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Governor's thrifty pen strikes 7 bills: Texting while driving bill, $3.3 million for Luis Hospital among bills vetoed by deJongh
ST. THOMAS, Nov 26, 2009 (The Virgin Islands Daily News - McClatchy-Tribune Information Services via COMTEX) --
Gov. John deJongh Jr. took action on 19 bills Wednesday, striking seven of them down with his veto pen, including multiple appropriations -- citing lack of funds -- and a bill to ban texting while driving.
The measure to prohibit text messaging while driving passed the Senate in October, but deJongh said the legislation conflicts with the existing law banning the use of cell phones while behind the wheel.
He said the proposed legislation prohibited all communications that use a wireless communication device -- but under the existing law cell phone use is permitted as long as it is with a hands-free device.
"As a result, this measure, meant to be an effective tool in law enforcement, is set up to thwart successful prosecutions," deJongh said in his transmittal letter to Senate President Louis Hill.
He also vetoed a bill -- called the V.I. Real Property Electronic Recording Act -- which would have allowed the Office of the Recorder of Deeds to transition from a paper-based system to an electronic records system.
DeJongh said the October 2010 deadline to enact the legislation could not be met because of the government's current fiscal constraints. He said there is no funding source identified in the bill to implement the switch to a paperless system.
He vetoed five other bills for the same reason -- lack of cash in the territory's coffers.
"It is clear that to approve these bills will perpetuate the practice of appropriating government funds which do not exist, and disregarding the fiscal realities under which the territory operates in its state of economic distress," deJongh said.
The vetoed bills included:
- $70,865.03 to Public Works for the flood mitigation projects in Estate Hannah's Rest on St. Croix
- $110,091 to V.I. Water and Power Authority to extend a water line to the Water Bay Village Condominiums in Smith Bay, St. Thomas
- $107,500 from the General Fund to Our Town Frederiksted for operating expenses
- $300,000 from the Internal Revenue Matching Fund to Luis Hospital to purchase a mammogram machine
- $80,000 each to Charlotte Kimelman Cancer Institute and Luis Hospital's Cardiac Center for marketing and associated travel costs from the Internal Revenue Matching Fund
- $100,000 from the General Fund to Human Services to buy medical alert bracelets
- $150,000 from the General Fund to the Health Department for the Home Health Program
- $50,000 from the General Fund to Human Services for Meals on Wheels
- $150,000 from the General Fund to Human Services for the Homemaker's program
- $3 million from the Internal Revenue Matching Fund to Luis Hospital to renovate and upgrade its emergency room.
He also vetoed a bill to establish the Territorial Active Military Service Revolving Fund, which would be used to pay V.I. National Guard employees when they are called to perform territorial service. An annual appropriation of $200,000 from the Internal Revenue Matching Fund would supply the funding.
The governor said the Internal Revenue Matching Fund cannot support the large amount of appropriations and is, in fact, already overdrawn. The fund carries $111 million in obligations already although it has received only a $90 million advance from the federal government. The Internal Revenue Matching Fund collects the rum excise tax rebate returned to the V.I. on rum produced in the territory and sold in the U.S.
"The General Fund is not in any better shape because, as reported earlier, government revenues have decreased due to the impacts the recession has had on our economy," deJongh said.
Dejongh also acknowledged a resolution to honor and commend Mungo Niles Cultural Dancers for their contributions to Virgin Islands culture.
The bills signed into law Wednesday include:
- A bill requiring grocery stores to supply price lists to the Department of Licensing and Consumer Affairs for certain items on a monthly basis.
- A measure to require all doctors in the territory to use electronic prescriptions. The bill would bring the territory in line with the federal Medicare Prescription Drug Improvement and Modernization Act of 2003.
- The V.I. Revised Uniform Anatomical Gift Act, which would repeal a previous law and update the procedures and rules for donating organs to be in line with other states and territories.
- An act to allow V.I. Lottery Commission members whose terms have expired to remain on the board until successors have been confirmed. DeJongh said he is in the process of selecting new members to the commission.
- The Virgin Islands Secure and Fair Enforcement Mortgage Licensing Act of 2009, which would bring the territory in line with many other states that have passed similar legislation to protect homeowners by regulating the mortgage industry.
- An act giving the V.I. Office of Veterans Affairs the authority to establish a Virgin Islands Veterans Memorial Cemetery.
- An act to create a definition for temporary employees within the government of the Virgin Islands. The bill mandates that temporary employees be given a Notice of Personnel Action before beginning employment. It also states that after six months of service, the temporary employee must be evaluated. If the evaluation is satisfactory in all categories, it may lead to permanent employment. There are exemptions for workers hired for a specific project or to replace an employee on extended leave.
Amendments to the bill also appropriate $600,000 to prevent the layoffs of 20 V.I. Housing Authority employees and changes how V.I. Lottery revenues are paid out. Currently, 25 percent of lottery revenues are paid into the Education Initiative Fund. The measure signed by deJongh cuts that back to 15 percent. The remaining 10 percent will go to the Government Employees Retirement System to pay out annual cost-of-living bonuses to all retirees over age 60.
- An act to expunge arrest records for people who were arrested but never tried or those who were tried and acquitted. To have an arrest record expunged, an individual would have to petition the court. If the Justice Department objects to the petition, the matter would go before a judge for a hearing. The judge's decision could not be appealed.
- An act authorizing the governor to negotiate with Veterans Resource and Development Inc. for the return of several parcels of land in Upper John Dunkoe surrounding the property on which Patriot Manor was built. If negotiations are successful, about 4 acres will be set aside for the V.I. Housing Finance Authority to build homes for veterans.
The measure also allows the V.I. Housing Finance Authority to build affordable housing units up to three stories tall. Affordable housing units now are restricted to two stories.
It also replaces "Department of Housing, Parks and Recreation" with "V.I. Housing Finance Authority" in an act so that a previously passed appropriation for asbestos removal can be released.
- A St. Thomas zoning change to Parcel No. 5-3 Estate Frydenhoj, No. 3 Red Hook Quarter from R-2 (residential-medium density) to B-3 (business-scattered). The change is for the construction of a $3.7 million commercial retail and office space on the East End of the island.
- A St. Croix zoning change to Plot No. 1 Estate Grange Hill from R-1 (residential-low density) to B-3 (business scattered) for a gated community of affordable-housing condominiums.
- A St. Croix zoning change to Plot No. 11-B King Cross Street in Christiansted from R-4 (residential-medium density) to B-3 (business scattered) for an accounting business and a lawyer's office.
- Contact reporter Aldeth Lewin at 774-8772 ext. 311 or e-mail alewin@dailynews.vi.
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