Nov. 29, 2006 — Two voluminous bills currently being considered by the Legislature enact several major government reforms, appropriate approximately $4.5 million from the General Fund to various projects and organizations and restructure several local government agencies.
Also included among the pages of the Omnibus bill and the Government Reform and Modernization Act, however, are uniform law proposals for the territory.
During Wednesday's Committee of the Whole hearing, representatives from the National Conference of Commissioners on Uniform State Laws (NCCUSL) gave senators an explanation of all 11 proposals included in the two bills, which they said will bring the territory up to date with statutes enacted in many states and other U.S. jurisdictions.
According to attorney Michael Kerr, NCCUSL's deputy executive director, the organization consists of a large group of legal professionals tasked with creating "model laws" for the states and territories. Kerr explained that the drafting process is extensive — generally spanning up to three years — and that each law is crafted with input from all 350 members of the commission.
While some senators agreed that the laws were "necessary," there was also much opposition to some of the proposals — including a law that gives individuals the ability to execute power of attorney by filling out a "simple statutory form."
While attorney Tom Bolt, chairman of the V.I. Uniform Law Commission, said the law was designed to "provide law to the common man" by giving low-income residents the ability to access to an attorney, representatives from the V.I. Bankers Association said the proposed form could be easily manipulated, creating problems for many financial institutions.
"The provisions of the power of attorney are not included on the form so that they're apparent to the person signing the document. They are just laid out in the statute," said attorney David Bornn, representing the bankers association.
"And the banks will want a power of attorney that acknowledges the specifics of a particular transaction. Otherwise, it will be very easy to manipulate these powers of attorney, and we could see a son or daughter running off with it to mortgage the family home without their parents' knowledge."
While Bolt told senators that he was "neutral" on whether or not the law should be enacted, he spoke in favor of the other proposals — including a law allowing out-of-state medical professionals to provide assistance and health care services to the territory during an emergency.
Kerr explained that in the aftermath of Hurricane Katrina, medical aid workers traveling to Louisiana and Mississippi were turned away because they were not licensed to work in the area. "
"As a jurisdiction prone to hurricanes, this is something we should give consideration to," Bolt said.
While senators had no objection to this specific law, Bornn voiced his opposition to many of the other uniform proposals.
"Generally, while we understand and find it admirable that we should consider and enact laws with a uniform approach across the country, we are concerned about implementing such provisions without studied and careful review for their effect on local systems, institutions and the general public interest," he said.
Sen. Ronald E. Russell, citing "grave concerns" over the proposed laws, said senators must take into consideration that "what is good for the U.S. may not necessarily be good for the territory."
However, Bolt explained that many of the proposed laws would simply update statutes already on the books. In other cases, he added, some of the proposals have already, with the exception of the Virgin Islands, been enacted by a majority of states and other U.S. jurisdictions. "I mean, we have to get with the program," he said.
Other uniform law proposals included in the Omnibus and Government Reform and Modernization acts include:
–the Uniform Anatomical Gift Act, which updates and sets standards for organ donations and distribution;
— the Uniform Statutory Rule Against Perpetuities Act: a complex law that keeps "gifts"– such as the bequeathal of property included in a will — from being rendered "null and void" due to various circumstances;
— the Uniform Prudent Management of Institutional Funds Act, which updates a law already on the books that deals with how charitable organizations manage money and make investments;
–the Uniform Pre-Marital Agreement Act, which sets standards for how pre-nuptial agreements are created and enforced;
–the Uniform Child Abduction Prevention Act, which creates rules to prevent child abductions;
–amendments to the Uniform Interstate Family Support Act: update child-support provisions already on the books;
–the Uniform Non-Probate Transfers on Death Act: makes it possible for V.I. residents to ensure that bank accounts and brokerage accounts pass directly to a specified beneficiary without having to go through probate; and
–The Uniform Custodial Trust Act: would allow residents to keep control of, manage and transfer property placed in a special trust.
Present during Wednesday's hearing were Sens. Lorraine L. Berry, Craig W. Barshinger, Roosevelt C. David, Liston Davis, Adlah "Foncie" Donastorg, Pedro "Pete" Encarnacion, Juan Figueroa-Serville, Norman Jn Baptiste, Terrence "Positive" Nelson, Russell and Celestino A. White Sr.
Sens. Liston Davis, Louis P. Hill, Neville James, Shawn-Michael Malone and Usie R. Richards were absent.
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