Senate OKs bills to erase arrest records, ban texting

Aldeth Lewin

Oct. 29, 2009 (McClatchy-Tribune Regional News delivered by Newstex) -- ST. THOMAS -- Senators passed a slew of bills at Wednesday's session, including measures to expunge arrest records with no conviction, ban texting while driving and appropriate money to various projects and programs territorywide.

The bill to expunge arrest records applies only to people who were arrested but never tried or those who were tried and acquitted. Even if charges are dropped, the record of an arrest stays with a person and they must disclose it on job applications. Senators said they wanted to ensure that a child who gets into trouble once can get a second chance and not have that one mistake follow them for the rest of their life.

To have an arrest record expunged, an individual would have to petition the court. If the Justice Department objects to the petition, the matter would go before a judge for a hearing. The judge's decision could not be appealed, according to the proposed legislation.

A measure to prohibit text messaging or watching television or videos while driving also passed the Senate on Wednesday. The bill specifically bans writing, reading or sending text-based communications while behind the wheel. It also prohibits any sort of television or video screen that can be seen from the driver's seat -- although rear view camera screens and vehicle navigation systems are excluded from the ban.

The remaining bills and amendments passed by the Senate include:

- A bill authorizing the governor to negotiate with Veterans Resource and Development Inc. for the return of several parcels of land in Upper John Dunkoe surrounding the property on which Patriot Manor was built. If negotiations are successful, about 4 acres will be set aside for the V.I. Housing Finance Authority to build homes for veterans.

Two amendments were attached to the bill. The first allows the V.I. Housing Finance Authority to build affordable housing units up to three stories tall. Currently affordable housing units are restricted to two stories.

The second amendment replaces "Department of Housing, Parks and Recreation" with "V.I. Housing Finance Authority" so that a previously passed appropriation for asbestos removal can be released.

- A resolution to honor and commend Mungo Niles Cultural Dancers for their contributions to Virgin Islands culture.

- A measure to require all doctors in the territory to use electronic prescriptions. The bill would bring the territory in line with the federal Medicare Prescription Drug Improvement and Modernization Act of 2003.

- A bill to appropriate $70,865.03 to the Public Works Department for the flood mitigation projects in Estate Hannah's Rest on St. Croix. The bill was amended to also earmark $110,091 to V.I. Water and Power Authority to extend the V.I. Water and Power Authority water line to the Water Bay Village Condominiums in Smith Bay, St. Thomas.

- A bill to give $107,500 from the General Fund to Our Town Frederiksted for operating expenses.

- A bill to give $300,000 to Luis Hospital to purchase a mammogram machine. The money would come from the Internal Revenue Matching Fund.

Two amendments were attached to the bill as well.

One appropriates $80,000 each to Charlotte Kimelman Cancer Institute and Luis Hospital's Cardiac Center for marketing and associated travel costs. The other amendment makes a number of appropriations from the General Fund: $100,000 to Human Services Department to buy medical alert bracelets; $150,000 to the Health Department for the Home Health Program; $50,000 to Human Services for Meals on Wheels; $150,000 to Human Services for the Homemaker's program.

- The V.I. Revised Uniform Anatomical Gift Act, which would repeal a previous law and update the procedures and rules for donating organs to be in line with other states and territories.

- The V.I. Real Property Electronic Recording Act, which would allow the Office of the Recorder of Deeds to transition from a paper-based system to an electronic records system. The proposed law would allow the Recorder of Deeds to accept electronic records with electronic signatures for documents relating to real estate transactions.

- A bill to establish the Territorial Active Military Service Revolving Fund, which would be used to pay V.I. National Guard employees when they are called to perform territorial service. An annual appropriation of $200,000 from the Internal Revenue Matching Fund would supply the funding.

An amendment was attached to transfer unused tuition credits for undergraduate or graduate semester hours at the University of the Virgin Islands to a veteran's spouse, unmarried former spouse or eligible children. Under the V.I. Code, veterans who are V.I. residents are eligible for a certain number of free credit hours.

- A bill to allow V.I. Lottery Commission members whose terms have expired to remain on the board until successors have been confirmed.

- A bill to appropriate $3 million from the Internal Revenue Matching Fund to Luis Hospital to renovate and upgrade its emergency room. The entire project will cost the hospital $10 million, but the Senate appropriation will cover most of the first phase. The renovations will include equipment upgrades, additional beds and private rooms.

- A bill to establish a 10-month amnesty period for delinquent gross receipt taxes. The interest and penalties will be waived from Dec. 1, 2009 to Sept. 30, 2010.

An amendment delaying the implementation of the GERS Reform Act of 2005 was attached to the bill.

Another amendment was also tacked on to the bill creates a scholastic sports program within the Education Department. The amendment gives $1.2 million -- to be split evenly -- to each district sports coordinator. The money comes from the Education Initiative Fund, which is funded with V.I. Lottery revenues. The funding would support inter-island travel for sports teams.

The amendment also authorizes Education to create a trust fund for the $500,000 E-Rate rebate check the department has already received. The federally mandated rebate comes from local telecommunications companies and is to be used to purchase technology for the public school system. The federal government requires that a separate trust fund be set up to accept the money to prevent co-mingling of funds.

- The Virgin Islands Secure and Fair Enforcement Mortgage Licensing Act of 2009, which would bring the territory in line with many other states that have passed similar legislation to protect homeowners by regulating the mortgage industry.

- A bill requiring grocery stores to supply price lists to the Department of Licensing and Consumer Affairs for certain items on a monthly basis.

- A bill giving the V.I. Office of Veterans Affairs the authority to establish a Virgin Islands Veterans Memorial Cemetery.

- A bill to create a definition for temporary employees within the government of the Virgin Islands. The bill mandates that temporary employees be given a Notice of Personnel Action before beginning employment. It also states that after six months of service, the temporary employee must be evaluated. If the evaluation is satisfactory in all categories, it may lead to permanent employment. There are exemptions for workers hired for a specific project or to replace an employee on extended leave.

An amendment was attached appropriating $600,000 to prevent the layoffs of 20 V.I. Housing Authority employees.

A second amendment was tacked on that changes how V.I. Lottery revenues are paid out. Currently 25 percent of lottery revenues are paid into the Education Initiative Fund. The measure passed Wednesday cuts that back to 15 percent. The remaining 10 percent will go to the Government Employees Retirement System to pay out annual cost-of-living bonuses to all retirees over age 60.

- Contact reporter Aldeth Lewin at 774-8772 ext. 311 or e-mail alewin@dailynews.vi.

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