48 U.S.C. § 1572 — Legislators

Page 144 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1572 of Saint Croix, and one from the District of Saint John, as those Districts were constituted on July 22, 1954, (July 22, 1954, ch. 558, § 5, 68 Stat. 498; Pub. L. 89–548, § 1, Aug. 30, 1966, 80 Stat. 371; Pub. L. 106–364, § 1, Oct. 27, 2000, 114 Stat. 1408.) Editorial Notes AMENDMENTS 2000—Subsec. (b). Pub. L. 106–364 struck out ‘‘fifteen’’ after ‘‘composed of’’ in first sentence and inserted ‘‘The number of such senators shall be determined by the laws of the Virgin Islands.’’ after first sentence. 1966—Subsec. (b). Pub. L. 89–548 raised from eleven to fifteen the total number of senators in the legislature, substituted provision that the legislature be appor- tioned according to the laws of the Virgin Islands for provisions spelling out the division of the Virgin Is- lands into districts, the composition of each such dis- trict, and the district and at-large representation breakdown of the senators in the legislature, struck out provision for the casting of a ballot for two can- didates by each elector in at-large elections and the drawing of lots to determine placement on the ballot in at-large elections, prohibited apportionment in a way which would deny equal protection of the law, and pro- vided for temporary apportionment until the legisla- ture provided otherwise from the districts as con- stituted on July 22, 1954. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–548, § 2, Aug. 30, 1966, 80 Stat. 371, provided that: ‘‘This Act [amending this section] shall be effec- tive with respect to the legislature to be elected at the regular general election in November 1966, and there- after.’’ § 1572. Legislators (a) Terms of office The term of office of each member of the legis- lature shall be two years. The term of office of each member shall commence on the second Monday in January following his election: Pro- vided, however, That the term of office of each member elected in November 1958 shall com- mence on the second Monday in April 1959 and shall continue until the second Monday in April 1961, and the term of office of each member elected in November 1960 shall commence on the second Monday in April 1961 and continue until the second Monday in January 1963. (b) Qualifications of members No person shall be eligible to be a member of the legislature who is not a citizen of the United States, who has not attained the age of twenty- one years, who is not a qualified voter in the Virgin Islands, who has not been a bona fide resident of the Virgin Islands for at least three years next preceding the date of his election, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights. Federal em- ployees and persons employed in the legislative, executive or judicial branches of the govern- ment of the Virgin Islands shall not be eligible for membership in the legislature. (c) Appointment of electoral officers; popular election of members of boards of election All officers and employees charged with the duty of directing the administration of the elec- toral system of the Virgin Islands and its rep- resentative districts shall be appointed in such manner as the legislature may by law direct: Provided, however, That members of boards of elections, which entities of government have been duly organized and established by the gov- ernment of the Virgin Islands, shall be popularly elected. (d) Immunity of members No member of the legislature shall be held to answer before any tribunal other than the legis- lature for any speech or debate in the legisla- ture and the members shall in all cases, except treason, felony, or breach of the peace, be privi- leged from arrest during their attendance at the sessions of the legislature and in going to and returning from the same. (e) Compensation and allowances Each member of the legislature shall be paid such compensation and shall receive such addi- tional allowances or benefits as may be fixed under the laws of the Virgin Islands. Such com- pensation, allowances, or benefits, together with all other legislative expenses, shall be appro- priated by, and paid out of funds of, the govern- ment of the Virgin Islands. (f) Limitations on holding other office No member of the legislature shall hold or be appointed to any office which has been created by the legislature, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elect- ed, or during one year after the expiration of such term. (g) General powers; parliamentary rules The legislature shall be the sole judge of the elections and qualifications of its members, shall have and exercise all the authority and at- tributes, inherent in legislative assemblies, and shall have the power to institute and conduct in- vestigations, issue subpena to witnesses and other parties concerned, and administer oaths. The rules of the Legislative Assembly of the Virgin Islands existing on July 22, 1954 shall con- tinue in force and effect for sessions of the legis- lature, except as inconsistent with this chapter, until altered, amended, or repealed by the legis- lature. (h) Vacancies The Legislature of the Virgin Islands shall by law provide the procedure for filling any va- cancy in the office of member of the legislature. (July 22, 1954, ch. 558, § 6, 68 Stat. 499; Pub. L. 86–289, § 2(a), (b), Sept. 16, 1959, 73 Stat. 568; Pub. L. 89–98, July 30, 1965, 79 Stat. 423; Pub. L. 90–496, § 8(b), Aug. 23, 1968, 82 Stat. 839; Pub. L. 92–389, Aug. 17, 1972, 86 Stat. 563; Pub. L. 93–130, § 1, Oct. 19, 1973, 87 Stat. 460.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (g), was in the original ‘‘this Act’’, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables. Page 145 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1574 AMENDMENTS 1973—Subsec. (h). Pub. L. 93–130 substituted provision authorizing the Legislature of Virgin Islands to provide by law the procedure for filling vacancies in the mem- bership of the Legislature, for provisions authorizing the Governor of the Virgin Islands to fill any such va- cancy by appointment of resident of the district from which the member whose office became vacant was elected if the vacancy is that of a Senator and of resi- dent of any part of Virgin Islands if the vacancy is that of a Senator at large, and that such appointee shall serve for the remainder of the unexpired term. 1972—Subsec. (b). Pub. L. 92–389 reduced the age quali- fication for membership of legislature from twenty-five years to twenty-one years. 1968—Subsec. (c). Pub. L. 90–496 inserted proviso re- quiring members of boards of elections, duly organized by the government, to be popularly elected. 1965—Subsec. (e). Pub. L. 89–98 substituted provisions empowering the government of the Virgin Islands to fix and pay legislative salaries and expenses for provisions which specifically fixed these salaries and expenses and which required the United States Government to pay them. 1959—Subsec. (a). Pub. L. 86–289, § 2(a), substituted, in second sentence, ‘‘January’’ for ‘‘April’’, before ‘‘fol- lowing his election’’, and substituted, in proviso, ‘‘1958’’ for ‘‘1954’’, ‘‘April 1959’’ for ‘‘January 1955’’, and ‘‘1961, and the term of office of each member elected in No- vember 1960 shall commence on the second Monday in April 1961 and continue until the second Monday in January 1963’’ for ‘‘1957’’. Subsec. (e). Pub. L. 86–289, § 2(b), changed the date of payment of salaries, increased the per diem from $10 to $20, and provided that the per diem paid to members of the legislature for official travel outside the Virgin Is- lands should not be at rates in excess of those paid Fed- eral Government employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–130, § 2, Oct. 19, 1973, 87 Stat. 460, provided that: ‘‘The amendment made by the first section of this Act [amending this section] shall apply with respect to vacancies occurring on or after the date of enactment of this Act [Oct. 19, 1973].’’ EFFECTIVE DATE OF 1968 AMENDMENT Amendment of provisions of section necessary to au- thorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments of provisions of section, unless otherwise expressly provided by Pub. L. 90–496, effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set out as a note under section 1591 of this title. § 1573. Time, frequency, and duration of regular sessions; special sessions; place of holding (a) Regular sessions of the legislature shall be held annually, commencing on the second Mon- day in January (unless the legislature shall by law fix a different date), and shall continue for such term as the legislature may provide. The Governor may call special sessions of the legis- lature at any time when in his opinion the pub- lic interest may require it. No legislation shall be considered at any special session other than that specified in the call therefor or in any spe- cial message by the Governor to the legislature while in such session. All sessions of the legisla- ture shall be open to the public. (b) Sessions of the legislature shall be held in the capital of the Virgin Islands at Charlotte Amalie, Saint Thomas. (July 22, 1954, ch. 558, § 7, 68 Stat. 500; Pub. L. 86–289, § 2(c), Sept. 16, 1959, 73 Stat. 569; Pub. L. 90–496, § 1, Aug. 23, 1968, 82 Stat. 837.) Editorial Notes AMENDMENTS 1968—Subsec. (a). Pub. L. 90–496 substituted provi- sions that regular sessions of the legislature shall con- tinue for such term as the legislature may provide for provisions that regular sessions shall continue for not more than sixty consecutive calendar days in any cal- endar year, with the proviso that the regular annual session for 1959, 1960, and 1961 shall commence on the second Monday in April and shall continue for not more than sixty consecutive calendar days, struck out provi- sions that any special session called by the Governor shall continue for not more than fifteen calendar days, with the aggregate of any such special sessions during any calendar year not to exceed thirty calendar days, and inserted provision opening to the public all ses- sions of the legislature. 1959—Subsec. (a). Pub. L. 86–289 substituted ‘‘January (unless the legislature shall by law fix a different date)’’ for ‘‘April’’ and ‘‘regular annual session for each of the years 1959, 1960, and 1961, respectively, shall com- mence on the second Monday in April’’ for ‘‘annual ses- sion for 1955 shall commence on the second Monday in January 1955’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–496, § 1, Aug. 23, 1968, 82 Stat. 837, provided that the amendment made by that section is effective on date of enactment of Pub. L. 90–496, which was ap- proved Aug. 23, 1968. § 1574. Legislative powers and activities (a) Scope of authority; limitation on enactments and taxation The legislative authority and power of the Virgin Islands shall extend to all rightful sub- jects of legislation not inconsistent with this chapter or the laws of the United States made applicable to the Virgin Islands, but no law shall be enacted which would impair rights existing or arising by virtue of any treaty or inter- national agreement entered into by the United States, nor shall the lands or other property of nonresidents be taxed at a higher rate than the lands or other property of residents. (b) Government bonds; maximum amount; sale, interest, etc. (i) The legislature of the government of the Virgin Islands may cause to be issued on behalf of said government bonds or other obligations for a public improvement or public undertaking authorized by an act of the legislature. Such bonds or obligations shall be payable solely from the revenues directly derived from and attrib- utable to such public improvement, public un- dertaking, or other project. Bonds issued pursu- ant to paragraph (i) may bear such date or dates, may be in such denominations, may ma- ture in such amounts and at such time or times, not exceeding thirty years from the date there- of, may be payable at such place or places, may carry such registration privileges as to either principal and interest, or principal only, and may be executed by such officers and in such manner as shall be prescribed by the govern- ment of the Virgin Islands. Said bonds may be