P a g e | 1 Rules and Judiciary Committee Report June 25, 2025 Memorandum: 25-011 TO: Mrs. Kurell A. Sheridan, JD Executive Director 36th Legislature of the V.I. FROM: The Honorable Carla J. Joseph _________________________ Chair Committee on Rules and Judiciary DATE: June 27, 2025 SUBJECT: Committee Report for Wednesday, June 25, 2025 Hearing Please find attached the report for the Committee on Rules and Judiciary hearing held on Wednesday, June 25, 2025 in the Earle B. Ottley Legislative Hall, St. Thomas. CC: All Senators Chief Legal Counsel Archive Division Journal Division P a g e | 2 Rules and Judiciary Committee Report June 25, 2025 RULES AND JUDICIARY JUNE 25, 2025 COMMITTEE HEARING REPORT The Committee on Rules and Judiciary held its hearing on Wednesday, June 25, 2025, at the Earle B. Ottley Legislative Hall on St. Thomas. The Committee considered the following Bills:  Bill No. 36-0032 - An act amending title 33 Virgin Islands Code, subtitle 3, chapter 111, section 3080 by limiting the salary amount used to compute the service retirement annuity for the Governor and the Lieutenant Governor of the Virgin Islands. Proposed by: Senators Kurt A. Vialet and Ray Fonseca  Bill No. 36-0062 - An Act approving the lease agreement between the government of the Virgin Islands, acting through its Commissioner of the Department of Property and Procurement, and the United States Department of Commerce, National Oceanic and Atmospheric Administration for a portion of the telecommunications tower located on Parcel R-22 of Tract 1 Estate Nazareth, No. 1 Red Hook Quarter, St. Thomas. Proposed by: Senator Milton E. Potter, by Request of the Governor  Bill No. 36-0098 - An Act approving the lease agreement between the Government of the Virgin Islands, acting through the Commissioner of the Department of Property and Procurement, and Caribbean Buzz, LLC for a portion of Remainder Parcel No. 3B Estate Susannaberg, 17A Cruz Bay Quarter, St. John, Virgin Islands for the purpose of operating and managing a helicopter transportation service at the existing helipad and for other permitted purposes. Proposed by: Senator Milton E. Potter, by Request of the Governor  Bill No. 36-0024 - An Act amending title 14 Virgin Islands Code, chapter 85 by adding section 1710 declaring a person incapable of consent to sexual relations while the person is in police custody. Proposed by: Senator Ray Fonseca  Bill No. 36-0027 - An Act amending title 5 Virgin Islands Code, subtitle 3, part I, chapter 311, by enacting Jah’niqua’s Law requiring a defendant to pay restitution in form of child maintenance if the victim of the offense was the parent or guardian of a minor child or dependent and if the defendant was convicted of negligent homicide by means of a motor vehicle, a violation of the title 20 Virgin Islands Code, section 504, while under the influence of or affected by intoxicating liquor or narcotic drugs; or was convicted of driving under the influence of intoxicating liquors or controlled substances, a violation of title 20 Virgin Islands Code, section 493, which results in an accident that causes the victim to become disabled or totally and permanently disabled. Proposed by: Senators Kenneth L. Gittens, Avery L Lewis and Angel L. Bolques, Jr.\  Bill No. 36-0031 – An Act amending title 23 Virgin Islands Code, chapter 10, subchapter IV, section 1073 to exempt a public safety agency or privacy safety entity from liability for acts of negligence in the operation, administration or maintenance of a 911 service unless the acts are committed in a grossly negligent manner or are committed with willful intent. Proposed by: Senators Alma Francis Heyliger and Avery L. Lewis  Bill No. 36-0057 – An Act amending title 5 Virgin Islands Code, chapter 314, section 3733, subsection (a) to require automatic expungement of the arrest record and complaint or information when the accused has been acquitted. Proposed by: Senators Alma Francis Heyliger and Avery L. Lewis P a g e | 3 Rules and Judiciary Committee Report June 25, 2025  Bill No. 36-0035 – An Act amending title 15 Virgin Islands Code, article V to allow the Governor of the Virgin Islands to implement the federal mandate of the Stephen J. Beck, Jr., Achieving Better Life Experiences, which provides for the establishment of savings accounts for persons with disabilities. Proposed by: Senators Novelle E. Francis, Jr., and Kurt A. Vialet Co-sponsors Marise C. James, Hubert L Frederick, Ray Fonseca, Angel L. Bolques, Jr., Clifford A. Joseph, Sr., Avery L. Lewis and Milton E. Potter  Bill No. 36-0043 – An Act amending title 19 Virgin Islands Code, part VI, chapter 53, subchapter IV, section 1481 by increasing the penalties for violation of sanitation laws. Proposed by: Senators Angel L. Bolques. Jr. and Marvin A. Blyden  Bill No. 36-0050 – An Act repealing and reenacting with amendments title 27 Virgin Islands Code, chapter 20, relating to the regulation of the profession of social work and social workers. Proposed by: Senators Novelle E. Francis, Jr. and Marvin A. Blyden  Bill No. 36-0051 – An Act amending title 27 Virgin Islands Code, chapter 20 by establishing the Virgin Islands Board of Social Work Licensure. Proposed by: Senators Novelle E. Francis, Jr. and Marvin A Blyden  Bill No. 36-0029 – A Resolution honoring and commending Sonya Hough, the creator of the St. Croix “Crucian” Hook Bracelet and proprietor of one of the first hand-wrought jewelry stores in St. Croix. Proposed by: Senator Kenneth L. Gittens, Co-sponsor Ray Fonseca  Bill No. 36-0007 – A resolution honoring and commending James Sasso for distinguished service in the mortuary and funeral service industry. Proposed by: Senator Angel L. Bolques, Jr. Co-sponsor Avery L. Lewis and Ray Fonseca  Bill No. 36-0064 – An Act amending title 33 Virgin Islands Code, chapter 111, section 3100i aligning the disbursement and spending limitations of funds allotted to public schools from the Education Initiative Fund with the realities of academic planning, ensuring that funds are used to maximize student success. Proposed by: Senator Kurt A. Vialet  Bill No. 36-0090 – An act amending title 1 Virgin Islands Code, chapter 11 by adding section 200m to declare the week beginning the Monday before the first Friday in June as the Virgin Islands Gun Violence Awareness Week. Proposed by Senator Angel L. Bolques, Jr.  Bill No. 36-0097 – A resolution commending the National Conference of States Legislatures (“NCSL”) on its 50th anniversary and recognizing the NCSL for its commitment to the legislative institution. Proposed by Senator Milton Potter.  Bill No. 36-0012 – An Act amending title 3 Virgin Islands Code, chapter 27 to streamline the GERS disability annuity approval procedures and for other related issues. Proposed by Senator Milton Potter P a g e | 4 Rules and Judiciary Committee Report June 25, 2025 The meeting was called to order by the Committee Chair, Sen. Carla J. Joseph at 10:02 a.m. Committee Members Present Non-Committee Members Present Sen. Carla J. Joseph, Chair Sen. Kenneth L. Gittens, Vice Chair Sen. Angel L. Bolques, Jr. Sen. Alma Francis Heyliger Sen. Clifford A. Joseph, Sr. Sen. Avery L. Lewis Sen. Milton E. Potter Office of the Executive Director Mr. Charles Brown, Jr. Ms. Jevon Ottley Mr. Isaac Winston Ms. Myrna De-Altier-Pickard Sergeant-At-Arms Mr. Delvin Fleming Public Affairs/Media Mr. Kashief Hamilton Mr. Dequan Miller Ms. Chaunte Herbert Ms. Diana Cruz Mr. Jamal Potter Mr. Alwyn Baptiste, Jr. Mr. Alvin Burke, Jr. Ms. Melissa Gustave Sen. Novelle E. Francis, Jr. Sen. Ray Fonseca Sen. Kurt A. Vialet Legislative Reporters Mrs. Nataya Munoz-Melchoir Ms. Tricia D. Sealey Mrs. Vashti Gerald-Berry Clerk/Timekeeper Ms. Neta Christopher Supporting Staff Ms. Shania Nieves Ms. Tanise Leblanc Legal Counsel Attorney Laverne Mills-Williams In block one of the meeting, Bill No. 36-0032 was introduced by Senator Kurt A. Vialet, Bill Nos. 36-0062 and 36-0098 were introduced by Senator Milton E. Potter. Senators proceeded with one (1) round of four (4) minutes each of debate time. Senator Kenneth L. Gittens made a motion for Bill No. 36-0032 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senator Bolques, Jr. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., and Potter. Senator Lewis voted against the measure. The motion was carried. (6 yeas, 1 nay). Senator Milton E. Potter made a motion for Bill No. 36-0062 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senator Bolques, Jr., and Lewis. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). P a g e | 5 Rules and Judiciary Committee Report June 25, 2025 Senator Milton E. Potter made a motion for Bill No. 36-0032 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senator Bolques, Jr. Voting in favor were Senator Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). In block two of the meeting, Bill No. 36-0024 was introduced by Senator Angel L. Bolques, Jr., Bill No. 36-0027 was introduced by Senator Kenneth L. Gittens, and Bill Nos. 36-0031 and 36-0057 were introduced by Senator Alma Francis Heyliger. Senators proceeded with one (1) round of three (3) minutes each of debate time. Senator Angel L. Bolques Jr., made a motion to move Amendment No. 36-348 to Bill No. 36- 0024. The motion was seconded by Senators Lewis and Potter. Senator Lewis then made a motion to waive the reading of Amendment No. 36-348. The motion was seconded by Senator Potter. The motion to waive the reading was carried. Hearing no objections, the motion to amend Bill No. 36-0024 was carried. Senator Bolques then made a motion for Bill 36-0024 as amended to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senator Potter. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). Senator Kenneth L. Gittens made a motion for Bill No. 36-0027 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senators Bolques, Jr., Clifford Joseph, Potter, Lewis, and Francis Heyliger. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). Senator Alma Francis Heyliger made a motion for Bill No. 36-0031 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senators Potter and Lewis. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). Senator Alma Francis Heyliger made a motion for Bill No. 36-0057 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senators Potter and Clifford Joseph. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). In block three of the meeting, Bill No. 36-0035 was introduced by Senator Novelle E. Francis, Jr., Bill No. 36-0043 was introduced by Senator Angel L. Bolques, Jr., and Bill Nos. 36-0050 and 36-0051 were introduced by Senator Novelle E. Francis, Jr. Senators proceeded with one (1) round of three (3) minutes each of debate time. Senator Avery L. Lewis made a motion to move Amendment No. 36-380 to Bill No. 36-0035. The motion was seconded by Senators Bolques and Potter. Senator Bolques then made a motion to waive the reading of Amendment No. 36-380. The motion was seconded by Senator Potter. The motion to waive the reading was carried. Hearing no objections, the motion to amend Bill No. 36-0035 was carried. Senator Lewis then made a motion for Bill 36-0035 as amended to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. P a g e | 6 Rules and Judiciary Committee Report June 25, 2025 The motion was seconded by Senators Bolques and Potter. Voting in favor were Senators Carla J. Joseph, Bolques, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (6 yeas, 1 absent). Senator Angel L. Bolques Jr., made a motion to move Amendment No. 36-418 to Bill No. 36- 0043. The motion was seconded by Senator Potter. Senator Lewis then made a motion to waive the reading of Amendment No. 36-418. The motion was seconded by Senators Potter and Clifford Joseph. The motion to waive the reading was carried. Hearing no objections, the motion to amend Bill No. 36-0043 was carried. Senator Bolques then made a motion for Bill 36-0043 as amended to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senators Bolques, Clifford Joseph, and Potter. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). Senator Angel L. Bolques Jr., made a motion to move Amendment No. 36-407 to Bill No. 36- 0050. The motion was seconded by Senator Potter. Senator Lewis then made a motion to waive the reading of Amendment No. 36-407. The motion was seconded by Senator Potter. The motion to waive the reading was carried. Hearing no objections, the motion to amend Bill No. 36-0050 was carried. Senator Bolques then made a motion for Bill 36-0050 as amended to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senators Lewis and Potter. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). Senator Angel L. Bolques Jr., made a motion to move Amendment No. 36-408 to Bill No. 36- 0051. The motion was seconded by Senator Lewis. Hearing no objections, the motion to amend Bill No. 36-0051 was carried. Senator Bolques then made a motion for Bill 36-0051 as amended to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senator Lewis. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). In the final block of the meeting, Bill No. 36-0029 was introduced by Senator Kenneth L. Gittens, Bill No. 36-0007 was introduced by Senator Angel L. Bolques, Jr., Bill No. 36-0064 was introduced by Senator Kurt A. Vialet, Bill No.36-0090 was introduced by Senator Angel L. Bolques, Jr., and Bill Nos. 36-0097 and 36-0012 were introduced by Senator Milton E. Potter. Senators proceeded with one (1) round of four (4) minutes each of debate time. Senator Avery L. Lewis made a motion for Bill No. 36-0029 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senators Potter, Francis Heyliger, Clifford Joseph, and Gittens. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). Senator Angel L. Bolques, Jr., made a motion for Bill No. 36-0007 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senators Potter and Lewis. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). P a g e | 7 Rules and Judiciary Committee Report June 25, 2025 Senator Angel L. Bolques Jr., made a motion to move Amendment No. 36-435 to Bill No. 36- 0064. The motion was seconded by Senator Lewis. Hearing no objections, the motion to amend Bill No. 36-0064 was carried. Senator Gittens then made a motion to move Amendment No. 36-436 to Bill No. 36-0064. The motion was seconded by Senators Bolques, Lewis, Potter, and Clifford Joseph. Hearing no objections, the motion to amend Bill No. 36-0064 was carried. Senator Bolques made a motion for Bill 36-0064 as amended to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senators Lewis, Potter, and Clifford Joseph. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). Senator Angel L. Bolques, Jr., made a motion for Bill No. 36-0090 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senators Potter and Lewis. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). Senator Milton E. Potter made a motion for Bill No. 36-0097 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senator Bolques. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). Senator Milton E. Potter made a motion for Bill No. 36-0012 to be favorably voted upon in the Committee on Rules and Judiciary and forwarded to the full body for further consideration and action. The motion was seconded by Senators Lewis and Clifford Joseph. Voting in favor were Senators Carla J. Joseph, Bolques, Francis Heyliger, Gittens, Clifford A. Joseph, Sr., Lewis, and Potter. The motion was carried. (7 yeas). The Chair, Sen. Carla J. Joseph, adjourned the Committee on Rules and Judiciary hearing at 2:03 p.m.