48 U.S.C. § 1592 — Repealed. Pub. L. 89–554, § 8(a), Sept. 6,

Page 153 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1592 ecutive branch of the government of the Virgin Islands. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as pro- vided in this chapter. He shall appoint, and may remove, all officers and employees of the execu- tive branch of the government of the Virgin Is- lands, except as otherwise provided in this or any other Act of Congress, or under the laws of the Virgin Islands, and shall commission all offi- cers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of the Virgin Islands and the laws of the United States applicable in the Virgin Is- lands. Whenever it becomes necessary, in case of disaster, invasion, insurrection, or rebellion or imminent danger thereof, or to prevent or sup- press lawless violence, he may summon the posse comitatus or call out the militia or re- quest assistance of the senior military or naval commander of the Armed Forces of the United States in the Virgin Islands or Puerto Rico, which may be given at the discretion of such commander if not disruptive of, or inconsistent with, his Federal responsibilities. He may, in case of rebellion or invasion or imminent danger thereof, when the public safety requires it, pro- claim the islands, insofar as they are under the jurisdiction of the government of the Virgin Is- lands, to be under martial law. The members of the legislature shall meet forthwith on their own initiative and may, by a two-thirds vote, re- voke such proclamation. The Governor shall prepare, publish, and sub- mit to the Congress and the Secretary of the In- terior a comprehensive annual financial report in conformance with the standards of the Na- tional Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive an- nual financial report shall include statistical data as set forth in the standards of the Na- tional Council on Governmental Accounting re- lating to the physical, economic, social, and po- litical characteristics of the government, and any other information required by the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall have the power to issue executive orders and regulations not in conflict with any applica- ble law. He may recommend bills to the legisla- ture and give expression to his views on any matter before that body. There is hereby established the office of Lieu- tenant Governor of the Virgin Islands. The Lieu- tenant Governor shall have such executive pow- ers and perform such duties as may be assigned to him by the Governor or prescribed by this chapter or under the laws of the Virgin Islands. (July 22, 1954, ch. 558, § 11, 68 Stat. 503; Pub. L. 90–496, § 4, Aug. 23, 1968, 82 Stat. 837; Pub. L. 97–357, title III, § 309(a), Oct. 19, 1982, 96 Stat. 1710; Pub. L. 98–454, title V, § 502, Oct. 5, 1984, 98 Stat. 1735; Pub. L. 105–362, title IX, § 901(n), Nov. 10, 1998, 112 Stat. 3290.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 Is- lands, 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. AMENDMENTS 1998—Pub. L. 105–362, in fourth paragraph, struck out ‘‘The Governor shall transmit the comprehensive an- nual financial report to the Inspector General of the Department of the Interior who shall audit it and re- port his findings to the Congress.’’ after ‘‘other infor- mation required by the Congress.’’ and ‘‘He shall also submit to the Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of actions taken or contemplated on Federal audit rec- ommendations within sixty days after the issuance date of the audit report.’’ after ‘‘under applicable Fed- eral law.’’ 1984—Pub. L. 98–454 substituted ‘‘Saint Croix, which house, together with land appurtenant thereto is also transferred to the government of the Virgin Islands’’ for ‘‘Saint Croix free of rent’’ in second paragraph. 1982—Pub. L. 97–357, in fourth paragraph, substituted provisions relating to the preparation, etc., of a com- prehensive annual financial report to be submitted to the Congress, the Secretary of the Interior, and the In- spector General of the Department of the Interior, preparation of other reports as required by Congress or applicable Federal law, and submittal of a written statement of actions taken or contemplated on Federal audit recommendations for provisions relating to an annual report of transactions of the Virgin Islands gov- ernment to the Secretary of the Interior for trans- mittal to Congress and such other reports as required by Congress or applicable Federal law. 1968—Pub. L. 90–496 amended section generally, pro- viding for the popular election of the Governor and Lieutenant Governor, setting the date of the first elec- tion, defining the scope of their authority, setting out the duties of their offices, specifying the qualifications for the offices of Governor and Lieutenant Governor, and providing that an elected Governor may serve two full successive terms but shall not be again eligible to hold that office until one full term has intervened. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–496, § 16, Aug. 23, 1968, 82 Stat. 842, provided that: ‘‘Those provisions of this Act [see Short Title note set out under section 1541 of this title] necessary to authorize the holding of an election for Governor and Lieutenant Governor on November 3, 1970, shall be effective January 1, 1970. All other provisions of this Act, unless otherwise expressly provided herein, shall be effective January 4, 1971.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in the 1st sentence of the 4th par. of this section relat- ing to the requirement that the Governor submit a comprehensive annual financial report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 11th item on page 115 of House Document No. 103–7. SUBMERGED LANDS, CONVEYANCE TO TERRITORY Conveyance of submerged lands to the government of the Virgin Islands, see section 1701 et seq. of this title. § 1592. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 657 Section, act July 22, 1954, ch. 558, § 20(a), 68 Stat. 505, prescribed compensation of Governor. Page 154 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1593 Editorial Notes CODIFICATION Section 20 of act July 22, 1954, was amended in its en- tirety by section 10 of Pub. L. 90–496, Aug. 23, 1968, 82 Stat. 841, which consolidated the text of said section 20 into a single unlettered paragraph, classified to section 1641 of this title. Prior to the 1968 amendment said sec- tion 20 was comprised of subsecs. (a) to (c). Subsec. (a) was classified to this section, and subsecs. (b) and (c) were classified to sections 1598 and 1641, respectively, of this title. § 1593. Initiative and recall (a) Grant of rights The people of the Virgin Islands shall have the rights of initiative and recall to be exercised as provided in subsection (b) and subsection (c), re- spectively. (b) Initiative (1) An initiative may enact, amend, or repeal any law, except that an initiative shall not be used to repeal a law declared by the legislature at the time of passage to be an emergency law necessary for the preservation of the public health, safety, or peace. (2) An initiative that proposes a reduction of taxes shall also provide for an equivalent reduc- tion of expenditures or an equivalent increase in revenues from other sources. (3) An initiative shall address one subject only and matters reasonably related to that subject. (4) The ballot question shall be in such form that a ‘‘yes’’ vote is a vote in favor of the pro- posal and a ‘‘no’’ vote is a vote against the pro- posal. (5) A copy of the proposed initiative petition, including a complete text of the proposed law and containing signatures equal to at least 1 percent of the voters of each legislative district or 4 percent of all voters of the Virgin Islands must be submitted to the Supervisor of Elec- tions prior to circulation for ballot qualifica- tion. The Supervisor of Elections must deter- mine within 10 days after the submission wheth- er the preliminary signatures are sufficient. If so determined, the Supervisor of Elections shall refer the preliminary petition to an initiative ti- tling board consisting of the Attorney General, the Supervisor of Elections, and the legislative counsel of the legislature. The board shall, in an open hearing, prepare the official ballot title, the submission question, and a summary of the initiative proposal, and this preparation shall be completed within 30 days after the referral. (6) After the ballot title has been written, pro- ponents of the initiative proposal shall have a maximum of 180 days to circulate the petition. Petitions containing signatures equal to at least 10 percent of the voters of each legislative dis- trict or 41 percent of all voters of the Virgin Is- lands must be submitted to the Supervisor of Elections. The Supervisor shall have 15 days to determine that the minimum number of valid signatures are contained in the petition and he shall forward the certified proposal to the legis- lature which must accept or reject the measure within 30 days. If approved, the initiative shall take effect in accordance with its terms. If the legislature does not approve, the initiative shall be submitted to the voters at the next general election, unless the legislature approves a spe- cial election for this purpose. The legislature may submit its own version of the initiative to the voters. Should both measures be approved by the voters, the measure receiving the higher number of votes shall prevail. The voters shall have a clear alternative of rejecting either version or the entire proposition. (7) An initiative submitted to the voters shall take effect if the initiative is approved by a ma- jority of persons voting and if a majority of the voters of the Virgin Islands vote on the initia- tive. An initiative may not be vetoed by the Governor, and when approved by the voters, may not be amended or repealed by the legislature during the 3-year period after its approval un- less the legislature acts by a two-thirds major- ity. (8) The legislature may provide the manner in which petitions shall be circulated, filed, cer- tified, and the ballot question shall be sub- mitted to the voters. (c) Recall (1) An elected public official of the Virgin Is- lands may be removed from office by a recall election carried out under this subsection. The grounds for recall are any of the following: lack of fitness, incompetence, neglect of duty, or cor- ruption. (2) A recall election may be initiated by a two- thirds vote of the members of the legislature or by a petition under this subsection. (3) Prior to circulation a recall petition which identifies by name and office the official being recalled and which states the grounds for recall shall be submitted to the Supervisor of Elec- tions. The sponsors of the recall petition shall be allowed a period of 60 days after such submis- sion for filing with the Supervisor of Elections a list of signatures equal in number to at least 50 percent of the whole number of votes cast for that office in the last general election at which that office was filled. The Supervisor of Elec- tions shall have 15 days in which to determine whether the minimum number of valid signa- tures are contained in the recall petition. (4) A special recall election shall be held with respect to an elected public official not earlier than 30 days after a vote of the legislature under paragraph (2) or a determination of the board of elections under paragraph (3), as the case may be, and not later than 60 days after such vote or determination. (5) An official shall be removed from office upon approval of the recall in an election in which at least two-thirds of the number of per- sons voting for such official in the last pre- ceding general election at which such official was elected vote in favor of recall and in which those so voting constitute a majority of all those participating in such recall election. (6) No recall election shall be held with respect to an elected public official— (A) during the first year of the first term of office of the official; or (B) less than 3 months before a general elec- tion for the office. (d) ‘‘Law’’ and ‘‘voter’’ defined As used in this section, the term— (1) ‘‘law’’ means a law of the Virgin Islands; and