Title 23 — Internal Security and Public Order
16 chapters · 458 sections in this title.
23 V.I.C. § 1001 Short title
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This chapter shall be cited as “The Virgin Islands Territorial Emergency Management Act of 2009”.
23 V.I.C. § 1002 Purposes
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(a) The purposes of this chapter are to:(1) Reduce vulnerability of the people and communities of this Territory to damage, injury, and loss of life and property resulting from natural or man-made catastrophes;(2) Clarify and strengthen the roles of the governor and territorial a…
23 V.I.C. § 1003 Limitations
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(1) Nothing in this chapter shall be construed to:(1) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization (including but not limited to radio and television stations, wire services, and newspapers) may be required to …
23 V.I.C. § 1004 Definitions
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(a) Except as provided in subsection (b), as used throughout this chapter:(1) “emergency” means the imminent threat or occurrence of any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, droug…
23 V.I.C. § 1005 The Governor and emergencies or major disaster
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(a) The Governor is responsible for meeting the dangers to the Territory and people presented by emergencies or major disaster. (b) The Governor may cooperate with the President of the United States, the heads of the Armed Forces of the United States, the National Guard Bureau, F…
23 V.I.C. § 1006 Creation of the Virgin Islands Territorial Emergency Management Agency; duties; Director
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(a) VITEMA shall have one Director, one Assistant Director, and such Deputy Directors or Associate Directors as determined necessary, with the approval of the Governor, in order for VITEMA to effectively and efficiently meet its mandates. (b) The Director shall be the executive h…
23 V.I.C. § 1007 Virgin Islands Territorial Emergency Management and Homeland Security Council
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(a) There is established the Virgin Islands Territorial Emergency Management and Homeland Security Council (“VITEMHS Council”) to be composed of the following persons:(1) Director of VITEMA, who shall serve as Chairman; and(2) Any commissioners of the departments within the execu…
23 V.I.C. § 1008 Financing
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(a) It is the intent of the Legislature and declared to be the policy of the Territory that funds to meet emergencies or major disasters shall always be available. (b) A Disaster Contingency Fund (“DCF”) is established in the Treasury of the Virgin Islands which shall receive mon…
23 V.I.C. § 1009 Mutual aid agreements
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The Governor may, on behalf of the Virgin Islands, enter into reciprocal aid agreements or compacts with neighboring countries, subject to applicable federal law. Such mutual aid agreements shall be limited to the furnishing or exchange of food, clothing, medicine, and other emer…
23 V.I.C. § 1010 Hazard mitigation
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(a) In addition to measures regarding disasters preparedness as included in the Plan, the Governor and the Director shall consider on a continuing basis steps that could be taken to mitigate hazards that cause an emergency or major disaster. At the Governor's direction, and pursu…
23 V.I.C. § 1011 Compensation
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(a) Each person within this Territory shall conduct himself and keep and manage his affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the Territory and the public successfully to meet emergencies or major disasters. Thi…
23 V.I.C. § 1012 Communications
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VITEMA shall be responsible for coordinating rapid and efficient communications during emergencies or major disasters. VITEMA shall operate the EOCs wherein federal and territorial departments and agencies, and private sector entities are integrated into a comprehensive territori…
23 V.I.C. § 1013 Temporary housing for victims of an emergency or major disaster and site acquisition and preparation
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(a) Whenever there exists an emergency or major disaster under the laws of this Territory, or the President has declared an emergency or a major disaster, as defined by the Stafford Act to exist in this Territory, the Governor is authorized:(1) To enter into purchase, lease, or o…
23 V.I.C. § 1014 Disaster loans to the Government of the Virgin Islands
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(a) Whenever the President has declared a “major disaster” as defined by the Stafford Act to exist in the Territory, the Governor is authorized:(a) Upon his determination that the Government of the Virgin Islands will suffer a substantial loss of tax and other revenues from a maj…
23 V.I.C. § 1015 Debris and wreckage removal in emergencies and major disasters
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(a) Whenever there exists an emergency or major disaster under the laws of this Territory, or the President has declared an emergency or major disaster, as defined by the Stafford Act, to exist in this Territory, the Governor is authorized:(1) Notwithstanding any other provision …
23 V.I.C. § 1016 Territorial financial participation in grants to victims of emergencies and major disasters
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(a) Whenever the President has declared an emergency or major disaster, as defined by the Stafford Act to exist in this Territory, the Governor is authorized:(1) Upon his determination that financial assistance is essential to meet necessary expenses or serious needs to individua…
23 V.I.C. § 1017 Pricing of good and services during a declaration of a state of emergency
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(a) Upon a declaration of a state of emergency by the Governor, it is unlawful for a person, an agent, employee, or a business owner to rent or sell, or offer to rent or sell, any essential goods or services, including those goods and services listed in section 1005(g)(10), and s…
23 V.I.C. § 1021 Office of Disability Integration; established
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(a) The Office of Disability Integration is established within the Virgin Islands Territorial Emergency Management Agency (VITEMA). The Office of Disability Integration is under the supervision of the Deputy Director of Planning and Preparedness, (Deputy Director). This office, a…
23 V.I.C. § 1022 Performance measures
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(1) The Deputy Director, in consultation with the Director of VITEMA, the (ADA) Coordinator, the Territorial Emergency Management Homeland Security Council, the Department of Human Services, the Department of Health, the Virgin Islands Disability Rights Center, and nongovernmenta…
23 V.I.C. § 1023 Duties
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(a) The Office of Disability Integration shall:(1) provide technical assistance to the Director of VITEMA and other VITEMA officials, and all VITEMA programs and services to deliver the agency’s mission to execute a comprehensive plan and program for emergency management for the …
23 V.I.C. § 1024 Office of Disabilities Integration Fund
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(a) There is established a separate and distinct fund within the Treasury of the Virgin Islands designated and known as “The Office of Disabilities Integration Fund”. (b) No funds are available for expenditure from this Fund except as provided by this chapter or other law. (c) Th…
23 V.I.C. § 1031 Homeland Security within VITEMA
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(a) VITEMA shall have jurisdiction over all matters of Homeland security. (b) The Director, in consultation with the VITEMHS Council and all other government agencies, shall establish standards for the operations and activities of the Government related to homeland security effor…
23 V.I.C. § 1032 Responsibilities and duties of the Director
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(a) The Director shall appoint, with the approval of the Governor, a Homeland Security Advisor. The Homeland Security Advisor may also serve as the SAA at the discretion of the Director. (b) The Director shall be a member of the Homeland Security Council and a member of the Joint…
23 V.I.C. § 1033 Additional powers of the Director which may be exercised during a declaration of emergency
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(a) When the Governor declares a state of emergency related to homeland security, the Director shall have and may exercise the following additional powers, under the direction and control of the Governor:(a) Sell, lend, lease, give, transfer, or deliver materials and perform serv…
23 V.I.C. § 1051 Short title
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This subchapter may be cited as the “Emergency Management Assistance Compact Act.”
23 V.I.C. § 1052 Purposes and authorities
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This compact is made and entered into by and between the participating member states, which enact this compact, hereinafter called party states. For the purposes of this agreement, the term “states” is taken to mean the several states, the Commonwealth of Puerto Rico, the Distric…
23 V.I.C. § 1053 General implementation
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Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be …
23 V.I.C. § 1054 Party state responsibilities
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(a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this section. In formulating such plans, and in carrying them out, the party states, insofar as practi…
23 V.I.C. § 1055 Limitations
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Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the …
23 V.I.C. § 1056 Licenses and permits
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Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall…
23 V.I.C. § 1057 Liability
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Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to t…
23 V.I.C. § 1058 Supplementary agreements
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Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein shall preclude a…
23 V.I.C. § 1059 Compensation
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Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to th…
23 V.I.C. § 1060 Reimbursement
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Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and fo…
23 V.I.C. § 1061 Evacuation
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Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/service di…
23 V.I.C. § 1062 Implementation
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(a) This compact shall become operative immediately upon its enactment into law by any two (2) states. Thereafter, this compact shall become effective as to any other state upon its enactment by such state. (b) Any party state may withdraw from this compact by enacting a statute …
23 V.I.C. § 1063 Validity
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This chapter shall be construed to effectuate the purposes stated in section 1052 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances held invalid, the constitutionality of the remainder of this chapte…
23 V.I.C. § 1064 Additional provision
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Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the us…
23 V.I.C. § 1071 “911” Definitions
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(a) As used in this subchapter, unless the context otherwise requires:(a) “911 Service” means the telecommunication system which provides the user of the public telephone system the ability to reach a public safety answering point by dialing the digits, “9-1-1”.(b) “Public agency…
23 V.I.C. § 1072 Methods of handling emergency telephone calls
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911 services shall be designed to meet the individual circumstances of the Islands of St. Croix, St. John, St. Thomas, and Water Island and the public agencies participating in the 911 system. However, standardized processes between the two call centers, one on St. Croix and one …
23 V.I.C. § 1073 Emergency services included in system
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(a) Every 911 system shall be capable of transmitting requests for ambulance, firefighting, law enforcement, medical or emergency services to a public safety agency or other government agencies that provide the requested service at the place where the call originates. A 911 syste…
23 V.I.C. § 1074 Pay telephone; dialing without a coin
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Each telephone common carrier shall convert every pay station telephone within the area served by a 911 system to permit a caller to dial 911, and to reach an operator by dialing “0”, without first inserting a coin or paying any other charge.
23 V.I.C. § 1075 Development of technical standards
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VITEMA shall promulgate rules and regulations as are just and reasonable and in the public interest to implement the provisions of this chapter.
23 V.I.C. § 1076 Preparation of individual system plans by public agencies; implementation
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(a) Each local public agency shall designate a coordinator who shall serve as the point of contact in working with VITEMA.(a) Public agencies and public safety agencies shall prepare tentative 911 system plans which meet the technical and operational standards established by VITE…
23 V.I.C. § 1077 Enforcement of compliance by judicial proceedings
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The Virgin Islands Department of Justice may, at the request of VITEMA, or on its own initiative, commence judicial proceedings in a court of competent jurisdiction against any public agency or the common carrier providing telephone service to enforce the provisions of this chapt…
23 V.I.C. § 1078 Telephone company exempt from liability for providing ANI or ALI information
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(a) A common carrier serving a public agency or group of agencies which has implemented a 911 system with automatic number identification and/or automatic location identification features shall be required to provide such public agency or group of public agencies access to the te…
23 V.I.C. § 1079 Address label on pay telephone
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Each common carrier providing 911 services to a public agency or group of agencies shall prominently display, on every pay station telephone within its 911 service area, the address or location of the telephone.
23 V.I.C. § 1080 Emergency call box system
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(a) VITEMA shall provide for the installment, operation, and maintenance of a system of emergency telephone call boxes along roads and highways in the Territory. (b) The system shall:(1) be designed to enable users to request emergency and nonemergency response services;(2) inclu…
23 V.I.C. § 1081 Definitions
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(1) As used in this subchapter, the term:(1) “Activation” means all activities performed by Auxiliary Communicators from when they leave their residence or other location for auxiliary communications deployment until they have returned to their home or other location at the end o…
23 V.I.C. § 1082 Established, coordination, supervision, and direction of AuxComm
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(a) The AuxComm unit is established in the VITEMA. The Director shall act as the manager of the AuxComm Unit and shall set policy, qualify, credential, coordinate, and direct the AuxComm activities. (b) Jointly with the Director, the Section Manager shall establish programs for t…