Notes on virgin islands : US Code - Notes

Search Notes on virgin islands : US Code - Notes

SUBCHAPTER I - GENERAL PROVISIONS
Sec.
1541. Organization and status.
(a) Composition and territorial designation.
(b) Powers and legal status of government; capital
and seat of government.
(c) Administrative supervision by Secretary of the
Interior.
1542. Voting franchise; discrimination prohibited.
1543. United States citizenship requirement for government
officials.
1544. Reports by Governor; jurisdiction of Secretary of the
Interior; exceptions.
1545. Lease and sale of public property; conveyance of title
in certain lands to the government of Virgin Islands.
1546. Authorization of appropriations.

SUBCHAPTER II - BILL OF RIGHTS
1561. Rights and prohibitions.

SUBCHAPTER III - LEGISLATIVE BRANCH
1571. Legislature.
(a) Designation and unicameral character.
(b) Composition; legislative districts; method of
elections.
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.
1573. Time, frequency, and duration of regular sessions;
special sessions; place of holding.
1574. Legislative powers and activities.
(a) Scope of authority; limitation on enactments
and taxation.
(b) Government bonds; maximum amount; sale,
interest, etc.
(c) Applicability of laws and ordinances; amendment
or repeal.
(d), (e) Repealed.
(f) Customs duty; duty-free importation; effect on
other customs laws.
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.
(a) Authorization for issuance; use of proceeds;
legislative initiative and binding referendum
vote.
(b) Federal guarantee.
(c) Limitations on issuance.
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.
(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.
1574c. Priority for payment of principal and interest of
revenue bonds or other obligations.
1574d. Repealed.
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.
1576. General elections; time; transfer of Council
functions, property, etc.

SUBCHAPTER IV - EXECUTIVE BRANCH
1591. Governor and Lieutenant Governor; election;
eligibility; official residence; powers and duties;
report.
1592. Repealed.
1593. Initiative and recall.
(a) Grant of rights.
(b) Initiative.
(c) Recall.
(d) "Law" and "voter" defined.
1594. Repealed.
1595. Vacancy in office of Governor or Lieutenant Governor.
(a) Temporary disability or temporary absence of
Governor.
(b) Permanent vacancy in office of Governor;
Lieutenant Governor as Governor; term of
office.
(c) Temporary disability or temporary absence of
Lieutenant Governor; president of legislature
as Lieutenant Governor.
(d) Permanent vacancy in office of Lieutenant
Governor; Governor to appoint new Lieutenant
Governor with advice and consent of
legislature; term of office.
(e) Temporary disability or temporary absence of
Governor and Lieutenant Governor; appointment
of Acting Governor; permanent vacancies in
offices of Governor and Lieutenant Governor;
appointment of Governor.
(f) Additional compensation.
1596. Repealed.
1597. Reorganization of government.
(a) Consolidation of departments, bureaus, etc.;
popular election of school board members.
(b) Changes after examination from time to time.
(c) Appointment of department heads; tenure;
removal; powers and duties; appointments to
boards, etc.
1598. Omitted.
1599. Transfer of functions from government comptroller for
Virgin Islands to Inspector General, Department of
the Interior.
(a) Functions, powers, and duties transferred.
(b) Scope of authority transferred.
(c) Transfer of personnel, assets, etc., of office
of government comptroller for Virgin Islands
to Office of Inspector General, Department of
the Interior.

SUBCHAPTER V - JUDICIAL BRANCH
1611. District Court of Virgin Islands; local courts;
jurisdiction; practice and procedure.
(a) District Court of Virgin Islands; local courts.
(b) Jurisdiction.
(c) Practice and procedure.
1612. Jurisdiction of District Court.
(a) Jurisdiction.
(b) General jurisdiction; limitations.
(c) Criminal offenses; concurrent jurisdiction with
local courts.
1613. Relations between courts of United States and courts
of Virgin Islands; review by United States Court of
Appeals for Third Circuit; reports to Congress;
rules.
1613a. Appellate jurisdiction of District Court; procedure;
review by United States Court of Appeals for Third
Circuit; rules; appeals to appellate court.
(a) Appellate jurisdiction of District Court.
(b) Appellate division of District Court; quorum;
presiding judge; designation of judges;
decisions.
(c) United States Court of Appeals for Third
Circuit; jurisdiction; appeals; rules.
(d) Appeals to appellate court; effect on District
Court.
1614. Judges of District Court.
(a) Appointment; tenure; removal; chief judge;
compensation.
(b) Criminal offenses; procedure; definitions;
indictment and information.
(c) United States marshal.
1615. Judicial divisions.
1616. Trial by jury.
1617. United States attorney; appointment; duties.

SUBCHAPTER VI - SYSTEM OF ACCOUNTS
1631. Establishment and maintenance; scope.
1632. Repealed.

SUBCHAPTER VII - FISCAL PROVISIONS
1641. Method of payment of official salaries.
1642. Use of certain proceeds for expenditure; income tax
obligations of inhabitants.
1642a. Availability of collected customs duties for
expenditures as Legislature may provide.
1643. Import provisions with respect to trade-marks.
1644. Import duties on articles entering United States or
possessions from Virgin Islands.
1645. Remittance of duties, taxes, and fees to be collected
in next fiscal year; authorization, prerequisites,
amount, etc.

CONSTITUTIONS FOR VIRGIN ISLANDS AND GUAM: ESTABLISHMENT;
CONGRESSIONAL AUTHORIZATION
Pub. L. 94-584, Oct. 21, 1976, 90 Stat. 2899, as amended by Pub.
L. 96-597, title V, Sec. 501, Dec. 24, 1980, 94 Stat. 3479,
provided:
"[Section 1. Authorization to organize governments] That the
Congress, recognizing the basic democratic principle of government
by the consent of the governed, authorizes the peoples of the
Virgin Islands and of Guam, respectively, to organize governments
pursuant to constitutions of their own adoption as provided in this
Act.
"Sec. 2. [Constitutional conventions and draft provisions] (a)
The Legislatures of the Virgin Islands and Guam, respectively, are
authorized to call constitutional conventions to draft, within the
existing territorial-Federal relationship, constitutions for the
local self-government of the people of the Virgin Islands and Guam.
"(b) Such constitutions shall -
"(1) recognize, and be consistent with, the sovereignty of the
United States over the Virgin Islands and Guam, respectively, and
the supremacy of the provisions of the Constitution, treaties,
and laws of the United States applicable to the Virgin Islands
and Guam, respectively, including, but not limited to, those
provisions of the Organic Act [section 1405 et seq. of this
title] and Revised Organic Act of the Virgin Islands [this
chapter] and the Organic Act of Guam [section 1421 et seq. of
this title] which do not relate to local self-government.
"(2) provide for a republican form of government, consisting of
three branches: executive, legislative, and judicial;
"(3) contain a bill of rights;
"(4) deal with the subject matter of those provisions of the
Revised Organic Act of the Virgin Islands of 1954, as amended,
and the Organic Act of Guam, as amended, respectively, which
relate to local self-government;
"(5) with reference to Guam, provided that the voting franchise
may be vested only in residents of Guam who are citizens of the
United States;
"(6) provide for a system of local courts consistent with the
provisions of the Revised Organic Act of the Virgin Islands, as
amended; and
"(7) provide for the establishment of a system of local courts
the provisions of which shall become effective no sooner than
upon the enactment of legislation regulating the relationship
between the local courts of Guam with the Federal judicial
system.
"Sec. 3. [Selection and qualification of members] The members of
such constitutional conventions shall be chosen as provided by the
laws of the Virgin Islands and Guam, respectively (enacted after
the date of enactment of this Act [Oct. 21, 1976]): Provided,
however, That no person shall be eligible to be a member of the
constitutional conventions, unless he is a citizen of the United
States and qualified to vote in the Virgin Islands and Guam,
respectively.
"Sec. 4. [Submittal of proposed constitutions to governors and
President] The conventions shall submit to the Governor of the
Virgin Islands a proposed constitution for the Virgin Islands and
to the Governor of Guam a proposed constitution for Guam which
shall comply with the requirements set forth in section 2(b) above.
Such constitutions shall be submitted to the President of the
United States by the Governors of the Virgin Islands and Guam.
"Sec. 5. [Transmittal to Congress and submittal to voters] Within
sixty calendar days after the respective date on which he has
received each constitution, the President shall transmit such
constitution together with his comments to the Congress. The
constitution, in each case, shall be deemed to have been approved
by the Congress within sixty legislative days (not interrupted by
an adjournment sine die of the Congress) after its submission by
the President, unless prior to that date the Congress has approved
the constitution, or modified or amended it, in whole or in part,
by joint resolution. As so approved or modified, the constitutions
shall be submitted to the qualified voters of the Virgin Islands
and Guam, respectively, for acceptance or rejection through
islandwide referendums to be conducted as provided under the laws
of the Virgin Islands and Guam, respectively, (enacted after the
date of enactment of this Act) [Oct. 21, 1976]. Upon approval by
not less than a majority of the votes (counting only the
affirmative or negative votes) participating in such referendums,
the constitutions shall become effective in accordance with their
terms."