48 U.S.C. § 1575 — Legislative procedure

Page 151 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1575 § 1574c. Priority for payment of principal and in- terest of revenue bonds or other obligations Each issue of bonds or other obligations issued under subsection (a) of section 1574a of this title shall have a parity lien with every other issue of bonds or other obligations issued for payment of principal and interest out of revenues received under section 7652(b)(3) of title 26, except that issues guaranteed under section 1574b of this title shall have priority, according to the date of issue, over issues not so guaranteed and the rev- enues received under section 7652(b)(3) of title 26 shall be pledged for the payment of such bonds or other obligations. (Pub. L. 94–392, § 3, Aug. 19, 1976, 90 Stat. 1195; Pub. L. 105–83, title I, § 124(a), Nov. 14, 1997, 111 Stat. 1567.) Editorial Notes CODIFICATION ‘‘Section 7652(b)(3) of title 26’’ substituted in text for ‘‘section 28(b) of the Revised Organic Act of the Virgin Islands [68 Stat. 508]’’, which was classified to section 3350(c) of former Title 26, Internal Revenue Code, on au- thority of section 7852(b) of Title 26, Internal Revenue Code, which provided that any reference in any other law to a provision of the Internal Revenue Code of 1939 be deemed a reference to the corresponding provision of the Internal Revenue Code of 1986. Section was not enacted as part of the Revised Or- ganic Act of the Virgin Islands which comprises this chapter. AMENDMENTS 1997—Pub. L. 105–83 substituted ‘‘a parity lien with every other issue of bonds or other obligations issued for payment’’ for ‘‘priority for payment’’ and struck out ‘‘in the order of the date of issue’’ before ‘‘, except that’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–83, title I, § 124(b), Nov. 14, 1997, 111 Stat. 1567, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply to obli- gations issued on or after the date of enactment of this section [Nov. 14, 1997].’’ § 1574d. Repealed. Pub. L. 97–357, title III, § 308(g), Oct. 19, 1982, 96 Stat. 1710 Section, Pub. L. 94–392, § 4, Aug. 19, 1976, 90 Stat. 1195, related to grants to government of Virgin Islands for operation of such government and limitation on amount of such grants. § 1575. Legislative procedure (a) Quorum and method of voting on bills The number of members of the legislature needed to constitute a quorum shall be deter- mined by the laws of the Virgin Islands. No bill shall become a law unless it shall have been passed at a meeting, at which a quorum was present, by the affirmative vote of a majority of the members present and voting, which vote shall be by yeas and nays. (b) Enacting clause of acts The enacting clause of all acts shall be as fol- lows: ‘‘Be it enacted by the Legislature of the Virgin Islands’’. (c) Governor’s message and budget The Governor shall submit at the opening of each regular session of the legislature a message on the state of the Virgin Islands and a budget of estimated receipts and expenditures, which shall be the basis of the appropriation bills for the ensuing fiscal year, which shall commence on the first day of July or such other date as the Legislature of the Virgin Islands may deter- mine. (d) Approval and disapproval of bills Every bill passed by the legislature shall, be- fore it becomes a law, be presented to the Gov- ernor. If the Governor approves the bill, he shall sign it. If the Governor disapproves the bill, he shall, except as hereinafter provided, return it, with his objections, to the legislature within ten days (Sundays excepted) after it shall have been presented to him. If the Governor does not re- turn the bill within such period, it shall be a law in like manner as if he had signed it, unless the legislature by adjournment prevents its return, in which case it shall be a law if signed by the Governor within thirty days after it shall have been presented to him; otherwise it shall not be a law. When a bill is returned by the Governor to the legislature with his objections, the legis- lature shall enter his objections at large on its journal and, upon motion of a member of the legislature, proceed to reconsider the bill. If, after such reconsideration, two-thirds of all the members of the legislature pass the bill, it shall be a law. If any bill presented to the Governor contains several items of appropriation of money, he may object to one or more of such items, or any part or parts, portion or portions thereof, while approving the other items, parts, or portions of the bill. In such a case he shall ap- pend to the bill, at the time of signing it, a statement of the items, or parts or portions thereof, to which he objects, and the items, or parts or portions thereof, so objected to shall not take effect, unless the legislature, after re- consideration upon motion of a member thereof, passes such items, parts, or portions so objected to by a vote of two-thirds of all the members of the legislature. (e) Use of prior appropriations upon failure to pass appropriation bills If at the termination of any fiscal year the legislature shall have failed to pass appropria- tion bills providing for payment of the obliga- tions and necessary current expenses of the gov- ernment of the Virgin Islands for the ensuing fiscal year, then the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may be applicable, shall be deemed to be reappropriated item by item. (f) Journal of proceedings; contents The legislature shall keep a journal of its pro- ceedings and publish the same. Every bill passed by the legislature and the yeas and nays on any question shall be entered on the journal. (g) Transmittal of laws to Congress A listing of all laws enacted by the legislature each year shall be transmitted with the annual report to Congress required pursuant to section 1591 of this title. Page 152 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1576 (July 22, 1954, ch. 558, § 9, 68 Stat. 501; Pub. L. 90–496, §§ 2, 3, Aug. 23, 1968, 82 Stat. 837; Pub. L. 95–134, title III, § 301(b), Oct. 15, 1977, 91 Stat. 1163; Pub. L. 95–348, § 4(c)(1), Aug. 18, 1978, 92 Stat. 490; Pub. L. 96–470, title II, § 206(d), Oct. 19, 1980, 94 Stat. 2244; Pub. L. 106–364, § 2, Oct. 27, 2000, 114 Stat. 1408.) Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–364 amended first sen- tence generally. Prior to amendment, first sentence read as follows: ‘‘The quorum of the legislature shall consist of eight of its members.’’ 1980—Subsec. (g). Pub. L. 96–470 substituted provision requiring a listing of all laws enacted by the legislature each year be transmitted with the annual report to Congress required by section 1591 of this title for provi- sion requiring copies of all laws enacted by the legisla- ture be transmitted within 15 days of their enactment by the Governor to the Secretary of the Interior and by the Secretary annually to Congress. 1978—Subsec. (c). Pub. L. 95–348 inserted provision au- thorizing the Virgin Islands Legislature to determine other dates on which the fiscal year shall commence. 1977—Subsec. (d). Pub. L. 95–134 inserted ‘‘, unless the legislature, after reconsideration upon motion of a member thereof, passes such items, parts, or portions so objected to by a vote of two-thirds of all the mem- bers of the legislature’’ after ‘‘shall not take effect’’. 1968—Subsec. (a). Pub. L. 90–496, § 2, increased the quorum requirement from seven to eight members. Subsec. (d). Pub. L. 90–496, § 3, inserted requirement that when a bill is returned by the Governor to the leg- islature, a motion of a member of the legislature is necessary for the legislature to reconsider the bill, and substituted provisions that if, after reconsideration by the legislature, two-thirds of all the members of the legislature pass a bill returned by the Governor, it shall be a law for provisions that if, after reconsider- ation by the legislature, two-thirds of all the members of the legislature agree to pass the bill, it shall be pre- sented anew to the Governor for his approval, provi- sions that if the Governor does not approve the bill, the bill shall be sent to the President of the United States for his approval, provisions that if the President dis- approves the bill, the bill shall be returned to the Gov- ernor, stating the President’s disapproval, and it shall not be a law, and provisions that if the President nei- ther approves nor disapproves the bill within 90 days after it was sent to him by the Governor, the bill shall be a law as if the President had signed it. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–496, § 2, Aug. 23, 1968, 82 Stat. 837, provided that the amendment made by section 2 is effective on the date of enactment of Pub. L. 90–496, which was ap- proved Aug. 23, 1968. 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. § 1576. General elections; time; transfer of Coun- cil functions, property, etc. The next general election in the Virgin Islands shall be held on November 2, 1954. At such time there shall be chosen the entire membership of the legislature as herein provided. Thereafter the general elections shall be held on the first Tuesday after the first Monday in November, be- ginning with the year 1956, and every two years thereafter. The Municipal Council of Saint Thomas and Saint John, and the Municipal Council of Saint Croix, existing on July 22, 1954, shall continue to function until January 10, 1955, at which time all of the functions, property, per- sonnel, records, and unexpended balances of ap- propriations and funds of the governments of the municipality of Saint Thomas and Saint John and the municipality of Saint Croix shall be transferred to the government of the Virgin Islands. (July 22, 1954, ch. 558, § 10, 68 Stat. 502.) SUBCHAPTER IV—EXECUTIVE BRANCH § 1591. Governor and Lieutenant Governor; elec- tion; eligibility; official residence; powers and duties; report The executive power of the Virgin Islands shall be vested in an executive officer whose of- ficial title shall be the ‘‘Governor of the Virgin Islands’’. The Governor of the Virgin Islands, to- gether with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the legislature of the Virgin Islands. The Gov- ernor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both officers. If no candidates receive a majority of the votes cast in any elec- tion, on the fourteenth day thereafter a run-off election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieu- tenant Governor shall be held on November 3, 1970. Thereafter, beginning with the year 1974, the Governor and Lieutenant Governor shall be elected every four years at the general election. The Governor and Lieutenant Governor shall hold office for a term of four years and until their successors are elected and qualified. No person who has been elected Governor for two full successive terms shall be again eligible to hold that office until one full term has inter- vened. The term of the elected Governor and Lieutenant Governor shall commence on the first Monday of January following the date of election. No person shall be eligible for election to the office of Governor or Lieutenant Governor un- less he is an eligible voter and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of the Virgin Islands and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official residence in the Government House on Saint Thomas during his incumbency, which house, together with land appurtenant thereto, is hereby transferred to the government of the Virgin Islands. While in Saint Croix the Gov- ernor may reside in Government House on Saint Croix, which house, together with land appur- tenant thereto is also transferred to the govern- ment of the Virgin Islands. The Governor shall have general supervision and control of all the departments, bureaus, agencies, and other instrumentalities of the ex-