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28 0014 Restructure Office Of Adjutant Gen. Homeland Security V I T E M A

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28 0014 Restructure Office Of Adjutant Gen. Homeland Security V I T E M A

  1. 1. COMMITTEE ON FINANCIAL SERVICES, INFRASTRUCTURE AND CONSUMER AFFAIRS BILL NO. 28-0014 Twenty-Eighth Legislature of the Virgin Islands MARCH 3, 2009 To amend Title 3 Chapter 1, and Title 23 Chapters 10, 11, 12, 12A, and 19, Virgin Islands Code, to restructure the Office of the Adjutant General, the Office of Homeland Security, and the Virgin Islands Territorial Emergency Management Agency and for other related purposes PROPOSED BY: Senator Celestino A. White, Sr. 1 WHEREAS, it is imperative that the Virgin Islands Territorial Emergency 2 Management Agency be able to efficiently and comprehensively prepare and implement 3 response and recovery plans for disasters and other emergencies; and 4 WHEREAS, the Virgin Islands Territorial Emergency Management Agency and 5 the Office of Homeland Security are presently under the Office of the Adjutant General 6 despite them being three agencies with differing, though related, roles; and 7 WHEREAS, it has been determined that there is significant overlap in the duties 8 of the Virgin Islands Territorial Emergency Management Agency and the Office of 9 Homeland Security in their preparedness, training, equipment, and planning functions; 10 and
  2. 2. 2 1 WHEREAS, it has been determined that the removal of the Virgin Islands 2 Territorial Emergency Management Agency and the Office of Homeland Security from 3 under the auspices of the Office of the Adjutant General, and the placement of the Office 4 of Homeland Security within the Virgin Islands Territorial Emergency Management 5 Agency will enable all three entities to better fulfill their mandates; and 6 WHEREAS, it has been determined that the removal of the Virgin Islands 7 Territorial Public Assistance Unit from under the auspices of the Office of Management 8 and Budget its placement within the Virgin Islands Territorial Emergency Management 9 Agency will further the goal of coordinating the Territory’s response to emergencies and 10 disasters; and 11 WHEREAS, the territorial response to all types of emergencies requires 12 coordination, including initial calls for emergency assistance, and it has been determined 13 that the placement of responsibility for 911 emergency service within the Virgin Islands 14 Territorial Emergency Management Agency will facilitate this coordination; Now, 15 Therefore, 16 Be it enacted by the Legislature of the Virgin Islands: 17 SECTION I. Chapters 10, 11, 12 and 12A of Title 23 Virgin Islands Code are 18 deleted in their entirety and the following new Chapter 10 is enacted in lieu thereof: 19 “TITLE 23, CHAPTER 10 20 Subchapter I. Emergencies and Major Disasters 21 § 1001. Short title 22 This chapter shall be cited as the “Virgin Islands Territorial Emergency 23 Management Act of 2009”. 24 § 1002. Purposes: The purposes of this chapter are to: 25
  3. 3. 3 1 1. Reduce vulnerability of the people and communities of this Territory to 2 damage, injury, and loss of life and property resulting from natural or man-made 3 catastrophes; 4 2. Clarify and strengthen the roles of the governor and territorial agencies in 5 prevention of, preparation for, response to and recovery from emergencies or major 6 disasters resulting from natural or man-made catastrophes; 7 3. Prepare for prompt and efficient rescue, care and treatment of persons 8 victimized or threatened by emergencies or major disasters. 9 4. Provide a setting conducive to the rapid and orderly start of recovery, 10 restoration and rehabilitation of persons and property affected by emergencies or major 11 disasters; 12 5. Authorize and provide for cooperation in the prevention of, preparation 13 for, response to, and recovery from emergencies and major disasters, including the 14 coordination of such activities with those of other jurisdictions; 15 6. Provide an emergency and major disaster management system; 16 7. Assist in prevention of emergencies or major disasters caused or 17 aggravated by inadequate planning for the regulation of public and private facilities and 18 land use. 19 8. To provide an efficient and effective 911 Emergency Communication 20 system designed to meet individual circumstances throughout the Virgin Islands. 21 9. To prepare and execute a comprehensive plan and program for emergency 22 management in the Virgin Islands; 23 10. To assist the Territorial government with respect to coordinating those 24 functions related to homeland security and to establish standards and procedures for
  4. 4. 4 1 addressing threats to homeland security and for protecting life, public health, property 2 and infrastructure in the event of terrorist attacks; and 3 11. It is further declared to be the purpose of this chapter and policy of the 4 Government of the Virgin Islands to ensure and provide clear direction, coordination and 5 support of all agencies directly and indirectly involved in the preparedness and response 6 readiness of the entire Territory, including efficient distribution of all federal assets made 7 available as well as for training personnel in all aspects of emergency management. 8 § 1003. Limitations 9 Nothing in this chapter shall be construed to: 10 1. Interfere with dissemination of news or comment on public affairs; but 11 any communications facility or organization (including but not limited to radio and 12 television stations, wire services, and newspapers) may be required to transmit or print 13 public service messages furnishing information or instructions in connection with an 14 emergency or major disaster. 15 2. Affect the jurisdiction or responsibilities of police forces, fire fighting 16 forces, units of the armed forces of the United States, or of any personnel thereof, when 17 on active duty; but territorial and jurisdictional emergency or major disaster plans shall 18 rely upon such forces as activated by the Governor for performance of functions related 19 to emergencies or major disasters. 20 3. Limit, modify, or abridge the authority of the Governor to proclaim 21 martial law or exercise any other powers vested in him under the Constitution of the 22 United States, the Revised Organic Act of the Virgin Islands of 1954, as amended, 23 federal laws made applicable to the Virgin Islands, or the statutes and common law of the 24 Virgin Islands, independent of, or in conjunction with, any provisions of this chapter. 25 4. Transcend the authority or jurisdiction of the Federal Government.
  5. 5. 5 1 § 1004. Definitions 2 (a) Except as provided in subsection (b), as used throughout this chapter: 3 (1) “emergency” means the imminent threat or occurrence of any 4 hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, 5 tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, 6 explosion, or other emergency including an emergency occasioned by a threat to 7 homeland security in any part of the Territory which, in the determination of the 8 Governor or the Director requires an integrated and coordinated emergency 9 response from various Territorial Government agencies to save lives and protect 10 public property, public health and safety or to avert or lessen the threat of a major 11 disaster, which may require an emergency declaration by the President or other 12 Federal assistance, but does not cause damage of such severity and magnitude that 13 the Governor requests major disaster assistance from the President pursuant to the 14 Stafford Act. 15 (2) “major disaster” means the imminent threat or occurrence of any 16 hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, 17 tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, 18 explosion, or other catastrophe including a catastrophe occasioned by a threat to 19 homeland security in any part of the Territory which, in the determination of the 20 governor or the Director requires a coordinated emergency response from various 21 Territorial Government agencies and which causes damage of sufficient severity 22 and magnitude for the Governor to request major disaster assistance from the 23 President pursuant to the Stafford Act, to supplement the efforts and available 24 resources of the Territorial Government and disaster relief organizations in 25 alleviating the damage, loss, hardship, or suffering caused thereby.
  6. 6. 6 1 (3) “state of emergency” means a public declaration by the Governor 2 to mitigate, prepare for, respond to, or recover from an emergency or major 3 disaster. Such public declaration shall be in the form of an executive order or 4 proclamation pursuant to section 1005 of this chapter. 5 (4) “Director” means the Director of VITEMA, who shall also serve as 6 the Territorial Coordinating Officer. 7 (5) “VITEMA” means the Virgin Islands Territorial Emergency 8 Management Agency. 9 (6) “VITEMP” means the Virgin Islands Territorial Emergency 10 Management Plan. 11 (7) “Stafford Act” means the Robert T. Stafford Disaster Relief and 12 Emergency Assistance Act, Pub. Law 100-707, as may be amended, any 13 successor act thereto, or other federal laws applicable to emergency management. 14 (8) “FEMA” means to the Federal Emergency Management Agency. 15 (9) “VITEMHS Council” means the council established under Section 16 1007 of this Title. 17 (10) “VING” means the Virgin Islands National Guard established 18 under Chapter 19 of this Title. 19 (11) “SAA” means the State Administrative Agent eligible to receive 20 grants from the United States Department of Homeland Security, who shall be 21 selected by the Director, and approved by the Governor. 22 (12) “EOC” means emergency operation center. 23 (13) “Homeland security” means the development, coordination, and 24 implementation of a Territorial policy to secure the people and property of the 25 Virgin Islands from terrorist threats or attacks. The term includes efforts to detect,
  7. 7. 7 1 prepare for, prevent, protect against, share intelligence where applicable, respond 2 to, and recover from terrorists' attacks within the Virgin Islands. 3 (14) “Joint Terrorism Task Force” or “JTTF” means the established 4 regional coordinating body of both federal and local law enforcement agencies 5 under the stewardship of the Federal Bureau of Investigation for sharing of 6 information and intelligence, as well as the coordination of resources for the 7 mitigation of weapons of mass destruction and response to terrorism throughout 8 the country. 9 (b) When the terms “emergency’ or “major disaster” are used in this chapter 10 in the context of a declaration or determination by the President, pursuant to the Stafford 11 Act that such conditions do exist or that assistance for such conditions is required, then 12 such terms, with respect to such declaration or that assistance for such conditions is 13 required, then such terms, with respect to such declaration or determination only, shall 14 not have the meanings set forth in subsection (a) of this section, but rather shall have the 15 meanings set forth in the Stafford Act and the rules and regulations promulgated 16 thereunder. 17 § 1005. The Governor and emergencies or major disaster; 18 (a) The Governor is responsible for meeting the dangers to the Territory and 19 people presented by emergencies or major disaster. 20 (b) The Governor may cooperate with the President of the United States, the 21 heads of the Armed Forces of the United States, the National Guard Bureau, FEMA, or 22 the Department of Homeland Security, and with any other appropriate officers or 23 agencies of the United States or the several States or Possessions thereof, and in 24 connection therewith, take any measures which the Governor may deem proper to 25 effectuate any request of the President and appropriate federal officers and agencies for
  8. 8. 8 1 any action requiring emergency management coordination and cooperation, including, 2 but not limited to, drills, exercises, tests, and mobilization of VING. Appropriate 3 measures may be taken to control the conduct of civilians and the movement of 4 pedestrians and automobile or vessel traffic during, prior to, and subsequent to drills, 5 exercises, or actual emergencies to include the evacuation of the civilian population. 6 (c) The Director shall serve as the principal assistant and advisor to the 7 Governor with respect to emergency management and disaster preparedness planning for 8 the Territory and in this capacity shall act on behalf of the Governor, as required, in 9 coordinating and directing governmental and nongovernmental emergency service 10 agencies. The Director shall take such actions and promulgate such rules and regulations 11 as are consonant with federal and territorial law or policy necessary to carry out the 12 functions assigned to him by law or by direction of the Governor. The Director shall 13 resolve interagency issues relating to emergencies or emergency management and shall 14 utilize VITEMA as the single territorial agency responsible to the Governor for 15 administrative supervision of emergency management activities under this chapter. He 16 shall render periodic reports of those activities to the Office of the Governor. 17 (d) A state of emergency on account of an emergency or major disaster may 18 be declared by a proclamation of the Governor if he finds that an emergency or major 19 disaster has occurred or that the occurrence thereof is imminent. The state of emergency 20 shall continue until the Governor finds that the threat or danger has passed or that the 21 response and recovery has progressed to the point that a state of emergency no longer 22 exists, whereupon he shall terminate the state of emergency by further proclamation. No 23 state of emergency may continue for longer than 30 days unless renewed by the 24 Governor. All proclamations issued under this subsection shall indicate the nature of the 25 emergency or major disaster, the area or areas threatened the conditions which have
  9. 9. 9 1 brought it about or which make possible termination of the state of emergency. A 2 proclamation shall be disseminated promptly by means calculated to bring its contents to 3 the attention of the general public and a copy filed with VITEMA. 4 (e) A proclamation of a state of emergency may activate the disaster 5 preparation, response and recovery aspects of the territorial and inter-jurisdictional 6 emergency and major disaster plans applicable to the area in question and, if they are so 7 activated, the proclamation shall also authorize the deployment and use of any forces to 8 which the plan or plans apply and the use or distribution of any supplies, equipment, 9 materials, and facilities assembled, stockpiled, or arranged to be made available pursuant 10 to this chapter or any other provision of law relating to emergencies or major disasters. 11 The Governor may, by proclamation, also authorize alternative means for activating the 12 Plan. 13 (f) During any state of emergency or major disaster the Governor shall be 14 commander-in-chief of all forces available for emergency duty. To the greatest extent 15 practicable, the Governor may delegate or assign command authority by orders issued at 16 the time of the emergency or major disaster. 17 (g) In addition to any other powers conferred upon the Governor by law 18 during any state of emergency, he may for the purpose of coping with the emergency, do 19 any of the following: 20 1. Suspend the provisions of any statute prescribing the procedures 21 for conduct of territorial business, or the orders, rules, or regulations of any 22 territorial agency. 23 2. Utilize all available resources of the Territory. 24 3. Transfer the direction, personnel, or functions of territorial 25 departments and agencies or units thereof.
  10. 10. 10 1 4. Subject to any application requirements for compensation under 2 section 1130 of this title, commandeer or utilize any private property. 3 5. Direct and compel the evacuation of all or a part of the population 4 from any stricken or threatened area within the Territory. 5 6. Prescribe routes, modes of transportation and destinations in 6 connection with evacuation. 7 7. Control ingress and egress to and from an effected area, the 8 movement of persons within the area and the occupancy of premises, including 9 barges, boats, ships and other watercraft therein. 10 8. Suspend or limit the sale, dispensing, or transportation of alcoholic 11 beverages, firearms, explosives, and combustibles, or any other materials deemed 12 to be critical for the health and safety of the people of the Territory of the Virgin 13 Islands. 14 9. Make provision for the availability and use of temporary 15 emergency housing. 16 10. Through the Commissioner of Licensing and Consumer Affairs, 17 take action necessary to freeze and maintain costs of goods and services to the 18 public at a price level existing immediately prior to the Governor’s proclamation 19 of the state of emergency. Such price freeze shall include, but not be limited to, 20 food items, water, beverages, health and medical care products, fuel, rents, 21 construction goods and services, clothing, furnishings, and such other goods and 22 services as are deemed appropriate under the circumstances presented. 23 11. Take any other action he deems necessary. 24
  11. 11. 11 1 § 1006. Creation of the Virgin Islands Territorial Emergency Management Agency; 2 duties; Director 3 (a) VITEMA shall have one Director, one Assistant Director, and such 4 Deputy Directors or Associate Directors as determined necessary, with the approval of 5 the Governor, in order for VITEMA to effectively and efficiently meet its mandates. 6 (b) The Director shall be the executive head of VITEMA and shall be 7 responsible for coordinating the entire emergency management program for the Territory. 8 The Director shall maintain liaison with emergency management agencies and 9 organizations of states, of the federal government, of national organizations and of 10 neighboring territories and countries. 11 (c) VITEMA, under the direction of the Director, shall prepare and maintain 12 VITEMP, which shall consist of one territorial administrative plan, an emergency 13 operations plan for each island, and such other plans as are appropriate. VITEMP shall 14 provide for: 15 1. Prevention and minimization of injury and damage caused by an 16 emergency or major disaster; 17 2. Prompt and effective response to an emergency or major disaster; 18 3. Emergency relief; identification of areas particularly vulnerable to 19 an emergency or major disaster; 20 4. Coordination with local officials in designing local action plans; 21 5. Establishment of procedures for the construction of temporary or 22 permanent projects designed to protect against or mitigate danger, damage, or loss 23 from hurricane, flood, conflagration, or other emergency or major disaster;
  12. 12. 12 1 6. Preparation and distribution to the appropriate territorial and local 2 officials of information regarding federal, territorial and private assistance 3 programs; 4 7. Organization of manpower and chains of command; 5 8. Coordination of federal, territorial, private and local emergency 6 activities; 7 9. Coordination of VITEMP with applicable federal programs, 8 FEMA, territorial programs, other jurisdictions and private industries; 9 10. Establishment of administrative procedures for enforcing 10 compliance with federal and territorial standards to achieve the objectives of 11 emergency management planning; 12 11. Establishment of emergency management programs which address 13 all hazards, including, but not limited to, terrorist threats or other actions to which 14 the Virgin Islands community is particularly vulnerable and providing specific 15 technical information concerning the use of equipment and special methods by 16 which such hazards may be addressed; and 17 12. Establishment of procedures for assisting special needs persons 18 during an emergency. 19 (e) In preparing and maintaining VITEMP, VITEMA shall seek the advice 20 and assistance of FEMA, other federal agencies, volunteer organizations and other 21 disaster preparedness agencies and other community leaders. 22 (f) VITEMP or any part thereof and a listing of the resources to be utilized in 23 implementing the Plan may be incorporated in regulations of VITEMA. The VITEMA 24 Council shall promulgate rules and regulations, subject to approval of the Governor, 25 necessary to carry out the purposes of this chapter.
  13. 13. 13 1 (g) The Territorial Public Assistance Unit (the “Unit”), previously placed 2 under the Office of Management and Budget pursuant to Executive Order 371-1997, is 3 hereby placed under VITEMA, which shall incorporate the Unit into VITEMA in a 4 manner as may be found to be appropriate by the Director to carry out the duties and 5 responsibilities of the Unit. 6 § 1007 Virgin Islands Territorial Emergency Management and Homeland Security 7 Council 8 (a) There is established the Virgin Islands Territorial Emergency 9 Management and Homeland Security Council (“VITEMHS Council”) to be composed of 10 the following persons: 11 (1) Director of VITEMA, who shall serve as Chairman; and 12 (2) Any commissioners of the departments within the executive branch 13 of the Government who are named to the VITEMHS Council by Executive Order 14 of the Governor, or their designees, including the Attorney General of the Virgin 15 Islands; and 16 (3) Any directors of the agencies and bureaus within the executive 17 branch of the Government who are named to the VITEMHS Council by Executive 18 Order of the Governor, or their designees; and 19 (4) The Adjutant General of VING, or his designee; and 20 (5) The executive directors or equivalent position of, or their 21 designees, the following semiautonomous agencies, instrumentalities, or public 22 corporations of the Government: (a) Virgin Islands Water and Power Authority; (b) 23 Virgin Islands Port Authority; (c) West Indian Company, Ltd.; (d) Virgin Islands 24 Economic Development Authority; (e) Virgin Islands Waste Management Authority; (f) 25 Virgin Islands Housing Finance Authority; (g) Virgin Islands Public Services
  14. 14. 14 1 Commission; (h) Government Employees Retirement System; (i) Virgin Islands Public 2 Finance Authority; (j) University of the Virgin Islands; (k) Virgin Islands Government 3 Hospitals and Health Facilities Corporation; (l) Schneider Regional Medical Center; and 4 (m) Juan F. Luis Hospital; 5 (6) The chief executive officer or equivalent position of, or their 6 designees, any corporation or other business entity which operates in the Virgin 7 Islands a public utility regulated by the Public Services Commission pursuant to 8 Title 30, Virgin Islands Code, and of any private emergency responder entity 9 operating in the Territory; and 10 (7) Private sector entities, including, but not limited to, the chambers 11 of commerce, hotel associations, and other entities, which may be invited to serve 12 on the EMC by the Governor in consultation with the Director. 13 (b) Each member of the VITEMHS Council shall attend all council meetings. 14 (c) The VITEMHS Council shall: 15 (1) Plan for and coordinate the federal and territorial emergency 16 management programs with FEMA and any other federal or territorial agencies, 17 or other appropriate public or private entities. 18 (2) Assist the Territorial Coordinating Officer in responding to the 19 Federal Coordinating Officer, or other appropriate federal agents or officers, in 20 the event the President approves a request from the Governor for an emergency 21 declaration or major disaster declaration; 22 (3) Provide goals and objectives to the Director for implementing 23 VITEMP; and
  15. 15. 15 1 (4) Work with the Director and all other government agencies, to 2 establish standards for the operations and activities of the Government related to 3 homeland security efforts, as set forth in subchapter II of this Chapter. 4 (d) Each entity made a member of the VITEMA Council shall designate an 5 Emergency Services Coordinator (“ESC”) and notify the Director of the person’s name 6 and telephone number. The person designated to serve as an ESC may not be a person 7 named or designated to serve on the VITEMA Council. The person designated as an 8 ESC shall be responsible to coordinate the respective entity’s policies and resources as 9 required by VITEMP. The head of each entity on the VITEMA Council shall give 10 written authority to the ESC enabling that person to obtain and provide the support 11 specified in VITEMP and provide a copy of said written authority to the Director. 12 § 1008. Financing 13 (a) It is the intent of the Legislature and declared to be the policy of the 14 Territory that funds to meet emergencies or major disasters shall always be available. 15 (b) A Disaster Contingency Fund (“DCF”) is established in the Treasury of 16 the Virgin Islands which shall receive monies appropriated thereto by the Legislature and 17 any federal grants or loans made available to the Virgin Islands in the event of major 18 disaster or emergency. Local monies deposited into the DCF may also be used as 19 matching funds for any federal grants under the Stafford Act. 20 (c) It is the legislative intent that for the purposes stated above the funds regularly 21 appropriated to territorial agencies shall be utilized prior to the use of monies in the DCF. 22 If the Governor finds that the demands placed upon these funds in coping with the 23 particular emergency or major disaster are unreasonably great, he may make funds 24 available from the Disaster Contingency Fund. If monies available from the Fund are 25 insufficient, and if the Governor finds that other sources of money to cope with the
  16. 16. 16 1 emergency or major disaster are not available or are insufficient, the Governor may 2 transfer and expend monies borrowed for a term not to exceed two years from the Federal 3 Government, bond proceeds, or other Treasury sources. 4 (d) Notwithstanding any other provision of law to the contrary, the Governor 5 is authorized to expend from any monies in the Disaster Contingency Fund such sums as 6 he deems necessary to meet the expenses of public agencies directly associated with an 7 emergency or major disaster to meet such expenses for such emergency or major disaster. 8 The Governor shall not exercise any authority under this subsection until and unless he 9 has declared in writing the nature of the emergency or major disaster. Within 60 days 10 after exercising any authority under this subsection, the Governor shall notify the 11 Legislature in writing of all expenses and obligations made pursuant to this subsection. 12 (e) The Governor may accept, on behalf of the Virgin Islands, for emergency 13 management purposes, from the Federal Government or any agency (public or private), 14 services, equipment, supplies, materials or funds by way of gift, loan or grant. Donated 15 funds shall be deposited into the Disaster Contingency Fund. All federal funds received 16 by VITEMA as reimbursement to said agency for expenditures, pursuant to 17 appropriations from the General Fund shall be forwarded by the Director of VITEMA to 18 the Commissioner of Finance for deposit into the General Fund. Funds being reimbursed 19 to the Emergency Response and Management Fund shall be deposited into said fund. 20 (f) Nothing contained in this section shall be construed to limit the 21 Governor’s authority to apply for, administer and expend grants, gifts, or payments in aid 22 of the prevention of, preparation for, response to, or recovery from emergencies and 23 major disaster. 24 25
  17. 17. 17 1 § 1009. Mutual Aid Agreements 2 The Governor may, on behalf of the United States Virgin Islands, enter into 3 reciprocal aid agreements or compacts with neighboring countries, subject to applicable 4 federal law. Such mutual aid agreements shall be limited to the furnishing or exchange of 5 food, clothing, medicine, and other emergency supplies; engineering services; emergency 6 housing; fire fighting services and equipment, rescue, transportation, and construction 7 services and equipment; personnel necessary to provide or conduct these services; and 8 such other supplies, equipment, facilities, personnel and services as may be needed; the 9 reimbursement of costs and expenses for equipment, supplies, personnel, and similar 10 items for mobile support units, fire fighting, and police units and health units; and on 11 such terms and conditions as deemed necessary. 12 § 1010. Hazard Mitigation 13 (a) In addition to measures regarding disasters preparedness as included in the 14 Plan, the Governor and the Director shall consider on a continuing basis steps that could 15 be taken to mitigate hazards that cause an emergency or major disaster. At the 16 Governor’s direction, and pursuant to any other authority and competence they have, 17 territorial agencies, including but not limited to those charged with responsibilities in 18 connection with flood plain management, stream encroachment and flow regulation, 19 weather, fire prevention and control, air quality, public works, land use and land-use 20 planning, and construction standards, shall make hazard mitigation studies and provide 21 financial resources and manpower to implement hazard mitigation actions. From time to 22 time the Governor shall make recommendations to the Legislature, and other appropriate 23 public and private entities as may facilitate hazard mitigation or risk reduction measures. 24 (b) The Department of Planning and Natural Resources shall advise VITEMA 25 concerning structures and other facilities which are particularly susceptible to severe land
  18. 18. 18 1 shifting, subsidence, flood, or other catastrophic occurrence. The studies under this 2 subsection shall concentrate on means of reducing or avoiding the hazards. 3 (c) If the Director believes on the basis of the studies or other competent 4 evidence that: 5 (1) An area is susceptible to any emergency or major disaster of 6 catastrophic proportions; 7 (2) The existing building standards and land-use controls in that area 8 are inadequate and could add substantially to the magnitude of the disaster; and 9 (3) That changes in zoning regulations, other land-use regulations, or 10 building requirements are essential in order to further the purposes of disaster 11 preparedness planning; he shall specify needed changes to the Governor and those 12 agencies with jurisdiction over the area and subject matter. If the Governor and 13 said agencies upon review of the recommendations find that the changes are 14 necessary, appropriate rules and regulations or executive orders may be 15 promulgated in the manner provided by law to implement those changes. 16 (d) The Governor, at the same time that he makes his recommendations 17 pursuant to subsection (c) of this section, may by executive order suspend the standard of 18 control which are determined to be inadequate to protect the public safety and put in 19 place temporary standards or controls in effect. The temporary standards or controls shall 20 remain in effect until the appropriate rules and regulations or executive orders to be 21 issued under subsection (c) hereof are promulgated according to law, but, in any event, 22 may not be effective for more than 90 days. During the time it is in effect, the temporary 23 standard or control contained therein shall be administered and given full effect by all 24 relevant agencies of the Territory to which it applies. 25
  19. 19. 19 1 § 1011. Compensation 2 (a) Each person within this Territory shall conduct himself and keep and 3 manage his affairs and property in ways that will reasonably assist and will not 4 unreasonably detract from the ability of the Territory and the public successfully to meet 5 emergencies or major disasters. This obligation includes appropriate personal service and 6 use or restriction on the use of property in time of emergency or major disaster. This 7 chapter neither increases nor decreases these obligations but recognizes their existence 8 under the United States Constitution, the Revised Organic Act, and statutes and common 9 law of this Territory. Compensation for services or for the taking or use of property shall 10 be made consistent with the United States Constitution, the Revised Organic Act, and 11 statutes and common law of this Territory. 12 (b) No personal services may be compensated by the Territory or any 13 subdivision or agency thereof, except pursuant to law. 14 (c) Compensation for property shall be paid only if the property was 15 commandeered or otherwise used in coping with an emergency or major disaster and its 16 use or destruction was ordered by the Governor or a member of the emergency or major 17 disaster forces of this Territory. 18 (d) Any person claiming compensation for the use, damage, loss, or 19 destruction of property under this chapter shall file a claim therefore with the appropriate 20 territorial agency in the form and manner the agency provides. 21 (e) Unless the amount of compensation on account of property damaged, lost, 22 or destroyed is agreed between the claimant and the agency, the amount of compensation 23 shall be calculated in the same manner as compensation due for a taking of property 24 pursuant to the condemnation laws of this Territory following insofar as possible the 25 procedures set forth in Chapter 19 of Title 28 of this Code.
  20. 20. 20 1 (f) Nothing in this section applies to or authorizes compensation for the 2 destruction or damaging of standing timber or other property in order to provide a fire 3 break, or to the release of water or the breach of impoundments in order to reduce 4 pressure or other danger from actual or threatened flood. 5 § 1012. Communications 6 VITEMA shall be responsible for coordinating rapid and efficient 7 communications during emergencies or major disasters. VITEMA shall operate the 8 EOCs wherein federal and territorial departments and agencies, and private sector entities 9 are integrated into a comprehensive territorial emergency communications system or 10 network. In studying the character and feasibility of any system or its several parts 11 VITEMA shall evaluate the possibility of multipurpose use thereof for general territorial 12 purposes. VITEMA shall make recommendations to the Governor as appropriate. 13 § 1013. Temporary housing for victims of an emergency or major disaster and site 14 acquisition and preparation 15 (a) Whenever there exists an emergency or major disaster under the laws of 16 this Territory, or the President has declared an emergency or a major disaster, as defined 17 by the Stafford Act to exist in this Territory, the Governor is authorized: 18 (1) To enter into purchase, lease, or other arrangements with any 19 agency of the United States for temporary housing units to be occupied by victims 20 of an emergency or major disaster. 21 (2) To acquire, temporarily or permanently, by purchase, lease, or 22 otherwise, sites necessary for the installation of temporary housing units for 23 victims of an emergency or major disaster, and to do all things required to prepare 24 such site to receive and utilize temporary housing units. For this purpose, the 25 Governor may utilize any funds available from federal funds, appropriations made
  21. 21. 21 1 by the Legislature, or from any other source, and, where necessary, the credit of 2 the Government of the Virgin Islands on such terms as he deems appropriate, 3 having due regard for current debt transactions of the Territory. 4 (3) Under such executive orders as he shall prescribe, to suspend 5 temporarily or modify for not to exceed 60 days any public health, safety, zoning, 6 transportation or other requirement of law or regulation within this Territory when 7 by executive order he deems such suspension or modification essential to provide 8 temporary housing for victims of an emergency or major disaster. Pursuant to this 9 section, the Governor’s action is subject to judicial and Legislative review but 10 shall not be subject to temporary stay pending litigation. 11 (b) Nothing contained in this section shall be construed to limit the 12 Governor’s authority to apply for, administer, and expend any grants, gifts, or payments 13 in aid of disaster prevention, preparedness, response, or recovery. 14 § 1014. Disaster loans to the Government of the Virgin Islands 15 Whenever the President has declared a “major disaster” as defined by the Stafford 16 Act to exist in the Territory, the Governor is authorized: 17 (a) Upon his determination that the Government of the Virgin Islands will 18 suffer a substantial loss of tax and other revenues from a major disaster and has a need 19 for financial assistance to perform its governmental functions, to apply to the federal 20 government or non-governmental financial institutions, on behalf of the Government of 21 the Virgin Islands, for a loan; and to receive and disburse the proceeds of any approved 22 loan. 23 (b) To determine the amount needed by the Government of the Virgin Islands 24 to restore or resume its governmental functions, and to certify the same to the federal 25 government or non-governmental financial institutions.
  22. 22. 22 1 § 1015. Debris and wreckage removal in emergencies and major disasters 2 (a) Whenever there exists an emergency or major disaster under the laws of 3 this Territory, or the President has declared an emergency or major disaster, as defined by 4 the Stafford Act, to exist in this Territory, the Governor is authorized: 5 (1) Notwithstanding any other provision of law, through the use of the 6 departments, agencies and instrumentalities of the Government of the Virgin 7 Islands, to clear or remove debris and wreckage which may threaten public health 8 or safety from publicly or privately owned land or water. 9 (2) To accept funds from the federal government or private sources 10 and utilize such funds for the purpose of removing debris or wreckage from 11 publicly or privately owned land or water. 12 (b) Whenever the Governor provides for clearance of debris or wreckage 13 pursuant to subsection (a) of this section, employees of the designated departments, 14 agencies and instrumentalities of the Government of the Virgin Islands, or individuals 15 appointed by the Governor of the Virgin Islands, are authorized to enter upon private land 16 or waters and perform any tasks necessary to the removal or clearance operation, and the 17 owner of the boat or other private property shall indemnify the Government of the Virgin 18 Islands against any claim arising from such removal including cost of removal, except 19 where the Government is reimbursed for such claims and costs from other sources. 20 (c) Except in cases of willful misconduct, gross negligence, or bad faith, any 21 employee or agent of the Government of the Virgin Islands complying with orders of the 22 Governor and performing duties pursuant thereto under this section shall not be liable for 23 death of or injury to persons or damage to property. 24
  23. 23. 23 1 § 1016. Territorial financial participation in grants to victims of emergencies and 2 major disasters 3 (a) Whenever the President has declared an emergency or major disaster, as 4 defined by the Stafford Act to exist in this Territory, the Governor is authorized: 5 (1) Upon his determination that financial assistance is essential to 6 meet necessary expenses or serious needs to individuals or families adversely 7 affected by such emergency or major disaster, and related thereto, that cannot be 8 otherwise adequately met from other means of assistance, to accept a grant by the 9 federal government to fund such financial assistance, subject to such terms` and 10 conditions as may be imposed upon the grant. 11 (2) To enter into an agreement with the federal government or any 12 officer or agency thereof, pledging the Government of the Virgin Islands to 13 participate in the funding of the financial assistance authorized in paragraph (1) of 14 this subsection, in an amount not to exceed 25 percent thereof and, if territorial 15 funds are not otherwise available to the Governor, to accept an advance of the 16 territorial share from the federal government to be repaid when the Government 17 of the Virgin Islands is able to do so. 18 (b) All federal grants received pursuant to this section, and all local matching 19 funds related thereto, shall be deposited in the General Disaster Relief Fund created by 20 Title 33, Section 3041, Virgin Islands Code, and shall be disbursed therefrom in 21 accordance with that section. 22 Subchapter II. Homeland Security 23 § 1031. Homeland Security within VITEMA 24 (a) VITEMA shall have jurisdiction over all matters of Homeland security.
  24. 24. 24 1 (b) The Director, in consultation with the VITEMHS Council and all other 2 government agencies, shall establish standards for the operations and activities of the 3 Government related to homeland security efforts. 4 § 1032. Responsibilities and duties of the Director 5 (a) The Director shall appoint, with the approval of the Governor, a 6 Homeland Security Advisor. The Homeland Security Advisor may also serve as the SAA 7 at the discretion of the Director. 8 (b) The Director shall be a member of the Homeland Security Council and a 9 member of the Joint Terrorism Task Force. 10 (c) The Director has the authority and duty, or may designate to the Advisor 11 for Homeland Security, to: 12 (1) Develop, in coordination with the VITEMHS Council and required 13 participating or stakeholder, first-responder agencies, a comprehensive plan and 14 program for homeland security, not inconsistent with federal law, including a plan 15 for the security of critical infrastructure licensed or regulated by agencies of the 16 federal government. The plans and programs must be integrated and coordinated 17 with federal and territorial plans. The completed plan and strategy must be 18 forwarded to the EMC within 30 days after approval by the Department of 19 Homeland Security's Office for Domestic Preparedness; 20 (2) Assist in the utilization of the services and facilities of 21 departments, offices and agencies of the Government for homeland security 22 issues; 23 (3) Assist local law enforcement agencies, and departments as may be 24 reasonable and necessary for the purpose of securing compliance with this chapter 25 and with the orders, rules, and regulations made under this chapter;
  25. 25. 25 1 (4) Receive intelligence information from federal authorities relating 2 to homeland security and ensure that, to the extent allowed by law, all appropriate 3 and necessary intelligence and law enforcement information regarding homeland 4 security is disseminated to and exchanged among appropriate executive 5 departments responsible for homeland security, and where appropriate, promote 6 the exchange of such information with other U.S. jurisdictions and private 7 entities; 8 (5) Promote, schedule, conduct and coordinate simulated exercises 9 designed in coordination with the VITEMHS Council. The simulated exercises 10 must be designed to prepare the appropriate first-responder agencies and the 11 appropriate supporting government agencies for action to be taken in the event of 12 a terrorist threat or attack; 13 (6) Assist with government efforts to achieve public health 14 preparedness before and during terrorist events; 15 (7) Engage in the exchange of information with the federal 16 government and Territorial law enforcement agencies relating to immigration and 17 efforts to improve the security of the borders, Territorial waters, and ports of the 18 United States; 19 (8) Coordinate with the efforts of first-responder agencies, including 20 VITEMA, to protect the people of the Virgin Islands and the Territory's critical 21 infrastructure from terrorist attack, including, energy, water production, 22 transmission and distribution systems, telecommunications, public and privately- 23 owned information systems, special public and private events, transportation hubs 24 and networks, livestock, farms, water, and food supplies, and research institutions. 25 Notwithstanding any other provision of this chapter, the Director may not impose
  26. 26. 26 1 security requirements on any private sector facility which are inconsistent with 2 requirements applicable to private sector facilities under federal law or 3 regulations; 4 (9) Ensure that the local governmental agencies and authorities 5 coordinate and cooperate with federal agencies and the Department of Homeland 6 Security and its regional offices, and private-sector security forces responsible for 7 the protection of critical infrastructure consistent with federal laws and 8 regulations applicable to private-sector security forces related to homeland 9 security issues; 10 (10) Receive gifts, including, services, equipment, supplies, materials, 11 and funds, apply for and accept grants, contributions and any other forms of 12 assistance from the United States Government, the Government of the Virgin 13 Islands or other public entities, or from any other source, public or private, for the 14 purposes of homeland security, and enter into and carry out agreements in 15 connection therewith and include in any agreement for financial assistance with 16 the United States Government such conditions imposed pursuant to federal laws 17 as it may consider reasonable and appropriate and which are not inconsistent with 18 the purposes of this chapter; and to expend the proceeds of any such grants and 19 financial assistance for the purposes of this chapter; and 20 (11) Promulgate necessary rules and regulations to implement and 21 administer the program established in this chapter. 22 23 24
  27. 27. 27 1 § 1033. Additional powers of the Director which may be exercised during a 2 declaration of emergency 3 When the Governor declares a state of emergency related to homeland security, 4 the Director shall have and may exercise the following additional powers, under the 5 direction and control of the Governor: 6 (a) Sell, lend, lease, give, transfer, or deliver materials and perform services 7 for homeland security purposes on such terms and conditions as the Governor shall 8 prescribe; 9 (b) Assist the Department of Agriculture and the Department of Health to 10 employ such measures as the quarantine of persons, animals, plants, fruits, water, or food 11 products, as may be reasonably necessary for the purpose of securing compliance with 12 this chapter; 13 (c) In coordination with the Office of Highway Safety and the Police 14 Department, with due consideration to the recommendations of other appropriate 15 governmental agencies, formulate and execute plans and regulations for the control of 16 traffic and the rapid and safe movement over public highways and roads of people, 17 vehicles and materials for use in any incident response, and coordinate the activities of 18 the departments and agencies of the Government concerned directly or indirectly with 19 public highways and roads, in a manner that will best ensure the public safety during a 20 threat to homeland security; 21 (d) Coordinate the deployment of Government employees for emergency 22 response operations; and 23 (e) Exercise such other functions, powers and duties as are necessary to 24 promote and secure the safety and protection of the civilian population and achieve the 25 purposes of this chapter.
  28. 28. 28 1 Subchapter III. Emergency Management Assistance Compact 2 § 1051 Short title 3 This subchapter may be cited as the 'Emergency Management Assistance 4 Compact Act. 5 § 1052 Purposes and authorities 6 This compact is made and entered into by and between the participating member 7 states, which enact this compact, hereinafter called party states. For the purposes of this 8 agreement, the term 'states' is taken to mean the several states, the Commonwealth of 9 Puerto Rico, the District of Columbia, and all U.S. territorial possessions. 10 The purpose of this compact is to provide for mutual assistance between the states 11 entering into this compact in managing any emergency or disaster that is duly declared by 12 the governor of the affected state(s), whether arising from natural disaster, technological 13 hazard, man-made disaster, civil emergency aspects of resources shortages, community 14 disorders, insurgency, or enemy attack. 15 This compact shall also provide for mutual cooperation in emergency-related 16 exercises, testing, or other training activities using equipment and personnel simulating 17 performance of any aspect of the giving and receiving of aid by party states or 18 subdivisions of party states during emergencies, such actions occurring outside actual 19 declared emergency periods. Mutual assistance in this compact may include the use of 20 states National Guard forces, either in accordance with the National Guard Mutual 21 Assistance Compact or by mutual agreement between states. 22 § 1053 General implementation 23 Each party state entering into this compact recognizes many emergencies 24 transcend political jurisdictional boundaries and that intergovernmental coordination is 25 essential in managing these and other emergencies under this compact. Each state further
  29. 29. 29 1 recognizes that there will be emergencies which require immediate access and present 2 procedures to apply outside resources to make a prompt and effective response to such an 3 emergency. This is because few, if any, individual states have all the resources they may 4 need in all types of emergencies or the capability of delivering resources to areas where 5 emergencies exist. 6 The prompt, full, and effective utilization of resources of the participating states, 7 including any resources on hand or available from the Federal Government or any other 8 source, that are essential to safety, care, and welfare of the people in the event of any 9 emergency or disaster declared by a party state, shall be the underlying principle on 10 which all articles of this compact shall be understood. 11 On behalf of the governor of each state participating in the compact, the legally 12 designated state official that is assigned responsibility for emergency management will be 13 responsible for formulation of the appropriate interstate mutual aid plans and procedures 14 necessary to implement this compact. 15 § 1054 Party state responsibilities 16 (a) It shall be the responsibility of each party state to formulate procedural 17 plans and programs for interstate cooperation in the performance of the responsibilities 18 listed in this section. In formulating such plans, and in carrying them out, the party states, 19 insofar as practical, shall: 20 (1) Review individual state hazards analyses and, to the extent 21 reasonably possible, determine all those potential emergencies the party states 22 might jointly suffer, whether due to natural disaster, technological hazard, man- 23 made disaster, emergency aspects of resource shortages, civil disorders, 24 insurgency, or enemy attack.
  30. 30. 30 1 (2) Review party states individual emergency plans and develop a plan 2 that will determine the mechanism for the interstate management and provision of 3 assistance concerning any potential emergency. 4 (3) Develop interstate procedures to fill any identified gaps and to 5 resolve any identified inconsistencies or overlaps in existing or developed plans. 6 (4) Assist in warning communities adjacent to or crossing the sate 7 boundaries. 8 (5) Protect and assure uninterrupted delivery of services, medicines, 9 water, food, energy and fuel, search and rescue, and critical lifeline equipment, 10 services, and resources, both human and material. 11 (6) Inventory and set procedures for the interstate loan and delivery of 12 human and material resources, together with procedures for reimbursement or 13 forgiveness. 14 (7) Provide, to the extent authorized by law, for temporary suspension 15 of any statutes. 16 (b) The authorized representative of a party state may request assistance of 17 another party state by contacting the authorized representative of that state. The 18 provisions of this agreement shall only apply to requests for assistance made by and to 19 authorized representatives. Requests may be verbal or in writing. If verbal, the requests 20 shall be confirmed in writing within 30 days of the verbal request. Requests shall provide 21 the following information: 22 (1) A description of the emergency service function for which 23 assistance is needed, such as but not limited to fire services, law enforcement, 24 emergency medical, transportation, communications, public works and
  31. 31. 31 1 engineering, building inspection, planning and information assistance, mass care, 2 resource support, health and medical services, and search and rescue. 3 (2) The amount and type of personnel, equipment, materials and 4 supplies needed, and a reasonable estimate of the length of time they will be 5 needed. 6 (3) The specific place and time for staging of the assisting party's 7 response and a point of contact at that location. 8 (c) There shall be frequent consultation between state officials who have 9 assigned emergency management responsibilities and other appropriate representatives of 10 the party states with affected jurisdictions and the United States Government, with free 11 exchange of information, plans, and resource records relating to emergency 12 § 1055 Limitations 13 Any party state requested to render mutual aid or conduct exercises and training 14 for mutual aid shall take such action as is necessary to provide and make available the 15 resources covered by this compact in accordance with the terms hereof; provided that it is 16 understood that the state rendering aid may withhold resources to the extent necessary to 17 provide reasonable protection for such state. Each party state shall afford to the 18 emergency forces of any party state, while operating within its state limits under the 19 terms and conditions of this compact, the same powers except that of arrest unless 20 specifically authorized by the receiving state, duties rights, and privileges as are afforded 21 forces control the state in which they are performing emergency services. Emergency 22 forces will continue under the command and control of their regular leaders, but the 23 organizational units will come under the operational control of the emergency service 24 authorities of the state receiving assistance. These conditions may be activated, as 25 needed, only subsequent to a declaration of a state of emergency or disaster by the
  32. 32. 32 1 governor of the party state that is to receive assistance or commencement of exercises or 2 training for mutual aid and shall continue so long as the exercises or training for mutual 3 aid are in progress, the state of emergency or disaster remains in effect or loaned 4 resources remain in the receiving state(s), whichever is longer. 5 § 1056 Licenses and permits 6 Whenever any person holds a license, certificate, or other permit issued by any 7 state party to the compact evidencing the meeting of qualifications for professional, 8 mechanical, or other skills, and when such assistance is requested by the receiving party 9 state, such person shall be deemed licensed, certified, or permitted by the state requesting 10 assistance to render aid involving such skill to meet a declared emergency or disaster, 11 subject to such limitations and conditions as the governor of the requesting state may 12 prescribe by executive order or otherwise. 13 § 1057 Liability 14 Officers or employees of a party state rendering aid in another state pursuant to 15 this compact shall be considered agents of the requesting state for tort liability and 16 immunity purposes; and no party state or its officers or employees rendering aid in 17 another state pursuant to this compact shall be liable on account of any act or omission in 18 good faith on the part of such forces while so engaged or on account of the maintenance 19 or use of any equipment or supplies in connection therewith. Good faith in this section 20 shall not include willful misconduct, gross negligence, or recklessness. 21 § 1058 Supplementary agreements 22 Inasmuch as it is probable that the pattern and detail of the machinery for mutual 23 aid among two or more states may differ from that among the states that are party hereto, 24 this instrument contains elements of a broad base common to all states, and nothing 25 herein shall preclude any state from entering into supplementary agreements with another
  33. 33. 33 1 state or affect any other agreements already in force between states. Supplementary 2 agreements may comprehend, but shall not be limited to, provisions or evacuation and 3 reception of injured and other persons and the exchange of medical, fire, police, public 4 utility, reconnaissance, welfare, transportation and communications personnel, and 5 equipment and supplies. 6 § 1059 Compensation 7 Each party state shall provide for the payment of compensation and death benefits 8 to injured members of the emergency forces of that state and representatives of deceased 9 members of such forces in case such members sustain injuries or are killed while 10 rendering aid pursuant to this compact, in the same manner and on the same terms as if 11 the injury or death were sustained within their own state. 12 § 1060 Reimbursement 13 Any party state rendering aid in another state pursuant to this compact shall be 14 reimbursed by the party state receiving such aid for any loss or damage to or expense 15 incurred in the operation of any equipment and the provision of any service in answering 16 a request for aid and for the cost incurred in connection with such requests; provided, that 17 any aiding party state may assume in whole or in part such loss, damage, expense, or 18 other cost, or may loan such equipment or donate such services to the receiving party 19 state without charge or cost; and provided further, that any two or more party states may 20 enter into supplementary agreements establishing a different allocation of costs among 21 those states. Section 1109 expenses shall not be reimbursable under this provision. 22 § 1061 Evacuation 23 Plans for the orderly evacuation and interstate reception of portions of the civilian 24 population as the result of any emergency or disaster of sufficient proportions to so 25 warrant, shall be worked out and maintained between the party states and the emergency
  34. 34. 34 1 management/service directors of the various jurisdictions where any type of incident 2 requiring evacuations might occur. Such plans shall be put into effect by request of the 3 state from which evacuees come and shall include the manner of transporting such 4 evacuees, the number of evacuees to be received in different areas, the manner in which 5 food, clothing, housing, and medical care will be provided, the registration of the 6 evacuees, the providing of facilities for the notification of relatives or friends, and the 7 forwarding of such evacuees to other areas or the bringing in of additional materials, 8 supplies, and all other relevant factors. Such plans shall provide that the party state 9 receiving evacuees and the party state from which the evacuees come shall mutually 10 agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for 11 such evacuees, for expenditures for transportation, food, clothing, medicines and medical 12 care, and like items. Such expenditures shall be reimbursed as agreed by the party state 13 from which the evacuees come. After the termination of the emergency or disaster, the 14 party state from which the evacuees come shall assume the responsibility for the ultimate 15 support of repatriation of such evacuees. 16 § 1062 Implementation 17 (a) This compact shall become operative immediately upon its enactment into 18 law by any two (2) states. Thereafter, this compact shall become effective as to any other 19 state upon its enactment by such state. 20 (b) Any party state may withdraw from this compact by enacting a statute 21 repealing the same, but no such withdrawal shall take effect until 30 days after the 22 governor of the withdrawing state has given notice in writing of such withdrawal to the 23 governors of all other party states. Such action shall not relieve the withdrawing state 24 from obligations assumed hereunder prior to the effective date of withdrawal.
  35. 35. 35 1 (c) Duly authenticated copies of this compact and of such supplementary 2 agreements as may be entered into shall, at the time of their approval, be deposited with 3 each of the party states and with the Federal Emergency Management Agency and other 4 appropriate agencies of the Unites States Government. 5 § 1063 Validity 6 This chapter shall be construed to effectuate the purposes stated in section 1102 7 hereof. If any provision of this compact is declared unconstitutional, or the applicability 8 thereof to any person or circumstances held invalid, the constitutionality of the remainder 9 of this chapter and the applicability thereof to other provisions and circumstances shall 10 not be affected thereby. 11 § 1064 Additional provision 12 Nothing in this compact shall authorize or permit the use of military force by the 13 National Guard of a state at any place outside that state in any emergency for which the 14 President is authorized by law to call into federal service the militia, or for any purpose 15 for which the use of the Army or the Air Force would in the absence of express statutory 16 authorization be prohibited under Section 1385 of title 18, United States Code. 17 Subchapter IV. 911 Emergency System 18 § 1071. “911” Definitions 19 As used in this subchapter, unless the context otherwise requires: 20 (a) “911 Service” means the telecommunication system which provides the 21 user of the public telephone system the ability to reach a public safety answering point by 22 dialing the digits, “9–1-1”. 23 (b) “Public agency” means the Government of the Virgin Islands and any 24 agency, department, or unit thereof or special purpose district located in whole or in part
  36. 36. 36 1 within the Virgin Islands which provides or has authority to provide ambulance, 2 firefighting, law enforcement, medical or other emergency services. 3 (c) “Public safety agency” means a functional division of a public agency 4 which provides ambulance, firefighting, law enforcement, medical or other emergency 5 services. 6 (d) “Private safety entity” means a private entity which provides ambulance, 7 firefighting, law enforcement, medical or other emergency services. 8 (e) “Public safety answering point (PSAP)” means a communication facility 9 operated on a 24-hour basis, assigned responsibility to receive 911 calls and, as 10 appropriate, to directly dispatch emergency response services, or to transfer or relay 11 emergency 911 calls to other public service agencies. It is the first point of reception by a 12 public safety agency of a 911 call, and serves the jurisdiction in which it is located and 13 other participating jurisdictions according to a specified operational policy. 14 (f) “Direct dispatch method” means the method of responding to a telephone 15 request for emergency service whereby the PSAP decides on the proper action to be taken 16 and dispatches the appropriate emergency service unit. 17 (g) “Relay method” means the method of responding to a telephone request 18 for emergency service whereby a PSAP notes pertinent information and relays it to the 19 appropriate public safety agency or other provider of emergency service for dispatch of 20 an emergency service unit. 21 (h) “Transfer method” means the method of responding to a telephone request 22 for emergency service whereby a PSAP transfers the call directly to the appropriate 23 public safety agency or other provider of emergency service for dispatch of an emergency 24 service unit.
  37. 37. 37 1 (i) “VITEMA” means the Virgin Islands Territorial Emergency Management 2 Agency established by this chapter. VITEMA is responsible for the administration of 3 911 service in the United States Virgin Islands. 4 (j) “Automatic number identification (ANI)” means the system capability to 5 identify the telephone number associated with the access line from which a call originates 6 and provide a display of that number at a PSAP. 7 (k) “Automatic location identification (ALI)” means the automatic display at 8 the PSAP of the caller’s telephone number, the address/location of the telephone and 9 supplementary emergency services information of the location from which a call 10 originates. 11 § 1072. Methods of handling emergency telephone calls 12 911 services shall be designed to meet the individual circumstances of the Islands 13 of St. Croix, St. John, St. Thomas, and Water Island and the public agencies participating 14 in the 911 system. However, standardized processes between the two call centers, one on 15 St. Croix and one on St. Thomas, will ensure optimal service and back-up capability in 16 case of high call volumes, or the temporary incapacity of one center due to catastrophic 17 weather or other circumstances. Every system shall be designed so that a 911 call is 18 processed by means of one of the methods defined in section 1071 of this chapter, 19 namely, direct dispatch, relay, or transfer; provided, however, at least two of the specified 20 methods shall be available for use by the PSAP receiving the call. 21 § 1073. Emergency services included in system 22 (a) Every 911 system shall be capable of transmitting requests for ambulance, 23 firefighting, law enforcement, medical or emergency services to a public safety agency or 24 other government agencies that provide the requested service at the place where the call 25 originates. A 911 system may also provide for transmittal of requests for other
  38. 38. 38 1 emergency services, such as poison control, suicide prevention, and civil defense. 2 Conferencing capability with counseling, aid to handicapped, and other services as 3 deemed necessary for emergency response determination may be provided by the 911 4 system. 5 (b) Any unit of any agency of the Territory which provides ambulance, 6 firefighting, law enforcement, medical or emergency services to an area shall be part of 7 the 911 system or systems in the area it serves. A 911 PSAP may transmit emergency 8 response requests to private safety entities. 9 Automatic intrusion alarms and other automatic altering devices shall not be 10 installed so as to cause the number 911 to be dialed in order to access directly emergency 11 services; however, this provision shall not apply to a 911 system if the heads of all of the 12 public safety agencies participating in the 911 system agree otherwise. 13 § 1074. Pay telephone; dialing without a coin 14 Each telephone common carrier shall convert every pay station telephone within 15 the area served by a 911 system to permit a caller to dial 911, and to reach an operator by 16 dialing “0”, without first inserting a coin or paying any other charge. 17 § 1075. Development of technical standards 18 VITEMA shall promulgate rules and regulations as are just and reasonable and in 19 the public interest to implement the provisions of this chapter. 20 § 1076. Preparation of individual system plans by public agencies; implementation 21 Each local public agency shall designate a coordinator who shall serve as the 22 point of contact in working with VITEMA. 23 (a) Public agencies and public safety agencies shall prepare tentative 911 24 system plans which meet the technical and operational standards established by 25 VITEMA. Upon request by public agencies, VITEMA shall assist public agencies in
  39. 39. 39 1 developing effective 911 system plans by providing guidance as to plan content, technical 2 assistance, and by providing advice in formulating concepts, methods and procedures to 3 improve 911 system designs, their implementation and their operation. VITEMA shall 4 apply for financial aid, including federal funding assistance, to develop plans for 5 implementation and operation of their 911 systems. 6 (b) Plans filed pursuant to subsection (b) of this section shall conform to 7 minimum standards established pursuant to this chapter. 8 § 1077. Enforcement of compliance by judicial proceedings 9 The Virgin Islands Department of Justice may, at the request of VITEMA, or on 10 its own initiative, commence judicial proceedings in a court of competent jurisdiction 11 against any public agency or the common carrier providing telephone service to enforce 12 the provisions of this chapter. 13 § 1078. Telephone company exempt from liability for providing ANI or ALI 14 information 15 (a) A common carrier serving a public agency or group of agencies which has 16 implemented a 911 system with automatic number identification and/or automatic 17 location identification features shall be required to provide such public agency or group 18 of public agencies access to the telephone numbers of subscribers and the addresses 19 associated with the numbers needed to implement these features. 20 (b) A common carrier shall not be liable to any person who uses the 21 emergency number system created under this chapter for release of the information 22 specified in subsection (a) of this section to a public agency or group of public agencies 23 as required by subsection (a). 24 (c) A common carrier, its employees, agents, contractors, and affiliates shall 25 not be held liable for any acts in the operation, administration, or maintenance of a 911
  40. 40. 40 1 service, unless such acts are found to be of willful intent as defined in Title 1, section 41, 2 of the Virgin Islands Code. 3 § 1079. Address label on pay telephone 4 Each common carrier providing 911 services to a public agency or group of 5 agencies shall prominently display, on every pay station telephone within its 911 service 6 area, the address or location of the telephone.” 7 SECTION 2. There is added to Title 33, Chapter 111, of the Virgin Islands Code 8 a new section 3100r, titled the Emergency Response and Management Fund, which shall 9 provide: 10 “§ 3100r. Emergency Response and Management Fund 11 (a) There is established in the treasury of the Government of the Virgin 12 Islands a special revolving fund to be designated the “Emergency Response and 13 Management Fund.” The Commissioner of Finance shall provide for the administration 14 of the fund as a separate and distinct fund in the Treasury of the Government of the 15 Virgin Islands and funds shall be available for expenditure or disbursement therefrom as 16 provided in this section. 17 (b) “The Fund” shall consist of all sums appropriated thereto by the 18 Legislature, designated bond proceeds, and any donations thereto from private sources. 19 (c) Monies contained in the fund shall remain available to VITEMA until 20 expended and shall be used for, but not limited to, the following purposes: 21 (1) immediate emergency management and response costs; 22 (2) costs of activation of the emergency operations centers; 23 (3) costs of prepositioning supplies or personnel in the advent of an 24 apparent emergency situation; and 25 (4) costs of emergency replacement or repair of critical equipment.
  41. 41. 41 1 For the uses enumerated above, monies shall be disbursed from the fund by the 2 Commissioner of Finance, upon the authorization of the Director of VITEMA. 3 (d) The Director of VITEMA shall submit annual reports of the expenditures 4 from the fund to the Governor and the Legislature within thirty (30) days of the close of 5 each fiscal year. 6 SECTION 3. (a) Title 33, Chapter 111, Section 3099, subsections (d) and 7 (e), Virgin Islands Code is hereby amended by deleting “Commissioner of Police” 8 wherever it appears and inserting in lieu thereof “Director of VITEMA”. 9 (b) There is hereby appropriated to VITEMA for the fiscal year ending 10 September 30, 2009 the sum of $371,000 from the Treasury of the Virgin Islands to pay 11 for services previously contracted for and received by VITEMA but for which contractors 12 remain unpaid. 13 SECTION 4. Title 3, Chapter 1, Section 23, Virgin Islands Code is amended by 14 deleting all existing language and inserting in lieu thereof: 15 “(a) There is established in the Executive Branch of the Government of the 16 Virgin Islands the Virgin Islands Territorial Emergency Management Agency 17 (“VITEMA”). 18 (b) VITEMA shall be administered and supervised by a Director who shall be 19 appointed by the Governor with the advice and consent of the Legislature, and shall hold 20 office during the continuance in office of the Governor by whom the Director is 21 appointed until a successor is appointed and qualified, unless sooner removed from office 22 by the Governor. The Director shall hire, with approval of the Governor, all staff 23 necessary and proper for the efficient and effective operation of VITEMA in accordance 24 with the laws of the U.S. Virgin Islands.
  42. 42. 42 1 (c) VITEMA and its Director shall have the powers, duties, and authority 2 prescribed in Title 23, Chapter 10, Virgin Islands Code, and such other sections of the 3 Virgin Islands Code which bestow powers, duties, and authority on VITEMA and its 4 Director. 5 (d) VITEMA, through its Director, may promulgate such rules and regulations 6 as approved by the Governor pursuant to Title 3, Chapter 35, Virgin Islands Code, as are 7 necessary and appropriate for its proper administration, the conduct of its officers and 8 other personnel, and the performance of its duties. 9 (e) VITEMA shall prepare an annual budget for submission to the Director of 10 the Office of Management and Budget.” 11 SECTION 5. Title 23, Chapter 19 Virgin Islands Code is amended in the 12 following instances: 13 (a) Section 1508 is amended by: 14 (1) adding a new subsection (c)(7) to provide “Serve as a member of 15 the VITEMA Council and the Homeland Security Council established pursuant to 16 Chapter 10, Sections 1007and 1034, respectively, of this Title.”; and 17 (2) renumbering the present subsection (c)(7) as subsection (c)(8). 18 (b) Section 1519 is amended by inserting “emergency,” after “disaster,”. 19 SECTION 6. (a) The effective date of this legislation shall be 90 days after 20 approval by the Governor to ensure for an orderly and effective implementation of these 21 provisions. 22 (b) Upon passage of this Act, the Governor is authorized to transfer to 23 VITEMA the personnel, possession, and control of the facilities and equipment and title 24 to real property currently under the control of the Office of the Adjutant General and
  43. 43. 43 1 utilized for emergency management and homeland security, other than for the Virgin 2 Islands National Guard, purposes. 3 (c) All contracts of the Office of the Adjutant General executed for 4 emergency management and homeland security, other than for the Virgin Islands 5 National Guard, shall remain in full force and effect, and VITEMA shall become a party 6 thereto. 7 (d) All sums heretofore appropriated to the Office of the Adjutant General for 8 emergency management and homeland security, other than the Virgin Islands National 9 Guard, but which have yet to be expended, shall be transferred to VITEMA for its 10 operations. 11 (e) All real property to be titled in the name of the Office of the Adjutant 12 General for emergency management and homeland security, other than for the Virgin 13 Islands National Guard, in accordance with the rules, regulations and procedures of the 14 Department of Property and Procurement, shall first be inventoried prior to title to said 15 property being placed in the name of VITEMA. 16 (f) Employees of the Office of the Adjutant General for its emergency 17 management and homeland security aspects, other than for the Virgin Islands National 18 Guard, shall become employees of VITEMA, without impairment of status, seniority, 19 benefits, or reduction in compensation, notwithstanding any changes in job titles or duties 20 and without loss of accrued rights. 21 (g) The Governor is further authorized to do any and all things necessary to 22 fully and effectively implement these provisions. 23 24 25 BR09-0267/February 5, 2009/