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Impasse in Committee Over Senator Capehart’s Bill Aiming to Curb Illegal Gambling

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Lotto tickets are covered with one hyndred dollar bills.

In a recent turn of events, legislation championed by Senator Diane Capehart targeting illegal gambling faced another roadblock, failing to advance beyond its initial committee stage for the second time in as many weeks. During a session on Tuesday, the Committee on Homeland Security, Justice, and Public Safety examined Bill 35-0179, introduced by co-sponsor Senator Angel Bolques. The bill seeks to augment enforcement mechanisms against illegal gambling and lottery operations.

Senator Bolques highlighted the significant adverse impact of these illegal activities on the Virgin Islands Lottery’s revenue streams. These revenues are pivotal in supporting various initiatives, including the Government Employees’ Retirement System’s retirees bonus program. Bolques emphasized the urgency of the situation, stating, “Illegal lottery operations are a major hindrance, blocking the path to potentially millions in revenue that our territory could greatly benefit from.”

The severity of the issue was echoed by Raymond Williams, the V.I. Lottery’s executive director. He described illegal gaming as being at a “cancerous level,” contributing to an alarming rise in illicit activities within the territory. Williams expressed his unwavering support for the bill, which proposes clearer definitions of illegal gambling and heightened fines to bolster enforcement efforts. He urged the senators to endorse the bill, seeing it as a crucial step towards bolstering the territory’s revenues by eliminating illegal activities.

Contrarily, Jodie Smith Todman from the Office of the Territorial Public Defender presented a differing viewpoint. She voiced concerns over the proposed increase in fines and the shift in offense severity from a misdemeanor to a felony, which she argued would disproportionately affect the less fortunate. She recommended focusing on reducing gambling time and expenditure instead.

Kenneth Gittens, the Committee Chair, and Senator Franklin Johnson shared reservations about the drastic escalation of penalties to felony status. In response, Williams suggested a compromise with gradual penalty increments. However, Smith Todman advocated for better enforcement of existing laws before implementing such significant changes.

The discussion also touched on the challenges of law enforcement. Representatives from V.I. Lottery revealed that enforcement attempts are often hindered by insufficient probable cause, a concern shared by Senator Gittens, who doubted the bill’s potential to improve prosecution success rates.

Absent from the hearing, the V.I. attorney general’s office communicated its stance that merely increasing penalties without a strategic plan would be ineffective against illegal gaming. Senators, including Senator Alma Francis-Heyliger, emphasized the need for law enforcement and called for a collaborative approach to devise a more comprehensive solution.

Meanwhile, efforts to counter illegal gambling continue. Earlier this year, the V.I. Lottery launched “Caribbean Numbers,” a game developed with Caribbean Lottery, offering significant cash prizes and aimed at curtailing illegal gambling activities.

Police Commissioner Ray Martinez also underscored the importance of enforcing legal gaming laws, recalling extensive illegal lottery ticket confiscations dating back to his tenure as the Director of the Intelligence Unit for the VIPD.

Despite these ongoing initiatives, the bill faced a stalemate in the committee, with five senators voting to keep it on hold pending further review.

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New Legislative Effort to Address Non-Consensual Sharing of Explicit Images in the Virgin Islands

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The Virgin Islands Senate recently took a significant step toward protecting individuals from the unauthorized dissemination of sexually explicit images, commonly referred to as “revenge porn.” Senator Donna Frett-Gregory spearheaded the initiative, presenting Bill 35-0182 to the Committee on Homeland Security, Justice, and Public Safety. This proposed legislation aims to amend Title 14, Chapter 51 of the Virgin Islands Code, introducing stringent measures against the non-consensual sharing of explicit images.

With the advent of digital technology, the phenomenon of revenge porn has emerged as a disturbing trend, victimizing individuals by exposing their privacy to public scrutiny without consent. The bill proposes to tackle this issue head-on by categorizing the first offense as a misdemeanor, punishable by up to a year in prison, and elevating subsequent offenses to felony status. Victims would have two years to file a criminal complaint from the moment they become aware of the incident.

The Virgin Islands joins a concerted effort across 48 states, the District of Columbia, Guam, and Puerto Rico, where similar laws have been established to curb this invasive practice. The bill specifically targets the intentional distribution of non-consensual sexually explicit material aimed at harassment, intimidation, or causing harm to the victim, marking it as the territory’s 15th domestic violence crime.

Timothy Perry, representing the Department of Justice for St. Thomas, St. John, and Water Island, acknowledged the bill’s intent but suggested refinements to its language to eliminate potential legal defenses that could hinder prosecution. He highlighted the need for clarity on the intent to harass and knowledge of the necessity for consent.

The Virgin Islands Police Department (VIPD), through Assistant Commissioner Mario Brooks, expressed support for the bill, underscoring the traumatic impact of non-consensual pornography on victims. Brooks, however, raised concerns about the bill’s age limitations, pointing out the significant incidence of such crimes among minors, especially within educational settings.

The bill has ignited a broader discussion on the resources required for effective enforcement, with both the VIPD and the Department of Justice emphasizing the need for a comprehensive plan to accompany the new legislation. The Office of the Territorial Public Defender and the Women’s Coalition of St. Croix have also contributed to the dialogue, emphasizing the importance of addressing repeat offenders and the challenges faced by victims in reporting these crimes due to societal stigma.

The legislative committee’s overwhelming support for the bill, coupled with a call for public awareness campaigns by Senator Alma Francis-Heyliger, underscores the community’s commitment to combating this issue. Dr. Clema Lewis of the Women’s Coalition of St. Croix voiced her organization’s readiness to lead educational efforts, highlighting the critical role of awareness in prevention.

As the bill moves to the Committee on Rules and Judiciary, the Virgin Islands stands on the cusp of significant legal reform aimed at safeguarding personal dignity and privacy in the digital age, reflecting a collective resolve to address and prevent the harm caused by the non-consensual sharing of sexually explicit images.

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Governor Bryan’s Administration Advances School Upgrades Amid Budget Scrutiny

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In a proactive move towards improving educational infrastructure, the administration under Governor Bryan is making significant strides. Amid a focused dialogue with the Committee on Education and Workforce Development, concerns over financial stewardship within school renovation projects were brought to light by Senator Kenneth Gittens. The senator’s inquiry into fiscal responsibility and project efficiency underscored the administration’s commitment to transparency and accountability.

Senator Gittens, expressing his trust in the Department of Education’s leadership, voiced his apprehensions regarding contractor performance, sparked by student advocacy for better school conditions. His concerns led to a deeper examination of the projects managed by Custom Builders VI, particularly focusing on the air conditioning installation at St. Croix Educational Complex High School and the rehabilitation efforts at Gladys A Abraham Elementary School on St. Thomas.

Dionne Wells-Hedrington, the Education Commissioner, alongside Acting Chief Operations Officer Alan Fleming, provided insights into the project statuses. Fleming assured the committee of the near completion of the St. Croix project, highlighting the meticulous approach to ensuring quality and durability in educational facilities.

Addressing the queries raised by Senator Gittens regarding the costs associated with specific repairs, Fleming elaborated on the complexities and standards involved in commercial-grade installations, differentiating them from residential counterparts. This distinction underscores the administration’s focus on investing in lasting infrastructure that meets the specific needs of educational environments.

The Department of Property and Procurement has disclosed that Custom Builders’ contract for the Gladys Abraham Elementary School renovation is valued at approximately $4.87 million, demonstrating a substantial investment in the territory’s educational future. The air conditioning project at the Complex, with its near $825,000 budget, is pivotal for creating a conducive learning environment.

Despite Senator Gittens’ reservations about certain project costs and timelines, the administration’s dialogue with contractors and ongoing assessments ensure that the projects not only meet but exceed expectations. The acknowledgment of vendor responsiveness challenges by Mrs. Wells-Hedrington is a testament to the administration’s proactive stance on improving project delivery and efficiency.

As the St. Croix Educational Complex awaits the final piece for its air conditioning upgrade, the administration’s revised timeline reflects a commitment to thoroughness and quality. Governor Bryan’s focus on enhancing the educational landscape through such projects is a clear indication of his dedication to the well-being and success of the USVI’s students.

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Navigating Development in USVI Historic Districts: A Balanced Approach

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In the heart of discussions aimed at refining regulations for property development within the USVI’s historic downtown areas, a broader understanding emerged concerning the balance between preservation and progress. During a recent Senate Committee on Disaster Recovery, Infrastructure, and Planning session, key insights were shared on the nature of renovations in these cherished districts.

Acting Deputy Director Sean Krigger of the USVI State Historic Preservation Office, addressing inquiries from Senator Milton Potter, clarified the misconception around the complexity of undertaking development projects in the historic districts. Krigger emphasized that the regulatory framework for renovations in these areas closely mirrors the standards applied across St. Thomas, St. John, or St. Croix, aiming to dispel concerns over excessive bureaucracy or prohibitive costs.

The conversation, sparked by Senator Potter’s questions on what stifles interest in developing the historic districts, veered into a debate on whether financial burdens or bureaucratic hurdles were the primary deterrents. While Krigger and Jean Pierre Oriol, Commissioner of the Department of Planning and Natural Resources, pointed to escalating construction costs as a significant barrier, Senator Kenneth Gittens suggested that the stringency of Historic Preservation Commission’s (HPC) requirements might be the root cause. Gittens advocated for legislation to moderate certain restrictions, aiming to facilitate easier development processes.

Contrary to the perception of inflexibility, Krigger illustrated the HPC’s adaptability, highlighting innovations in construction that have eased the renovation process. Notably, the commission has approved the use of locally manufactured, cement-based bricks that mimic traditional Danish bricks in appearance but offer practical advantages. This approach exemplifies the HPC’s willingness to embrace modern solutions that respect historical aesthetics without compromising on quality or safety.

Krigger further showcased advancements such as cement boards designed to replicate the look of traditional wood siding, once the preferred material of the HPC. These fireproof boards exemplify the office’s effort to integrate safety with historical fidelity. Additionally, Krigger pointed out that many materials historically used in the districts remain readily accessible, indicating that the HPC’s guidelines are not as prohibitive as commonly believed.

The HPC’s guidelines, covering a spectrum from paint colors to architectural additions, are crafted to offer clarity and flexibility to property owners seeking to navigate the preservation requirements. This was underscored by St. Thomas HPC member Enrique Rodriguez, who noted the commission’s high approval rate for applications, challenging the narrative of an overly rigid HPC.

This discussion reflects a concerted effort to balance historic preservation with the realities of modern development, highlighting the USVI’s commitment to maintaining its cultural heritage while fostering economic growth and innovation in its historic districts.

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