ST. THOMAS, VI– The Committee on Rules and Judiciary, chaired by Senator Carla J. Joseph 

met in the Earle B. Ottley Legislative Hall. Lawmakers met to consider nominations to boards and consider several measures. Approved items on today’s agenda will be forwarded to the full body at the next scheduled legislative session.  

Lawmakers approved the following nominations: 

• Joan P. Foy to the Virgin Islands Water and Power Authority Board. 

• Mark M. Wiechnik, Esq. to the Virgin Islands Historic Preservation Commission. 

Chair Joseph stated that these are vital boards that play a role in the economic growth and sustainability of the Virgin Islands. Joseph thanked the nominees for their willingness to serve.  

Senators considered Bill No. 36-0140, An act amending title 3 Virgin Islands Code, chapter 22, section 403, clarifying the term of service for members of the Historic Preservation Commission. The measure was sponsored by Senator Avery L. Lewis. 

Sean Krigger, Director of the Virgin Islands State Historic Office at the Department of Planning and Natural Resources, voiced support for the measure. Krigger and DPNR Commissioner Jean-Pierre Oriol stated they supported the measure if subsection c was maintained, which allows members to serve until the appointment and qualification of their successor.  The adjustment of the term would change from a staggered one-year term and two-year term system to a balanced two-year term for all members. Krigger also implored the body to correct the name of the fund to the “Virgin Islands Reconstruction and Rehabilitation Fund.”  The proposed measure was voted upon favorably.  

Lawmakers also considered Bill No. 36-0141, An act amending title 3 Virgin Islands Code, chapter 22, section 415 to add a term of service for appointees to the Board of Physical Therapy. Additionally, policymakers considered Bill No. 36-0142, an act amending title 27 Virgin Islands Code, chapter 17, section 45, by changing the maximum number of members of the Board for the Licensing of Barbering and Cosmetology. Both measures were proposed by Senator Avery L. Lewis.  

Concerning Bill 36-0141, Chair Joseph stated that the Department of Health, which was unable to attend the hearing, submitted testimony in favor of the proposed measure, citing no objection.  H. Nathalie Hodge, Commissioner of the Department of Licensing and Consumer Affairs delivered testimony, saying that the department supported both Bill 36-0141 and Bill 36-0142. Hodge stated that as it pertained to Bill 36-0141, the Department does not certify physical therapists or other healthcare professionals. The Virgin Islands Board of Physical Therapy is responsible for overseeing physical therapy licensure and related regulations within the territory. DLCA interacts with the Office of Professional Licensure and Health Planning to clarify that the qualifications and standards required for physical therapists and physical therapist assistants to obtain licensure in the US Virgin Islands are met. Hodge stated that she believed that adding language clarifying the length of the term of as three years and that they could serve until appointed would ensure continuity of operations and maintaining stability and oversight and regulatory functions of territorial boards. 

In support of Bill No. 36-0142, Hodge said that the current language says that the board shall consist of seven members to be appointed by the governor, two of whom shall be licensed barbers, three of whom shall be licensed beauticians, and two shall be licensed aestheticians. Not more than two members shall reside on any island. The word “island’ would be replaced with “district” and would increase the allowable number of members who may reside on any island from two to three. Hodge said that the modernization of the language would provide greater appointment flexibility, improve operational continuity, and ensure equitable representation. The use of the term “island” often restricts the governor’s ability to appoint qualified candidates when licensed practitioners reside more on one island or the other.  

According to Hodge, the limitation has often delayed appointments and has prevented the board from meeting quorum, hindering the processing of licenses and examinations.  This would allow for a broader pool of qualified professionals to select from each district and would allow for uninterrupted operation of the board.  Hodge said that the current “island based” membership restriction for the board is impractical. According to data from DLCA, St. John has 14 total licensed professionals, St. Croix has 136, and St. Thomas has 177.  Furthermore, Hodge stated that moving to a district-based model would combine the professional pools of St. Thomas and St. John and would allow vacancies to be filled more quickly. Both Bill 36-0141 and Bill 36-0142 were voted upon favorably.  

Senators also approved the following measures:  

• Bill No. 36-0083 – An act establishing a 90-day amnesty period for the waiver of penalties for payment of outstanding property taxes, income taxes, and gross receipt taxes for all tax years to assist taxpayers and businesses recovering from the aftermath of Hurricanes Irma and Maria and Tropical Storm Ernesto. The measure was sponsored by Senators Kenneth L. Gittens and Novelle E. Francis, Jr. 

• Bill No. 36-0119 – An act amending Act No. 8651 by reprogramming the appropriated funds to the Department of Sports, Parks, and Recreation to fund the completion of the Randall “Doc” James Racetrack on St. Croix. The measure was sponsored by Senators Avery L. Lewis, Angel L. Bolques, Jr. and Marise C. James. 

Senators present at today’s Committee hearing were Carla J. Joseph, Angel L. Bolques, Jr., Alma Francis Heyliger, and Avery L. Lewis.  

The Division of Public Affairs is committed to providing the community with accurate information on legislative proceedings and other events at the Legislature of the Virgin Islands.  Visit legvi.org. 

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