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Title 48 — Territories and Insular Possessions

Chapter 12 — Virgin Islands [1954]

§ 1572. Legislators

Statutory text

(a)

Terms of office

The term of office of each member of the legislature shall be two years. The term of office of each member shall commence on the second Monday in January following his election: Provided, however, That the term of office of each member elected in November 1958 shall commence on the second Monday in April 1959 and shall continue until the second Monday in April 1961, and the term of office of each member elected in November 1960 shall commence on the second Monday in April 1961 and continue until the second Monday in January 1963.

(b)

Qualifications of members

No person shall be eligible to be a member of the legislature who is not a citizen of the United States, who has not attained the age of twenty-one years, who is not a qualified voter in the Virgin Islands, who has not been a bona fide resident of the Virgin Islands for at least three years next preceding the date of his election, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights. Federal employees and persons employed in the legislative, executive or judicial branches of the government of the Virgin Islands shall not be eligible for membership in the legislature.

(c)

Appointment of electoral officers; popular election of members of boards of election

All officers and employees charged with the duty of directing the administration of the electoral system of the Virgin Islands and its representative districts shall be appointed in such manner as the legislature may by law direct: Provided, however, That members of boards of elections, which entities of government have been duly organized and established by the government of the Virgin Islands, shall be popularly elected.

(d)

Immunity of members

No member of the legislature shall be held to answer before any tribunal other than the legislature for any speech or debate in the legislature and the members shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the sessions of the legislature and in going to and returning from the same.

(e)

Compensation and allowances

Each member of the legislature shall be paid such compensation and shall receive such additional allowances or benefits as may be fixed under the laws of the Virgin Islands. Such compensation, allowances, or benefits, together with all other legislative expenses, shall be appropriated by, and paid out of funds of, the government of the Virgin Islands.

(f)

Limitations on holding other office

No member of the legislature shall hold or be appointed to any office which has been created by the legislature, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elected, or during one year after the expiration of such term.

(g)

General powers; parliamentary rules

The legislature shall be the sole judge of the elections and qualifications of its members, shall have and exercise all the authority and attributes, inherent in legislative assemblies, and shall have the power to institute and conduct investigations, issue subpena to witnesses and other parties concerned, and administer oaths. The rules of the Legislative Assembly of the Virgin Islands existing on shall continue in force and effect for sessions of the legislature, except as inconsistent with this chapter, until altered, amended, or repealed by the legislature.

(h)

Vacancies

The Legislature of the Virgin Islands shall by law provide the procedure for filling any vacancy in the office of member of the legislature.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 83–558 § 6 · 68 Stat. 587

    Enacted · 48 U.S.C. § 1572

    July 22, 1954, ch. 558, § 6, 68 Stat. 499

    Source evidence

    Code source credit
    July 22, 1954, ch. 558, § 6, 68 Stat. 499

    Enacted provision · exact public law section
    Sec. 6. staff of the commission The Commission shall have power to appoint a Secretary General at a salary of not to exceed $15,000 per annum, and an Assistant Secretary General at a salary of not to exceed $12,500 per annum, and such other personnel in accordance with the Classification Act of 1949, as amended, or to obtain assistance from Government agencies on a reimbursable basis. The Commission is further authorized to employ experts and consultants for temporary and intermittent personal services, but at rates not to exceed $75 per diem for each individual. The Commission is authorized without regard to any other provision of law to reimburse employees, experts, and consultants for travel, subsistence, and other necessary expenses incurred by them in the performance of their official duties and to make reasonable advances to such persons for such purposes.

  2. Virgin Islands Organic Act Amendments of 1959

    Pub. L. 86–289 § 2(a) · 73 Stat. 568

    1. Substituted · 48 U.S.C. § 1572(a)

      Pub. L. 86–289, § 2(a), substituted, in second sentence, “January” for “April”, before “following his election”

    2. Substituted · 48 U.S.C. § 1572(a)

      Pub. L. 86–289, § 2(a), substituted, in proviso, “1958” for “1954”

    3. Substituted · 48 U.S.C. § 1572(a)

      Pub. L. 86–289, § 2(a), substituted, in proviso, “April 1959” for “January 1955”

    4. Substituted · 48 U.S.C. § 1572(a)

      Pub. L. 86–289, § 2(a), substituted, in proviso, “1961, and the term of office of each member elected in November 1960 shall commence on the second Monday in April 1961 and continue until the second Monday in January 1963” for “1957”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 86–289, § 2(a), substituted, in second sentence, “January” for “April”, before “following his election”, and substituted, in proviso, “1958” for “1954”, “April 1959” for “January 1955”, and “1961, and the term of office of each member elected in November 1960 shall commence on the second Monday in April 1961 and continue until the second Monday in January 1963” for “1957”.

    Enacted provision · exact public law section
    (a) Subsection (a) of section 6 of the Revised Organic Act of the Virgin Islands (68 Stat. 499; 48 U.S.C. 1572) is amended to read as follows: “(a) The term of office of each member of the legislature shall lie two years. The term of office of each member shall commence on the second Monday in January following his election: Provided, however,That the term of office of each member elected in November 1958 shall commence on the second Monday in April 1959 and shall continue until the second Monday in April 1961, and the term of office of each member elected in November 1960 shall commence on the second Monday in April 1961 and continue until the second Monday in January 1963.”

  3. Virgin Islands Organic Act Amendments of 1959

    Pub. L. 86–289 § 2(b) · 73 Stat. 568

    Changed · 48 U.S.C. § 1572(e)

    Pub. L. 86–289, § 2(b), changed the date of payment of salaries, increased the per diem from $10 to $20, and provided that the per diem paid to members of the legislature for official travel outside the Virgin Islands should not be at rates in excess of those paid Federal Government employees

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 86–289, § 2(b), changed the date of payment of salaries, increased the per diem from $10 to $20, and provided that the per diem paid to members of the legislature for official travel outside the Virgin Islands should not be at rates in excess of those paid Federal Government employees.

    Enacted provision · exact public law section
    (b) Subsection (e) of section 6 of said Act is amended to read as follows: “Each member of the legislature shall be paid the sum of $600 annually, one-third on the first day of the regular session of the legislature, one-third one month after the beginning of such regular session, and one-third at the close of such regular session. Each member of the legislature who is away from the island of his residence shall also receive the sum of $20 per day for each day’s attendance while the legislature is actually in session, in lieu of his expenses for subsistence, and shall be reimbursed for his actual travel expenses in going to and returning from each session, or period thereof, for not to exceed a total of eight round trips during any calendar year. The salaries, per diem, and travel allowances of the members of the legislature shall be paid by the Government of the United States: Provided, however, That nothing herein shall prohibit the Virgin Islands Legislature from providing for payment of travel expenses and per diem in lieu of subsistence, at rates not in excess of those permitted by the Federal Government for its employees, for members of the legislature traveling on official business outside of the Virgin Islands.”

  4. Pub. L. 89–98 · 79 Stat. 423

    Substituted · 48 U.S.C. § 1572(e)

    Pub. L. 89–98 substituted provisions empowering the government of the Virgin Islands to fix and pay legislative salaries and expenses for provisions which specifically fixed these salaries and expenses and which required the United States Government to pay them

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 89–98 substituted provisions empowering the government of the Virgin Islands to fix and pay legislative salaries and expenses for provisions which specifically fixed these salaries and expenses and which required the United States Government to pay them.

  5. Virgin Islands Elective Governor Act

    Pub. L. 90–496 § 8(b) · 82 Stat. 837

    Inserted · 48 U.S.C. § 1572(c)

    Pub. L. 90–496 inserted proviso requiring members of boards of elections, duly organized by the government, to be popularly elected

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 90–496 inserted proviso requiring members of boards of elections, duly organized by the government, to be popularly elected.

    Enacted provision · exact public law section
    (b) Subsection (c) of section 6 of the Revised Organic Act of the Virgin Islands (68 Stat. 497, 499; 48 U.S.C. 1572(c) j, is amended by changing the period to a colon and inserting the following: “Provided, however, That members of boards of elections, which entities of government have been duly organized and established by the government of the Virgin Islands, shall be popularly elected.”

  6. Pub. L. 92–389 · 86 Stat. 563

    Changed · 48 U.S.C. § 1572(b)

    Pub. L. 92–389 reduced the age qualification for membership of legislature from twenty-five years to twenty-one years

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 92–389 reduced the age qualification for membership of legislature from twenty-five years to twenty-one years.

  7. Pub. L. 93–130 § 1 · 87 Stat. 460

    Substituted · 48 U.S.C. § 1572(h)

    Pub. L. 93–130 substituted provision authorizing the Legislature of Virgin Islands to provide by law the procedure for filling vacancies in the membership of the Legislature, for provisions authorizing the Governor of the Virgin Islands to fill any such vacancy by appointment of resident of the district from which the member whose office became vacant was elected if the vacancy is that of a Senator and of resident of any part of Virgin Islands if the vacancy is that of a Senator at large, and that such appointee shall serve for the remainder of the unexpired term

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 93–130 substituted provision authorizing the Legislature of Virgin Islands to provide by law the procedure for filling vacancies in the membership of the Legislature, for provisions authorizing the Governor of the Virgin Islands to fill any such vacancy by appointment of resident of the district from which the member whose office became vacant was elected if the vacancy is that of a Senator and of resident of any part of Virgin Islands if the vacancy is that of a Senator at large, and that such appointee shall serve for the remainder of the unexpired term.

    Effective date note
    Pub. L. 93–130, § 2, Oct. 19, 1973, 87 Stat. 460, provided that: “The amendment made by the first section of this Act [amending this section] shall apply with respect to vacancies occurring on or after the date of enactment of this Act [Oct. 19, 1973].”

7 of 10 references resolved to an enrolled provision · 3 partial

Editorial Notes

References in Text

This chapter, referred to in subsec. (g), was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.

Amendments1959–1973 · 5 rounds

1973

Subsec. (h). Pub. L. 93–130 substituted provision authorizing the Legislature of Virgin Islands to provide by law the procedure for filling vacancies in the membership of the Legislature, for provisions authorizing the Governor of the Virgin Islands to fill any such vacancy by appointment of resident of the district from which the member whose office became vacant was elected if the vacancy is that of a Senator and of resident of any part of Virgin Islands if the vacancy is that of a Senator at large, and that such appointee shall serve for the remainder of the unexpired term.

1972

Subsec. (b). Pub. L. 92–389 reduced the age qualification for membership of legislature from twenty-five years to twenty-one years.

1968

Subsec. (c). Pub. L. 90–496 inserted proviso requiring members of boards of elections, duly organized by the government, to be popularly elected.

1965

Subsec. (e). Pub. L. 89–98 substituted provisions empowering the government of the Virgin Islands to fix and pay legislative salaries and expenses for provisions which specifically fixed these salaries and expenses and which required the United States Government to pay them.

1959

Subsec. (a). Pub. L. 86–289, § 2(a), substituted, in second sentence, “January” for “April”, before “following his election”, and substituted, in proviso, “1958” for “1954”, “April 1959” for “January 1955”, and “1961, and the term of office of each member elected in November 1960 shall commence on the second Monday in April 1961 and continue until the second Monday in January 1963” for “1957”.

Subsec. (e). Pub. L. 86–289, § 2(b), changed the date of payment of salaries, increased the per diem from $10 to $20, and provided that the per diem paid to members of the legislature for official travel outside the Virgin Islands should not be at rates in excess of those paid Federal Government employees.

Statutory Notes and Related Subsidiaries

Effective Date of 1973 Amendment

Pub. L. 93–130, § 2, , 87 Stat. 460, provided that: “The amendment made by the first section of this Act [amending this section] shall apply with respect to vacancies occurring on or after the date of enactment of this Act [].”

Effective Date of 1968 Amendment

Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on , effective , and all other amendments of provisions of section, unless otherwise expressly provided by Pub. L. 90–496, effective , see section 16 of Pub. L. 90–496, set out as a note under section 1591 of this title.

Credits

1954–1973 · 6 acts
  1. 1954July 22, 1954, ch. 558, § 6, 68 Stat. 499
  2. 1959Pub. L. 86–289, § 2(a), (b), , 73 Stat. 568
  3. 1965Pub. L. 89–98, , 79 Stat. 423
  4. 1968Pub. L. 90–496, § 8(b), , 82 Stat. 839
  5. 1972Pub. L. 92–389, , 86 Stat. 563
  6. 1973Pub. L. 93–130, § 1, , 87 Stat. 460.
Show as published

(July 22, 1954, ch. 558, § 6, 68 Stat. 499; Pub. L. 86–289, § 2(a), (b), , 73 Stat. 568; Pub. L. 89–98, , 79 Stat. 423; Pub. L. 90–496, § 8(b), , 82 Stat. 839; Pub. L. 92–389, , 86 Stat. 563; Pub. L. 93–130, § 1, , 87 Stat. 460.)

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