Date: 1985-12-03
Speaker: DE LUGO (democrat)
Chamber: H

I thank the gentleman for yielding. Mr. Speaker. I want to thank the gentleman from Arizona . chairman of the hterior and Insular Affairs Committee. for his support in bringing H.R. 2478 to the floor today. Thanks to his leadership. the proposal before you today is the result of careful consideration and compromise. and comes to the floor with bipartisan support. I also want to thank the gentlemen from across the aisle. Mr. YOUNG. Mr. LUJAN. and Mr. LAGOMARsiNo. for their support. This proposal contains several items of importance to each of the Representatives from the U.S. insular areas. and I urge a vote in favor of its passage. Last year. during my reelection campaign. I made a promise to the voters of the U.S. Virgin Islands that I would seek legislation which would empower them to act by initiative. referendum. and recall. Seetion 1 of IR.I 2478 would achieve this. As one who has made representative government his lifes work. I did not suggest the idea lightly. I am convinced that initiative. referendum. and recall are extraordinary processes. to be exercised conservatively. The usual arguments come to mind: legislators are expected to devote time and the expertise available to their offices to become knowledgeable on issues presented. they can balance the impact of a proposition hgainst the general interests of the community. they can compromise. The public. on the other hand. is limited to the position as stated by the initiative proponents. the public can be manipulated by the initiative proponents. recall can be used by political opponents to perpetuate the campaign. and so on. Most important in my consideration of whether or not to seek initiative. referendum. and recall in the past has been the sense that the Virgin Islands did not need this vehicle for political action. This perception changed when. last year. just before the election. the local legislature passed a zoning change which would have allowed a hotel development at one of the most prized possessions of the territory. Magens Bay Beach.. The zoning change passed into law as an amendment to a budget billthere were no public hearings. no debate. The outrage in the community was reflected in the fact that a majority of the Senators then in office did not return. But what could the public have done to effectively overturn this legislation if the outlet presented :by the imminent elections was not available? I believe that initiative. referendum and recall pro:ide a necessary outlet for what might otherwise yield anger. frustration. and. worst of all. apathy. The public must have the opportuntity to act when outraged by the actions. or failure to act. of their elected representatives. This is particularly true in the.U.S. Virgin Islands where the public is politically aware and active. Voter turnout in the Virgin Islands runs between 75 to 80 percent in general elections129 Because the initiative. referendum and recall processes are complex and some other jurisdictions have experienced difficulty in their application. the legislation I originally introduced has been amended in H 10684 cor committee. and. after additional review and discussion with my colleagues on the Interior and Insular Affairs Committee. the bill. as offered today contains additional amendments. The changes proposed today do not deviate from the concept approved by the committee. which was to grant to the Virgin Islands authority enjoyed by over half the States and hundreds of localities. The modifications in the proposal before you are intended to establish guidelines for the initiative. referendum and recall process which would assure reliable presentation of proposals to the public. while avoiding propositions with negligible support. Let me walk you through the bill. First. What can the initiative petition do? The initiative petition may propose legislation that would enact a law. or would amend or repeal existing laws. The initiative cannot affect emergency laws. or laws reducing taxesunless there is an equivalent reduction in expenditures or appropriations or in the revenues otherwise required to meet the obligations of the Virgin Islands. The initiative can only address one subject. Second. What steps must the proponent take? Devise a petition which states the full text of the proposal. Get 1 percent of the voters from each election district or 4 percent of the voters of the Virgin Islands to support the petition. and get the supervisor of elections to certify the petition. Get the petition titled and summarized by a board (composed of the attorney general. supervisor of elections. and the legislative counsel of the Virgin Islands Legislature) at an open hearing provided for such purpose. Get signatures of at least 10 percent of the registered voters in each legislative district. or 41 percent of all registered voters to support the initiative as titled and summarized. The initiative proponent(s) must then file the petition with the legislature. If the legislature adopts the proposal. it shall take effect. according to its terms. If the legislature rejects the proposal or fails to act within the specified period. the initiative shall be the subject of a vote held at the next general electionunless. the legislature approves a special election on the initiative. The initiative will take effect upon the affirmative vote of a majority of those voting. provided that more than half of the registered vote on the proposal. The Governor may not veto an initiative. and the initiative may not be amended or repealed by the legislature until 3 years have passed. unless the legislature acts by a twothirds majority. The form of the ballot question must be such that a "yes" vote is in favor of the proposal. and a "no" vote is in opposition to the proposal. This should ensure that the intention of the vote is absolutely clear. Further details on the process are delegated to the legislature which may provide the manner in which the petition is circulated. certified. filed. and the title and summary is put to the voters.