ST. THOMAS — The Senate Committee on Rules and Judiciary advanced a slate of 17 bills during a marathon hearing on Wednesday.
The hearing, held at the Earle B. Ottley Legislative Hall, was chaired by Sen. Carla J. Joseph with senators voting on three blocks of legislation and several individual resolutions — and approving every measure on the agenda.
Bill No. 36-0032, sponsored by Sens. Kurt Vialet and Ray Fonseca, would cap the salary amount used to calculate retirement annuities for the governor and lieutenant governor, setting the limits at 80% of their present salary, $150,000 and $125,000 respectively, if two terms are completed. If one term is served, they would only get 40% of this salary.
“What this does is align the way that retirement is calculated for the governor and lieutenant governor similar to the way it is calculated for the regular GVI employee,” said Vialet, noting that retirement annuities for top officials are paid from the General Fund.
Committee members voted 6-1 in favor of the bill, with Sen. Avery L. Lewis voting “no.”
Senate President Milton E. Potter expressed hesitation, saying he supports the principle of the bill, but favors a more comprehensive pension reform. Sen. Angel L. Bolques Jr. called it “a step towards fiscal accountability,” but also cautioned that it may affect the recruitment of professionals for top government roles in the future.
Senators also approved Bill No. 36-0062, which authorizes a lease agreement between the V.I. government and the National Oceanic and Atmospheric Administration for continued use of a portion of a telecommunications tower in Estate Nazareth, St. Thomas. The measure was sponsored by Potter, in his role as Senate president, at the request of Gov. Albert Bryan Jr.
“The NOAA performs a critical role in providing weather-related services for the people of the territory,” said Potter. “We are very vulnerable to natural disasters, hurricanes and the like, so this bill would really allow NOAA to have the necessary power infrastructure to continue to perform its duties.”
The bill passed unanimously with seven senators voting “yes.”
A second lease proposal, Bill No. 36-0098, authorizes the government to lease a portion of Estate Susannaberg, St. John, to Caribbean Buzz LIC for the operation of a helicopter transportation service at the existing helipad.
During the hearing, Sen. Kenneth L. Gittens, vice chair of the Rules and Judiciary Committee, questioned a potential overlap with legislation previously passed in the 34th Legislature regarding the same parcel of land. Legal counsel Mills Williams clarified that the leases referred to different sections of the property, based on square footage.
“The lease helps ensure timely medical evacuation and expands helicopter service for the island of St. John,” said Bolques, who supported the measure.
Potter added that while no formal medical agreement is in place, the company had expressed interest in providing emergency transportation.
Francis, who chairs the Senate Committee on Budget, Appropriations and Finance, added that “the matter was properly vetted” in a prior committee hearing, with a map and detailed lease information included in public documents.
The bill was passed unanimously, with all seven members voting “yes.”
Non-committee members Vialet, Francis and Fonseca participated in the discussion and expressed support, though they did not vote in the committee.
In the second block of the agenda, the committee voted 7-0 to advance Bill No. 36-0024, which amends Virgin Islands Code to declare a person incapable of consenting to sexual relations while in police custody.
Fonseca, the bill sponsor, clarified the measure is similar to legislation adopted across the U.S. and is not intended to target any agency.
“There should be no gray area when it comes to power, coercion and sexual exploitation,” he said.
Bolques said he supported the consent bill, because people in custody “are not in a position to give true consent.”
“This bill protects vulnerable individuals and ensures our justice system is guided by integrity and accountability,” he said, noting that the latest version of the measure includes an amendment clarifying it applies to traffic stops and other forms of detention, and broadens the term “police officers” to “law enforcement officials.”
Lawmakers also approved Bill No. 36-0027, known as “Jah’niqua’s Law” which requires restitution in the form of child maintenance payments if a defendant is convicted in a fatal DUI crash where the victim was a parent, guardian or dependent. Gittens moved the bill forward and received support from six other committee members. He ended the discussion with a personal message of thanks to the victim’s family, especially her relatives who helped shape the legislation.
“It is my hope that through this measure, they will find some peace and comfort in knowing that their efforts will help deter negligent behavior on our roadways, and prevent others from experiencing the same or similar loss.” Gittens said.
The bill applies to those convicted of negligent homicide by motor vehicle while under the influence of alcohol or drugs, or for DUI resulting in an accident causing disability. The vote was 7-0 in favor.
Senators also voted unanimously to approve Bill No. 36-0031, which limits liability for public safety agencies and private entities operating 911 services in cases of ordinary negligence, unless the act in question was “grossly negligent” or committed with “willful intent.”
Committee member Sen. Alma Francis-Heyliger introduced the measure and said it was essential for protecting agencies from undue lawsuits while still allowing accountability in egregious cases.
“This is just enough legislation…to really help our operators in regards to defining the difference between doing something intentionally and not intentionally,” she said.
The bill was approved with unanimous support.
She also spoke on Bill No. 36-0057, which would require automatic expungement of arrest records for individuals acquitted in court or whose cases are dismissed with prejudice. Under current law, those individuals must file a formal petition and may face high legal costs upwards of $2,500.
“Some of the people in our community are just trying to survive,” Francis-Heyliger said. “It’s not fair to them.”
She said she hoped it would prevent acquitted individuals from being unfairly penalized in employment or federal processes. The bill also passed 7-0.
Bills in the third block of the agenda included new legislation on disability savings, sanitation enforcement and professional licensing.
Senators took up Bill No. 36-0035, which would allow the Virgin Islands government to implement the federal Stephen J. Beck Jr. Achieving Better Life Experiences (ABLE) Act.
The measure establishes savings accounts for people with disabilities without jeopardizing their eligibility for public benefits like Medicaid or SNAP. Francis said the Virgin Islands is long overdue in adopting the program, noting that nearly every U.S. state and territory has already done so. He said the bill would give residents with disabilities “a pathway for financial independence” and help them save for education, housing and health care.
“This legislation is about more than savings accounts, it’s about equality and access to things that most of us take for granted,” he said.
Francis said amendments will be introduced to clarify the role of the Finance Department in managing the accounts. Committee members voted 6-1 in favor of the bill, with Francis-Heyliger “not voting.”
Lawmakers also discussed Bill No. 36-0043, which increases penalties for sanitation violations and gives the Health Department clearer authority to act in cases of health hazards. Bolques, the bill’s sponsor, said the legislation had been revised since its initial hearing to address concerns about fine amounts and enforcement procedures.
The amended bill introduces a risk-based inspection system aligned with national best practices for the first time since 1949. Fonseca and Francis-Heyliger both said they supported the bill but looked forward to seeing further amendments. Fonseca said his committee will be holding a hearing in July to address government sanitation issues, especially those related to the Water and Power Authority and pollution in local harbors. The bill passed unanimously with seven senators voting “yes.”
Senators expressed support for Bill Nos. 36-0050 and 36-0051, which update licensing and regulatory frameworks for social workers and establish a dedicated board of licensure.
Francis said the bills were developed in consultation with the Department of Licensing and Consumer Affairs, the Department of Human Services and local social workers, and aim to reflect best practices while maintaining flexibility for experienced workers without formal degrees.
“This legislation creates a pathway for licensure for students and experienced professionals alike,” he said. “We are aligning our standards with national best practices while also respecting the decades of experience many local social workers already have.”
Senators emphasized the critical role social workers play in responding to trauma and supporting public health and education systems. Several noted that June is PTSD Awareness Month and pointed to the importance of having qualified professionals available to meet mental health needs. Both bills were passed 7-0.
Senators voted to honor Sonya Hough, creator of the St. Croix “Crucian” hook bracelet and a pioneer in the island’s handcrafted jewelry industry. Bill No. 36-0029, proposed by Gittens, commends Hough’s legacy and cultural contributions to the territory. The measure was approved in committee with unanimous support.
Bill No. 36-0007 recognized James Sasso for his decades of service in the mortuary and funeral service industry. The resolution, brought by Bolques, acknowledges Sasso’s role in shaping funeral services across the Virgin Islands. The resolution passed with 7-0 in favor.
In an effort to better align school funding with actual planning cycles, Bill No. 36-0064 looked to update spending rules for the Education Initiative Fund. The legislation, sponsored by. Vialet, amends Title 33 of the V.I. Code to give public schools more flexibility in how and when they use allocated funds to benefit students. The bill received 7-0 committee votes in support.
Gun violence prevention was also on the agenda, with senators considering Bill No. 36-0090, which would declare the week leading up to the first Friday in June as Virgin Islands Gun Violence Awareness Week. Sponsored by Bolques, the measure aims to raise public awareness and support community engagement on the issue, especially in light of recent shootings in the territory. Lawmakers approved the bill unanimously.
To commemorate a national milestone, senators took up Bill No. 36-0097, a resolution recognizing the 50th anniversary of the National Conference of State Legislatures and the organization’s dedication to supporting lawmakers across the U.S. and territories. The measure was introduced by Potter. It passed 7-0 in support.
Finally, senators considered Bill No. 36-0012, which would streamline procedures for approving disability annuities through the Government Employees’ Retirement System (GERS). The legislation, also sponsored by Potter, aims to reduce delays and improve efficiency for public employees seeking benefits. The bill passed the committee with 7-0 in favor.
All approved measures now move forward for further consideration by the full Senate. Several lawmakers noted they plan to introduce technical amendments before final votes are taken.