Gov. John deJongh Jr. vetoed half a dozen bills – devoting the Massac Nursing home to a sports facility, redefining and clarifying RTPark membership, changing fall claims laws and other purposes – while acting on a slew of recent legislation this week.
He vetoed legislation sponsored by Sen. Myron Jackson to transfer the former Massac Nursing Home on St. Thomas from the Department of Human Services to the Department of Sports, Parks and Recreation for conversion to a sports facility, boxing gymnasium and housing for visiting athletes. In his letter to the Legislature, deJongh said there is a proposal to use the facility for adults living with disabilities, "the details of which are currently being negotiated."
He said the University Center for Excellence on Developmental Disabilities" did not have an opportunity to inform the Legislature of this possible use for the nursing home, which is important given that approximately 20 percent of the territory’s residents live with disabilities."
Secondly, the legislation limits the use of the facility to a specific sports-related purpose, "which could in turn result in the property remaining empty and a burden on the department should that specific purpose prove incapable of being met," deJongh said. Also Sports, Parks and Recreation does not have the money to renovate the building and it would take away from current programs for youth, he said.
DeJongh vetoed a bill sponsored by Sens. Shawn-Michael Malone and Judi Buckley that makes some specific business types eligible for RTPark tax benefits, requiring a directory of all "tenants and other measures. DeJongh acerbically described the bill as "simply the latest example of this Legislature’s rushed, uncoordinated and inconsistent scramble to pass special interest legislation with respect to the University of the Virgin Islands Research and Technology Park, thus warranting a veto.”
“Once again the failure to follow any of the normal processes such as conducting hearings, committee review or allowing for open discussions with the administration and independent agencies affected has not surprisingly produced an unacceptable result," deJongh said.
The need for the bill "further confirms that the tax exemptions approved by the RTPark’s Board of directors were invalid with respect to the internet service and cable-TV provider tenants," he said, adding that he is evaluating whether to pursue taxes from those entities from before the Legislature overrode the governor’s veto to enshrine their tax breaks into law.
"Regardless, what is clear now is that some senators, myself and a growing majority of Virgin Islanders are calling for a halt to anymore tax giveaways generally, or further amendments to the RTPark laws specifically, without a thorough investigation and accounting from the RTPark and an agreed-upon analysis of the procedures and policies we wish to follow before we give away any more of our tax revenues. It is my hope that we can work together on these efforts before making any more bad law," deJongh said.
DeJongh also vetoed legislation that would have made it so a private citizen would be able to file suit against a person or company that submits false claims for payment to the V.I. government, allowing private citizens to seek damages on behalf of the government and to take a share of any court judgment if certain conditions are met. He said federal law already covers most of the situations covered by the legislation and that its greater generosity than the federal act would have encouraged a flood of frivolous claims that would strain the court system.
DeJongh vetoed legislation to set aside 2 percent of the Peace Officer Training Fund and the Internal Revenue Matching Fund for emergency management scholarships, saying it is not consistent with the purposes for which the Peace Officer Training Fund was established.
"In light of the fact that we have activated the Peace Officers Standards Training Council and are utilizing resources for providing training for and equipment to law enforcement personnel, the full availability of these funds are of critical importance," deJongh said.
DeJongh signed legislation to authorizes the government "to reissue a working capital loan in the amount of $50 million prior to the end of (Fiscal Year) 2014." It says the "notes must mature no later than 270 days after issuance," meaning the full loan must be repaid in less than one year.
It authorizes $12 million in new funding for JFL Hospital; $10.5 million to Schneider Regional Medical Center; and $12 million to pay the two hospital’s and the Bureau of Corrections’ past-due utility bills. It also funds several small appropriations, including $125,000 for a new Department of Justice anti-gun violence program.
But deJongh warned that the borrowing will not address the current year’s cash flow problem and will create new cash flow problems next year, when it must be paid.
DeJongh also vetoed two sections of the bill, which would create a new task force with nine members appointed variously by the governor, Legislature and the V.I. Superior Court presiding judge. That new body, which is not funded or manned, would be tasked with investigations into consolidating government information technology and reducing energy costs "by at least 20 percent" in several government departments and would to report back to the Legislature.
DeJongh objected that this attempts to take executive branch functions out of the executive branch, violating the doctrine of separation of powers.
"The Legislature’s repeated attempt at commingling the three branches of government violates the essence of the checks and balances and tripartite system of government embodied within the Revised Organic Act of 1954, as amended, as established by United States Constitution," deJongh said.
"Undeniably the Legislative Branch has oversight authority over the Executive Branch to ensure that the policies it creates are fully implemented. However … creating a task force with specific mandates over executive functions to be investigated and reported upon by a date certain does not equate to what is reasonably considered either legislative or judicial branch functions," he said.
DeJongh held legislation requested by Government House authorizing the establishment of a public corporation to receive and hold the assets of Lonesome Dove Petroleum Company Inc. to provide for any income for the corporation, saying the version that was submitted to him "did not accurately reflect the amendment … passed on the floor during the last legislative session" and so needed to be rewritten and resubmitted.
