§ 28. Executive Appropriation Act

(a) The annual appropriation act to provide appropriations for salaries and expenditures of the Government of the United States Virgin Islands for each fiscal year beginning October 1 and ending September 30, shall be known as the “Executive Appropriation Act”. The Act shall include, as appropriations by the Legislature, amounts for programs and salaries to be funded from Federal grants, contributions, and matching funds and amounts designated exclusively for deposit into the Single Payer Utility Fund established in 33 V.I.C., chapter 111 for the payment of bills owed by the Government of the Virgin Islands to the Virgin Islands Water and Power Authority, or to any successor power company of the Government.

(b) Notwithstanding the provisions of any general or specific law, no part or portion of any item of the Executive Appropriation Act, or in any other appropriation bills for operating expenses of any departments, agency or special fund, shall be expended for any other purpose but that specified, or any transfer between items made, without the expressed consent of the Committee on Finance of the Legislature and until a certificate of approval shall have been issued by the Governor and a copy of such certificate filed with the Co-Chairmen, Committee on Finance of the Legislature. Transfer of amounts between departments shall be effected only by special appropriations.

(c) A Contingent Fund included in the appropriation for any officer of the Government of the United States Virgin Islands shall be available for obligations and expenditure for any objects of expenditure which are not specifically provided for in any such act, including contractual and other services, travel, transportation and per diem expenses of persons selected and designated by said officer to accompany him on official missions. Such an appropriation may also be obligated and expended for expenses in connection with the official visits of members of Congress and other high-ranking officials visiting the territory, and may be expended for entertainment expenses not routinely covered within the appropriation of said offices. The officers, in their discretion, shall determine the nature and propriety of all such expenditures; Provided, however, That no monies available in any contingency fund may be used by any officer or the Governor to compensate, by contract or otherwise, any government official or employee in excess of the salary fixed by law. As used in this subsection, the term “salary” shall mean the rate of pay established by the Virgin Islands Code for any official or employee plus lawful increments, or the rate of pay established by the Position Supplement to the Budget Act, whichever is applicable.

(d) Appropriations made in an Executive Appropriation Act and appropriations supplemental thereto for the following specific objects and purposes within the Department of Economic Development and Agriculture: (1) advertising; (2) promotion including entertainment; (3) publicity not including literature; (4) public relations; (5) operation of offices outside the Virgin Islands may be obligated and expended in the manner common among businessmen and in accordance with generally accepted business procedures, under such rules, regulations, restrictions and general principles as shall be approved by the Governor. The provisions of chapter 23 of Title 31 of the Virgin Islands Code, to the extent inconsistent with the provisions of this subsection shall be deemed inapplicable to obligations and expenditures hereunder; Provided, That there shall be adequate control of and accounting for all such obligations and expenditures; that a statement furnishing such information as the Commissioner of Property and Procurement may require shall be filed in advance of such obligations and expenditures with the Commissioner of Property and Procurement; and Provided, further, That all major expenditures shall be covered by written contracts therefor acceptable under standard business practices for such objects and purposes in order to protect the integrity of the public funds thus obligated and expended.

(e) The Governor or an official or employee delegated by him, is authorized to charge up to $50,000 for each separate claim to the appropriations provided in an Executive Appropriation Act, the amounts for payments of debts incurred by the departments and agencies in previous years and to reduce in those amounts the appropriations at the disposition of such departments or agencies for the fiscal year covered by such Executive Appropriation Act, and any other claims shall be referred to the Legislature for its consideration.

(f) The Department of Finance shall prepare in detail (by object classification and by individual divisions) a monthly financial statement showing obligations and disbursements including the obligations and disbursements for payment of electric bills owed to the Virgin Islands Water and Power Authority or to any successor power company of the Government and shall submit the same within thirty days after the close of each month to the members of the Legislature and the Director of the Office of Management and Budget.

(g) The Division of Personnel shall submit a summary of personnel actions, including accessions and terminations, to the members of the Legislature and the Director of the Office of Management and Budget within thirty days after the close of each month.