ST. THOMAS – The Committee on Government Operations, Veterans Affairs, and Consumer Protection Chaired by Sen. Carla J. Joseph met in the Earle B. Ottley Legislative Hall. Lawmakers considered various measures honoring Virgin Islanders, a measure changing the name of the Virgin Islands Taxicab Commission and its duties, and a measure relating to permit requirements for vehicles brought into the territory. Approved items on today’s agenda were forwarded to the Committee on Rules and Judiciary for further consideration.
Lawmakers considered Bill No. 35-0286, An Act honoring and commending Verne Antonio Hodge for his years of dedicated service to the people of the Virgin Islands and its jurisprudence by renaming the Superior Court of the Virgin Islands, St. Thomas/St. John, the “Judge Verne A. Hodge Superior Court of the Virgin Islands”. The measure was sponsored by Senators Kenneth L. Gittens, Angel L. Bolques, Jr., Marvin A. Blyden and Carla J. Joseph.
The Hon. Rhys S. Hodge, Chief Justice of the Virgin Islands, spoke highly of Judge Emeritus Verne A. Hodge, calling him a founding father of the Virgin Islands Judiciary. Verne A. Hodge graduated Magna Cum Laude from Hampton University in 1956 and served in the US Army. He later enrolled in the Howard University School of Law, earning his Juris Doctor degree in 1969. He later was admitted to the Virgin Islands Bar Association, and served in private practice until 1973, when he became the Attorney General of the Virgin Islands, under Governor Cyril E. King. Hodge was appointed the Presiding Judge of the then newly established Territorial Court in 1976. Hodge is also greatly recognized for the creation of the Rising Stars Youth Steel Orchestra, established in 1981 as a crime prevention and diversion program. It is said that he built the modern-day Virgin Islands Superior Court, financing and constructing the RH Amphlett Leader Complex on St. Croix, the Alexander A. Farrelly Justice Center on St. Thomas and established a court presence on St. John. Verne A. Hodge retired as a Presiding Judge in 1999.
The Hon. Maria M. Cabret, Associate Justice of the Supreme Court supported the measure. Cabret stated that Hodge managed the expansion of the Territorial Court from limited civil jurisdiction to unlimited civil jurisdiction and to original jurisdiction in all criminal actions. Cabret referred to him as a “caring, compassionate leader,” stating that he was always available when needed. Bridget Hodge, daughter of Verne A. Hodge, stated that his entire life has been about service to the people of the Virgin Islands. She stated that he is a humble human with a deep and abiding love for his people, community and his family, and a fearless and staunch defender and civil rights and justice for all.
The Hon. Debra Smith-Watlington, Presiding Judge of the Superior Court of the Virgin Islands, stated that the bill is a fitting tribute to a man she called a Virgin Islands jewel. Smith-Watlington said she considered him to be one of the most impactful, influential, and brilliant individuals in the Virgin Islands. She called him a brilliant jurist, a consummate politician, and an exceptional human being. She stated that Judge Hodge has an exceptional ability to maintain relationships with everyone, including political aspirants, senators, and every governor regardless of political affiliation. She stated that his success was everyone else’s success. Brenda J. Hollar, Retired Judge of the Superior Court of the Virgin Islands spoke of Hodge favorably and called him the big brother she never had. She thanked Hodge for always being available to brainstorm. She spoke of his selflessness, stating that he helped the disenfranchised, and the disadvantaged. After discussion, the measure was voted upon favorably.
Lawmakers also vetted Bill No. 35-0251, An Act amending Title 3 Virgin Islands Code, chapter 16, section 274 relating to the changing of the name of the Virgin Islands Taxicab Commission to the Virgin Islands Taxicab and Limousine Commission and giving oversight authority to the Virgin Islands Taxicab and Limousine Commission over limousine services operators, and for other related purposes. The measure was sponsored by Senator Marvin A. Blyden.
Horace Graham, Assistant Commissioner of the Department of Licensing and Consumer Affairs voiced over the proposed measure. Graham stated that while the proposed measure was well intended, it would create operational challenges. The Virgin Islands Taxicab Commission currently only has four employees in the territory and said adding limousine regulation would strain its resources. Graham stated that limousine services cater to a niche market, unlike traditional taxis. DLCA currently oversees sixty-five licensed limousine providers in the territory and ensures compliance with existing laws. Additionally, Graham stated that the section of the proposed measure mandating dress codes and drug testing for limousine operators was unfair because there is no similar requirement for taxi drivers. also urged lawmakers to focus on the ride-sharing economy, which he stated posed a greater challenge to local transportation.
Elizabeth Hansen-Wattley, Acting Chair of the Taxicab Commission Board, commended the measure, but voiced additional concern. She suggested the more inclusive name of “The Virgin Islands Vehicle for Hire Commission.” Hansen-Wattley stated that discussion should be had about the lack of funding that the Commission has been experiencing in addition to the cost of operation. She stated that a clear funding source and budget should be set that would allow for the stability of the Commission operations, as well as additional funding for recruitment and hiring of additional officers, inspectors, and support staff. Additionally, power of oversight and regulations should fall under the authority of the Taxicab commission board if the bill were to pass, giving the same authority over limousines as is given over taxis and other vehicles for hire. According to Hansen-Wattley, as the bill is currently written, limousines would function as it does under the Department of Licensing and Consumer Affairs until the legislation is implemented to change it. She suggested that a category of operations under the newly created commission include rules and regulations specific to “passenger for hire” vehicles that would include limousines and rideshare services. Furthermore, she recommended the collaboration of DLCA, Taxicab Commission and the BMV to create the best method of operations to prepare for a transfer of operations from DLCA to TCC within a year of passage of the measure.
Vernice Gumbs, Executive Director of the Virgin Islands Taxicab Commission suggested a more inclusive name change to the “Virgin Islands Vehicle for Hire Regulatory Commission, which she said would better reflect the full range of for hire vehicles. Gumbs recommended that for hire vehicle operators, including limousine drivers obtain a “Class C” Operator endorsement on their license, with a clear deadline for compliance. Furthermore, Gumbs recommended numerous changes to the bill, proposing that the Taxicab Commission should issue business licenses instead of permits and urged the Department of Licensing and Consumer Affairs to provide the Commission with current rules and regulations. She recommended that language be added to cover rideshare services. Pedro K. Williams, licensed attorney, appeared on behalf of his client, Chris Limousine, LLC. Williams voiced concern as to why additional regulatory authority would be added to a body that was dysfunctional and voiced the reason as to why this was being considered unless the entity was functional. Williams stated that facts did not support the idea that limousine and taxi services should be regulated by the same entity. Williams stated that he did not see that the bill was accomplishing its purpose just by changing the name and recommended that more substantive changes be made to the Virgin Islands Code.
Chris Watson, CEO of the Tropical Adventure Group did not believe that the bill was necessary, stating that current regulations were functioning properly. He stated that while he supported some aspects of the proposed measure, he believed that the proposal was opposed by many limousine operators. He stated that the proposed adoption of a dress code was not favorable, as hotel guests preferred a more casual and relaxed retire from drivers. Watson stated that he supported drug testing, but voiced concern about entrusting the Taxicab Commission with limousine services, referencing its current long-standing issues. Kerry Harrigan of Blue Executive Services and Transportation LLC voiced support for the measure, stating that it would create a unified regulatory body to oversee both taxicabs and limousines. Additionally, he stated that it would enhance consumer protection, ensuring fair pricing, safety, and quality service. He stated that it would enable support for local businesses and would enable economic growth. Mervin Smith, President of the East End Taxi Association supported the measure saying that it would correct a wrong that was he says done to the taxi industry when limousines were removed from under the Taxicab Commission and placed under the Department of Licensing and Consumer Affairs. He stated that we wanted to see the bill strengthened that would stop the infringement on the taxi industry. However, after extensive discussion, the proposed bill was held in Committee at the call of the Chair.
Lawmakers also vetted Bill No. 35-0231, An Act amending Title 20 Virgin Islands Code, part II, Chapter 32, subchapter I, section 225c, relating to permit requirements for vehicles brought into the territory, to exempt authorized dealers from the permit requirements but require them to present a bill of lading. The measure was sponsored by Senator Alma Francis Heyliger.
Justin Workman, Director of Operations at Drive Green VI expressed support of the proposed measure. Workman stated that considering the number of vehicles that are brought in on a regular basis, the current bill requires licensed auto dealers to secure a temporary moving permit from the BMV for each vehicle. The process would create an enormous strain on operations creating an unnecessary use of time, logistics, and costs. Workman also stated that the shipping companies and docks are also affected due to limited operating space, and it is important that cargo is removed as quickly as possible to upload incoming new cargo. Providing the BMV with the coordinating Bill of Lading, the BMV would have sufficient record of the vehicles being brought into the territory.
Testimony was read into the record from Barbara Jackson-Mcintosh, Director of the Bureau of Motor Vehicles. Jackson-Mcintosh voiced opposition to the proposed measure, stating that removing the provision that provides for immediate communication with the BMV is a step backwards for enforcement. Jackson-Mcintosh stated that the amendment is removing the important tool from law enforcement, and all citizens who would need to know if the vehicle is involved in an accident, causing death or major injuries or if the vehicles is abandoned on private property or near a roadway. Jackson Mcintosh’s testimony stated that the current protection benefits all Virgin Islanders. She suggested the BMV be appropriated $150,000 so dealers and shipping companies can directly report to the BMV without accessing the database. However, with further discussion, the proposed measure was held in Committee at the call of the chair.
Additionally, Senators considered Bill No. 35-0285, An Act honoring and commending Bryan “Benny-Demus” Boulai for his outstanding achievements in the music and entertainment industries and for his contributions to the Virgin Islands community, awarding him The Official Key to the Virgin Islands. The measure was sponsored by Senators Ray Fonseca and Angel Bolques Jr.
Calvert White, Commissioner of the Department of Sports, Parks and Recreation, testified to support the measure. White traced his friendship with Boulai back to 1991 as they bonded over their shared love of basketball, and his rise to fame as a famed DJ and producer. He highlighted his loyalty to his roots, his philanthropy through the DEMUS Foundation, and his humility despite his success. Theron Thomas, a part of the group Rock City stated that there would be no Rock City without him and called him a Virgin Islander for Virgin Islands. Tony Rosario, from Westline Productions, who has known Boulai for decades stated that he had always admired his focus, tenacity, and lifelong love of the Virgin Islands and Culture. Boulai has served as a DJ, producer for the Virgin Islands group Rock City, and is now serving as its road manager. He stated that he was honored to know Boulai and could not think of anyone more deserving of the honor. The proposed measure was voted upon favorably.
Senators present at today’s Committee hearing included Chairwoman Carla J. Joseph, Vice-Chairman Javan E. James, Sr., and Committee members Samuel Carrión, Ray Fonseca, Alma Francis Heyliger, Kenneth L. Gittens, and Milton E. Potter. Non-Committee members present were Senators Angel L. Bolques, Jr., Marvin A. Blyden, Dwayne M. Degraff, Novelle E. Francis, Jr., and Donna A. Frett-Gregory.
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