DeJongh signs into law anti-smoking, ‘racino’ bills
Published: May 11, 2010
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ST. THOMAS — Gov. John deJongh Jr. took action on eight bills Monday — signing five into law and vetoing three.
The legislation approved by the governor included the “racino” bill to allow casino gambling at the territory’s racetracks and the Smoke-Free Act to ban smoking in the V.I.
The Virgin Islands Smoke-Free Act, bans smoking in enclosed areas of public places and places of employment.
While he approved the legislation, deJongh wrote in his transmittal letter to Senate President Louis Hill that some of the law’s definitions — like “enclosed areas” — are too broad and will have to be refined. He also was concerned that the excessive signage requirements would be burdensome to business owners.
DeJongh said he is concerned with the penalties included in the law that make violating the smoking ban a misdemeanor. He said it criminalizes smokers and will need to be revisited by the Senate.
The governor also signed the Virgin Islands Horse Racing Industry Assistance Act of 2009 into law. The measure will allow slot machines at Randall “Doc” James Racetrack on St. Croix and Video Lottery Terminals at Clinton E. Phipps Racetrack on St. Thomas.
Traxco runs the Randall “Doc” James Racetrack on St. Croix and has been leading the charge to permit gaming machines at the track to boost revenues and increase purse sizes. Treasure Bay owns Traxco and Divi Casino, the only operating casino on St. Croix.
In his transmittal letter, deJongh said the bill conflicts with some policy provisions of the Casino Control Act and poses a conflict between the authority of the V.I. Lottery Commission and the Casino Control Commission. Despite those concerns, the governor said he agrees with the spirit of the bill to develop the horse racing industry in the territory.
DeJongh said two problems with the bill must be resolved right away. The bill does not exclude VLTs at the St. Thomas race track from falling under the purview of the Casino Control Commission, leading to a potential conflict with Lottery. Also, the bill seems to grant a casino license to the St. Thomas race track, deJongh said.
“This could not have been the intent of the Legislature as video lottery at the Phipps Racetrack has already been permitted under the law for some time and is subject to regulation by the Virgin Islands Lottery Commission,” he said.
King’s Alley Hotel
The governor vetoed a bill to authorize the V.I. Public Finance Authority to enter into a memorandum of understanding with the University of the Virgin Islands and the V.I. Education Department for hospitality students to work at the government-owned King’s Alley Hotel.
DeJongh said he supports such innovative concepts, but the measure is premature. He said the small size of the hotel would not make for a good training facility for students. Also, the university’s hotel management and hospitality program is only in the planning stages. Instead, he suggested that a private-public partnership be developed to help get students into on-the-job training in the territory’s hotels.
Tax break veto
He vetoed a bill to give homeowners in the territory’s three Enterprise Zones — Christiansted, Frederiksted and Savan — tax breaks to fund renovations and new construction. He said this bill was premature because the Economic Development Authority is currently developing a plan for the zones that has not yet been approved. DeJongh said he also is concerned about further eroding the tax base in the current economic downturn.
Zoning veto
The governor vetoed a zoning change for two contiguous parcels that comprise 38.5 acres west of the Bovoni landfill. The property runs from Bolongo Bay Road down to Bovoni Bay. The change would have been from R-1 (residential, low density) to C (commercial) and W-2 (waterfront industrial). The developers have said they do not have specific plans for the property. DeJongh gave no reason for his veto.
Zoning OKs
DeJongh approved two other zoning requests.
One is for 2.48 acres midway up Flagberry Hill, from R-1 (residential low-density) to R-3. The developers want to bring it in line with surrounding parcels, all zoned R-3, so banks would fund a future project more readily.
The other is for a use variance zoning change for Springline Architects to build an architectural office near Pavilions and Pools in Smith Bay. The property is currently zoned R-3 (residential, high-density).
The governor also approved a bill to honor Brig. Gen. Charles Blair posthumously and name the St. Thomas seaplane terminal after him.
