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Senators approved several significant bills during Thursday’s Legislative Session, including legislation intended to help keep the Virgin Islands government running during the ongoing federal shutdown, and a resolution to petition Congress to allow Virgin Islanders to access health insurance under the Affordable Care Act. Congress remains deadlocked over the extension of healthcare subsidies and tax credits, which Democrats want included in a continuing resolution, while Republicans say they won’t discuss the matter until a majority of lawmakers vote to reopen the government. “The irony of the current situation is that, while the federal government is paralyzed over policies related to the continuation of health-care benefits for Americans, the Virgin Islands and other U.S. territories are not fully included in or eligible for those same benefits under the ACA,” according to Bill No. 36-0203, which Sen. Kurt Vialet special ordered to the floor Thursday. “Further compounding this irony is the fact that the federal government shutdown stemming from disputes over programs from which the Virgin Islands are excluded, disrupts and delays essential federal services and funding upon which the territory depends,” according to the bill. The “inequitable arrangement” means Virgin Islanders are being negatively affected by debates over programs they can’t even benefit from, “illustrating the urgent need for comprehensive inclusion in national health care initiatives,” according to the bill. The bill highlighted the territory’s “strategic importance to national security” and the fact that Virgin Islanders serve in the U.S. military at rates comparable to or higher than many states, but remain excluded from the full rights and benefits available to stateside residents, such as the ability to vote for President. The exclusion from the ACA has left Virgin Islanders with limited access to affordable health insurance options, and hospitals must provide uncompensated emergency care to the uninsured, so the local government “must shoulder a disproportionate share of the cost for public health programs due to limited federal funding and capped Medicaid allocations, unlike states that receive open-ended federal matching support,” according to the bill. “We’re asking to be included,” Vialet explained Thursday. “If we’re successful in our petition, it is going to help our hospitals because the number of individuals that are insured are going to increase. It’s going to improve the quality of healthcare, it’s going to improve lives in the Virgin Islands where individuals are not fighting sickness in isolation.” The 13 senators present voted unanimously to approve the resolution, with Sens. Avery Lewis and Dwayne DeGraff excused. Sixth Constitutional Convention Senators also unanimously supported Bill No. 36-0201, which extends the deadline for the Sixth Constitutional Convention to submit a draft to the governor from October 31, 2025, to February 28, 2027, establishes July 3, 2027 as the new referendum date, and adds $200,000 to the original $150,000 appropriation to support operations. “These proposed changes are intended to ensure an appropriate and thorough engagement of the public prior to submitting a draft Constitution to the Governor of the Virgin Islands, while ensuring the Delegates of the Convention can both digest and act upon recommendations or concerns shared by the community during the public engagement process,” Chairman Usie Richards testified during the Committee of the Whole on Wednesday. “More importantly, the Delegates of the Convention are of the opinion that a separate and stand-alone referendum, one that’s not mingled with a General Election, provides the opportunity for focusing solely on the draft Constitution, while providing a true yardstick that measures the public’s interest in a constitution,” he added. Secretary Imani Daniel said they want to ensure there’s public feedback on the draft, which should be completed in around six months, “and then next year’s the big push with our marketing contractor to get a lot of deliverables and assets and public information into the community as well.” Daniel said they’re “really reimagining our future, one that is around self-determination and transparency and accountability,” and asked Virgin Islanders for their attention and support. Delegate Rudel Hodge Jr. emphasized that “this is the first Constitutional Convention that we’ve had in this digital time,” and they’ve been working to research and compare similar efforts so they can ensure they “deliver the Virgin Islands a document that they can be proud of.” “I just want to thank the Delegates of the Sixth Constitutional Convention for their hard work,” said Senate President Milton Potter. “The process is not necessarily seen as a fun, exciting barrel of laughs, it takes discipline, it takes thought, it takes research, it takes diligence, but it is something that is very important.” It’s “really an opportunity for us to collectively decide what type of government, what type of society we want to have. That’s critical,” Potter said. “This gives us that opportunity. I only hope that the majority of Virgin Islanders understand it, that our children understand it. I am grateful that we have young people on this Commission because I think that in the past has been the missing voice.” He added that, “It gives me a sense of joy and pride that you find this important enough an issue to vie for a seat on this Commission. There’s hope for us, there’s hope for the future, there’s hope for this territory.” Help for SNAP recipients On Thursday, senators also unanimously voted to approve Bill No. 36-0202, an emergency measure which appropriates $2.77 million from the Budget Stabilization Fund to the Department of Human Services to provide checks for half of the benefits that Supplemental Nutrition Assistance Program participants would typically receive in November. The move ensures at least some food security for the 25% of Virgin Islanders who receive SNAP, and Office of Management and Budget Director Julio Rhymer issued a statement Thursday, praising senators for their swift action. “In the territory as of this week 10,603 households, representing 20,700 men, women, and children depend on SNAP to make ends meet,” Rhymer said, and the money is a critical lifeline for children, seniors, and disabled residents who rely on the support. Senators also voted to allow the local government to utilize up to $100 million in credit to keep the government functioning until the federal shutdown ends. That measure was one of nine non-germane amendments tacked on to an unrelated piece of legislation at the very end of Thursday’s session. Proposed by Sen. Novelle Francis Jr., the amendment used existing legislation providing the government with a $250,000 line of credit for vendor payments and disaster recovery projects, and specified that $100 million of that shall be available to help keep the government running during the federal shutdown. $50 million is to be used for operating expenditures, and another $50 million will become available for either disaster recovery projects or operating expenses if the shutdown extends beyond Dec. 1. The allocation terminates immediately upon the federal government reopening. Sen. Alma Francis Heyliger said what was originally $100 million “turned into a $250 million line of credit,” and expressed concern about giving the local government essentially unfettered access to that credit for government operations, and Francis emphasized that the second $50 million would only become available in December. Non-germane amendments Several of the non-germane amendments made technical corrections to existing legislation, while others appropriated funds. Francis sponsored an amendment that allocates money from the Casino Revenue Fund, including 23% to the Casino Control Commission for operations, 15% to the Education Department for extracurricular activities, 10% to the Justice Department’s Division of Gaming Enforcement, 10% to the Department of Health, 10% to the Department of Sports, Parks and Recreation for youth sports, 10% to the V.I. Police Department, 10% to youth programs sponsored by the Department of Labor, 5% to the Department of Agriculture to fund the mandates of the Territorial Agriculture Plan, 4% to the V.I. Government Hospitals and Health Facilities Corporation, 2% to the V.I. Economic Development Authority for rehabilitation of the historic districts in Christiansted and Frederiksted, and 1% to the Casino Control Commission for programs to treat and prevent gambling addiction. The legislation requires that the Commissioner of Finance shall publish reports on all revenue and expenditures from the fund in at least two Virgin Islands newspapers, on March 15 and Sept. 16 of each year. One non-germane amendment appropriated $20,000 from the Tourism Advertising Revolving Fund to the Department of Sports, Parks, and Recreation for the Ethiopian World Federation Local Five Inc. to support the design and construction of the Vaughn Benjamin Monument. Another appropriated $15,000 from the same fund to the same department to be used by the V.I. Baseball Federation to assist the V.I. National Team’s representation of the territory in the Confederation of Pan American Baseball Caribbean Cup Classic Tournament. The so-called “Christmas tree bill” that senators adorned with non-germane amendments, Bill No. 36-0119, was originally intended solely to reallocate a previous appropriation to VIGL Operations LLC of $5 million, to the Department of Sports, Parks, and Recreation to complete the Randall “Doc” James Racetrack on St. Croix. The government entered an agreement with VIGL in 2016, but the horse track was destroyed by the 2017 hurricanes, and the company never followed through with plans to rebuild the facility. Sports, Parks and Recreation Commissioner Vincent Roberts testified at a committee hearing earlier this month that the $5 million would cover design and some initial site preparation, but the full rebuild is estimated to cost between $12 million and $14 million. Joseph again draws drama Some brief moments of drama came Thursday when Sen. Carla Joseph said some Crucian senators “weren’t very supportive” of previous efforts to subpoena VIGL representatives to testify before the Legislature, and “we found out really, they were bamboozling us. They were bamboozling the people of St. Croix. So it took a St. Thomian to appropriate some monies and get things moving.” Her volume increased as she also criticized the Horse Racing Commission representatives who “couldn’t tell us how much money they’ve been earning from the horse races over here in St. Thomas, we have to see what revenues are coming in.” Joseph had previously suggested she would offer an amendment to the bill to appropriate funding for a study on horse racing on St. Croix, and she said Thursday “I do have an amendment.” But Joseph did not end up bringing the amendment to the floor, after sharp criticism from two Crucian senators. Francis spoke calmly but his voice dripped with sarcasm as he recounted how, “all of a sudden we want to fund for a study to be done on the track on St. Croix. Horse racing been going on for 50, 60, 70 years, all of a sudden, you want to find out about it. That bill is dead on arrival.” Francis emphasized his point by admonishing, “I rebuke you in the name of Jesus!” sending his colleagues into fits of laughter. On a more serious note, Francis acknowledged that the $5 million “is insufficient, we know that, however, it’s a start,” and “we’ll have to kind of find the additional funding that we require.” Francis added that “there’s no need for us to be pitting one district against the next,” and Sen. Marise James said her father was a healer who loved racing and St. Croix, and his legacy should be a place where people can come together as a community. “We need to calm down,” James said, before commending Francis. “It takes a lot to ruffle his feathers and man, I saw them ruffled today, but he maintained his composure and I respect that.” Nominations and resolutions Senators unanimously approved Gov. Albert Bryan Jr.’s nomination of Joan Foy to serve on the V.I. Water and Power Authority Board, and Mark Wiechnik to serve on the V.I. Historic Preservation Commission. Senators also approved bills honoring and commending Dr. Alfred Lee Anduze for his “outstanding achievements and significant contributions to the fields of medicine, science, public health, and community empowerment,” and Dennis “Pumpa” Lennox Leroy Liburd, Jr. “for his many contributions to the Virgin Islands culture and music industry as a Soca artist by awarding him the Official key to the Territory and naming the main entrance of 6-Y Peters Rest Road, Christiansted, St. Croix in his honor.” Senators also voted to approve: Bill No. 36-0128, to rezone Parcel No. 68A Estate Lindberg Bay, No. 4A, Southside Quarter, St. Thomas from Public to R-3, Residential-Medium Density. The measure will enable the V.I. Port Authority to lease the property, known locally as “Thatch Farm,” to The Benoit Group to create 126 units of affordable rental housing.Bill No. 36-0061, allowing retirees who are receiving an annuity from the Government Employees Retirement System who are subsequently employed by the University of the Virgin Islands to continue to receive their GERS annuity while receiving their salary from the University if the retiree enrolls in a different retirement plan.Bill No. 36-0083, establishing a 90-day amnesty period for the waiver of penalties for payment of outstanding property taxes, income taxes, and gross receipt taxes for all tax years to assist taxpayers and businesses recovering from the aftermath of Hurricanes Irma and Maria and Tropical Storm Ernesto.Bill No. 36-0099, expanding the Elder and Dependent Adult Abuse Prevention Act.Bill No. 36-0121, to rename the Peter Carl Limpricht Park the TSK Park in honor of the Ten Sleepless Knights quelbe band and appropriating $25,000 for new signage.Bill No. 36-0123, making it unlawful for a person who has 0.04% or more, by weight, of alcohol in their blood to operate a commercial motor vehicle, and making it unlawful for a person under the age of 21 years who has any detectable amount of alcohol in his blood, to operate a motor vehicle.Bill No. 36-0136, mandating lethal weapon training for security guards and investigators.Bill No. 36- 0140, clarifying the term of service for members of the Historic Preservation Commission.Bill No. 36-0141, to add a term of service for appointees to the Board of Physical Therapy.Bill No. 36-0142, changing the maximum number of members of the Board for the Licensing of Barbering and Cosmetology.
