau of Information Technology providing guidance and best practices suitable to the mission of the agency; and (4) using qualitative and quantitative data obtained from across the agency relating to the experience and satisfaction of customers, identify areas of concern that need improvement and improve the delivery of customer service. History: Added July 22, 2024, No. 8857, § 1, Sess. L. 2024, p. -.

(a) Each agency shall, to the extent practicable, seek to maintain as much standardization and commonality with other agencies as practicable in implementing the requirements of this chapter to best enable future transitions to centralized shared services. (b) The chief information officer of each agency, or a designee, shall coordinate the implementation of the requirements of this chapter, including the development of standards and commonalities as set forth by the Bureau of Information Technology. History: Added July 22, 2024, No. 8857, § 1, Sess. L. 2024, p. -.

In this chapter, unless specifically otherwise indicated: (a) "agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of the Virgin Islands of the United States except the judicial and legislative branches. (b) "Regulation" means every rule, regulation or order, amendments thereto or revocations thereof, made by any agency, except a rule, regulation or order which- (1) relates only to the organization or internal management of the agency; or (2) relates to the use of public works, including streets and highways, under the jurisdiction of any agency when the effect of such order is indicated to the public by means of signs or signals; or (3) is directed to a specifically named person or group of persons and does not apply generally throughout the Virgin Islands. History: June 24, 1958, No. 320, § 2, Sess. L. 1958, p. 88.

Except as provided in section 934 of this title, nothing in this chapter confers authority upon or augments the authority of any agency to adopt, administer or enforce any regulation. Each regulation adopted, to be effective, must be within the scope of authority conferred and in accordance with standards prescribed by other provisions of law. History: June 24, 1958, No. 320, § 3, Sess. L. 1958, p. 89.

(a) On and after July 1, 1968, no executive or administrative regulation, duly promulgated and issued in accordance with authority granted by law, may have the force and effect of law unless it is approved by the Governor, filed and published as required by section 933 of this chapter, submitted to the Legislature as provided by subsection (b) of this section, and notice of the promulgation of the regulation, including a brief description of the subject matter thereof, has been published in at least one newspaper of general circulation. (b) At the time of filing of any executive or administrative regulation described in subsection (a) of this section, or of any amendment or revision thereof, the Governor shall submit the same to the Legislature, or to the Committee on Rules of the Legislature if the Legislature is recessed or adjourned. Upon such submission by the Governor and upon compliance with the other provisions of this chapter, any such regulation shall have the force and effect of law, unless a later effective date is specified by law. The Legislature may at any time thereafter by Act modify, amend, or revise any such regulation, or amendment or revision thereof, and such modification, amendment or revision by the Legislature shall be filed and published as in the case of other regulations under section 933 of this chapter. History: Added June 4, 1968, No. 2238, § 18(a), Sess. L. 1968, Pt. II, p. 51; amended Sept. 1, 1972, No. 3305, § 1, Sess. L. 1972, p. 441; July 30, 1976, No. 3855, § 1(a), Sess. L. 1976, p. 164.

Within three months after June 24, 1958, every agency shall prepare and file with the Government Secretary an original and two duplicate copies of every regulation adopted by it and which is still in force and effect, together with a citation of the statutory authority pursuant to which such regulation or part thereof was adopted. Reference to the particular provision of law which each regulation construes, implements or interprets shall also be included, if such is the case. History: June 24, 1958, No. 320, § 21, Sess. L. 1958, p. 89.

Any regulation made by an agency of the Virgin Islands prior to June 24, 1958, and not filed in the office of the Government Secretary within three months after June 24, 1958, as required by section 931 of this title, shall be void and of no effect. The Government Secretary may, in his discretion, extend the filing date provided for in this section to any date prior to the actual publication of the Virgin Islands Rules and Regulations. History: June 24, 1958, No. 320, § 22, Sess. L. 1958, p. 89; June 11, 1959, No. 466, § 1, Sess. L. 1959, p. 71.

Regulations In addition to the requirements of section 913 of this chapter, no regulation hereafter made by an agency of the Virgin Islands shall become effective until an original and two duplicates, have been filed in the office of the Lieutenant Governor, and until it has been published in the Virgin Islands Rules and Regulations. History: June 24, 1958, No. 320, § 23, Sess. L. 1958, p. 89; amended June 4, 1968, No. 2238, § 18(b), Sess. L. 1968, Pt. II, p. 52; July 30, 1976, No. 3855, § 1(b), Sess. L. 1976, p. 165.

The Lieutenant Governor shall prescribe by regulations, the style in which regulations filed pursuant to section 933 of this title shall be prepared. His regulations shall prescribe a standard size form to be used in filing regulations pursuant to that section and shall provide that each regulation be accompanied by the citation of the statutory authority pursuant to which it, or any part of it, was adopted, as well as a reference to the particular statutory provisions it implements, construes or interprets, if such is the case. The regulations shall also require all amendments to regulations to refer to the original regulation. History: June 24, 1958, No. 320, § 24, Sess. L. 1958, p. 89.

The Lieutenant Governor shall indorse on all copies of the regulations presented for filing in his office the time and date of filing. He shall maintain a permanent file of such regulations in his office for public inspection. History: June 24, 1958, No. 320, § 25, Sess. L. 1958, p. 90.

The Lieutenant Government Secretary shall examine each regulation filed with him pursuant to section 933 of this title to determine whether it complies with the regulations issued by him pursuant to section 934 of this title. If he approves, he shall indorse his approval on each copy of the regulation, and the regulation is then considered to have been filed as required by this chapter. History: June 24, 1958, No. 320, § 26, Sess. L. 1958, p. 90.

If upon examination the Lieutenant Governor determines that a regulation does not comply with the regulations issued pursuant to section 934 of this title, he may- (a) return it to the issuing agency, with notice of his objections, for correction and conformance; or (b) make such corrections and changes as are necessary to bring the regulation into conformance. In either case, the regulation will not be considered as filed for purposes of this chapter until the issuing agency has either made the indicated changes and had the new version approved by the Lieutenant Governor, or indicated its approval of the changes made by the Lieutenant Governor. History: June 24, 1958, No. 320, § 27, Sess. L. 1958, p. 90.

The provisions of section 933 of this subchapter requiring publication of regulations in the Virgin Islands Rules and Regulations may be dispensed with in all cases in which the regulations have been approved by the Governor and he certifies that because of emergency or other compelling circumstances, including a lengthy delay before publication, the public interest requires that the regulation become effective without the delay of prior publication. In all such cases the Governor shall file a copy of the certification with the Lieutenant Governor. Said certification and regulation shall be published in the next Virgin Islands Rules and Regulations. History: June 24, 1958, No. 320, § 28, Sess. L. 1958, p. 90; amended June 4, 1968, No. 2238, § 18(c), Sess. L. 1968, Pt. II, p. 52; July 30, 1976, No. 3855, § 1(c), Sess. L. 1976, p. 165.

Notice (a) The publication of a regulation in the Virgin Islands Rules and Regulations or the Virgin Islands Register raises a rebuttable presumption that the text of the regulation so published is the text of the regulation adopted. (b) The courts of the Virgin Islands shall take judicial notice of the contents of each regulation printed in the Virgin Islands Rules and Regulations or the Virgin Islands Register. History: June 24, 1958, No. 320, § 29, Sess. L. 1958, p. 90.

Notwithstanding the provisions of sections 933 and 934 of this subchapter, an agency of the Virgin Islands may in a regulation incorporate by reference regulations promulgated by an agency of the United States as set forth in the Federal Register, without publishing such regulations in full, by filing and publishing the adopting regulations as specified in this subchapter; Provided, That such regulations shall be clearly identified in the adopting regulation, and that copies of the Federal Register containing such regulations shall be maintained in the Office of the Lieutenant Governor, available for inspection by the public. History: Added Mar. 11, 1974, No. 3541, Sess. L. 1974, p. 56.

The Lieutenant Governor shall distribute, within five weekdays after approval by the Governor, at least two copies of any regulation hereafter made by any agency of the Government of the Virgin Islands to each of the following libraries: (1) the Enid M. Baa Library, St. Thomas, (2) the St. Thomas Campus Library of the University of the Virgin Islands, (3) the Law Library of the District Court, St. Thomas, (4) the Law Library of the Legislature, St. Thomas, (5) the Law Library of the Attorney General's Office, St. Thomas, (6) the Florence Williams Public Library, St. Croix, (7) the St. Croix Campus Library of the University of the Virgin Islands, (8) the Law Library of the District Court, St. Croix, (9) the Law Library of the Attorney General's Office, St. Croix, (10) the Cruz Bay Public Library, St. John, (11) the Frederiksted Public Library, St. Croix, (12) the Law Library of the Superior Court, St. Thomas, (13) the Law Library of the Superior Court, St. Croix, (14) the Legislation Activities Center in the Office of the Governor, and (15) any additional libraries designated as depository libraries under section 883 of this title. History: Added July 30, 1976, No. 3855, § 1(d), Sess. L. 1976, p. 166; amended Feb. 4, 1982, No. 4680, § 2, Sess. L. 1982, p. 35; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

The Lieutenant Governor shall distribute or cause to be distributed within five weekdays after issuance of any document required to be published in accordance with section 982, subsection (a) of this title and immediately after issuance by the Attorney General of any written opinion of legal and general significance, at least two copies thereof to each of the libraries designated in section 941 of this title. History: Added Feb. 4, 1982, No. 4680, § 3, Sess. L. 1982, p. 36.

(a) Any Board or Commission, Department, Division or Agency, mandated by statute to promulgate rules and regulations as may be reasonably necessary for the administration of their Board, Commission, Department, Division or Agency, shall review every five years their rules and regulations, using a calendar year beginning January 1. (b) An electronic copy of the rules and regulations, dated with the review, shall be submitted within thirty (30) days of the enactment of this Act to the Office of the Lieutenant Governor, pursuant to Title 3, chapter 3, section 34(a), to the Legislature of the Virgin Islands' Office of the Code Revisor, and to the Legislature of the Virgin Islands' Legal Counsel's Office. (c) Within thirty (30) days of the enactment of this Act, an electronic copy of all Rules and Regulations as they exist shall be submitted to the Office of the Lieutenant Governor, pursuant to Title 3, chapter 3, section 34(a), to the Legislature of the Virgin Islands' Office of the Code Revisor, and to the Legislature of the Virgin Islands Legal Counsel's Office. (d) Any Board or Commission, Department, Division or Agency, mandated by statute to promulgate rules and regulations which does not have rules and regulations in effect shall report this finding within thirty (30) days of the enactment of this Act to the Office of the Lieutenant Governor, pursuant to Title 3, chapter 3, section 34(a), to the Legislature of the Virgin Islands' Office of the Code Revisor, and to the Legislature of the Virgin Islands' Legal Counsel's Office. History: Added May 9, 2011, No. 7260, § 6, Sess. L. 2011, pp. 83, 84.

The Lieutenant Governor is authorized to- (a) Contract for the compilation, codification and publication of all regulations filed with him pursuant to section 931 of this title. The publication of compiled regulations shall be known as the Virgin Islands Rules and Regulations. (b) Determine the manner and form in which the regulations, compilations and codifications shall be prepared, printed, and indexed so that all regulations, compilations and codifications shall be prepared and published in a uniform manner at the earliest practical date. History: June 24, 1958, No. 320, § 31, Sess. L. 1958, p. 91.

The Lieutenant Secretary, at the time he contracts pursuant to section 961 of this title, is authorized to- (a) Contract for the continuing upkeep of the "Virgin Islands Rules and Regulations" through the preparation, compilation and publication of periodic supplements designed to incorporate into the "Virgin Islands Rules and Regulations" all new regulations and changes in old regulations which have been filed in his office since the publication of the next preceding supplement. These supplements are to be in the form of loose-leaf insert pages so that the new and changed material may be inserted directly into the compilation at their proper place. Instructions suitable for this purpose shall be included with the supplements but shall not be considered a part of it. This supplement service shall be known as the "Virgin Islands Register." (b) Determine the manner and form in which new or amended regulations shall be prepared and indexed so as to make the Virgin Islands Rules and Regulations a uniform and consistent work, and so as to provide the flexibility needed to avoid unnecessary reprinting of materials. History: June 24, 1958, No. 320, § 41, Sess. L. 1958, p. 91.

The Virgin Islands Register shall also contain: (1) All gubernatorial proclamations, Executive Orders and Reorganization Plans except such as have no general applicability and legal effect or are effective only against Virgin Islands agencies or persons in their capacity as officers, agents or employees thereof; (2) such documents or classes of documents as the Governor shall determine from time to time to have general applicability and legal effect; and (3) such documents or classes of documents as may be required to be so published by the Legislature. History: June 24, 1958, No. 320, § 42, Sess. L. 1958, p. 91.

Material which, pursuant to section 982 of this title, should be printed in the Virgin Islands Register shall be filed in triplicate in the office of the Lieutenant Governor before the last day of each month in order to be printed in the Register appearing in the following monthly period. History: June 24, 1958, No. 320, § 43, Sess. L. 1958, p. 92.

of Other Documents The material which, pursuant to section 982 of this title, is to be printed in the Virgin Islands Register, shall, as far as practicable, be grouped into a separate section of the Register so that this material will form a separate notice register which may be sold by the Lieutenant Governor separately and independently of the Virgin Islands Rules and Regulations. History: June 24, 1958, No. 320, § 44, Sess. L. 1958, p. 92.

The Lieutenant Governor may sell the publications provided for in this chapter at such prices as may be fair to the Government of the United States Virgin Islands. All moneys received from such sales shall be deposited in the Treasury and credited to the General Fund. History: June 24, 1958, No. 320, § 45, Sess. L. 1958, p. 92.

(a) The Lieutenant Governor is authorized to negotiate for and purchase, from time to time, loose-leaf binders in such form and quantities as he directs, to be used for the purpose of containing copies of the Virgin Islands Register provided for in subchapter IV of this chapter. (b) The Governor of the Virgin Islands shall prescribe the manner in which the loose-leaf binders provided for in this section shall be distributed free of charge to the Legislature and to the Executive and Judicial Branches of the Government, and shall fix the prices at which they may be sold to the general public. The proceeds from such sales shall be remitted to the Commissioner of Finance and covered by him into the General Fund of the Treasury. History: Added Jan. 25, 1963, No. 922, § 3(a), Sess. L. 1963, p. 5.

There is authorized to be appropriated to the Lieutenant Governor such sums as may be necessary to carry out the purposes of this chapter. History: June 24, 1958, No. 320, § 51, Sess. L. 1958, p. 92; Jan. 25, 1963, No. 922, § 3(c), Sess. L. 1963, p. 5.

The Legislature finds and declares: (a) that no responsibility of government is more fundamental than the responsibility of maintaining the highest standards of ethical behavior by those who conduct the public business; (b) that the people have a right to expect adherence by those who conduct the public business to the principle that all officials must act with the utmost integrity, absolute impartiality and loyalty to the public interest; (c) that whereas the basis of effective democratic government is public confidence, that confidence is endangered when ethical standards falter or appear to falter. To these ends, the Legislature enacts this chapter in order to assure the impartiality, and ethical conduct of all involved in governmental transactions and decisions. Further the Legislature finds and declares that the laws and regulations governing ethics in government have not been adequate to the changed role of government at all levels, or to the changing conditions of our society. History: Added May 3, 1971, No. 2996, § 1, Sess. L. 1971, p. 116.

As used in this chapter the following terms are to be given the following meanings: (1) "Financial interest" includes as to any individual, firm or corporation, any of the following: (A) Entitlement to salary or other valuable remuneration as an officer of a business or corporation; (B) Ownership of more than ten (10%) percent of the shares of a corporation for profit, or an annual income from dividends, including the value of stock dividends and any other payments made by the corporation, in excess of $2,000.00 of the recipient's annual income; (C) The right upon liquidation or dissolution to more than ten (10%) percent of the assets of a firm, partnership, or other noncorporate business entity, or an annual income to the recipient from a firm, partnership or other noncorporate business entity in excess of $2,000.00 of such recipient's income; (2) "Business entity" means any commercial undertaking operated for profit including but not limited to a corporation, partnership, proprietorship, association, joint venture or firm; (3) "Regulated" or "subject to the regulation of a public agency", is defined by applying the test of whether a regulatory agency is authorized to grant or deny licenses, operating rights or other benefits that can substantially affect the profit of the business entity. Any person or officer or member serving any public agency covered by this chapter may request from the Attorney General a list of business entities regulated or subject to the regulation of that public agency; (4) "Statutory officer" means the Governor, Lieutenant Governor, Members of the Legislature and all other elected territorial officials; (5) "Appointive officer" means any salaried officer appointed to his office by any members of the executive, legislative or judicial branch of government. It includes appointed employees who are exempt from the Personnel Merit System Law; (6) "Salaried officer" means any official who receives a fixed compensation for his service at regular intervals; (7) "Public agency" means the Government of the United States Virgin Islands or any department, board, commission, body or agency of the foregoing including any public corporation and public authority. The term "public agency" does not include any board of commission or committee, the functions of which are purely advisory; (8) "Territorial officer or employee" includes "statutory officers"; all officers and employees of the legislative, executive and judicial branch of the Government of the United States Virgin Islands or a "public agency" and officers, employees and consultants of any branch of the Government or public agency employed on a contract or fee basis; (9) "Ownership of a business entity" means ownership by such person or ownership by his spouse and or child, or both; (10) "Instrument of ownership" means the instrument defining the fiscal relationship of the owner to the business entity or to real property. This would include but not be limited to: common stock, preferred stock, rights, warrants, options, articles of partnership, proprietary interests and debt instruments if convertible to equity instruments. A convertible debt instrument would include bonds, notes, debentures, and mortgages; (11) "Real property" means any interest in, or option to purchase any interest in, any real property held for income or gain provided the fair market value of the real property is in excess of $1,000. The term "real property" does not include a home or property used primarily for personal or nonprofit recreational purposes; (12) "Fair market value" means (A) if a marketed security, the quoted price on the date of filing; (B) if not a marketed security the value at which price a willing buyer would pay to a willing seller, assuming both know the full information on the asset, neither being under any duress to transact; (13) "Time or demand deposit" means checking and savings accounts in banks, and shares or deposits in savings and loans institutions, unless such shares are marketed securities. History: Added May 3, 1971, No. 2996, § 1, Sess. L. 1971, p. 117, 118.

No territorial officer or employee shall: (1) be financially interested in any contract made or negotiated by him in his official capacity, or by any public agency of which he is a member. (2) be a purchaser at any sale or a vendor at any purchase made by him in his official capacity. (3) have any interest, financial or otherwise, direct or indirect, or engaged in any business or transaction or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his duties in the public interest and of his responsibilities as prescribed in the laws of the Virgin Islands. (4) accept other employment which will either impair his independence of judgment as to his official duties or require him, or induce him, to disclose confidential information acquired by him in the course of and by reason of his official duties. (5) wilfully and knowingly disclose, for pecuniary gain to any other person, confidential information acquired by him in the course of and by reason of his official duties or use any information for the purpose of pecuniary gain. History: Added May 3, 1971, No. 2996, § 1, Sess. L. 1971, p. 118, 119.

History: Repealed. Dec. 7, 1984, No. 5024, Sess. L. 1984, p. 398.

A person subject to this chapter has an interest which is in substantial conflict with the proper discharge of his duties in the public interest and of his responsibilities as prescribed in the laws of the Virgin Islands or a personal interest, arising from any situation, within the scope of this chapter, if he will derive a direct monetary gain or suffer a direct monetary loss, as the case may be, by reason of his official activity. He does not have an interest which is in substantial conflict with the proper discharge of his duties in the public interest and of his responsibilities as prescribed by the laws of the Virgin Islands or a personal interest, arising from any situation, within the scope of this chapter, if any benefit or detriment accrues to him as a member of an industry, profession, occupation, or group to no greater extent than any other member of such business, profession, occupation, or group. History: Added May 3, 1971, No. 2996, § 1, Sess. L. 1971, p. 119.

(a) A territorial officer or employee shall not be deemed to be interested in a contract entered into by a public agency of which he is a member within the meaning of this chapter if he has only a remote interest in the contract and if he fact of such interest is disclosed to the public agency of which he is a member and noted in its official records, and thereafter the public agency authorizes, approves, or ratifies the contract in good faith. (b) As used in this chapter "remote interest" means: (1) that of a nonsalaried officer or a nonprofit organization; (2) that of a former employee or agency of a party contracting with the government, if the territorial officer or employee was an employee or agent of said contracting party for at least three (3) years prior to his initially becoming a territorial officer or employee. Time of employment with the contracting party shall be counted in computing the three (3) year period even though such contracting party has been converted from one form of business organization to a different form of business organization within the three (3) years of the initial taking of office by such territorial officer or employee. Time of employment in such case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before such transfer or change in organization. Stock holders, bond holders, partners, or other persons holding an interest in the contracting party are regarded as having the "real or ultimate ownership" of such contracting party. (3) that of a parent in the earnings of his minor child for personal services. (4) that of a landlord or tenant of the party contracting with the government. (5) that of an attorney of the party contracting with the government but not representing the contracting party in negotiating with the government. (6) that of a former supplier of goods or services to a party contracting with the government when such goods or services were supplied to the contracting party by the territorial officer or employee for at least five (5) years prior to his election or appointment to a territorial office or employment. (c) The provisions of this section shall not be applicable to any territorial officer or employee interested in a contract who influences or attempts to influence another member of a public agency of which he is a member to enter into the contract. (d) The willful failure of a territorial officer or employee to disclose the fact of his interest in a contract pursuant to this section shall be punishable as provided in this chapter. Such violation shall not void the contract, however, unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed. (e) A territorial officer or employee shall not be deemed to be interested in a contract made pursuant to competitive bidding under a procedure established by law if his sole interest is that of an officer, director, or employee or a bank or financial institution with which a party to the contract has the relationship of borrower or depositor or creditor. History: Added May 3, 1971, No. 2996, § 1, Sess. L. 1971, pp. 119-121.

(a) Not later than April 30 of each year every statutory officer, every judge of the Superior Court, and every salaried appointed officer of a public agency exempt from the Personnel Merit System shall file a report disclosing certain financial interests as provided by this subsection (a), and shall file an amendment to such report stating any new instrument of ownership acquired which would be subject to this subsection (a) if it had been a financial interest of the person disclosing at the time of his last filing. Amendments shall be filed no later than 30 days after the date of acquisition of the new instrument of ownership. The interest of a spouse or any other party, if constructively controlled by the person reporting, shall be considered to be the same as the interest of the person reporting. The report shall be in two parts as follows: Part I (1) List the name, instrument of ownership, and any position of management held in any business entity in which the ownership is in excess of $5,000 fair market value as of the date of filing or from which income of $1,000 or more was derived during the preceding calendar year. No time or demand deposit in a financial institution, or any debt instrument having a fixed yield need be listed unless it is convertible to any equity instrument. (2) List the name, address and type of practice of any professional organization in which the person reporting, or his spouse, is an officer, director, or partner, or serves in any advisory capacity, from which income of $1,000 or more was derived during the preceding calendar year. (3) List the source of each of the following items received during the preceding calendar year: (a) any income for services rendered exceeding $5,000; (b) any capital gain from a single source exceeding $5,000, other than from the sale of a residence occupied by the person reporting; (c) reimbursement for expenditures exceeding $1,000 in each instance; (d) honorariums from a single source aggregating $300 or more. (4) List each creditor to whom the person reporting was indebted for a period of ninety consecutive days or more during the preceding calendar year in an aggregate amount in excess of $10,000, excluding any indebtedness specifically secured by the pledge of assets of the person reporting of appropriate value. Campaign receipts shall not be included in this report. Information filed under Part I shPart I maintained by the Attorney General and made available at reasonable hours to responsible public inquiry, subject to such regulations as the committee may prescribe including, but not limited to, regulations requiring identification by name, occupation, address, and telephone number of each person examining information filed under Part I, aPart I reason for each inquiry. The Committee shall promptly notify each person required to file a report under this subsection of each instance of an examination of his report. Part II (1) List the fair market value (as of the date of filing) of each item listed under paragraph (1) of Part I and the income derived therefrom during the preceding calendar year. (2) List the amount of income derived from each item listed under paragraphs (2) and (3) of Part I, and the amount of indebtedness owed to each creditor listed under paragraph (4) of Part I. The information filed under this Part II shall be sealed by the person filing and shall remain sealed unless the Attorney General pursuant to his investigative authority, determines that the examination of such information is essential in an official investigation by the Attorney General and promptly notifies the person concerned of any such determination. The Attorney General may make public any portion of the information unsealed by the Attorney General under the preceding sentence and which the Attorney General deems to be in the public interest. A person required to file a report under this subsection who has no interests covered by any of the provisions of this subsection shall file a report, under Part I only of this subsection, so stating. In any case in which a person required to file a sealed report under Part II of this subsection is no longer required to file such a report, the Attorney General shall return to such person, or his legal representative, all sealed reports filed by such person under Part II and remaining in the possession of the Attorney General. (b) Persons required to file statements under subsection (a) of this section shall file with the Attorney General. The Attorney General shall be responsible for disseminating information concerning the statements required by this section to persons subject to the provisions of this section and shall prepare a standard reporting form. (c) The statement required by subsection (a) of this section shall be revised each year prior to April 30th by the person filing such statement and a supplemental report shall be filed describing any changes in the statement or stating that no changes occurred if such is the case. (d) Each candidate for public office shall file with the Supervisor of Elections within 10 days after filing his nomination petition or papers as a public record, a statement identical to the statement required by subsection (a) of this section. History: Added May 3, 1971, No. 2996, § 1, Sess. L. 1971, p. 121; amended Apr. 10, 1979, No. 4269, § 1, Sess. L. 1979, p. 14; June 24, 1987, No. 5265, § 403(a)(2), Sess. L. 1987, p. 56; Sept. 11, 2009, No. 7086, § 3, Sess. L. 2009, p. 148.

This chapter shall be administered by the Attorney General of the Virgin Islands who shall conduct investigations, issue rules and regulations, and file actions in the appropriate courts when and as necessary to enforce its provisions. History: Added May 3, 1971, No. 2996, § 1, Sess. L. 1971, pp. 121-124; amended Apr. 10, 1979, No. 4269, § 2, Sess. L. 1979, p. 16; July 21, 1981, No. 4593, Sess. L. 1981, p. 90; June 24, 1987, No. 5265, § 403(a)(3), Sess. L. 1987, p. 56.

No person shall induce or seek to induce any territorial officer or employee to violate any provision of this chapter. History: Added May 3, 1971, No. 2996, § 1, Sess. L. 1971, p. 124.

Any person who knowingly violates a provision of this chapter shall be guilty of a public offense and upon conviction thereof shall be punished by imprisonment for not less than one year nor more than five years; or by a fine of not more than $5,000 or a sum equal to any direct monetary gain derived in connection with such violation, whichever is greater; or both such fine and imprisonment. History: Added May 3, 1971, No. 2996, § 1, Sess. L. 1971, p. 124.

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

History: Repealed. June 24, 1987, No. 5265, § 203(d), Sess. L. 1987, p. 29.

There is hereby created the Office of the Virgin Islands Inspector General, hereinafter referred to as "Office of the V.I. Inspector General", as a separate, independent agency of the Government of the Virgin Islands. History: Added Nov. 23, 1999, No. 6333, § 14(a), Sess. L. 1999, p. 188.

General (a) The Office of the V.I. Inspector General shall be administered, pursuant to the provisions of this chapter, under the supervision and direction of the Virgin Islands Inspector General, hereinafter referred to as the "V.I. Inspector General", who shall be appointed by the Governor with the advice and consent of the Legislature, without regard to political affiliation, and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial management, or investigations. The V.I. Inspector General shall serve a term of seven years from the date of appointment, and may be reappointed. The V.I. Inspector General may be removed from office by the Governor, but only upon a finding of neglect of duty or malfeasance in office. The V.I. Inspector General shall be bonded in an amount equal to that of a commissioner in the Executive Branch. Any vacancy occurring in the Office of the V.I. Inspector General shall be filled in the same manner as the original appointment. (b) There shall be in the Office of the V.I. Inspector General, a deputy Virgin Islands Inspector General, hereinafter referred to as the "Deputy V.I. Inspector General", who shall, in addition to the duties assigned by the V.I. Inspector General, have the responsibility of supervising the performance of audit, investigation, and inspection activities relating to programs and operations. The Deputy V.I. Inspector General shall be appointed by the V.I. Inspector General and shall serve a term coinciding with the term of the appointing V.I. Inspector General. The Deputy V.I. Inspector General shall be qualified in the same manner as the V.I. Inspector General. The Deputy V.I. Inspector General shall be bonded in an amount equal to that of a commissioner in the Executive Branch. (c) The salary of the V.I. Inspector General shall be equal to that of the highest paid commissioner in the Executive Branch excluding a commissioner temporally assigned in the executive branch pursuant to section 451b of this title. (d) The salary of the Deputy V.I. Inspector General shall be equal to the highest paid assistant commissioner in the Executive Branch excluding an assistant commissioner temporally assigned to the executive branch pursuant to section 451b of this title. History: Added Nov. 23, 1999, No. 6333, § 14(a), Sess. L. 1999, p. 188; amended Mar. 17, 2016, No. 7836, §§ 2(a), (b), Sess. L. 2016, p. 3.

(a) The V.I. Inspector General shall prepare and submit to the Legislature an annual budget that includes staffing levels for the Office of the V.I. Inspector General. The budget, once appropriated by the Legislature, shall be allotted in its entirety at the commencement of the fiscal year. (b) The V.I. Inspector General shall establish and maintain an imprest checking account. Within 15 days of the beginning of each fiscal year, the Commissioner of Finance shall deposit into the V.I. Inspector General's imprest account the sum of $100,000 from the budget appropriated by the Legislature. (c) The V.I. Inspector General may expend monies from the imprest account for any purpose in exercising his powers and carrying out his duties as set forth in this chapter or any other law. Prior to the expiration of the month following the end of each quarter, the V.I. Inspector General shall submit to the Department of Finance a report detailing the amount, the nature, and the justification for each item of expenditure in the previous quarter. The report shall be accompanied by receipts and any other such documentation required by the Department's rules and regulations or other laws of the Virgin Islands. Prior to the expiration of the month following the end of the fiscal year, the V.I. Inspector General shall compile and submit an annual financial report for the fiscal year's expenditures from the imprest account. History: Added Nov. 23, 1999, No. 6333, § 14(a), Sess. L. 1999, p. 188.

Virgin Islands Attorney General (a) The Office of the V.I. Inspector General shall: (1) conduct and supervise audits, inspections, and related investigations or programs and operations of the Government of the Virgin Islands; (2) provide leadership, coordination and recommend policies for activities designed: (A) to promote economy, efficient, and effectiveness in the administration of; and (B) to prevent and detect fraud, waste, and abuse in such programs and operations; and (3) provide a means for keeping the Governor, the Legislature, and the judicial branch fully and currently informed about problems and deficiencies relating to the administration of government programs and operations and the necessity for and progress of corrective action; (4) conduct audits, inspections, and investigations relating to the programs and operations of any Government department, board, bureau, commission, or instrumentality, including the legislative and judicial branches; (5) take such steps as may be necessary and lawful to ensure that recommendations are fully implemented; (6) coordinate efforts with the Office of the Inspector General of the Department of the Interior and the Legislative Post Auditor to avoid unnecessary duplication of work; (7) give advice and issue opinions, not in conflict with its duties and responsibilities, when requested by other Governmental instrumentalities; (8) seek advice from Government experts or private consultants when necessary; (9) employ personnel into classified positions without following the certification and appointment procedures prescribed in section 526 of this title, and may employ such other employees by contract or otherwise as needed to execute the provisions of this chapter; (10) promulgate, pursuant to Virgin Islands laws, such rules and regulations as may be necessary to carry out the provisions of this chapter; (11) recommend changes in existing law that will assist the office of the V.I. Inspector General in performing its duties efficiently; and, (12) faithfully execute the provisions of this chapter and all laws relating thereto. (b) In addition to the authority otherwise provided by this chapter, the Office of the V.I. Inspector General may: (1) have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to the applicable entity which relate to programs and operations to which the Office of the V.I. Inspector General has responsibilities under this chapter; (2) make such investigations and reports relating to the administration of the programs and operations of the applicable entity as are, in the judgment of the V.I. Inspector General, necessary; (3) require by subpoena the production of all information, documentation, reports, answers, records, accounts, papers, other data and documentary evidence, and witnesses necessary in the performance of the functions authorized by this chapter. The subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any court of jurisdiction in the Virgin Islands; Provided, That, procedures other than subpoenas shall first be used by the V.I. Inspector General to obtain documents and information; (4) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the functions authorized by this chapter. An oath, affirmation, or affidavit, when administered or taken by or before an employee of the Office of the V.I. Inspector General designated by the V.I. Inspector General, shall have the same force and effect as if administered or taken by or before an officer having a seal; and (5) upon the request of either the Governor, the Legislature or on his own initiative, the Virgin Islands Inspector General shall conduct audits, inspections, and investigations of any recipient of funds from the treasury of Government of the Virgin Islands. (6) have direct and prompt access to the head of the entity involved, including the Chief Justice of the Supreme Court, the President of the Legislature, the Governor, the executive director of any instrumentality of government, and the chairman of any board or commission, when necessary for any purpose pertaining to the performance of functions and responsibilities under this Chapter. (c) No Virgin Islands Government official shall: (1) prevent or prohibit, or attempt to prevent or prohibit, the V.I. Inspector General from initiating, carrying out, or completing any audit, inspection, or investigation, or from issuing any subpoena in the course of any such activity; or (2) interfere or attempt to interfere with the V.I. Inspector General's performing any activity authorized by this chapter. (d) If the V.I. Inspector General has reasonable grounds to believe that any act prohibited by subsection (c) of this section has occurred, the V.I. Inspector General shall expeditiously and simultaneously notify the Governor, Chief Justice of the Supreme Court, or President of the Legislature, as appropriate. (e) In carrying out the powers, duties, and authority of this chapter, the Office of the V.I. Inspector General shall comply with generally accepted auditing standards established by the General Accounting Office and the American Institute of Certified Public Accountants. (f) In carrying out the powers, duties, and authority of this chapter, the Office of the V.I. Inspector General shall report expeditiously to the Attorney General whenever the V.I. Inspector General has reasonable grounds to believe there has been a violation of law. (g) Subsection (f) of this section shall not be construed to authorize the Attorney General to limit the authority of the V.I. Inspector General to conduct an investigation. (h) The V.I. Inspector General shall notify the Governor, Chief Justice of the Supreme Court, or President of the Legislature, as appropriate, within 30 business days after the Attorney General declines orally or in the writing to prosecute a matter referred, to or otherwise brought to the attention of the Attorney General pursuant to subsection (f) of this section. (i) To enforce the provisions of this chapter, any investigator of the Office of the V.I. Inspector General as designated by the V.I. Inspector General shall have the same powers and authorization as those of a peace officer to make arrests under title 5, section 3562 of this Code. History: Added Nov. 23, 1999, No. 6333, § 14(a), Sess. L. 1999, p. 188; amended Apr. 26, 2004, No. 6664, § 1, Sess. L. 2004, p. 26; July 31, 2004, No. 6677, § 8, Sess. L. 2004, p. 64; June 16, 2007, No. 6927, § 1, Sess. L. 2007, p. 42; amended July 30, 2016, No. 7888, § 9(a), (b), Sess. L. 2016, p. 113.

(a) The V.I. Inspector General may receive and investigate complaints or information from employees of the Government of the Virgin Islands concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to the public health or safety. (b) The V.I. Inspector General shall not, after receipt of a complaint or information from any employee, disclose the identity of the employee without the consent of the employee, except in accordance with a request of the Attorney General for the purpose of a criminal investigation. (c) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to the V.I. Inspector General, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. History: Added Nov. 23, 1999, No. 6333, § 14(a), Sess. L. 1999, p. 188.

(a) When used in this chapter, the terms: (1) "audit data" means the auditor's working papers, which include, but are not limited to, draft reports and documents containing the evidence to support the auditor's findings, conclusions, and judgments. They include the collection of evidence prepared or obtained by the auditor during the audit inspection or investigation; and (2) "audit report" means the final report issued after the auditee has had the opportunity to review and respond to its findings and recommendations. (b) Audit data shall be considered confidential information, pursuant to Title 3, section 881, subsection (g), Virgin Islands Code. Any authorized disclosure of audit, inspection, investigation information shall be subject to all applicable laws. (c) Audit reports are to be submitted to the appropriate officials of the audited organizations, to the appropriate officials of the organizations requiring or arranging for the audits, to the Governor and the Legislature of the Virgin Islands, unless legal restrictions, ethical considerations, or other arrangements prevent it. Unless restricted by law or regulations, copies of final audit reports shall be available for public inspection and for sale to the public at a reasonable fee. (d) Audit data and audit reports shall be kept by the Office of the V.I. Inspector General for a period of not less than five years, or until all findings have been cleared or otherwise settled to the satisfaction of the V.I. Inspector General. (e) The V.I. Inspector General shall submit to the Governor and the Legislature once a year an annual report summarizing the activities of the Office of the V.I. Inspector General for the preceding fiscal year. Such reports shall include, but not limited to: (1) a description of significant problems, abuses, and deficiencies relating to the Government's administration of its programs and operations disclosed by the investigative activities of the Office of the V.I. Inspector General during the reporting; (2) a description of the recommendation for corrective action made by the Office of the V.I. Inspector General during the reporting period, with respect to the significant problems, abuses, and deficiencies identified; (3) an identification of each significant recommendation described in previous annual reports on which corrective action has not been completed; (4) a summary of matters referred to the Attorney General and the prosecutions and convictions that have resulted; and, (5) a list of each audit and inspection report completed by the Office of the V.I. Inspector General during the reporting period. History: Added Nov. 23, 1999, No. 6333, § 14(a), Sess. L. 1999, p. 188.

(a) There shall be transferred to the Office of the V.I. Inspector General the office of the Virgin Islands Bureau of Audit and Control. (b) All employees of the Virgin Islands Bureau of Audit and Control whose duties are related to functions and responsibilities established by this chapter and who wish to transfer to the Office of the V.I. Inspector General, may do so. (c) The assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the functions, powers, and duties of which is transferred under subsection (a) of this Section is hereby transferred to the Office of the V.I. Inspector General. History: Added Nov. 23, 1999, No. 6333, § 14(a), Sess. L. 1999, p. 188.

The Legislature of the Virgin Islands finds and declares: That there exists a pool of talented, but unemployed, residents in the Territory; That the lack of employment opportunities makes it possible for these talented residents to loiter about Virgin Islands streets; to lead lives devoid of gainful activities, and to be susceptible to the criminal element in the Virgin Islands; That a professionally created and operated craft program aimed at placing these talented residents in gainful employment activities would benefit the Territory; That it is the purpose of this chapter to provide a program of gainful employment for these talented residents; That the Board's powers and authority created by this chapter are valid public undertakings within the meaning of this chapter. History: Added Feb. 17, 1988, No. 5326, § 1, Sess. L. 1988, p. 25.

The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, unless the context otherwise requires: (1) "Board" means the Virgin Islands Arts and Craft Factory Development Board. (2) "Craft" means training or an occupation requiring special skills, including the manual arts and the ability to produce handmade items for sale, as well as the object produced as the result of such skill. (3) "Factory" means a structure where craft is produced by talented persons, and displayed on open tour and sold to the public. (4) "Open tour" means the display of arts and crafts for visitors' observation in the Craft Factory. (5) "Qualified applicant" means a Virgin Islands resident: (A) who has resided in the territory for two years immediately preceding the date of his application; (B) who is unemployed, talented, skilled in the manual arts, and can reasonably be expected to perform craft work; and (C) who meets the other eligibility criteria that may be established by the Board. History: Added Feb. 17, 1988, No. 5326, § 1, Sess. L. 1988, p. 25.

Board There is hereby created a body corporate and politic constituting a public corporation and autonomous governmental instrumentality of the Government of the Virgin Islands to be known as the Virgin Islands Arts and Craft Factory Development Board. The affairs of the Board shall be managed by its officers as designated by resolution of the members. The Board of Directors shall consist of not less than nine (9) members who shall serve staggered three (3) year terms, and shall be selected as follows: (1) The Board shall be governed by a Chairman and shall have a Vice-Chairman, a Treasurer and a Secretary. Four (4) members shall be residents of St. Croix, four members shall be residents of St. Thomas, and one (1) member shall be a resident of St. John. Non-governmental members shall be compensated $40.00 per day for each day or fraction thereof spent in the business of the Board; provided that the Chairman of the Board shall be compensated on the basis of $60.00 per day; and provided further that not more than $240.00 may be paid to any non-governmental member within any one (1) month, nor more than $2,640.00 within a calendar year. The corresponding compensation for the Chairman of the Board shall be not more than $360.00 within any one (1) month and not more than $4,320 within a calendar year. (2) Five (5) members shall be representatives of the business, financial and general community, of which three (3) members shall be chosen by the Governor and two (2) members shall be chosen by the President of the Legislature; four (4) members shall be representatives of the low income sectors of the Virgin Islands population, of which two (2) members shall be chosen by the Governor and two (2) members shall be chosen by the President of the Legislature. No part of the net earnings of the Board shall inure to the benefit of, or be distributed to its members, except that the Board shall be authorized and empowered to otherwise pay reasonable compensation for services duly authorized and rendered, and to make payment distributions in furtherance of its purposes; provided, however, that no employee of the Government of the United States Virgin Islands who also serves as a member of the Virgin Islands Arts and Craft Factory Development Board may receive compensation from the Board for any services rendered or position held, except that reimbursement may be made for reasonable expenses incurred in the performance of duties while on authorized official business on behalf of the Board. History: Added Feb. 17, 1988, No. 5326, § 1, Sess. L. 1988, p. 25.

The Board shall have the following powers and responsibilities: (1) To hire such persons on contract with such institutions as the Board deems necessary to administer the decisions of the Board made pursuant to this section. (2) To make monies available for the purchase of items necessary in the production of craft. (3) To make craft available for display to the public. (4) To make rules and regulations consistent with the provisions of this section as are necessary or desirable to effectuate the purpose of this section, including but not limited to: (A) the time within which lending institutions must make commitments and disbursements for loans and (B) the charging and collecting of fees in connection with making, purchasing and servicing machines and equipment used to make craft. (5) To accept gifts, grants or loans of funds, insurance or guarantees, property, or services from any source, public or private, subject to the provisions of this section. (6) To acquire, convey, transfer, pledge, lease, hold and dispose of real and personal property for the purposes set forth in this section, including but not limited to (A) acquiring real or personal property, or any interest therein, on a temporary or permanent basis in the name of the Government by gift, purchase, transfer, foreclosure, lease or otherwise, including rights or easements in property; (B) disposing of property by public or private sale, subject to the Territory's bidding laws; and (C) operating and managing property in such a manner as may be necessary to protect the interest of the Government and the holders of its obligations. History: Added Feb. 17, 1988, No. 5326, § 1, Sess. L. 1988, p. 25.

This Act may be known and cited as the "The Virgin Islands Bureau of Narcotics and Dangerous Drugs Control Act." History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 151.

As used in this chapter the following terms are to be given the following meanings: (1) "Agents" mean members of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control; (2) "Bureau" means the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control; (3) "Director" means the Director of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control; and (4) "Board" means the Administrative Board of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 151, 152.

The V.I. Drug Enforcement Bureau heretofore existing within the Office of the Governor, is hereby renamed and continued within the executive branch of government as a semi-autonomous entity designated as the "Virgin Islands Bureau of Narcotic and Dangerous Drugs Control" (VIBNDDC), to be under the exclusive jurisdiction, control, and direction of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control Board. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 152.

Board There is hereby created a Virgin Islands Bureau of Narcotics and Dangerous Drugs Control Board that consists of seven members. The Board includes three ex officio members, the V.I. Attorney General, the Commissioner of the V.I. Department of Health and the Commissioner of the V.I. Police Department, whose terms are coterminous with those of the persons by whom they are appointed, and four appointed members. Of the four appointed members, two must be residents of the St. Croix District and two must be members of the St. Thomas/St. John District. The Governor shall appoint an initial Board within 30 days after the enactment of this chapter. Thereafter, appointments must be made by May 1, of each year. These members must be appointed by the Governor and confirmed by the Legislature of the Virgin Islands and may be removed only for cause. The term of office of the four appointed members is to be five years; however, the initial appointments to the Board are for the following terms as designated by the Governor: one member for a term of one year; one member for a term of two years; one member for a term of three years; one member for a term of four years. A member may serve more than one term on the Board. Each member shall continue to serve so long as the member is qualified until a successor has been appointed and confirmed by the Senate. Vacancies occurring during a term shall be filled for the unexpired portion of the term by the same procedure used to make the regular appointments. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 152.

The functions of the Bureau are limited to the following: (a) the enforcement of all drug and narcotic laws applicable to the Territory; (b) the investigation of reports of alleged drug trafficking, distribution and sale of narcotics and drug paraphernalia in the Virgin Islands; (c) the apprehension any person who engages in illegal drug trafficking or in the illegal distribution or sale of narcotics and its paraphernalia in the Virgin Islands and its territorial waters; and (d) conferring, consulting and cooperating with governmental departments and agencies that are engaged in drug and narcotic law enforcement on local, federal and regional levels. (e) establishing, implementing and maintaining a certification program for canines used in the detection of illegal drugs, as well as for their trainers or handlers. (f) In addition to the functions specified in this section, the members of the Bureau shall have the same law enforcement powers as police officers of the Virgin Islands Police Department including, but not limited to, peace officers status pursuant to title 5 V.I.C. § 3561. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 153.

(a) The Bureau is headed by a Director, who must be designated by a simple majority of the members of the Board, a quorum being present. The Director shall serve at the pleasure of the Board. Any acting Director shall serve only one period of not more than six months. (b) The preferred candidate shall demonstrate the following additional competencies: (1) experience as a trainer within a police or other law enforcement agency; (2) excellent organizational or human relations skills and abilities; (3) ability to communicate effectively with others; (4) knowledge of police organization, rules and procedures; (5) knowledge base in policing and drug enforcement investigative techniques to facilitate training others; and (6) experience in an investigative unit within a territorial, state or federal law enforcement agency or as a field agent in the Drug Enforcement Administration, Special Agent in the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms or similar federal law or drug enforcement agency, which may be substituted for preferred education and training, if the candidate possesses a minimum of a bachelor's degree in either law enforcement or the social sciences or ten years of progressively responsible experience as an administrator in criminal justice, law enforcement or justice administration programs, or any combination of these disciplines. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 153, 154.

Rights; Recall (a) All members of the Bureau, including those on loan from other local government departments or agencies, are accountable to and under the direct control and supervision of the Director. All performance ratings for the members of the Bureau must be completed by the Director, and reviewed and approved by the Board before considered final. The Director is responsible for creating regulations, subject to the Board's approval, to effectuate the purposes of the Bureau, not later than 60 days after his selection, which must be reviewed annually, and if needed, revised to insure the continued effective operations of the Bureau. (b) All members of the Bureau on leave from any other government departments or agencies do not lose their respective ranks and service seniority with those departments and agencies and shall accrue service seniority commensurate with their tenure with the Bureau, in addition to being entitled to take any promotional examinations that is administered to those departments' or agencies' employees during the Agents' tenure with the Bureau. Upon their successfully completing such examination, the Agents must be granted the same promotional consideration as the employees of the other departments or agencies involved in law enforcement. Likewise, the members are entitled to the same retirement benefits as police officers and other law enforcement officers of equal ranks of the V.I. Police Department. (c) The members of the Bureau are entitled to all present and future salary increases and all other present and future employment benefits that they would have received with the department or agency they were employed with immediately prior to their transfer to the Bureau, had they not been on leave from such department or agency to become a member of the Bureau; however, in no event may a member of the Bureau earn less than $30,000 per year, and the Director of the Division of Personnel, after consultation and agreement with the Director, shall develop a pay scale for compensation above the entry level salary for members of the Bureau in addition to secretarial, investigative and clerical personnel. (d) Those agents who are members on leave from another department or agency shall have their salaries paid by said departments or agencies as certified by the Board. (e) Officers from the Virgin Islands Police Department or other law enforcement agencies must be freely granted favorable consideration by the Police Commissioner on their request for transfer or leave of absence to join the Bureau, but such transfer is subject to the Governor's approval. (f) An employee loaned, transferred, or temporarily assigned to the Bureau may not be recalled or otherwise severed from the Bureau without the prior written consent of the Governor. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 154, 155.

(a) The Director of the Bureau, in addition to other powers and duties vested in the Director may do the following: (1) Cooperate with federal and other local agencies in discharging his responsibilities concerning traffic in narcotics and dangerous substances and in suppressing the abuse of dangerous substances; (2) Arrange for the exchange of information between governmental officials concerning the use and abuse of dangerous substances; (3) Coordinate and cooperate in the training programs for law enforcement personnel at district and territorial levels regarding dangerous controlled substances; (4) Establish a centralized unit within the Bureau which accepts, catalogs, files and collects statistics, including records of drug-dependent persons and other dangerous substance law offenders within the territory, makes such information available for federal, state and local law enforcement purposes and collects and furnishes such statistics for other appropriate purposes; and (5) Coordinate and cooperate in programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled dangerous substances may be extracted. (b) Results, information and evidence received from the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control relating to the regulatory functions of this chapter, including results of inspections conducted by the Bureau at agency, may be relied upon and acted upon by the Director in conformance with his regulatory functions under this chapter. (c) The Director shall: (1) Coordinate and cooperate in educational programs designed to prevent and deter misuse and abuse of controlled dangerous substances; (2) Promote better recognition of the problems of misuse and abuse of controlled dangerous substances within the regulated industry and among interested groups and organizations; (3) Assist the regulated industry, interested groups and organizations in contributing to the reduction of misuse and abuse of controlled dangerous substances; (4) Assist in evaluating procedures, projects, techniques and controls conducted or proposed as part of educational programs on the misuse and abuse of controlled dangerous substances; (5) Disseminate the results of research on the misuse and abuse of controlled dangerous substances to promote a better public understanding of what problems exist and what can be done to combat them; (6) Assist in the education and training of local law enforcement officials in their efforts to control the misuse and abuse of controlled dangerous substances; (7) Conduct an annual seminar attended by selected law enforcement officers in order to teach new techniques and advances in the investigation of violations of the Uniform Controlled Dangerous Substances Act; (8) Encourage research on misuse and abuse of controlled dangerous substances; (9) Cooperate in establishing methods to assess accurately the effects of controlled dangerous substances and to identify and characterize controlled dangerous substances with potential for abuse; (10) Cooperate in making studies and in undertaking programs of research to: (A) develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter, (B) determine patterns of misuse and abuse of controlled dangerous substances and the social effects thereof, and (C) improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled dangerous substances. (c) The Director may enter into contracts with public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on the misuse and abuse of controlled dangerous substances. (d) The Director may authorize persons engaged in research or scientific activities on the use and effects of dangerous substances to withhold the names and other identifying characteristics of persons who are the subjects of such research. Persons who obtain this authorization may not be compelled in any state civil, criminal, administrative and legislative or other proceeding to identify the subjects of research for which such authorization was obtained. (e) The Director may authorize the lawful possession, distribution and use of controlled dangerous substances by persons engaged in research or scientific activities; authorization for possession of controlled dangerous substances may be extended to persons engaged in a program of drug education or persons in the performance of an official duty. Persons who obtain this authorization shall be exempt from prosecution for possession, distribution or use of dangerous substances to the extent authorized by the Director. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 155-158.

(a) Annually the Board shall select one its members to serve as chair and one member to serve as vice- chair. The Board shall meet at least quarterly. The chair shall preside at all meetings and shall have the power to call meetings of the Board. In addition, meetings of the Board may be called by a majority of the members. The vice-chair shall perform these functions in the absence or incapacity of the chair. A quorum of four members of the Board shall be necessary to conduct any official business. All actions taken by the Board must be by a simple majority vote of a quorum. In the event of a tie vote, the measure being voted upon must be deemed to have failed. (b) The Board shall adopt regulations of procedure for the orderly performance of its functions. (c) Members of the Board shall serve without salary, but may be reimbursed for expenses reasonably incurred in the exercise of their lawful duties. Additionally, Board members are entitled to per diem and travel expenses consistent with title 3, chapter 5, section 65 of this title. (d) The Board has the following powers and duties: (1) To appoint the Director of the Bureau whose compensation is determined by the Board, but in no event may be lower than the lowest paid Commissioner in the executive branch of government; (2) To establish general procedures with regard to assisting law enforcement officers and prosecutors; and (3) To establish a program of training for Agents utilizing such courses as the National Police Academy conducted by the Federal Bureau of Investigation. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 158.

Investigation; Subpoena Power (a) Notwithstanding 3 V.I.C., 114(6), the Director of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control may employ attorneys, or contract with attorneys, as needed. These attorneys may advise the Director, the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control Board and Bureau personnel on all legal matters and shall appear for and represent the Director, the Board and Bureau personnel in all administrative hearings and all litigation or other proceedings that may arise in the discharge of their duties. (b) At the request of the Director, the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control Board, or the Attorney General, such attorney may assist the Attorney General in prosecuting charges of violators of the Virgin Islands Controlled Substances Law. If a conflict of interest would be created by such attorney's is [sic] representing the Director, Board or Bureau personnel, additional counsel may be hired upon approval of the Board. (c) In carrying out his functions under this chapter, the Director may hold hearings, sign and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in the Virgin Islands. (d) Except as otherwise provided in this chapter, notice must be given and hearings must be conducted under appropriate procedures prescribed by the Director. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 158, 159.

(a) In any investigation relating to the Director's functions under this section with respect to controlled substances, the Director may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records, including books, papers, documents, and other tangible things which constitute or contain evidence, that the Director finds relevant or material to the investigation. (b) A subpoena issued under this section may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it is proof of service. (c) In the case of contumacy by or refusal to obey a subpoena issued to any person, the Director may invoke the aid of the V.I. Superior Court. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 159, 160.

(a) The Bureau is comprised of one Director and such Agents, secretarial, investigative and clerical personnel as are necessary or desirable as determined by the Director within the scope of legislative appropriations made therefor. All other money, gifts, property, proceeds from rent, sales, and all other gifts and contributions, including but not limited to financial or property gifts received by the Bureau, must be placed in the account or accounts, as authorized to be established under this section. (b) (1) The Director may establish within the Bureau an account or system of accounts and records, and an appropriate bank account for quarterly deposits of allotted funds and for prompt payment of operating expenses of the Bureau except salaries and fringe benefits. All other money, gifts, property, proceeds from rent, sales, and all other gifts and contributions, including but not limited to financial or property gifts received by the Bureau, shall be placed in the account or accounts, as authorized to be established under this section. The use and disposal of the money and assets identified in this subsection must be determined by the Board and the money and property identified in the accounts shall remain available until expended in accordance to the authorization of the Board. (2) The Director of the Office of Management and Budget shall make quarterly allotments of the annual appropriation to the Bureau. (3) The Bureau shall submit to the Department of Finance by the 30th day of the month following the end of each quarter a quarterly report detailing the amount, the nature and justification of each item of expenditure in the previous quarter. The report must be accompanied by receipts and any other documentation required by the regulations of the Department of Finance's or by other laws of the Virgin Islands. The Bureau shall compile and submit an annual report to the Department of Finance and to the Legislature by the 30th day of the month following the end of the fiscal year. (4) The Director shall prepare and submit an annual budget for salaries and expenses of the Bureau to the Legislature History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 160, 161.

The Director shall make an annual report to all members of the Board. The report must contain, at a minimum, a brief scary of all cases handled by the Bureau the preceding year, as well as the activities in which the Bureau participated. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 161.

Dangerous Drugs Control For Lawful Possession of Dangerous Drugs And/or Narcotics (a) Every person who manufactures, distributes, dispenses, prescribes, administers or uses for scientific purposes, including the police sciences any controlled dangerous substance within this territory, or who proposes to engage in the manufacture, distribution, dispensing, prescribing, administering or use for scientific purposes, including the police sciences of any controlled dangerous substance within this territory shall obtain a registration issued by the Director of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control, in accordance with rules promulgated by the Director. (1) Persons registered by the Director pursuant to this chapter to manufacture, distribute, dispense, or conduct research with controlled dangerous substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this chapter. (2) Every wholesaler, manufacturer or distributor of any drug product containing pseudoephedrine or phenylpropanolamine, or their salts, isomers, or salts of isomers shall obtain a registration issued by the Director of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control in accordance with rules promulgated by the Director. (b) Out-of-the territory pharmaceutical suppliers who provide controlled dangerous substances to individuals within this the territory shall obtain a registration issued by the Director of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control, in accordance with rules promulgated by the Director; provided that this provision shall not apply to wholesale distributors who ship controlled dangerous substances to pharmacies or other entities registered within this territory in accordance with rules promulgated by the Director. (c) Manufacturers, distributors, home care agencies, hospices, home care services, drug-detecting canine trainers or handlers and scientific researchers shall obtain a registration annually. Other practitioners shall obtain a registration for a period to be determined by the Director which must be for a period not less than one year nor more than three years. (d) Notwithstanding the provisions of this section, the following persons are not required to register and may lawfully possess controlled dangerous substances under this chapter: (1) An agent, or an employee of any registered manufacturer, distributor, dispenser or user for scientific purposes of any controlled dangerous substance, if such agent is acting in the usual course of such agent's or employee's business or employment and the employer has a current Virgin Islands registration; (2) An ultimate user or a person in possession of any controlled dangerous substance pursuant to a lawful order of a practitioner; (3) An individual pharmacist acting in the usual course of such pharmacist's employment with a pharmacy with a current registration; (4) Registered nurses and licensed practical nurses while acting pursuant to the authority of an individual or other entity with a current registration. (e) The Director may, by regulation, waive the requirement for registration or fee for registration of certain manufacturers, distributors, dispensers, prescribers, administrators, or users for scientific purposes if the Director finds it consistent with the public health and safety. (f) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, dispenses, prescribes, administers, or uses for scientific purposes controlled dangerous substances. (g) The Director may inspect the establishment of a registrant or applicant for registration in accordance with regulations promulgated by the Director. (h) No person engaged in a profession or occupation for which a license to engage in such activity is provided by law may be registered under this chapter, unless such person holds a valid license of such person's profession or occupation. (i) Registrations are issued on the first day of January of each year. Registrations may be issued at other times, however, upon certification of the professional licensing board. (j) The licensing boards of all professions and occupations to which the use of controlled dangerous substances is incidental shall furnish a current list of the persons holding valid licenses to the Director not later than the first day of October of each year. All such persons except persons exempt from registration requirements under subsection (d), (e) or (h) of this section are subject to the registration requirements of subsections (a), (b) and (c) of this section. (k) The licensing board of any professional defined as a mid-level practitioner shall notify and furnish to the Director, not later than the first day of October of each year that such professional holds a valid license, a current listing of individuals licensed and registered with their respective boards to prescribe, order, select, obtain and administer controlled dangerous substances. The licensing board shall immediately notify the Director of any action subsequently taken against any such individual. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 161-163.

(a) The Director of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control shall register an applicant to manufacture, distribute, dispense, prescribe, administer or use for scientific purposes controlled dangerous substances included in Schedules I through V of 19 V.I.C., 595 unless the Director determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered: (1) Maintenance of effective controls against diversion of particular controlled dangerous substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific or industrial channels, including examination of the fitness of his or her employees or agents to handle dangerous substances; (2) Compliance with the applicable law of the Virgin Islands; (3) Whether an applicant has been found guilty of, entered a plea of guilty or nolo contendere to a charge under the Uniform Controlled Dangerous SubstanUniform Controlled Dangerous Substances Actderal law relating to any substance defined herein as a controlled dangerous substance or any felony under the laws of any state, territory or the United States; (4) Furnishing by the applicant false or fraudulent material information in any application filed seeking a registration with the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control; (5) Past experience in the manufacture, distribution, dispensing, prescribing, administering or use for scientific purposes of controlled dangerous substances, and the existence in the establishment of effective controls against diversion; (6) Denial, suspension or revocation of the applicant's federal registration to manufacture, distribute or dispense controlled dangerous substances as authorized by federal law; and (7) Such other factors as may be relevant to and consistent with the public health and safety. Nothing herein may be deemed to require individual licensed pharmacists to register under the provisions of the Uniform Controlled Dangerous Substances Act. (b) Registration granted under subsection (a) of this section does not entitle a registrant to manufacture, distribute, dispense, prescribe, administer or use for scientific purposes controlled dangerous substances in Schedule I or II other than those specified in the registration. (c) (1) Practitioners must be registered to dispense, prescribe, administer or use for scientific purposes substances in Schedules II through V if they are authorized to carry on their respective activities under the laws of this territory. A registration application by a practitioner who wishes to conduct research with Schedule I substances must be accompanied by evidence of the applicant's federal registration to conduct such activity and shall be referred to the Medical Research Commission for advice. (2) The Medical Research Commission shall promptly advise the Director concerning the qualifications of each practitioner requesting such registration. (3) Registration for the purpose of bona fide research or of use for scientific purposes with Schedule I substances by a practitioner deemed qualified by the Medical Research Commission may be denied if there are reasonable grounds to believe that the applicant will abuse or unlawfully transfer such substances or fail to safeguard adequately such applicant's supply of such substances against diversion from legitimate medical or scientific use. (d) (1) The Director shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, dispensing, prescribing, administering or use for scientific purposes of any controlled dangerous substances prior to January 1, 2011, and who are registered or licensed by the territory. Fees for registration under this section are as follows: Manufacturers, Distributors and Wholesalers $300.00 annually All other Registration $100.00 annually (2) A registrant shall pay double the amount of the above-listed fee for any renewal of registration received more than thirty 30 days late. (3) A Ten Dollar ($10.00) fee is charged for a duplicate registration certificate. (e) Compliance by manufacturers and distributors with the provisions of the Federal Controlled Substances Act, 21 U.S.C., Section801 et seq., respecting registration, excluding fees, is sufficient to qualify for registration under this chapter. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 163-165.

(a) A registration, pursuant to section 1227 of this chapter, to manufacture, distribute, dispense, prescribe, administer or use for scientific purposes a controlled dangerous substance must be limited, conditioned, denied, suspended or revoked by the Director upon a finding that the registrant: (1) Has materially falsified any application filed pursuant to this chapter or required by this chapter; (2) Has been found guilty of, entered a plea of guilty, or entered a plea of nolo contendere to a misdemeanor relating to any substance defined herein as a controlled dangerous substance or any felony under the laws of any state or the United States; (3) Has had his federal registration retired, suspended, or revoked by a competent federal authority and is no longer authorized by federal law to manufacture, distribute, dispense, prescribe, administer or use for scientific purposes controlled dangerous substances; (4) Has failed to maintain effective controls against the diversion of controlled dangerous substances to unauthorized persons or entities; (5) Has prescribed, dispensed or administered a controlled dangerous substance from schedules other than those, specified in his state, territory or federal registration; (6) Has had a restriction, suspension, revocation, limitation, condition, or probation placed on his professional license or certificate or practice as a result of a proceeding pursuant to the general statutes; (7) Is abusing or, within the past five years, has abused or excessively used drugs or controlled dangerous substances; (8) Has prescribed, sold, administered, or ordered any controlled substance for an immediate family member, himself; provided that this does not apply to a medical emergency when no other doctor is available to respond to the emergency; (9) Has possessed, used, prescribed, dispensed or administered drugs or controlled dangerous substances for other than legitimate medical or scientific purposes or for purposes outside the normal course of his professional practice; (10) Has been under the influence of alcohol or another intoxicating substance which adversely affected the central nervous system, vision, hearing or other sensory or motor functioning to such degree the person was impaired during the performance of his job; or (11) Has violated any federal law relating to any controlled substances, any provision of the Uniform Controlled Dangerous Substances Act, as adopted by the Virgin Islands or any provision of the Virgin Islands Controlled Substances Law contained 19 V.I.C. 591 et seq., or any rules of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control. (b) (1) In the event the Director suspends or revokes a registration granted under section 1227 of this chapter, all controlled dangerous substances owned or possessed by the registrant pursuant to such registration at the time of denial or suspension or the effective date of the revocation order, as the case may be, may in the discretion of the Director be impounded and preserved. (2) No disposition may be made of substances impounded and preserved until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefore, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. (3) Upon a revocation order's becoming final, all such controlled dangerous substances must be forfeited to the territory. (c) The Drug Enforcement Administration must promptly be notified of all orders suspending or revoking registration and all forfeitures of controlled dangerous substances. (d) In lieu of or in addition to any other remedies available to the Director, if a finding is made that a registrant has committed any act in violation of federal law relating to any controlled substance, any provision of the Uniform Controlled Dangerous Substances Act, as adopted by the Virgin Islands or any provision of the Virgin Islands Controlled Substances Law contained 19 V.I.C., 591 et seq., or any regulation of the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control, the Director may assess an administrative penalty not to exceed $2,000 for each such act. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 165-167.

(a) Before denying, suspending or revoking a registration or refusing a renewal of registration, the Director shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended or why the renewal should not be refused. (1) The order to show cause must contain a statement of the basis therefore and must call upon the applicant or registrant to appear before the appropriate person or agency at a time and place within 30 days after the date of service of the order, but in the case of a denial or renewal of registration the show cause order must be served within thirty (30) days before the expiration of the registration. (2) (A) These proceedings must be conducted in accordance with any AdministrAdministrative Procedures Actby the territory or similar statute, or regulations of the Bureau promulgated pursuant to section 1220 of this chapter, which in whole or in part must either be applicable to or serve as the basis of the procedural provisions governing the Virgin IsVirgin Islands Bureau of Narcotics and Dangerous Drug Control Actcedural provisions must provide for investigation of charges by the Bureau; notice of charges to the accused; an opportunity for a fair and impartial hearing for the accused before the Bureau; an opportunity for representation of the accused by counsel; the presentation of testimony, evidence and argument; subpoena power and attendance of witnesses; a record of proceedings; and judicial review by the courts in accordance with the standards established by the jurisdiction for such review. The Bureau shall have subpoena authority to conduct comprehensive reviews of the accused person's or entity's office records and administrative authority, upon demonstrating a substantial need, to access otherwise protected or confidential records. (B) The Bureau may use preponderance of the evidence as the standard of proof in its role as trier of fact. (3) Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing. (b) The Director shall suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under section 1229 of this chapter, if the Director finds there is imminent danger to the public health or safety which warrants this action. The suspension must continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the Director or dissolved by a court of competent jurisdiction. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, pp. 167, 168.

Upon the conviction of any person of the violation of any provision of this chapter, a certified copy of the judgment of conviction must be sent by the clerk of the court to the Director and to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 168.

Persons registered to manufacture, distribute, or dispense controlled dangerous substances under this chapter shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with the additional regulations the Director issues History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 169.

(a) The Board of Directors of the Bureau may, upon recommendation of the Director, hire a Deputy Director who shall serve until removed for just cause as so determined by the Board. (b) The base salary for the Deputy Director must be between 85%-92% of the base salary for the Director. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 169.

(a) All former non-agent employees of the Virgin Islands Drug Enforcement Bureau who were transferred or assigned to other territorial law enforcement and government agencies and who currently are working in other territorial law enforcement and government agencies must, unless they otherwise express a contrary intent pursuant to section 1235 of this chapter, be reinstated into the Virgin Islands Bureau of Narcotics and Dangerous Drugs Control. (b) Bureau staff positions must be consistent and compliant with personnel classification, regulations, and provisions of this Act. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 169.

The Government shall have 15 days after enactment of this chapter to notify in writing all employees that were transferred or assigned out of the Virgin Islands Drug Enforcement Bureau as to the reinstatement provisions of section 1234 and as to the employees' right to declare their intent to return to the agency or remain employed with the agency to which they are currently assigned. Such employees shall thereafter notify the Director of the V.I. Division of Personnel in writing within 15 days after their receipt of notice of their intent to remain in their current assignments or positions. History: Added Sept. 20, 2010, No. 7194, § 2, Sess. L. 2010, p. 169.