COMMITTEE VETS MEASURES TO CREATE EMERGENCY MEDICAL SERVICES SYSTEM, ESTABLISH POLICE RESERVE UNIT, CHANGE COMMENCMENT OF ACTIONS FOR PERSONAL BODILY INJURY

ST. CROIX, VI – The 36^th Legislature of the Virgin Islands’ Committee on Homeland Security, Justice, and Public Safety, led by Senator Clifford A. Joseph, Sr, met in the Frits E. Lawaetz Legislative Conference Room. Lawmakers considered measures that would create the Emergency Medical Services System, establish a Police Reserve Unit within the Virgin Islands Police Department, and an act that would change the commencement of actions for personal bodily injury. Approved items on today’s agenda will be forwarded to the Committee on Rules and Judiciary for further consideration and action.

Lawmakers considered Bill No. 36-0346, An act amending title 19 Virgin Islands Code creating the Emergency Medical Services System. The measure was sponsored by Senators Marise C. James and Clifford A. Joseph, Sr.

Justa Encarnacion, Commissioner of the Virgin Islands Department of Health delivered testimony in support of the proposed measure. In testimony, Encarnacion stated that emergency medical services is a critical component of our healthcare and public safety infrastructure, saying that having a codified system will strengthen its regulatory authority. Encarnacion highlighted that residents and visitors must have confidence that emergency responders are professionally trained, appropriately licensed, medically supervised and equipped to deliver safe and effective care. Given the unique geography, interisland transportation requirements, healthcare resources, and workforce challenges of the territory, the legislation is an important step towards establishing a more consistent, accountable and responsible territorial emergency medical services system.

A central provision of the measure seeks to designate the Department of Health, through its EMS regulatory division the lead agency responsible for regulating emergency medical services in the territory. Section 4212 requires individuals to possess the appropriate licenses and prohibits practice beyond their authorized classification.  It also establishes education, training, competency, continuing education, and recertification requirements while allowing the adopting of nationally recognized standards that reflect the territory’s unique needs. Additionally, Section 4206, 4214, and 4222 provide mechanisms for temporary licensure, recognition of applicable military training and experience, and reciprocity for qualified professional from other jurisdictions.

The Department of Health also supports the establishment of uniform standards governing EMS agencies, ambulance services, emergency medical response vehicles and non-emergency medical transportation. Sections 4209, 4210, and 4211, which establish requirements for agency authorization, vehicle certification, equipment, sanitation, safety, staffing, and operational standards. The proposed legislation also requires appropriate medical oversight through licensed medical directors. The provisions strengthen accountability and public confidence my establishing regulatory expectations for EMS providers operating throughout the territory, whether public or private.  Section 4208 requires the development of a comprehensive Territorial EMS system plan that includes inventory of resources, an assessment of existing services, measurable performance objectives, implementation strategies, timelines, monitoring mechanisms and estimated costs. The measure also establishes a one-year deadline for completing the plan and provides biannual updates.

After further discussion, the measure was voted upon favorably.

Policymakers considered Bill No. 36-0318, An act amending title 23 Virgin Islands Code, chapter 13 establishing a Police Reserve Unit within the Virgin Islands Police Department. The measure was sponsored by Senator Kenneth L. Gittens.

Dwayne Richards, Director of Human Resources at the Virgin Islands Police Department spoke in favor of the proposed measure. Richards’ testimony highlighted that similar initiatives had been done in various police departments throughout the United States mainland. The Los Angeles Police Department has used its Police Reserve Corps for targeted crime suppression deployments. Reserve officers have been described as a connection between neighborhood residents and police, bringing community knowledge and professional experience to law service. The Phoenix Police Department provides a measurable example of the additional capacity a reserve program can deliver. According to its 2024 year in review, the reserve division staffed 95 major events and provided 42,316 hours of service valued at more than $5.3 million.

Phoenix assigns reserve officers to patrol, homeland defense and specialized units, including supported during emergency and special events. The reserve officers undergo the same hiring, background checks and state certification training as career officers. The San Francisco Police Department includes community members and retired police officers in its Reserve Police Officer Program. These officers supplement full-time personnel through vehicle, foot and bicycle patrols.  Richards stated that the territory faces many of the same challenges as those in the mainland, and that a properly structured police reserve unit could provide the department with additional and controlled manpower without diminishing the importance or need for a professional, full-time police force. Additionally, Richards stated that the Police Force should be seen as a force multiplier, and not a substitute for full-time police officers.

Senators also considered Bill No. 36-0338, An act amending title 5 Virgin Islands Code, section 31 (a) by changing the commencement of actions for personal bodily injury. The measure was sponsored by Senators Franklin D. Johnson and Clifford A. Joseph, Sr.

Gordon Rhea, Attorney General of the United States Virgin Islands supported the proposed measure.  Rhea stated that the local statute of limitations, which is the time within a personal injury lawsuit must be filed is two years in the Virgin Islands, which he states is too short. For many people, finding legal representation and undertaking the investigations necessary to determine liability is not possible within the two-year period. Extending the statute of limitations for personal injury cases from two years to three years is consistent with the trend in the United States mainland. 25 of the 50 states have statues of limitations that are three or more years for personal injury cases.

J. Russel B. Pate, Attorney at Law at the Pate Law Firm also spoke in support of the proposed measure. Pate mentions that the current statute of limitation law is over a century old and was arbitrarily copied from Alaska and Oregon laws in 1921 and was not tailored to the unique geography of the territory, Furthermore, the restrictive statute of limitations were enforced by a segregated US Navy Administration, and local citizens had no voice in its creation. Pate’s testimony mentions the recent expansion of Louisiana’s decision to expand its restrictive statute of limitations from one year to two years.

After further discussion, Bill No. 36-0318 and Bill No. 0338 were voted upon favorably.

Senators present at today’s Committee meeting included Clifford A. Joseph, Sr., Ray Fonseca, Angel L. Bolques, Jr., Dwayne M. Degraff, Novelle E. Francis, Jr., Marise C. James, Franklin D. Johnson, 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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