LAWMAKERS EXTEND STATE OF EMERGENCY, ALLOW OPERATION OF CRUISE SHIP CASINOS WHILE DOCKED IN ST. CROIX, APPROVE LEASES AND BILLS IN LEGISLATIVE SESSION

Published: Oct 16, 2024

ST. THOMAS – The 35th Legislature of the Virgin Islands, led by Senate President Novelle E. Francis, Jr. convened in regular legislative session at the Earle B. Ottley Legislative Hall.  Lawmakers considered an extension of the Governor’s State of Emergency, a measure to allow the operation of casinos on cruise ships while docked in St. Croix. Lawmakers also approved numerous leases and bills.

Lawmakers first dissolved from Legislative Session and convened into the Committee of the Whole to receive testimony on Bill No. 35-0340, an act renewing and extending the state of emergency based on the power and energy crisis for an additional 60 days from September 20, 2024, through November 19, 2024. The measure was proposed by Senators Novelle. E. Francis, Jr., and Angel L. Bolques, Jr. by Request of the Governor.

Kevin McCurdy, Commissioner of the Virgin Islands Department of Finance delivered a combined testimony detailing accomplishments that have been achieved over the last 30 days. These achievements included improved cash flow, assistance with vendor payments, commissioning of four new units at the Harley Plant, the placing of 1 million in escrow for essential hurricane season items, the maximizing of revenue collection, as well as reaching milestones in renewable energy initiatives.  McCurdy stated that objectives over the next sixty dates includes weekly liquidity monitoring to ensure financial stability, the prioritization of timely payments to critical vendors, preparation for hurricane preparedness, which include finances for power and water utility operations as well as garage and warehouse inventory, as well as tracking process on the Wartsila Project oversight. Revenue collection will also be overseen, as well as renewable energy and stability monitoring. The Department of Finance and the Office of Management of Budget has paid a total of $15,141,968.22 from the budget stabilization fund and $2,670,402.22 from the general fund to assist with WAPA’s financial needs. McCurdy’s testimony stated that challenges at WAPA have been persistent and will need focused and deliberate efforts to present improvement. According to McCurdy, failing to extend the state of emergency would lead to delayed fuel payments, which would in turn, cause the return of rolling black outs in the territory.

Lawmakers also considered Bill No. 35-0389, An Act to allow the operation of casinos on cruise ships while docked in St. Croix, US Virgin Islands. The Honorable Joseph B. Boschulte, Commissioner, VI Department of Tourism delivered testimony in support of the proposed measure. The legislation would give cruise ships an added incentive to increase berths at St. Croix’s port, which could potentially increase the number of passengers that visit. Boschulte suggested that a task force including public and private sector members be formed, who could address operational needs, including, taxi ability in coordination with the Taxicab Commission, restaurant and retail hours, through the Christiansted Restaurant and Retail Association, and marketing of after-hours offerings to encourage passengers to explore the island beyond normal business hours. Boschulte also suggested the collaboration of the Virgin Islands Police Department to ensure the safety of these passengers. The modernization of facilities, as well as cleanup efforts in the town of Christiansted and Frederiksted were also considered, especially brush and tree pruning, road resurfacing, and other upgrades.

Bill Rawlings, Assistant Executive Director of the Virgin Islands Port Authority delivered additional testimony. Rawlings stated that the Virgin Islands Port Authority supported the measure, stating that it would improve the attractiveness of St. Croix as a cruise ship port of call and spark economic growth. According to Rawlings, cruise ships spends an average of 10 hours in port and leave early because they are eager to reopen onboard casinos. These early departures reduce the ability of passengers to fully explore a port and reduce the economic impact cruise ship visitors have. It is expected that St. Croix will receive 102 scheduled cruise ship calls in Fiscal Year 2025.

Marvin Pickering, Chairman and CEO of the Virgin Islands Casino Control Commission delivered testimony on the proposed measure. The Casino Control Commission is responsible for the licensure and regulation of casinos in the US Virgin Islands. Currently, the Commission has two casino licensees, the Divi Carina Bay Casino, and the Caravelle Hotel and Casino. They pay between $160,000 to $240,000 to receive four-year licensees to operate the casinos. Per Pickering’s testimony, the proposed measure would save fuel costs for cruise ships because ships would not have to sail in international waters to operate their onboard casinos.  Pickering also stated that the measure has the potential of converting cruise ship passengers into overnight guests. He, and the Casino Control Commission voiced no major concern over the measure. Shomari Moorehead, President of Our Town Frederiksted voiced support for the proposed measure, stating that the proposal demonstrated increasing confidence in St. Croix has a tourism destination.

The body then dissolved from the Committee of the Whole into Legislative Session. Lawmakers voted to override the Governor’s veto of the following bills:

  • Bill No. 35-0379, (Specifically Sections 1, 5, 6 and 11), An Act making various amendments to titles 3, 33 and 20 of the Virgin Islands Code and making various amendments to Acts No. 8717, 8585 and 8759. The measure was proposed Senators Novelle E. Francis, Jr., Donna A. Frett-Gregory and Diane T. Capehart, and co-sponsored by Senators Marvin A. Blyden and Dwayne M. DeGraff.
  • Bill No. 35-0380, (Specifically Sections 3, 9, 13 and 15), An Act appropriating funds received from the settlement of The Government of the United States Virgin Islands v. Estate of Jeffrey E. Epstein, et al., Civil No. ST-2020-CV-00014 and the settlement agreement with Leon Black for various projects and initiatives to enhance community services, mental health resources, infrastructure, and economic development in the Virgin Islands, including the establishment of the Southern Trust Company Settlement Fund and the Survivors and Mental Health Healing Trust Fund. The measure was proposed by Senators Donna A. Frett-Gregory, Novelle E. Francis, Jr., Marvin A. Blyden, Javan E. James, Sr., Samuel Carriόn, Angel L. Bolques, Jr., Diane T. Capehart and Ray Fonseca, and co-sponsored by Senator Dwayne M. DeGraff.
  • Bill No. 35-0381, An Act providing an appropriation to the Attorney General of the Virgin Islands’ Crime Prevention/Prosecution Fund pursuant to Section 6b of the Master Settlement and Release Agreement; establishing a separate and distinct interest-bearing fund to be designated the “GVI/JPMC Charitable Fund”; and transferring the sum of $5,339,500 to organizations that support vulnerable and disenfranchised individuals. The measure was proposed by Senators Donna A. Frett-Gregory, Novelle E. Francis, Jr., Marvin A. Blyden, Javan E. James, Sr., Samuel Carriόn Angel L. Bolques, Jr., Diane T. Capehart and Ray Fonseca, and co-sponsored by Senator Dwayne M. DeGraff.
  • Bill No. 35-0087, An Act amending Title 33 Virgin Islands Code Chapter 111 to repeal and reenact section 3038 to establish in the Treasury of the Government of the Virgin Islands a special fund designated as the Veterans Mainland Travel Revolving Fund. The measure was proposed by Senators Dwayne M. DeGraff, Marvin A. Blyden, Diane T. Capehart and Milton E. Potter.

The body then approved the following leases:

  • Bill No. 35-0300,  An Act approving a lease agreement between the Government of the Virgin Islands, acting through its Commissioner of the Department of Property and Procurement, and Advance Power, LLC, for three portions of Parcel 1-A Estate Bovoni, Nos. 1 and 2 Frenchman’s Bay Quarter, St. Thomas, Virgin Islands; two portions of Parcel No.1 A-8 Estate Bovoni Nos. 1 and 2 Frenchman’s Bay Quarter, St. Thomas, Virgin Islands; a portion of Parcel No. 1A-7 Estate Bovoni Nos. 1 and 2 Frenchman’s Bay Quarter, St. Thomas, Virgin Islands; a portion of Parcel No. 1-21 Estate Bovoni Nos. 1 and 2 Frenchman’s Bay Quarter, St. Thomas, Virgin Islands; two portions of Remainder of Parcel 1-19 Estate Bovoni, Nos. 1 and 2 Frenchman’s Bay Quarter, St. Thomas, Virgin Islands; and a portion of Parcel No. 1-18 Estate Bovoni, Nos. 1 and 2 Frenchman’s Bay Quarter, St. Thomas, Virgin Islands, for the purpose of constructing, operating, and maintaining wind turbine generators, offices, metering, maintenance sheds, access roads, utility substations as part of a microgrid on St. Thomas and other related purposes. The measure was proposed by Senators Novelle. E. Francis, Jr., and Angel L. Bolques, Jr. by Request of the Governor.
  • Bill No. 35-0320,  An Act approving a lease agreement between the Government of the Virgin Islands, acting through its Commissioner of the Department of Property and Procurement, and Advance Power, LLC, for two portions of Parcel No. 1 and Remainder 39-A and 49 Estate Cassava Garden, Queen’s Quarter, St. Croix, Virgin Islands, six portions of Remainder Matriculate 38 Estate Pearl, Queen’s Quarter, St. Croix, Virgin Islands, two portions of Remainder Matriculate 51 and 43 Queen’s Quarter, St. Croix, Virgin Islands, two portions of Remainder Parcel No. 1 Estate Barron Spot, Queens’s Quarter, St. Croix, Virgin Islands, two portions of Parcel No. 11 Estate Pearl, Queen’s Quarter, St. Croix, Virgin Islands, and six portions of Plot No. 2 Estate Humbug, Queen’s Quarter, St. Croix, Virgin Islands for the purpose of constructing, operating, and maintaining wind turbine generators, maintenance sheds, access roads, utility substations as part of a microgrid, and for other related purposes on St. Croix. The measure was proposed by Senator Novelle E. Francis, Jr., by Request of the Governor.
  • Bill No. 35-0374, An Act approving the conveyance of Parcel No. 201 Submarine Base, No. 6 Southside Quarter, St. Thomas, Virgin Islands from the Government of the Virgin Islands to the Virgin Islands Public Broadcasting System 4 Bill No. 35-0383 An Act approving the lease agreement between the Government of the Virgin Islands and St. Croix Science Teachers’ Association, Inc., for Parcel No. 10-P VICORP Land, King Quarter, St. Croix, Virgin Islands. The measure was proposed by Senators Novelle. E. Francis, Jr., and Marvin A. Blyden by Request of the Governor.
  • Bill No. 35-0383, An Act approving the lease agreement between the Government of the Virgin Islands and St. Croix Science Teachers’ Association, Inc., for Parcel No. 10-P VICORP Land, King Quarter, St. Croix, Virgin Islands. The measure was proposed by Senators Novelle E. Francis, Jr., Carla J. Joseph, and Angel L. Bolques, Jr. by Request of the Governor.
  • Bill No. 35-0384, An Act approving Amendment No. 1 to the Lease Agreement between the Government of the Virgin Islands Waste Management Authority to amend the premises by replacing the parcel of land described as a portion of Parcel No. 10-B VICORP Land, King Quarter, St. Croix, Virgin Islands, with Parcel No. 10-M VICORP Land, King Quarter, St. Croix, Virgin Islands. The measure was proposed by Senators Novelle E. Francis, Jr. and Carla J. Joseph by Request of the Governor.

Additionally, lawmakers approved the following bills:

  • Bill No. 35-0031, An Act amending Title 5, Virgin Islands Code, subtitle 3, part I, by adding a new chapter 301A, creating the Child Victims’ and Child Witnesses’ Rights Act and repealing chapter 301, subchapter IV, section 3510. The measure was proposed by Senators Angel L. Bolques, Jr., Dwayne M. DeGraff and Marvin A. Blyden.
  • Bill No. 35-0283, An Act amending title 19 Virgin Islands Code, part III, chapter 34, the Virgin Islands Cannabis Use Act. The measure was proposed by Senators Donna A. Frett-Gregory and Javan E. James, Sr.
  • 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 proposed by Senators Ray Fonseca, Angel L. Bolques, Jr., and Javan E. James Sr., and co-sponsored by Senator Samuel Carrion.
  • 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 proposed by Senators Kenneth L. Gittens, Angel L. Bolques, Jr., Milton E. Potter, Marvin A. Blyden, Marise C. James, Carla J. Joseph, Alma Francis Heyliger, Dwayne M. DeGraff, Franklin D. Johnson and Donna A. Frett-Gregory, and co-sponsored by Senators Ray Fonseca and Samuel Carriόn.
  • Bill No. 35-0289, An Act amending title 27 of the Virgin Islands Code by raising the legal age to purchase tobacco products from 18 to 21 years of age. The measure was proposed by Senator Ray Fonseca.
  • Bill No. 35-0340, An Act renewing and extending the state of emergency in the Virgin Islands based on the power and energy crisis for an additional 60 days from September 20, 2024, through November 19, 2024. The measure was proposed by Senators Novelle. E. Francis, Jr., and Angel L. Bolques, Jr. by Request of the Governor.
  • Bill No. 35-0388, An Act to amend various sections of title 5 Virgin Islands Code. The measure was proposed by Senator Diane T. Capehart. The measure was proposed by Senator Novelle E. Francis, Jr. by request of the Governor.
  • Bill No. 35-0389, An Act to allow the operation of casinos on cruise ships while docked in St. Croix, US Virgin Islands. The measure was sponsored by Senator Novelle E. Francis by request of the Governor.
  • Bill No. 35-0390, An Act amending title 9 Virgin Islands Code, subchapter II to establish the Money Transmission Revolving Fund. The measure was proposed by Senators Marise C. James and Donna A. Frett-Gregory.
  • Bill No. 35-0391, An Act amending title 27 Virgin Islands Code, chapter 15 relating to real estate brokers and sales associates. The measure was proposed by Senator Novelle E. Francis, Jr.
  • Bill No. 35-0257, An Act to develop and produce an annual U.S. Virgin Islands Beer, Wine, and Spirits Festival. The measure was proposed by Senator Diane T. Capehart. This bill allows non-germane amendments.

Senators present at today’s Committee of the Whole and Legislative Session included Novelle E. Francis, Jr., Marvin A. Blyden, Angel L. Bolques, Jr., Samuel Carrión, Diane T. Capehart, Dwayne M. DeGraff, Ray Fonseca, Alma Francis Heyliger, Donna A. Frett-Gregory, Kenneth L. Gittens, Marise C. James, Javan E. James, Sr., Franklin D. Johnson, and Carla J. Joseph.

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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