
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1572]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                       CHAPTER 12--VIRGIN ISLANDS
 
                   SUBCHAPTER III--LEGISLATIVE BRANCH
 
Sec. 1572. Legislators


(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 July 22, 
1954 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.

(July 22, 1954, ch. 558, Sec. 6, 68 Stat. 499; Pub. L. 86-289, 
Sec. 2(a), (b), Sept. 16, 1959, 73 Stat. 568; Pub. L. 89-98, July 30, 
1965, 79 Stat. 423; Pub. L. 90-496, Sec. 8(b), Aug. 23, 1968, 82 Stat. 
839; Pub. L. 92-389, Aug. 17, 1972, 86 Stat. 563; Pub. L. 93-130, 
Sec. 1, Oct. 19, 1973, 87 Stat. 460.)

                       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, as amended, 
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.


                               Amendments

    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, Sec. 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, Sec. 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.


                    Effective Date of 1973 Amendment

    Section 2 of Pub. L. 93-130 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].''


                    Effective Date of 1968 Amendment

    Amendment of provisions of section necessary to authorize the 
holding of an election for Governor and Lieutenant Governor on Nov. 3, 
1970, effective Jan. 1, 1970, and all other amendments of provisions of 
section, unless otherwise expressly provided by Pub. L. 90-496, 
effective Jan. 4, 1971, see section 16 of Pub. L. 90-496, set out as a 
note under section 1591 of this title.
