ST. CROIX – The Committee on Rules and Judiciary, chaired by Senator Diane T. Capehart met in the Frits E. Lawaetz Legislative Conference Room. The Committee held its Inaugural Legislative Symposium to discuss proposed changes to the Virgin Islands Code. The purpose of the symposium is to expedite proposed amendments to the sections of the Virgin Islands Code that directly impact each department’s operations and functions.
Geraldine Vaval, General Counsel for the Department of Licensing of Consumer Affairs presented proposed amendments to the Virgin Islands Code. Vaval stated that many provisions currently within the Virgin Islands Code are outdated, leading to department operational deficiencies. Updating these sections aims to bring practices in line with current standards and best practices, as has been done in other jurisdictions on the mainland. Vaval stated that the department is proposing amendments allowing DLCA to adjust licensing fees annually and imposing stricter administrative fines for violations. This would include the authority to issue civil and criminal citations for the same offense. These changes also include expanding the Commissioner’s authority to issue civil citations and enforce penalties which would align enforcement powers with other jurisdictions. Furthermore, the amendments would also update references to the Consumer Services Administration and Alcohol Control Board, integrating them into DLCA’s current structure for better clarity and alignment.
“It is of utmost importance that we convene these symposiums regularly to mitigate revenue losses, enhance productivity, and eliminate inefficiencies in our departmental operations by regularly updating the Code,” Capehart said. Iver Stridiron, Code Revisor at the Legislature of the Virgin Islands, emphasized that the Virgin Islands Code has not seen a comprehensive update since 1921 in some instances, and a complete overhaul has not been undertaken since 1958-1959. Stridiron stressed that the standard practice is to update such codes every 10 years. Moreover, Stridiron underscored that over 1,000 amendments are urgently required to bring the code up to date.
Russel Pate, Esq, Attorney at Law spoke specifically on a proposed amendment to Virgin Islands Code, which would amend Title 5, Section 31 to clarify the statute of limitations for employment lawsuits. The Wrongful Discharge Act passed in 1986 as 24 VIC section 76, did not specify a statute of limitations. Pate stated in Title 5, VIC, Section 21. If someone is paralyzed in a car accident, they have up to two years to file a lawsuit from the day of the accident. Lawsuits for the recovery of real estate and real property can be brought up to twenty years from deprivation. However, if VI Code creates a legislative remedy, but does not specify a time period, six years is the time period. According to Pate, in 30 years of legislation, the Courts of the Virgin Islands have applied a two-year statute of limitations. Also, the federal government only provides for 180 days for a lawsuit to be filed for EEOC violations. Many states follow this 180-day timeline. Other states provide one year for employment and labor disputes.
Votes on proposed changes to the Virgin Islands code will be taken at the Committee’s next meeting on Monday, August 26, 2024, on St. Thomas in the Earle B. Ottley Legislative Hall. The general public is invited to attend the symposium.
Senators present at today’s committee meeting were Diane T. Capehart, Milton E. Potter, Marise C. James, Kenneth E. Gittens, and Franklin D. Johnson.
The Division of Public Affairs is committed to providing the community with accurate information on proceedings at the Legislature of the Virgin Islands. Visit legvi.org.
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