Collapse to view only § 1576. General elections; time; transfer of Council functions, property, etc.
- § 1571. Legislature
- § 1572. Legislators
- § 1573. Time, frequency, and duration of regular sessions; special sessions; place of holding
- § 1574. Legislative powers and activities
- § 1574-1. Applicability of laws referred to in section 502(a)(1) of Covenant to Establish a Commonwealth of the Northern Mariana Islands
- § 1574a. Revenue bonds or other obligations
- § 1574b. Federal guarantee for issuance of revenue bonds or other obligations
- § 1574c. Priority for payment of principal and interest of revenue bonds or other obligations
- § 1574d. Repealed.
- § 1575. Legislative procedure
- § 1576. General elections; time; transfer of Council functions, property, etc.
§ 1571. Legislature
(a) Designation and unicameral character
(b) Composition; legislative districts; method of elections
(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.)
§ 1572. Legislators
(a) Terms of office
(b) Qualifications of members
(c) Appointment of electoral officers; popular election of members of boards of election
(d) Immunity of members
(e) Compensation and allowances
(f) Limitations on holding other office
(g) General powers; parliamentary rules
(h) Vacancies
(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.)
§ 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 Monday 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 legislature at any time when in his opinion the public interest may require it. No legislation shall be considered at any special session other than that specified in the call therefor or in any special message by the Governor to the legislature while in such session. All sessions of the legislature 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.)
§ 1574. Legislative powers and activities
(a) Scope of authority; limitation on enactments and taxation
(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 attributable to such public improvement, public undertaking, or other project. Bonds issued pursuant to paragraph (i) may bear such date or dates, may be in such denominations, may mature in such amounts and at such time or times, not exceeding thirty years from the date thereof, 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 government of the Virgin Islands. Said bonds may be redeemable (either with or without premium) or nonredeemable. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of such bonds, such signature, whether manual or facsimile shall, nevertheless, be valid and sufficient for all purposes, the same as if such officers had remained in office until such delivery. The bonds so issued shall bear interest at a rate not to exceed that specified by the legislature, payable semiannually. All such bonds issued by the government of the Virgin Islands or by its authority shall be exempt as to principal and interest from taxation by the Government of the United States, or by the government of the Virgin Islands, or by any State, Territory, or possession or by any political subdivision of any State, Territory or possession, or by the District of Columbia. Such bonds shall under no circumstances constitute a general obligation of the Virgin Islands or of the United States.
(ii)
(A) Subject to the provisions of this paragraph (ii), the legislature of the government of the Virgin Islands may cause to be issued such negotiable general obligation bonds or other evidence of indebtedness, including but not limited to notes in anticipation of the collection of taxes or revenues, as it may deem necessary and advisable for any public purpose authorized by the legislature: Provided, That no such indebtedness of the Virgin Islands shall be incurred in excess of 10 per centum of the aggregate assessed valuation of the taxable real property in the Virgin Islands. Bonds issued pursuant to this paragraph (ii) shall bear such date or dates, may be in such denominations, may mature in such amounts and at such time or times, not exceeding thirty years from the date thereof, may be payable at such place or places, may be sold at either public or private sale, may be redeemable (either with or without premium) or nonredeemable, 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 legislature of the government of the Virgin Islands. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of such bonds, such signature, whether manual or facsimile, shall nevertheless be valid and sufficient for all purposes, the same as if such officers had remained in office until such delivery. The bonds so issued shall bear interest at a rate not to exceed that specified by the legislature. All bonds issued by the government of the Virgin Islands, including specifically interest thereon, shall be exempt from taxation by the Government of the United States, or by the government of the Virgin Islands or any political subdivision thereof, or by any State, territory, or possession or by any political subdivision of any State, territory, or possession, or by the District of Columbia.
(B) Bonds or other obligations issued pursuant to this paragraph (ii) shall not be a debt of the United States, nor shall the United States be liable thereon.
(iii)
(A) The legislature of the government of the Virgin Islands may cause to be issued after September 30, 1984, industrial development bonds (within the meaning of section 103(b)(2) 1
1 See References in Text note below.
of title 26).(B) Except as provided in subparagraph (C), any obligation issued under subparagraph (A) and the income from such obligation shall be exempt from all State and local taxation in effect on or after October 1, 1984.
(C) Any obligation issued under subparagraph (A) shall not be exempt from State or local gift, estate, inheritance, legacy, succession, or other wealth transfer taxes.
(D) For purposes of this paragraph—(I) The term “State” includes the District of Columbia.(II) The taxes imposed by counties, municipalities, or any territory, dependency, or possession of the United States shall be treated as local taxes.
(E) For exclusion of interest for purposes of Federal income taxation, see section 103 of title 26.
(c) Applicability of laws and ordinances; amendment or repeal
(d), (e) Repealed. Pub. L. 97–357, title III, § 305, Oct. 19, 1982, 96 Stat. 1709
(f) Customs duty; duty-free importation; effect on other customs laws
(1) The Legislature of the Virgin Islands may impose on the importation of any article into the Virgin Islands for consumption therein a customs duty. The rate of any customs duty imposed on any article under this subsection may not exceed—
(A) if an ad valorem rate, 6 per centum ad valorem; or
(B) if a specific rate or a combination ad valorem and specific rate, the equivalent or 6 per centum ad valorem.
(2) Nothing in this subsection shall prohibit the Legislature of the Virgin Islands from permitting the duty-free importation of any article.
(3) Nothing in this subsection shall be construed as empowering the Legislature of the Virgin Islands to repeal or amend any provision in law in effect on the day before October 15, 1977, which pertains to the customs valuation or customs classification of articles imported into the Virgin Islands.
(July 22, 1954, ch. 558, § 8, 68 Stat. 500; Pub. L. 85–851, §§ 2, 3, 10, Aug. 28, 1958, 72 Stat. 1094, 1095; Pub. L. 88–180, Nov. 19, 1963, 77 Stat. 335; Pub. L. 89–643, Oct. 13, 1966, 80 Stat. 890; Pub. L. 90–496, § 15, Aug. 23, 1968, 82 Stat. 842; Pub. L. 95–134, title III, § 301(c), Oct. 15, 1977, 91 Stat. 1163; Pub. L. 97–357, title III, § 305, Oct. 19, 1982, 96 Stat. 1709; Pub. L. 98–454, title II, § 201, Oct. 5, 1984, 98 Stat. 1732; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 106–84, § 1(a), (b)(1), (2), Oct. 28, 1999, 113 Stat. 1295.)
§ 1574–1. Applicability of laws referred to in section 502(a)(1) of Covenant to Establish a Commonwealth of the Northern Mariana Islands
Effective on the date when section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, approved by joint resolution approved on March 24, 1976 (90 Stat. 263) goes into force those laws which are referred to in section 502(a)(1) of said Covenant, except for any laws administered by the Social Security Administration, except for medicaid which is now administered by the Centers for Medicare & Medicaid Services, and except the Micronesian Claims Act of 1971 (85 Stat. 96) shall be applicable to the territories of Guam and the Virgin Islands on the same terms and conditions as such laws are applied to the Northern Mariana Islands.
(Pub. L. 95–134, title IV, § 403, Oct. 15, 1977, 91 Stat. 1163; Pub. L. 95–135, § 1, Oct. 15, 1977, 91 Stat. 1166; Pub. L. 108–173, title IX, § 900(e)(7), Dec. 8, 2003, 117 Stat. 2374.)
§ 1574a. Revenue bonds or other obligations
(a) Authorization for issuance; use of proceeds; legislative initiative and binding referendum vote
(b) Federal guarantee
(c) Limitations on issuance
(Pub. L. 94–392, § 1, Aug. 19, 1976, 90 Stat. 1193; Pub. L. 105–83, title I, § 124(c), Nov. 14, 1997, 111 Stat. 1567; Pub. L. 106–84, § 1(b)(3), Oct. 28, 1999, 113 Stat. 1295.)
§ 1574b. Federal guarantee for issuance of revenue bonds or other obligations
(a) Application to Secretary of the Interior; contents
(b) Terms and conditions of guarantee or commitment to guarantee; determination by Secretary of approval
The Secretary is authorized, with the approval of the Secretary of the Treasury, to guarantee and to enter into commitments to guarantee, upon such terms and conditions as he may prescribe, payment of principal and interest on bonds and other obligations issued by the government of the Virgin Islands under subsection (a) of section 1574a of this title. No guarantee or commitment to guarantee shall be made unless the Secretary determines—
(1) that the proceeds of such issue will be used only for public works or other capital projects, except that $28,000,000 of the guaranteed bonding authority will be used for water producing and power projects, including maintenance and overhaul of electrical generating and distribution mechanisms, and $12,000,000 of the guaranteed bonding authority will be used for repair and improvements of the water distribution and storage systems;
(2) taking into account anticipated expenditures by the government of the Virgin Islands while the bonds or other obligations forming a part of such issue will be outstanding, all outstanding obligations of the government of the Virgin Islands which will mature while the bonds or other obligations forming a part of such issue will be outstanding, and such other factors as he deems pertinent, that the revenues expected to be received under section 7652(b)(3) of title 26 will be sufficient to pay the principal of, and interest on, the bonds or other obligations forming a part of such issue;
(3) that credit is not otherwise available on reasonable terms and conditions and that there is reasonable assurance of repayment, and
(4) that the maturity of any obligations to be guaranteed does not exceed thirty years or 90 per centum of the useful life of the physical assets to be financed by the obligation, whichever is less as determined by the Secretary.
(c) Administrative costs; deposit of fees
(d) Conclusiveness and incontestability; pledge of full faith and credit
(e) Interest on guaranteed obligations taxable
(f) Maximum amount guaranteed; time limitations on commitments to guarantee, obligation of guaranteed but unobligated funds, and repayment of unobligated proceeds of bonds or other obligations
(g) Revolving fund; establishment; submission of budget to Congress; payments; transfers from fund to general fund of Treasury; issuance and sale of notes or other obligations for guarantees
(1) There is hereby created within the Treasury a separate fund (hereinafter referred to as “the fund”) which shall be available to the Secretary without fiscal year limitation as revolving fund for the purpose of this Act. A business-type budget for the fund shall be prepared, transmitted to the Congress, considered, and enacted in the manner prescribed by law (sections 9103 and 9104 of title 31) for wholly owned Government corporations.
(2) All expenses, including reimbursements to other government accounts, and payments pursuant to operations of the Secretary under this Act shall be paid from the fund. If at any time the Secretary determines that moneys in the fund exceed the present and any reasonably prospective future requirements of the fund, such excess may be transferred to the general fund of the Treasury.
(3) If at any time the moneys available in the fund are insufficient to enable the Secretary to discharge his responsibilities under guarantees under this Act, he shall issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary of the Treasury. Redemption of such notes or obligations shall be made by the Secretary from appropriations which are hereby authorized for this purpose. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, which shall not be less than a rate determined by taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes or other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31 and the purposes for which securities may be issued under that chapter are extended to include any purchase of such notes or obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.
(Pub. L. 94–392, § 2, Aug. 19, 1976, 90 Stat. 1193; Pub. L. 96–205, title IV, § 407, Mar. 12, 1980, 94 Stat. 89; Pub. L. 98–146, title I, Nov. 4, 1983
§ 1574c. Priority for payment of principal and interest 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 revenues 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.)
§ 1574d. Repealed. Pub. L. 97–357, title III, § 308(g), Oct. 19, 1982, 96 Stat. 1710
§ 1575. Legislative procedure
(a) Quorum and method of voting on bills
(b) Enacting clause of acts
(c) Governor’s message and budget
(d) Approval and disapproval of bills
(e) Use of prior appropriations upon failure to pass appropriation bills
(f) Journal of proceedings; contents
(g) Transmittal of laws to Congress
(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.)
§ 1576. General elections; time; transfer of Council 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, beginning 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, personnel, records, and unexpended balances of appropriations 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.)