35th Virgin Islands Legislature

35th Legislature of the Virgin Islands
Leadership
President	Novelle Francis (D)
Vice President	Marvin Blyden (D)
Majority Leader	Kenneth Gittens (D)
Minority Leader	Dwayne DeGraff (I)
Structure
Seats	15
Length of term	2 years

The 35th Virgin Islands Legislature is the current meeting of the Legislature of the Virgin Islands. It has convened in Charlotte Amalie on January 9, 2023, during the first two years of Governor Albert Bryan’s second term.

In the 2022 elections, the Democratic Party of the Virgin Islands retained and expanded their majority by gaining one seat which was led by Independent Senator Janelle Sarauw and another led by once turned Independent Senator Javan James Sr. who left the Democratic Party after disaffection with colleagues but later rejoined his caucus.

Major events

• January 9, 2023: The 35th Legislature begins.
• January 23, 2023: Governor Bryan delivered his Fifth State of the Territory Address.
• April 14, 2023: Senate confirmed acting Attorney General Carol Thomas-Jacobs to the United States Virgin Islands Superior Court.
• April 14, 2023: Senate voted to adopt Juneteenth making the Virgin Islands the first U.S. territory to observe the federal holiday.
• June 14, 2023: Senate voted to confirm Ariel Smith as the new Attorney General of the Virgin Islands.
• July 20, 2023: Senate voted to confirm the nomination of Lisa M. Alejandro to be Commissioner of Department of Property and Procurement.
• September 15, 2023: Senate hold vote on land swap deal with nine out 15 senators approving it for the purpose to construct a K-12 school on St. John.
• September 20, 2023: Senate President Novelle Francis express concerns over the appointment of Finance Commissioner Nominee Kevin McCurdy as acting governor while Bryan and Lt. Governor Roach leave the territory.
• September 22, 2023: Senate confirmed Lionel E. Selwood to the Virgin Islands Water and Power Authority Board of Directors and Angel Dawson Jr. as Administrator of the Government Employees Retirement System.
• October 19, 2023: Former Senator Alicia “Chucky” Hansen lies in state at Legislature of the Virgin Islands on St. Croix.
• November 2, 2023: Senators attend funeral of Former Senator Lloyd Williams on St. Thomas.
• December 19, 2023: Senate voted overwhelmingly to confirm Natalie Hodge as Commissioner of Department of Licensing & Costumer Affairs, Louis Petersen as Agriculture Commissioner, Kevin McCurdy as Commissioner of Finance, Dr. Bert Petersen and Donna Christensen to the UVI Board of Trustees.
• January 22, 2024: Governor Bryan delivered his sixth State of the Territory Address.
• March 25, 2024: Senate voted to confirm the nominations of Harold Willocks for Supreme Court justice, Averil George as Commissioner of Human Services and Antonio Stevens as Director of Fire & EMS.
• April 23, 2024: Senators holds press conference to address Bryan’s emergency declaration on WAPA and its financial conditions.
• April 25, 2024: Senate convenes special session to provide funding for WAPA.

Major Legislation

Enacted

• January 18, 2023: Virgin Islands Cannabis Use Act
• January 20, 2023: Virgin Islands Behavioral Health Act + Bill No. 34-0238, requires public schools to include Virgin Islands and Caribbean history into the curriculum for K-12th. Bill No. 34-0211, prohibits extremely loud music in vehicles and places of entertainment as relates to noise pollution. + Equality Act, 34–0271, prohibits discrimination against a person's sexual orientation or gender identity.
• January 23, 2023: Bill No. 35-0003, appropriates $2.2 million for funds for the adoption of various portions of the Virgin Islands Agricultural Plan.
• April 27, 2023: Bill No. 35-0049, establishes a Local Food and Farm Council in accordance with mandate five of the V.I. Agricultural Plan. + Bill No. 35-0009, enacts The Juneteenth National Independence Day Act to make June 19, a legal holiday in the Virgin Islands. + Bill No. 35-0050 establishes a School Construction and Maintenance Bureau.
• June 30, 2023: Bill No. 35-0012, increases the retirement pension for National Guard retirees from $100 to $200 per month and appropriates $145,000 from the General Fund for the RAW Basketball program and Virgin Islands Little League. + Bill 35-0106: An Act appropriating $700,000 from the General Fund for the purpose of hiring dialysis nurses and other staff.
• August 5, 2023: Bill No. 35-0035: An Act amending Title 20, V.I. Code, part II, chapter 39 section 436 (b), expanding the definition of “disabled veteran” for the purposes of eligibility for a handicapped window decal. Bill No. 35-0036: An act clarifying the duties and responsibilities of the executive director of the Taxicab Commission.
• September 29, 2023: Bill No. 35-0112: proposes a transfer of Whistling Cay to the federal government through the National Park Service in exchange for a parcel of land in Estate Catherineberg, for the purposes to build the first public K-12 school on St. John.
• October 5, 2023: Bill No. 35-0073: An Act amending title 32 of V.I. Code to establish powers and duties for the horse racing commissions for each district and relating to antidoping of racehorses to provide for regulation by district and joint horsing racing commissions.
• November 30, 2023: Bill No. 35-0048: An Act amending Title 3, V.I. Code, requiring the GERS to send each active member an annual report of contributions by U.S. mail or by electronic means, at the member’s option. + Bill No. 35-0074, An Act honoring and commending former Senator Almando “Rocky” Liburd for his lifetime of service to the people of the Virgin Islands, especially St. John, by renaming North Shore Road to the “The Almando “Rocky” Liburd Drive”. + Bill No. 35-0180, An Act appropriating $5,124,000 from the Community Facilities Trust Fund in the fiscal year Sept. 30, 2024, for the construction and site improvements to the Paul E. Joseph Stadium and requiring Department of Public Works to submit status reports of the project to the Legislature. + Bill No. 35-0190, An Act appropriating $350,000 from the General Fund to provide bottled drinking water to customers residing in neighborhoods identified by WAPA as most impacted by elevated levels of copper and lead in the potable water system.
• January 15, 2024: Bill No. 35-0159: amends Act. 8741 (St. John land swap) by changing the context of the bill pertaining to the use and public access to Whistling Cay and Fungi Passage. Allocates funding to OMB, Division of Personnel, Department of Finance, and Property and Procurement and provides financial support for equipment, supplies, and staffing needs within the Interventional Cardiology Unit at Schneider Hospital. Also includes Section 5, which mandates that every government agency and department should provide all oral and written communications to the public in both English and Spanish.
• January 22, 2024: Driver’s Public Safety Act + Bill No. 35-0045: An Act amending Title 5 of V.I. Code, Chapter 407 relating to eligibility for parole release by adding section 4607 to establish Medical Parole Release, Geriatric Parole Release, and Non-Medical Geriatric Parole Release, and for other related purposes. + Bill No. 35-0127: An Act amending Title 14 of V.I. Code, Chapter 89, relating to the invasion of privacy of accident and crime victims by first Responders. + Bill No. 35-0084: An Act allowing businesses operating under a trade name to have the option of renewing the trade name every 2-6 or 10-years. + Bill No. 35-0131: An Act amending Title 3 of V.I. Code, Chapter 15, to establish a Real Crime Center and Centralized Crime Data System within the Virgin Islands Police Department. + Safe Haven Newborn Prevention Act + Bill No. 35-0175: amending V.I. Code to establish an Auxiliary Communications Unit within VITEMA. + Bill No. 35-0187: An Act aim at assisting VIPD with the prevention of gun violence by allowing certain individuals to petition for the temporary confiscation of firearms if a person is considered a threat. + Bill No. 35-0194: An Act requiring the commissioner of Education to hire school health technicians for each public school per district, to generally assume the role and responsibilities of school nurses. + Bill No. 35-0210: seeks to provide $2.5 million for the purchase of Department of Labor building on St. Thomas from its current owners. + Bill No. 35-0219: An Act changing the date for commencing the 2024 Regular Session of the Legislature to January 22, 2024. + Bill No. 35-0220: An Act developing and producing a USVI Music Festival.
• April 10, 2024: Bill No. 35-0207: An Act establishing a registry to track chronic kidney disease and diabetes.
• April 12, 2024: Bill No. 35-0133: An Act establishing a scholarship program to support individuals interested in pursuing a career in the territory’s maritime industry. + Bill No. 35-0178: An Act enabling the automatic expungement of arrest records upon the court finding that the arrest was made without probable cause. + Bill No. 35-0172: An Act amending Title 29, chapter 5 of V.I. Code, to provide for the adoption of nationally recognized consensus-based codes, standards and amendments to such codes that are in the best interests of the territory, and to provide for clarifications to the Virgin Islands building code. + Bill No. 35-0182: An Act amending Title 14, chapter 51 of V.I. Code, by designating the existing provisions as subchapter I and adding a subchapter II relating to the nonconsensual dissemination of sexually explicit images. + Bill No. 35-0226: seeks to increase the minimum default amount for child support. + Bill No. 35-0196: An Act establishing a deadline for GERS to resume the personal loan program, remove the $10,000,000 annual aggregate amount and the 8% interest rate cap, to limit the System’s liability to $75,000, and set a parameter in section 717 that all loans must be structured such that the payoff date occurs before the member reaches age 70. + Bill No. 35-0237: An Act recognizing the month of March as Girl Scouts Month. + Bill No. 35-0218: An Act amending Title 24 of V.I. Code, relating to unemployment benefits by reducing the number of weeks that unemployment benefits can be received; increasing the statute of limitations for the collection of overpayments of unemployment benefits from claimants and for delinquent employer contribution and implementing a 10-year record retention period for employers.

Proposed (but not enacted)

• Bill No. 35-0032: allows government employees to run for public elected office while remaining on the job. (withheld in Committee on Rules & Judiciary)
• Bill No. 35-0075: designate the third Monday in February as Governor's Day. (bill failed to reach Senate floor)
• Bill No. 35-0078: An Act allowing the Department of Tourism to conduct a survey of residents to determine the official dish and dessert for the Virgin Islands. (bill failed to reach Senate floor)
• Bill No. 35-0179: strengths the enforcement tools towards illegal gambling and lottery. (withheld in Committee on Homeland Security, Justice and Public Safety)
• Bill No. 35-0186: An Act repealing and reenacting title 3 Virgin Islands Code, chapter 16, section 274 “Virgin Islands Taxicab Commission and enacting in its place “The Division of Transportation and Taxicab Services”.
• Bill 35-0243: An Act requiring an individual who intends to buy firearm components that would have to be mailed or shipped to the Virgin Islands to first get concise from the VIPD Commissioner. (withheld in Committee on Homeland Security, Justice and Public Safety)
• Bill No. 35-0248: An Act requiring Congress to allow the people of the Virgin Islands to elect an Attorney General. (bill failed to pass Committee on Homeland Security, Justice and Public Safety)
• Bill No. 35-03202: An Act relating to the conservation and preservation of historic and cultural sites in the historic downtown districts.

Vetoed

• January 23, 2023: Bill No. 34-0080: directs the Office of the Inspector General to conduct an investigation into WAPA and appropriates $250,000 to fund the investigation.
• April 27, 2023: Bill No. 35-0055: pertains to the school curriculum in elementary and secondary schools. * Bill No. 35-0061: directs the Office of the Inspector General to conduct an audit of WAPA and appropriates $250,000 to fund the audit. (Override by Legislature on June 14)
• October 5, 2023: Bill No.35-0082: limit the expulsion and suspension of students in pre-kindergarten through third grade.
• November 30, 2023: Bill No. 35-0014: An Act posthumously honoring and commending Wayne “Facts Man” Adams for articulating and bringing events of historic significance to the people of the Virgin Islands, by naming Nadir bridge on St. Thomas after him. (Override by Legislature on December 19) + Bill No. 35-0200: intent to issue a monthly water bill abatement for six months to WAPA customers on St. Croix affected by levels of lead and copper.
• April 12, 2024: Bill No. 35-0115: The “Fair Chance for Employement Act”, which seeks the Division of Personnel to develop fair chance hiring policies for former incarcerated individuals.
• May 8, 2024: Bill No. 35-0266: An Act reappropriating funds from a previous $6 million loan to WAPA to cover the current payment obligations of the territory’s two hospitals and Waste Management Authority. + Bill No. 35-0267: An Act granting GVI the authority to utilize the Budget Stabilization Fund. + Bill No. 35-0268: An Act requiring the Governor to seek approval from the Legislature for any use of government funds in response to man-made catastrophes and would have given the Legislature authority to terminate emergency declarations with a two-thirds majority vote.

Major resolutions

• Bill No. 0002 (Res.1901): Adopting the Rules of the 35th Legislature.
• Bill No. 1899: Expresses the support of the Legislature for U.S. House Resolution 279 acknowledging that the U.S. Supreme Court's decision in the Insular Cases and the “Territorial Incorporation Doctrine” are contrary to the text and history of the U.S. Constitution.
• Bill No. 35-0006: A resolution honoring and commending former Senator George E. Goodwin, by naming the Cricket field in Estate Nazareth on St. Thomas after him while awarding him the Virgin Islands Medal of Honor.
• Bill No. 35-0007: A resolution honoring and commending Boyd “Boyzie” Orlanzo Todman for his contributions to the people and the youth of the Virgin Islands.
• Bill No. 35-0010: A resoultion honoring and commending Aloy “Wenty” Nielsen by renaming Christiansted Bypass after him and appropriates $10,000 from the General Fund for signage.
• Bill No. 35-0016: A resolution honoring and commending the Supervisor of Elections, Caroline Fawkes, and her entire team for their tireless service and contributions to the Virgin Islands community and on the occasion during the 60th Anniversary of the establishment of the V.I. Election System.
• Bill No. 35-0029: A resolution honoring and commending Donna Marie Christian-Christiansen, M.D., for her tireless contributions to the people of the Virgin Islands in the medical field and representation in Congress, while naming the Charles Harwood Complex on St. Croix in her honor.
• Bill No. 35-0062: A resolution honoring and commending Gregory “DJ Avalanche” Hodge for his contributions as a disk jockey, radio talk host and entertainer while presenting him with the Official Key of the Virgin Islands.
• Bill No. 35-0091: A resolution honoring and commending Indiana Fever basketball player Aliyah Boston for her athletic accomplishments while awarding her the Key to the Virgin Islands.
• Bill No. 35-0100: A resolution honoring and commending Music in Motion School of Higher Dance Education and its founder, Charlita Schuster, on the 40th Anniversary of the establishment of the Music in Motion Dance Academy.
• Bill No. 35-0107: An Act posthumously honoring and commending Fenella Cooper for her contributions to the fields of education, sports and culture, while naming the UVI tennis courts in her honor.
• Bill No. 35-0109: A resolution honoring and commending the late Corporal Kendall Emanuel George by renaming portions of Highway 107 on St. John to the “Kendall Emanuel George Drive”.
• Bill No. 35-0114: A resolution honoring and commending the 2023 Central American and Caribbean Games’ Gold Medal Winners.
• Bill No. 35-0116: A resolution honoring and commending Lieutenant Colonel Leayle Gerard Galiber for his leadership in the Virgin Islands National Guard and his dedication to the country and to the people of the Virgin Islands.
• Bill No. 35-0123: An Act to commission and direct the Virgin Islands Council on the Arts to construct and erect a bronze bust of Dr. Alfred O. Heath to be placed next to those of Edith L. Williams, J. Antonio Jarvis and Rothschild Francis in Education Park on St. Thomas.
• Bill No. 35-0208: A resolution honoring and commending Mrs. Bernice Alma Turnbull for her lifetime service and dedication to the people of the Virgin Islands.
• Bill No. 35-0223: An Act renaming a portion of Gamle Gade on St. Thomas as the “William A. Industrious Street”.
• Bill No. 35-0247: A resolution requiring the V.I. Public Service Commission to file a complaint on behalf of the people of the Virgin Islands against Liberty Latin America and its subsidiaries, Liberty Mobile USVI and Liberty Mobile Puerto Rico, with the Federal Communications Commission.

Zonings

• Bill No. 35-0212: An Act ratifying Minor Coastal Zone Permit No. CZT-18-21(W) issued to Beach Life, LLC for the continued use and occupancy of submerged lands and the installation of a five-foot-wide by thirty-foot long floating dock anchored by a four-foot wide by twenty-four-foot-long wooden walkway on Honeymoon beach and seaward of Tract C-1 Estate Water Island. (Senate voted 10-4 ; awaiting Governor’s signature)
• Bill No. 35-0213: An Act granting a conditional zoning use variance for Plots Nos. 219 and 220 Estate Morningstar, Queen Quarter, St. Croix, from the R-1(Residential-Low Density) zoning designation to allow for a restaurant and bar, amphitheater, retail, a barber or beauty salon, short-term rental/guesthouse, and event space rental/rental of commercial space.
• Bill No. 35-0214: An Act granting a zoning use variance for the construction and operation of a guesthouse in Estate Glynn, St. Croix.
• Bill No. 35-0233: An Act granting a use variance to Parcels No. 41 Remainder Estate Contant and 41-C Estate Contant, 7A Southside Quarter, St. Thomas, Virgin Islands to allow for commercial parking.
• Bill No. 35-0234: An Act granting a zoning variance from the I-2 (Light Industry) zoning designation to Revised Parcel No. 17-3 Remainder Estate Nisky, No. 6 Southside Quarter, St. Thomas, Virgin Islands, to allow for a business hotel.
• Bill No. 35-0235: An Act amending Official Zoning Map No. STZ-7 to rezone Reconfigured Remainder Consolidated Parcel No. 1-13 Estate Donoe, No. 2A New Quarter, St. Thomas, Virgin Islands, behind Cost-U-Less from R-4 (Residential-Medium Density) to B-3 (Business-Scattered).

Party summary

	Party (Shading indicates majority/plurality)			Total
	Democratic	Independent	Independent Citizens
End of previous Legislature	10	5	0	15
Begin (January 9, 2023)	11	4	0	15
Latest voting share	60%	40%	0%	100%

Leadership

Presiding

• President of the Senate: Novelle Francis (D), from January 9, 2023
• Vice President: Marvin Blyden (D), from January 9, 2023

Majority (Democratic)

• Majority Leader: Kenneth Gittens (D), from January 9, 2023
• Secretary: Carla Joseph (D), from January 9, 2023
• Intergovernmental Territorial Affairs Secretary: Marise James (D), from January 9, 2023
• Liaison to Congress: Donna Frett-Gregory (D), from January 9, 2023
• Liaison to the Department of Interior & Office of Insular Affairs: Carla Joseph (D), from January 9, 2023
• Liaison to the White House: Kenneth Gittens (D), from January 9, 2023

Majority Caucus

• Senators Novelle Francis, Marvin Blyden, Kenneth Gittens,Angel Bolques Jr., Carla Joseph, Diane Capehart, Ray Fonseca, Donna Frett-Gregory, Javan James Sr., Marise James, Milton Potter.

Minority Caucus

• Senators Alma Francis-Heyliger, Dwayne DeGraff, Franklin Johnson, Samuel Carrion

Members

District	Name	Party	Took Office
At-large	Angel Bolques Jr.	Democratic	2022
St. Croix	Franklin Johnson	Independent	2021
	Diane Capehart	Democratic	2023
	Javan E. James, Sr.	Democratic	2019
	Kenneth Gittens	Democratic	2019
	Marise James	Democratic	2023
	Novelle Francis	Democratic	2015
	Samuel Carrion	Independent	2021
St. Thomas/ St. John	Alma Francis-Heyliger	Independent	2021
	Carla Joseph	Democratic	2021
	Donna Frett-Gregory	Democratic	2019
	Dwayne DeGraff	Independent	2017
	Ray Fonseca	Democratic	2023
	Marvin Blyden	Democratic	2015
	Milton Potter	Democratic	2021

Source:

Committees

Committee	Chair	Vice Chair
Economic Development and Agriculture	Javan James Sr.	Angel Bolques Jr.
Budget, Appropriations and Finance	Donna Frett-Gregory	Novelle Francis
Education and Workforce Development	Marise James	Donna Frett-Gregory
Health, Hospitals and Human Services	Ray Fonseca	Kenneth Gittens
Government Operations, Veteran Affairs and Consumer Protection	Carla Joseph	Javan James Sr.
Homeland Security, Justice and Public Safety	Kenneth Gittens	Ray Fonseca
Housing, Transportation and Telecommunications	Marvin Blyden	Marise James
Culture, Aging, Sports, Parks and Youth	Angel Bolques Jr.	Marvin Blyden
Rules and Judiciary	Diane Capehart	Milton Potter
Disaster Recovery, Infrastructure and Planning	Milton Potter	Diane Capehart