Stemming from a presentation made before the Senate on Tuesday, June 15, 2021, by Director Jenifer O'Neal of the Office of Management and Budget Senator Alma Francis Heyliger penned a letter to Governor Bryan stating her disagreement and opposition to enabling Legislation sent down from Government House. Director O'Neal outlined a road map for the Territory to adopt and implement a biennial budget covering 2022 and 2023 fiscal years budgets. Senator Francis Heyliger stated, "If the Territory had its own constitution which allowed for the submission of a biennial Executive Budget I would consider being in support of that initiative. The present law prevents further discussion on that point."
The freshman lawmaker went on to voice other concerns that brought her cause for concern. "I have additional concerns," Francis Heyliger referenced. "I am concerned about the wisdom of creating a biennial budget in the current financial climate of the Territory. For several years prior to Hurricanes Irma and Maria, the Territory suffered budget shortfalls."
The lawmaker went on to state, "Federally subsidized hurricane recovery efforts, hurricane relief funds, and COVID-19 relief funds from the Federal Government has generated a temporary and finite influx of cash and correlating tax revenues."
Senator Francis Heyliger shared this additional concern, "there is no reasonable expectation that these revenues will continue after the passing of the COVID-19 pandemic crisis. As the international travel industry reopens, we should expect increased competition in the tourism industry which would further reduce revenue."
In support of her argument against the legislation, Senator Francis Heyliger cited existing legislation. The Revised Organic Act of 1954 subsection 9 states: "The Governor shall submit at the opening of each regular session of the Legislature a message on the state of the Virgin Islands and a budget of estimated receipts and expenditures, which shall be the basis of the appropriation of bills for the ensuing fiscal year, which shall commence on the first day of July or such other date as the Legislature of the Virgin Islands may determine."
In the Virgin Islands Code Title 2, Section 24(a) provides a similar mandate. "The Governor shall formulate the program and financial plan to be recommended to the Legislature after considering the proposed program and financial plans, and other programs and alternatives that he deems appropriate. The plan shall include his recommended goals and policies, recommended budget for the succeeding fiscal year, and recommended revenue measure to support the budget."
Senator Francis Heyliger concluded with a request to the Chief Executive, " I request that your administration, henceforth, present a one-year annual fiscal budget conformity with the Revised Organic Act and the existing Virgin Islands Code. In these uncertain times, it is of utmost importance that we have a clear direction for the upcoming fiscal year."
The senator concluded by extending her availability to offer any assistance and her willingness to discuss the matter further.