FLOOR 
04/25/2024-SPECIAL ORDERED TO THE FLOOR 
 
 
BILL NO. 
35-0268 
 
Thirty-Fifth Legislature of the Virgin Islands 
 
 
 
April 25, 2024 
 
 
 
An act amending title 23 Virgin Islands Code, chapter 10, subchapter I relating to a declaration 
of a state of emergency by the Governor and matters related thereto 
 
 
 
PROPOSED BY: 
 
 
Senators Alma Francis Heyliger, Dwayne M. DeGraff,  
Franklin D. Johnson, Marvin A. Blyden, Donna A. Frett-Gregory, 
Novelle E. Francis, Jr., Angel A Bolques, Jr., Ray Fonseca,  
Diane T. Capehart, Kenneth L. Gittens, Milton E. Potter, and 
Samuel Carriόn 
Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Title 23 Virgin Islands Code, chapter 10, subchapter I is amended in the 
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following instances: 
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(a) 
Section 1004, subsection (a) is amended by re-designating paragraphs (3)-(14) as 
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paragraphs (4)-(15) and inserting a new paragraph (3) to read as follows:  
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“(3) “man-made catastrophe” means a disaster created or caused by deliberate or 
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negligent human actions.” 
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(b) 
Section 1005 is amended as follows: 
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(1) 
Insert the following language after the last sentence in subsection (b): 
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“The Governor shall submit written notification to the Legislature of any 
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actions taken under this subsection not later than 10 days after the action is taken.” 
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(2) 
Subsection (d) is amended by inserting the following language after the 
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second sentence: 
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“The members of the Legislature may meet on their own initiative and may, 
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by a two-thirds majority vote, terminate a state of emergency declared by the 
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Governor.” 
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(3) 
Subsection (g), paragraph (2) is amended by striking “Utilize” and inserting 
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“Except as provided in subsection (h), utilize” 
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(4) 
Strike subsection (h) and insert a new subsection (h) to read as follows: 
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“(h) The Governor shall obtain legislative approval for any expenditures of 
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government funds in response to emergencies or major disasters resulting from 
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man-made catastrophes. The Legislature shall consider the request to expend 
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government funds not later than five days after its receipt. If the Legislature fails 
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to consider the request within the five -day period, the request to expend 
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government funds is automatically approved.” 
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BILL SUMMARY 
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This Act  amends title 23 Virgin Islands Code, chapter 10, subchapter I, section 1004 by 
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defining the term “man-made catastrophe”, and section 1005 by amending subsection (b) by 
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requiring the Governor to submit written notification to the Legislature of any actions taken 
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under subsection (b) which section allows the Governor to take any measures during an 
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emergency or major disaster that the Governor deems appropriate to effectuate any request of 
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the President and appropriate federal officers and agencies for any action requiring emergency 
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management coordination and cooperation; subsection (d) by allowing the Legislature, by a 
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two-thirds majority vote, to terminate a state of emergency declared by the Governor; and 
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subsection (h) by striking the existing language which allows the Legislature to limit or modify 
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certain powers granted to the Governor in a state of emergency, and inserting a new subsection 
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(h) requiring the Governor to obtain legislative approval for any expenditures of government 
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funds in response to emergencies or major disasters resulting from man-made catastrophes. 
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The Legislature must consider the request to expend government funds not later than five days 
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after its receipt.  If the Legislature fails to consider the request within the five -day period, the 
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request to expend government funds is automatically approved. 
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BR24-1101/April 25, 2024/GC 
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