reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8726 - Electronic Program implementation and use

The program designed must allow users to enter their personal data deemed to be necessary for the system to be able to access their account. As soon as the system searches in the agency’s registers, the system shall give the user a preview of the certification as it would be printed out. Provided, further, That charging fees for transacting the issue thereof is hereby prohibited.
After the search is completed, users shall see on their screens the final and official copy of their certification with the authorized electronic signatures. This final copy may be printed, saved or sent by fax or email. Said certification shall be as effective as certifications directly issued by the offices at the government agencies.
Any citizens who so prefer may continue transacting their certifications by going personally to the pertinent government office. Notwithstanding the above, these people must pay for the cost of transacting, processing and printing, if any.
The provisions of this section shall be implemented pursuant to the comprehensive regulations promulgated to that effect by the Department of the Treasury, in coordination with the Office of Management and Budget and by any other applicable Commonwealth or federal law.
History —Aug. 20, 2009, No. 85, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8727 - Vouchers and stamps

The Department of the Treasury, in coordination with the Office of Management and Budget, shall design, develop, and implement an electronic program, whether it is new or a modification of an existing program, through which the general public may, upon electronic payment of the established amount, print any kind of voucher or stamp to make any document official.
This program shall enable the sale of Internal Revenue Stamps, Municipal Revenue Collection Center stamps, Legal Aid Society stamps, and any other voucher or stamp issued by the Department of the Treasury, or any other agency, as well as any other delegated by any other public or private entity to the Department for the sale thereof.
Such program shall enable the purchase of stamps in the exact denomination that the requestor needs.
The program shall have an electronic payment system that shall allow for payment by all major credit cards that are valid or recognized in Puerto Rico, as well as by any debit card or checking account accepted and recognized in Puerto Rico.
The provisions in this section shall be implemented pursuant to the comprehensive regulations promulgated to that effect by the Department of the Treasury and to any other effective and applicable Commonwealth or federal law.
History —Aug. 20, 2009, No. 85, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8728 - Duties of the agencies

The Office of Management and Budget shall have the duty of disclosing, through the official website of the Government of Puerto Rico, that the electronic certification system, as well as the electronic sale of stamps and vouchers, is available. The website of all agencies covered under this chapter, including, but not limited to, the Department of the Treasury, the Vital Statistics Registry, the Puerto Rico Police, the Municipal Revenue Collection Center, and the Child Support Administration, shall have a space in their home pages so that the user may click and be directed straight to the stamp and voucher selling program.
History —Aug. 20, 2009, No. 85, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8729 - Duty to inform the public

The Office of Management and Budget shall be bound to develop information campaigns to be launched over the various media, so as to inform citizens about the new Government electronic services available, their advantages, and the manner in which they are to be used.
History —Aug. 20, 2009, No. 85, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8730 - Presumed to be official

Any certification or voucher issued pursuant to this chapter shall be presumed to be official and accepted by all public and private entities.
Electronic signatures appearing on the certifications requested shall be governed by §§ 8701 et seq. of this title, known as the “Electronic Signature Act”.
History —Aug. 20, 2009, No. 85, § 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8731 - Identity and information disclosure protection

Agencies shall protect, at all times, the security and the identity of the users of the systems described above, abiding by the guidelines set forth by the applicable provisions on privacy protection, information security, and policies on the availability of information, including the email address for nongovernment organizations.
History —Aug. 20, 2009, No. 85, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 99 - Electronic Certificate and Voucher Act (§§ 8721 — 8732) › § 8732 - Regulations

The Department of the Treasury and the Office of Management and Budget shall promulgate, within one hundred and eighty (180) days after the date of approval of this act, any regulations necessary to effectively attain the purposes of this chapter.
History —Aug. 20, 2009, No. 85, § 13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8751 - Applicability

This chapter shall be applicable to all agencies of the Government of the Commonwealth of Puerto Rico, whose budgets are defrayed, in whole or in part, chargeable to the General Fund. For the purposes of this chapter, the term “agencies” shall mean all bodies or instrumentalities and entities of the Executive Branch of the Commonwealth of Puerto Rico, to wit: departments, boards, commissions, administrations, offices, subdivisions and public corporations that are under the control of said Branch. This chapter shall also be applicable to the Legislature regarding the strict freezing of its operating expenses up to 2008, the non-approval of legislative initiatives that have an adverse fiscal impact on an agency, the use of public funds [for] cellular phones expenses, the limitation on the contracting of professional lobbying services, the restriction of public broadcasting expenses, and the implementation of other savings measure of their own initiative.
Likewise, this chapter shall also apply to the Puerto Rico Government Ethics Office and to the Office of the Comptroller of Puerto Rico regarding public policy, fiscal reform, prohibition of the use of debt, limit to the use of excess collections, approval of the General Budget of Expenses, disbursement of public funds after the approval of the General Budget of Expenses, prohibition to exceed the budget appropriated, use of the Budgetary Fund, and of the Emergency Fund, public funds for the payment of cellular phones, use of public funds for the payment of motor vehicles, use of public funds for the payment of professional lobbying services, public broadcasting expenses of the government, electronic transactions, legality and exactness of expenses, legislative prerogatives, and penalties.
History —May 25, 2006, No. 103, § 2, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8752 - Public policy

It shall be the public policy of the Government of the Commonwealth of Puerto Rico to establish a fiscal system that incorporates effective mechanisms for the control, reduction and performance of public expenditures, using the following general principles as parameters:
(1) Reduction of the gigantism in government spending while assuring the quality and access to the services.
(2) Promote the elimination or consolidation of agencies to avoid duplication and bureaucracy within the Government.
(3) Reduction in payroll in such a way that there are no dismissals of career public employees nor an increase in the retirement systems actuarial deficit.
(4) Elimination of the use of public funds for unnecessary, extravagant and excessive expenses in the three Branches of the Government.
(5) Limitation in public relations and broadcasting expenses to those expressly authorized by law.
(6) Any other measure that contributes to the reduction of Government expenses that does not entail reduction of the salaries of public employees or the dismissal of career public employees or reduction of indispensable services for the People in the three Branches of the Government of Puerto Rico. Provided, however, That the abovestated is subject to the provisions of §§ 1461 et seq. of this title, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”, and without impairment to the administrative powers pursuant to said statute.
(7) Establishment of measures directed to the control and efficient use of donations and incentives proceeding from the General Fund. Moreover, the revision and implementation of mechanisms that promote efficiency in the acquisition and payment processes of goods and services.
History —May 25, 2006, No. 103, § 3, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8753 - Fiscal reform

The set of laws in effect or to be approved in the future directed to complying with the guidelines and public policy set forth in this legislation, in addition to this chapter shall be denominated as the Fiscal Reform.
History —May 25, 2006, No. 103, § 4, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8754 - Prohibition on the use of debts

The use of debts, loans or any other financing mechanism to cover operating expenses and to balance the General Budget of Expenses of the Government of Puerto Rico is hereby prohibited. Savings resulting from refinancing shall not be used to cover operating expenses and/or to balance the budget of expenses, unless otherwise provided by a Joint Resolution. This prohibition shall not include those refinancing measures that have the effect of reducing the debt cost, without increasing the original amount nor the debt approved by the Legislative Assembly prior to the effectiveness of this act. This section shall not apply to instruments issued pursuant to §§ 63—63h of Title 13, known as the “Act to Issue Notes in Advance of Income Taxes of the Commonwealth of Puerto Rico”. The provisions of this section are hereby suspended as of the date of approval of this act through June 30, 2015. The Legislative Assembly may extend this suspension for an additional period through legislation to such effect if it determines that said extension is necessary to continue the efforts directed to achieving a balanced budget.
History —May 25, 2006, No. 103, § 5; Jan. 14, 2009, No. 2, § 1; June 16, 2011, No. 95, § 1; July 2, 2012, No. 130, § 2; June 30, 2013, No. 44, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8755 - Limitations to the use of excess in collections

The collections in excess of the estimates of revenues, if any, that are received in a determined fiscal year shall be transferred to the Urgent Interest Fund to be used as provided in the Act that created said Fund.
History —May 25, 2006, No. 103, § 6, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8756 - Approval of the General Budget of Expenses

The General Budget of Expenses of the Government of the Commonwealth of Puerto Rico shall be approved through the following Resolutions: (1) Joint Resolution of the General Budget of Operating Expenses; (2) Joint Resolution of Special Appropriations for Operating Expenses; (3) Joint Resolution of Appropriations for the Construction of Capital Works chargeable to the Public Improvements Fund; and any other legislation to be agreed upon by the Legislative and Executive Branches.
History —May 25, 2006, No. 103, § 7, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8757 - Repealed. Act July 22, 2013, No. 67, § 1, effective July 22, 2013

History —May 25, 2006, No. 103, § 8, eff. July 1, 2006; Repealed. Act.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8758 - Prohibition to exceed the budget appropriation

No agency of the Government of the Commonwealth of Puerto Rico nor the Judicial or Legislative Branches is authorized to spend in excess of that which is appropriated in the General Budget of Expenses, as provided in this chapter, unless it is otherwise provided through the approval of an act or joint resolution to such effect. Any violation of this section shall be sanctioned pursuant to the provisions of § 8773 of this title.
History —May 25, 2006, No. 103, § 9, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8759 - Preparation of certifications

Any agency who receives appropriations of resources from the General Fund shall submit a certification signed by both the head of the agency and by the director of finances, which shall be duly sworn by both. This certification shall contain, among other things, the following:
(a) The number of positions occupied, by category, at the beginning and at the end of the fiscal year, including the total amount of the payroll.
(b) A list of the professional and consulting services received during the fiscal year, including the amount thereof.
(c) An analysis of the economies made or the increase in expenses incurred during the fiscal year.
(d) Recommendations to make additional economies, including an analysis of duplication of functions within the body.
(e) Objective measures to determine the efficiency and effectiveness in complying with its objectives and responsibilities, as provided in its Organic Act.
(f) Monthly revenues received and projected, compared with the revenues budgeted for the fiscal year.
(g) Monthly expenses incurred and projected compared with the budgeted expenses for the fiscal year.
(h) Details of any financial instrument of the entity, such as but without it being a limitation, certificates of deposit and investment accounts, among others.
This certification shall contain a final paragraph that shall provide that the same shows the reality of all its revenues, all its expenses, all accounting transactions and all debts and obligations of the agency. The certification shall be filed at the Office of the Clerk of the House of Representatives and at the Office of the Secretary of the Senate of Puerto Rico, at the Office of the Comptroller and the Office of the Management and Budget on or before December 31 of the fiscal year that has just concluded.
History —May 25, 2006, No. 103, § 10, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8760 - Use of the Budgetary Fund and of the Emergency Fund

The Budgetary Fund created by virtue of §§ 283 et seq. of this title, better known as the “Government of Puerto Rico Accounting Act”, may only be used to cover appropriations for duly approved expenses, as provided in this chapter, on any fiscal year in which the available revenues are not sufficient. As provided in this chapter, the appropriations of funds from the Budgetary Fund to cover expenses of any agency of the Government of the Commonwealth of Puerto Rico in excess of what has been appropriated in the General Budget of Expenses is hereby prohibited, unless a law or joint resolution providing otherwise is approved.
The Emergency Fund, created by virtue of §§ 457 et seq. of this title, may not be used to cover recurring operating expenses, except as provided for by joint resolution.
History —May 25, 2006, No. 103, § 11, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8761 - Strategic plan

Every budgetary petition presented by the Governor pursuant to Section 4 of Article IV of the Constitution of Puerto Rico for each fiscal year shall include a seven (7)-year Strategic Plan, as it is defined in subsection (b) of Section 8 of Joint Resolution No. 321 of November 21, 2005. It shall begin with the budgetary petition for Fiscal Year 2006-2007. This Strategic Plan shall include, without it being a limitation, a plan for the restructuring and consolidation of government programs or the merger of two or more agencies of the Government of the Commonwealth of Puerto Rico, provided that it results in a reduction of functions and administrative expenses. As part of each Strategic Plan, retirement plans with incentives or early retirement plans may be proposed; Provided, however, That these early retirement plans may only be conducted in those agencies in which the implementation thereof is cost-effective and that it reduces the number of employees and if it is guaranteed and proven that the same shall not be adverse to the Public Employee Retirement System.
Under no circumstance whatsoever shall this provision or any other provisions of this chapter be construed as a measure directed towards the reduction of the salaries of public employees or to the dismissal of career employees, or to be used as a mechanism to impair vested rights or those agreed on through collective bargaining agreements; nor shall it constitute an excuse or impediment to negotiate financial terms or of another type in good faith, pursuant to §§ 1451 et seq. of this title, better known as the “Puerto Rico Public Service Labor Relation Act”.
If for a specific fiscal year the Governor deems that it is not possible to restructure or consolidate agencies of the Government of the Commonwealth of Puerto Rico, the Strategic Plan submitted shall contain, but without being it limited to, a discussion of the considered restructuring or consolidation opportunities and the reasons for which the same were not favorably recommended.
In order to implement an early retirement plan, the same must be established through the approval of an act.
History —May 25, 2006, No. 103, § 12, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8764 - Savings due to reduction in expenses

Any economy that is generated because the expenses in a determined fiscal year are less than the sum appropriated for that same year in the budget approved pursuant to the provisions of this chapter may be used by the agency in subsequent fiscal years; Provided, That the use of these savings shall be limited to fifty percent (50%) to defray capital improvement projects or non-recurrent expenses. The remaining half shall be covered into the General Fund and the use thereof shall be determined through the approval of an act or joint resolution.
History —May 25, 2006, No. 103, § 15, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8765 - Public funds—Payment of cellular phones

It shall be the public policy of the Government of the Commonwealth of Puerto Rico to eliminate the use of public funds for the payment of cellular phones, including electronic equipment with integrated cellular phone, as provided through the approval of an act or executive order to such effect.
History —May 25, 2006, No. 103, § 16, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8766 - Public funds—Payment of motor vehicles

It shall be the public policy of the Government of the Commonwealth of Puerto Rico not to use public funds to defray the use of motor vehicles for the personal and unlimited use of officers, except in those cases of heads of agencies or when otherwise provided through the approval of an act or executive order to such effect, provided that the officer participates directly in attending medical, social, environmental, health or public safety emergencies. In the case it is desirable to extend this authorization, there shall exist an executive order from the Governor to such effect. These executive orders shall be remitted to the Office of the Secretary and of the Clerk of both Legislative Bodies within the five (5) days following the signing thereof.
History —May 25, 2006, No. 103, § 17, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8767 - Public funds—Payment of professional lobbying services

The use of public funds to defray the cost of professional lobbying services shall be limited to those services whose finality is only and exclusively the attainment of federal funds or that legislation that promotes the economic welfare of Puerto Rico. Any contract for these services shall have to produce a greater amount of federal funds or benefits than the amount of public funds disbursed to cover the amount of the contract. If otherwise, the amount shall be automatically cancelled, when its effectiveness is for more than a year. Likewise, upon its expiration, the renewal thereof shall be prohibited if during its term it has not produced a sum of federal funds or benefits greater than the cost incurred for the services.
History —May 25, 2006, No. 103, § 18, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8768 - Government public broadcasting expenses

It is hereby prohibited that the Executive Branch and its agencies incur expenses for the purchase of time and space in the public broadcasting media with the purpose of disclosing their programs, projects, achievements, performance, projections, or plans. Those notices and announcements expressly required and/or authorized by law are an exception. It is prohibited for the Legislative and Judicial Branches to incur expenses for the purchase of time and space in the public broadcasting media with the purpose of disclosing their programs, projects, achievements, performance, projections, or plans. Excepted from the above are the costs related to the establishment and maintenance of webpages usually established by the agencies, courts, and legislatures with information on the composition and operation of their structures and information on services, cases, or legislation, as it may apply, as well as any other means of providing information about legislative processes and activities and public interest information. Exception is also made of the purchase of time and space for the disclosure of legislative calendars that do not identify the name of a particular elected official, as well as the publication by obituaries or the payment of additional segments during the appearance of the Governor before the Legislative Bodies.
Likewise, exception is made of those announcements that are used to disclose urgent, emergency, health-related, or public interest information. For purposes of this section, public interest information shall be that which:
(a) Inures to the benefit of the health, safety, morals, and the general well-being of all citizens;
(b) is destined to a public or semi-public activity;
(c) promotes the interests and objectives of the government entity in a manner consistent with its duties and functions or the established public policy;
(d) promotes programs, services, opportunities, and rights, or furthers social, civic, cultural, economic, or sports-related causes, or
(e) promotes the establishment, modification, or change of a government policy.
If the government branches or the instrumentalities thereof decide to buy television advertisement spots in accordance with the provisions of this chapter, they shall use, at least, five percent (5%) of the funds earmarked for such purposes to contract the services of television stations operated by the Puerto Rico Public Broadcasting Corporation. The television advertisement spots bought by the Puerto Rico Tourism Company, the Industrial Development Company, and the Department of the Treasury are hereby exempt from the provisions of this paragraph.
Under no circumstance shall public funds be used with the sole purpose of furthering individual or political-partisan interests.
History —May 25, 2006, No. 103, § 19; Oct. 19, 2010, No. 153, § 1; Jan. 2, 2014, No. 1, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8769 - Electronic transactions

It shall be the public policy of the Government of the Commonwealth of Puerto Rico to create incentives for the development of technology by promoting that every disbursement of public funds be conducted through electronic means; Provided, That the Department of the Treasury shall establish a mechanism of electronic cards for those employees who do not wish to receive their salary in their personal bank account, in compliance with § 757i of this title.
The savings generated by the promptness and efficiency added to the system, in addition to the reduction in costs pertaining to the printing of payroll checks, shall defray the cost of the implementation of this system.
History —May 25, 2006, No. 103, § 20, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8770 - Legality and exactness of expenses, responsibility

The secretary, director, administrator or head of agency and/or the officials or employees on whom the former delegates and/or any authorized representative thereof or of the corresponding agency shall be responsible for the legality, exactness, propriety, necessity and correction of all expenses that are authorized for payment. For such purposes, they shall produce and submit all reports required by applicable laws, regulations, procedures, and norms within the term established for them. They shall likewise be subject to the provisions of §§ 4629 et seq. of Title 33, known as the “Penal Code of Puerto Rico”, in all matters pertaining to the discharge of their public, administrative and fiscal duties, as well as to the provisions of § 8773 of this title, when the same is applicable.
History —May 25, 2006, No. 103, § 21, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8772 - Legislative prerogative

This legislation, as well as all procedures required thereunder by no means shall limit or restrict the obligations, responsibilities, capacities and prerogatives conferred to the Legislature by the Constitution of the Commonwealth of Puerto Rico, the Budget Act or any other applicable law or regulation in the evaluation of the budget.
History —May 25, 2006, No. 103, § 23, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8773 - Penalties

(a) Any person who intentionally violates any of the provisions of this chapter and/or those laws, regulations or norms approved by virtue thereof, shall be accused of a misdemeanor and upon conviction sanctioned with a fine of one thousand [dollars] ($1,000) to five thousand dollars ($5,000), for each violation to the provisions of this chapter.
(b) The fine established in subsection (a) of this section, as well as those that apply, if any, by virtue of § 8770 of this title, shall be paid from the personal assets of the officer or employee, who, due to his/her carelessness, negligence or intention commits the violation. The money thus collected shall be deposited in the General Fund.
(c) The nominating authorities of the agencies shall have the obligation to impose, in addition to the provided in subsection (a) of this section and in § 8770 of this title, any disciplinary action that is in order against any officer or employee, who for carelessness or negligence fails to comply or collaborates in the noncompliance of any of the provisions of this chapter and/or of those laws, regulations or norms approved by virtue thereof.
History —May 25, 2006, No. 103, § 24, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 100 - Fiscal Reform (§§ 8751 — 8774) › § 8774 - Fiscal impact

The fiscal impact for the implementation of this chapter shall be addressed through an appropriation for such purpose in the Budget of Fiscal Year 2006-2007.
History —May 25, 2006, No. 103, § 26, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 101 - Use of Cellular Phones in the Government (§§ 8781 — 8784) › § 8781 - Limitations

It is hereby established that all heads of government agencies, departments, bureaus, offices, dependencies, instrumentalities, commissions, public corporations and its subsidiaries, as well as the mayors of the municipalities, the President and Speaker of the Legislative Bodies, and the Chief Justice of the Supreme Court shall restrict cellular phone service contracts in their respective dependencies, exclusively for the limited use of the personnel that is part of a contingency plan in the case of an emergency, as well as for those officers who, due to the nature of their position or functions so require. In the case of the municipalities, the Municipal Legislatures shall establish through a municipal ordinance, those officers who shall have access to a cellular phone chargeable to the municipal budget taking into consideration the responsibilities and obligations of their office, within a term of sixty (60) days as of the effectiveness of this act.
No agency, government entity, public corporation or municipality may have expenses that exceed ten percent (10%) of that which represented the expenses for the use of cellular phones to December 31, 2004, with the only exception of the municipalities, in which case it shall be fifty percent (50%). The cellular phone units authorized, if any, shall be assigned to the personnel by the head or director of the agency or instrumentality, taking into consideration the duties and responsibilities of the position of said personnel. In the case of public officers or employees authorized to use cellular phones chargeable to the government budget, these persons shall render a monthly report of the personal calls made through the cellular phone and shall remit the payment corresponding to said personal use to the Secretary of the Treasury by means of a uniform mechanism to be established for such purpose by the Office of Management and Budget through regulations.
The provisions of this section shall not apply to those municipal governments whose Municipal Legislatures establish a savings plan for expenditures concerning cellular telephone services that adjusts to the particular needs of the respective municipal governments through the approval of an ordinance.
History —May 25, 2006, No. 105, § 2; Oct. 1, 2007, No. 139, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 101 - Use of Cellular Phones in the Government (§§ 8781 — 8784) › § 8782 - Delivery of cellular phone

Not later than sixty (60) days as of the effectiveness of this act, every employee or officer not authorized to use a cellular phone unit chargeable to the budget of the agency for which he/she works, as established in § 8781 of this title, shall deliver the unit(s) he/she has to the head of the agency, government entity, public corporation, municipality, Legislative Body or Judicial Branch or to a designated representative for its subsequent disposition, pursuant to the property regulations applicable to the corresponding agency, entity or government instrumentality.
History —May 25, 2006, No. 105, § 3, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 101 - Use of Cellular Phones in the Government (§§ 8781 — 8784) › § 8783 - Service contracts; reports

All heads of government agencies, departments, bureaus, offices, dependencies, instrumentalities, commissions, public corporations and its subsidiaries shall notify the cellular phone services providers of the termination thereof upon the conclusion of the cellular phone service contracts in effect, with the exception of the provisions of § 8781 of this title, and shall remit a report to the Legislature on the savings obtained or projected in their dependencies by the action taken, ninety (90) days after the effectiveness of this act all cellular phones service contracts shall have been terminated [sic]. Subsequently, they shall submit a quarterly report to the Legislature as of one hundred and eighty (180) days of the termination of the contracts for a term of three (3) consecutive quarters.
History —May 25, 2006, No. 105, § 4; Oct. 1, 2007, No. 139, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 101 - Use of Cellular Phones in the Government (§§ 8781 — 8784) › § 8784 - Guidelines

The Office of Management and Budget shall establish the necessary guidelines regarding the process for the cancellation of contracts for cellular phone units in each agency in order to adopt a uniform procedure which shall apply to every agency of the Executive Branch and that allows for the implementation of controls in spending in cellular phones pursuant to what is established in this chapter. The [Legislative] Branch, the Judicial Branch, and all municipalities shall approve the procedures needed to enable the implementation of controls regarding the expenses for the use of cellular phones, pursuant to what is established in this chapter.
History —May 25, 2006, No. 105, § 5, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8791 - Definitions

(a) Agencies. — Shall include all bodies, instrumentalities and entities of the Executive Branch of the Government of Puerto Rico, such as departments, boards, commissions, administrations, offices and subdivisions that are under the control of the Executive Branch and that are Individual Administrators pursuant to § 1461d of this title. It shall also include the Office of the Governor.
(b) GDB. — Means the Government Development Bank
(c) CASARH (Spanish acronym). — Means the Appeals Commission of the Public Service Human Resources Administration System, created pursuant to § 1468 of this title.
(d) Commission. — Means the Public Service Labor Relations Commission.
(e) Phase. — Shall mean one of the three (3) particular stages in which certain measures are initiated directed to achieving the objective.
Provided, That unless otherwise established in this chapter, the phases do not necessarily follow a chronological or progressive order, but rather form part of a comprehensive effort to achieve said objective.
(f) JREF. (Spanish acronym). — Means the Fiscal Restructuring and Stabilization Board created pursuant to § 8799(b)(5) of this title, which is created to achieve the objectives of this chapter, and which is entrusted with taking all the necessary actions for compliance with the same.
(g) Objective. — Means the establishment of an emergency plan directed to reducing the operating expenses and payroll payable from the General Fund in $2,000 million for Fiscal Year 2009-2010, after excluding the servicing of the debt, the appropriation by formula of the University of Puerto Rico, the Judicial Branch and the municipalities, and the appropriations of the Legislative Branch, attuned to the government interest of ensuring quality and continuity in the offering of services to the citizenry.
(h) OMB. — Means the Office of the Management and Budget in the Office of the Governor.
(i) ORHELA (Spanish acronym). — Means the Office of Human Resources of the Commonwealth of Puerto Rico.
(j) Emergency Plan for the Reduction of Spending Measures. — Means the expenses reduction measures set forth in this chapter.
(k) Precept. — Means laws, article or section of a law; collective bargaining agreement or provisions contained in collective bargaining agreements, agreements, supplementary agreements, policies, employment manuals, circular letters, contractual letters, certifications, addenda, employment regulations, rules and terms, normative letters, classification plans and/or compensation plans.
History —Mar. 9, 2009, No. 7, § 33.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8792 - Applicability

This chapter shall be applicable to all agencies whose budget is, in whole or in part, chargeable to the General Fund on the effective date of this act. The Judicial and Legislative Branches shall be exempted from the application of this chapter, as well as the government agencies and government instrumentalities excluded by § 1461e of this title, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”; Provided, however, That the Office of the Governor itself shall be subject to the application of this chapter. The Office of the Special Independent Prosecutor Panel shall also be exempted from the application of this chapter.
The Office of Management and Budget shall prepare and publish a list of the affected agencies by using the criteria established in this chapter, within a term of five (5) calendar days as of the effective date of this act.
History —Mar. 9, 2009, No. 7, § 34; July 10, 2009, No. 37, § 45.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8793 - Implementation of the Emergency Spending Cutback Plan

The spending cutback measures established in this chapter provide for execution in three phases, one of which, Phase II, shall take effect in a progressive manner, until the Objective established as public policy in Section 2 of this Act is achieved.
History —Mar. 9, 2009, No. 7, § 35; July 10, 2009, No. 37, § 38.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8795 - Phase II

An involuntary layoff plan is hereby established as Phase II for the elimination of positions, which shall apply to all the agencies and to all employees who are not excluded by § 8797 of this title.
History —Mar. 9, 2009, No. 7, § 37.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8796 - Layoff plan

This layoff plan shall take effect once the OMB issues its certification pursuant to the provisions of subsection (4) of § 8794 of this title, concluding that the objective established as public policy in Section 2 of this Act has not been achieved.
History —Mar. 9, 2009, No. 7, § 37.01.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8797 - Exclusion from the application of Phase II

In order to prevent a negative impact on the services rendered by the Government, and in compliance with the provisions of Section 2 of this Act, the following employees of the agencies which, as per their classifications, perform essential functions for the protection of security, education, health and welfare, as defined by the JREF, shall be exempted from the provisions on layoffs in this chapter:
(a) Police officers and firefighters, Ranger Corps officers, and agents of the Special Investigations Bureau and the Office of the Special Independent Prosecutor;
(b) corrections officers and juvenile officers;
(c) teachers assigned to a classroom, including transitory teachers, during the school year;
(d) directors, librarians, guidance counselors and employees working in lunchrooms attached to the Department of Education;
(e) teachers of the Puerto Rico Music Conservatory and the School of Plastic Arts;
(f) health professionals (physicians, paramedics, nurses, pharmacists and laboratory technicians);
(g) social workers;
(h) 911 emergency call system operators;
(i) pathologists and expert and technical personnel of the Institute of Forensic Science;
(j) employees of the Public Service Labor Relations Commission and the Appeals Commission for the Public Service Human Resources Administration System;
(k) Office of Pre-trial Services personnel;
(l) Property Registry personnel;
(m) Parole Board personnel, and
(n) Vocational Rehabilitation counselors and technical support personnel.
Likewise, Phase II shall not apply to:
(i) employees in agencies who work in federal programs defrayed with federal funds and which program conditions the granting and receipt of federal funds to the retention of said employees. It is hereby provided that federally funded programs that do not condition the retaining of employees in job positions as a requirement to keep receiving such funding, the JREF, at the request of the agency, shall have the authority to evaluate and determine which employees, given their job positions, shall be exempted from layoff provisions due to the needs of the service; or
(ii) employees that are part of the United States Armed Forces-Army, Navy, Marine Corps, Air Force, Coast Guard, and the Reserves of said Armed Forces, as well as of the Army National Guard and the Air National Guard-who render military services and are under military license pursuant to the “Uniformed Services Employment and Reemployment Rights Act” (USERRA), as amended, 38 U.S.C.A. Section 4301 et seq.
Employees in positions of trust shall also be excluded from the layoff provisions set forth in this Phase II.
History —Mar. 9, 2009, No. 7, § 37.02; July 10, 2009, No. 37, § 40.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8798 - Date for the beginning of Phase II

Should the certification issued by OMB pursuant to subsection (4) of § 8794 of this title conclude that the objective set forth in Phase I has not been achieved, this Phase II shall take effect immediately.
History —Mar. 9, 2009, No. 7, § 37.03.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8800 - Benefits

(a) The employees dismissed pursuant to the provisions of § 8795 of this title shall receive the liquidation of the regular vacations leave once they present the documents required for such liquidation. Likewise, those eligible employees shall receive the liquidation of accumulated sick leave and overtime.
(b) The employees dismissed pursuant to the provisions of § 8795 of this title, shall be paid the premium of the health insurance for an uninterrupted term of six (6) months or until he/she is eligible for health insurance in another employment.
(c) The employees dismissed pursuant to the provisions of § 8795 of this title shall be considered eligible for the Public Employees Option Program, as provided in § 8803 of this title.
(d) Layoffs by virtue of the provisions of § 8795 of this title shall not be considered that the employee was terminated for improper conduct for the purpose that an insured employee is not disqualified from receiving the benefits provided by §§ 701 et seq. of Title 29, known as the “Employment Security Act of Puerto Rico” (unemployment), if eligible.
History —Mar. 9, 2009, No. 7, § 37.05.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8801 - Certification

Upon the conclusion of Phase II pursuant to the provisions of § 8799 of this title, the agencies shall have a term not greater than seven (7) calendar days to submit a report to OMB showing the economies achieved by the layoffs.
In a term not greater than ten (10) calendar days as of the deadline for the presentation of the reports by the agencies, the OMB shall certify to the JREF and to the Presiding Officers of the Legislative Houses, the projected economy resulting from the implementation of Phase II, and shall also indicate its conclusions as to whether the objective has been achieved. The OMB and the Department of the Treasury shall submit a joint report every ninety (90) days on the progress of the collections and the reduction of spending resulting from the implementation of Phase II to the Presiding Officers of the Legislative Houses.
History —Mar. 9, 2009, No. 7, § 37.06.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8804 - Negotiation of expired bargaining agreements

The collective bargaining agreements that have expired as of the effective date of this act, or that expire during the effectiveness thereof, shall be extended to March 9, 2011. Such extension shall preclude any request or holding of representation elections.
Provided, That in the aforementioned cases, the non-financial clauses of collective bargaining agreements shall be extended for two (2) additional years as of March 9, 2011. Such extension shall preclude any request or holding of representation elections.
Likewise, if, within sixty (60) days following the approval of this act, the exclusive representative requests to negotiate financial and non-financial clauses, the agencies shall be bound to negotiate the same taking into account the economic and fiscal situation of the agency and the Government, and guaranteeing the services offered to the people.
Regarding these negotiations, the Office of Management and Budget shall evaluate both the current and projected fiscal and budget situation of the agency and the Government. It shall then issue in advance a certification of available resources, if any, for each negotiation. The certification of the Office of Management and Budget shall be an essential requirement to negotiate financial clauses.
The agencies shall be bound to negotiate if an initial collective bargaining agreement had already been under negotiation before March 9, 2009, or at the beginning of a new negotiation process. In such cases, the negotiation of clauses that have an economic impact shall be subject to the same requirements contained in the fourth paragraph of this section.
In all cases, the agencies’ negotiation committees shall conduct negotiations during at least four (4) hours a week.
If any party believes that the provisions of this section have been violated, such party may request an interim order under §§1451 et seq. of this title, before the Public Service Appeals Commission.
History —Mar. 9, 2009, No. 7, § 40; July 10, 2009, No. 39, § 44; May 17, 2011, No. 73, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8805 - Transfers

During Phases I, II, and III, and in order to ensure the continuity and quality of government services, the JREF may authorize the transfer of employees between positions, employment classifications, grades of positions, groups of employees, appropriate units, from unionized labor units to non-unionized labor units and vice versa, within the same agency or among agencies; provided that the transferred employee shall comply with the minimum requirements of academic studies and experience necessary to hold said position. The transferred employee shall be subject to the probationary period required for the position. During the effectiveness of Phases I, II, and III, all provisions of law, regulations, collective bargaining agreements, agreements or precept that are contrary to what is indicated in this chapter shall be stayed; Provided, That there shall be total flexibility to conduct the transfers.
History —Mar. 9, 2009, No. 7, § 41.