reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 101 - Dock and Harbor Act of Puerto Rico of 1968 (§§ 2101 — 2801) › Subchapter VI - Harbor Zones (§§ 2601 — 2607) › § 2603 - Regulatory powers

The Administrator shall approve the rules and regulations to reserve, regulate and plan the maritime development of the exclusive use of lands adjacent to the maritime-terrestrial front included in the harbor zone pursuant to the powers granted to the Authority in § 2202, and as provided by § 2109 of this title.
History —June 28, 1968, No. 151, p. 459, § 6, art. 6.03; Apr. 27, 1994, No. 14, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 101 - Dock and Harbor Act of Puerto Rico of 1968 (§§ 2101 — 2801) › Subchapter VI - Harbor Zones (§§ 2601 — 2607) › § 2604 - Authorization for constructions, extraction of sand and deposit of merchandise

No person may construct any building, structure, inclosure or fence, nor extract sand in the terrestrial maritime zone included in a harbor zone or deposit therein merchandise or materials of any kind, without a written permit issued by the Authority, as provided by the Administrator through rules or regulations approved in accordance with the provisions of § 2603 of this title. The permit of the Authority shall not be necessary for the construction of the works referred to in § 9 of the act known as the “Rivers and Harbors Appropriation Act of 1899”, approved by Congress on March 3 of said year, 30 Stat. 1151, as said section was modified by the “General Bridge Act of 1946”, approved by Congress on August 2, 1946, 60 Stat. 849. The permits for the construction of these works in navigable waters not only within but outside the harbor zone shall be given by the Public Service Commission of Puerto Rico in accordance with the provisions of said federal laws.
History —June 28, 1968, No. 151, p. 459, § 6, art. 6.04, eff. 90 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 101 - Dock and Harbor Act of Puerto Rico of 1968 (§§ 2101 — 2801) › Subchapter VI - Harbor Zones (§§ 2601 — 2607) › § 2605 - Violations offense

Every person who illegally constructs any building, structure, inclosure or fence, or who extracts sand in the terrestrial maritime zone included in a harbor zone, or deposits therein merchandise or materials, or who violates any of the provisions of the rules or regulations approved and promulgated by the Administrator in accordance with the power vested by § 2603 of this title shall incur, for each violation, in a misdemeanor punishable as provided by § 2801 of this title.
History —June 28, 1968, No. 151, p. 459, § 6, art. 6.05, eff. 90 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 101 - Dock and Harbor Act of Puerto Rico of 1968 (§§ 2101 — 2801) › Subchapter VI - Harbor Zones (§§ 2601 — 2607) › § 2606 - Confiscation powers

The Authority may confiscate or seize, or destroy, any building, structure, inclosure or fence constructed without its authorization in the terrestrial maritime zone included in a harbor zone, if the building, structure, inclosure or fence is not removed from said zone within a term not to exceed sixty (60) days from and after the date in which the Authority orders its removal notifying in writing thereof and of the term required for the removal to the person owner or in possession of the construction, or fixing in the latter said notice if such person is unknown or could not be found.
Any person affected by a determination of the Authority, in the manner previously provided, may request, within the term of five (5) days from and after the date of receiving the notice ordering the removal of the structure referred to in the order, an administrative hearing in which he may present such pertinent proof as he may have in his favor. The decision of the Authority may be reviewed by the Part of the Court of First Instance having jurisdiction on the affected property, by means of an appeal for review to be issued in the discretion of said court, within the term of ten (10) days from and after the sending of the notice of the decision of the Authority.
In every case in which any building, structure, inclosure or fence represents imminent danger to the use of the maritime zone for the public purposes for which it is intended, or which obstructs the use of the maritime zone in such way as to endanger navigation or the safety of persons and the marine trade in any of the zones devoted to such purpose, the Authority may order the removal or destruction of any of such buildings in a preliminary manner and without the previous requirement of an administrative hearing.
History —June 28, 1968, No. 151, p. 459, § 6, art. 6.06, eff. 90 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 101 - Dock and Harbor Act of Puerto Rico of 1968 (§§ 2101 — 2801) › Subchapter VI - Harbor Zones (§§ 2601 — 2607) › § 2607 - Damages

Every person who incurs in any of the acts prohibited by § 2605 of this title shall be responsible to the Authority for the expenses and damages occasioned by the violation in excess of those which might be compensated by the action that the Authority may take under § 2606 of this title.
History —June 28, 1968, No. 151, p. 459, § 6, art. 6.07, eff. 90 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 101 - Dock and Harbor Act of Puerto Rico of 1968 (§§ 2101 — 2801) › Subchapter VIII - Penalties for Offenses (§ 2801) › § 2801 - Penalties

The offenses defined in §§ 2302, 2408, 2503, 2516 and 2605 of this title shall be punishable by imprisonment in jail for a maximum term of two (2) years, or by a maximum fine of two thousand dollars ($2,000) or by both penalties. The offenses defined in § 2418 of this title shall be punished as therein provided.
History —June 28, 1968, No. 151, p. 459, § 8, eff. 90 days after June 28, 1968.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2902 - Creation

A public corporation and government instrumentality of the Commonwealth of Puerto Rico is hereby created, which will constitute a politically independent corporate body with the name of the Port of the Americas Authority.
History —Aug. 11, 2002, No. 171, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2904 - Executive Director—Powers, duties and functions

The Authority shall operate under the direction of an executive director, who shall be appointed by the board and hold office at the volition of the board. Without it being understood as a limitation, his or her duties shall be the following:
(a) To be the chief executive officer of the Authority.
(b) To draft and submit to the Board the Authority’s work plan and annual budget.
(c) To supervise, monitor and audit the contracted entity’s compliance with its obligations under its contract with the Authority.
(d) To authorize and supervise any other contract that may be necessary for the Authority’s operation, subject to the standards established by the board.
(e) To attend all meetings of the board, but shall not be entitled to vote.
(f) To establish, organize, direct, and supervise the Authority’s administrative structure.
(g) To establish the functional levels of the Authority’s operations, including the faculty to recruit and contract any of the officers and employees under his or her supervision, subject to the standards established by the board.
(h) To direct the drafting of the Authority’s short and long term plans regarding the contracting and development of personnel, operations, administrative controls, marketing strategies, and all other functions necessary to ensure the Authority’s success in the effective and efficient fulfillment of its objectives.
(i) To promulgate states of emergency through administrative order stating the events that caused the emergency and the measures to be taken to arrange for and provide the necessary resources immediately. Any state of emergency thus promulgated must be notified to the board as soon as possible and not later than twenty-four hours after the occurrence of the events that led to the state of emergency. When the Governor of Puerto Rico decrees an emergency on the same date and for the same reasons, the executive director shall be relieved from issuing the order thereon, but not from notifying the board of the measures taken as provided herein.
(j) To perform all those other functions assigned to him or her by the board.
History —Aug. 11, 2002, No. 171, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2906 - Authority—Officers and employees

(a) The Authority’s personnel is hereby exempted from the provisions of Act Number 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act”. All appointments, severances, promotions, transfers, lay-offs, replacements, suspensions, leaves, and changes in classification, remuneration, or title of the officers and employees of the Authority shall be executed and allowed pursuant to the standards and regulations prescribed by the board, which must conform to the principles of merit established in the Puerto Rico Public Service Personnel Act.
(b) The Authority’s executive director and the officers and employees shall be entitled to reimbursement for all necessary travel expenses, or to the corresponding per diems, which may be authorized or approved in accordance with the regulations adopted by the board for the Authority.
(c) Persons who have a direct or indirect financial interest in any private company engaged in the maritime or port operation business may not hold office as an officer, employee, or agent of the Authority.
History —Aug. 11, 2002, No. 171, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2907 - Authority—Monies and accounts

(a) All monies of the Authority shall be deposited with the Government Development Bank for Puerto Rico or with depositories qualified to receive funds of the Commonwealth of Puerto Rico, but they shall be kept in a separate account or accounts in the Authority’s name. Disbursements shall be made by the Authority in accordance with the rules and budgets approved by the board.
(b) The Authority shall be exempt from the provisions of §§ 283 et seq. of Title 3, known as the “Puerto Rico Government Accounting Act”. The Authority, with the approval of the Secretary of the Treasury, shall establish the accounting systems required for the proper control and statistical records of all expenditures and revenues pertaining to, or administered or controlled by the Authority. The Authority’s accounts shall be handled in such a manner so that these may be properly segregated, to the extent advisable, in connection with the various kinds of operations, projects, and activities of the Authority.
(c) Notwithstanding the foregoing, all transactions and accounts of the Authority shall be subject to supervision by the Office of the Comptroller of Puerto Rico.
History —Aug. 11, 2002, No. 171, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2909 - Transfer of assets by municipalities

Notwithstanding any legal provisions to the contrary, including the Autonomous Municipalities Act of the Commonwealth of Puerto Rico, all the municipalities and political subdivisions of Puerto Rico are hereby authorized to assign and transfer or lease to the Authority, at the Authority’s request, any property or interest thereon (including assets already devoted to public use), as well as any concession or franchise which the Authority deems necessary or convenient to achieve its purposes. The municipalities where the port will be located shall be under the obligation of negotiating in good faith with the Authority the terms under which it will lease or grant a subconcession on any property, facility, concession, franchise, or right belonging to a municipality which is necessary or convenient for the development and operation of the port. None of the provisions of this section shall be construed as limiting the powers of the Authority to acquire such properties or rights.
History —Aug. 11, 2002, No. 171, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2913 - Tax exemption

(a) It is hereby resolved and declared that the purposes for which the Authority is created and for which it shall exercise its powers are to promote the general welfare and to encourage commerce and prosperity, all these being public ends for the benefit of the People of Puerto Rico; and therefore, the Authority shall be exempt from the payment of any taxes, license taxes, fees, licenses, or excise taxes imposed by the Commonwealth of Puerto Rico or its municipalities on any of the properties acquired by it or under its faculty, dominion, or possession, or on its activities in the construction, exploitation, and conservation of any property; or on the revenues derived from any of its activities.
(b) The Authority shall also be exempt from the payment of any kind of fees, charges, and taxes required or which may be required by the laws for the processing of judicial proceedings, the issue of certificates by all offices and dependencies of the Commonwealth of Puerto Rico, and for the execution of public documents and their registration at any public registry of Puerto Rico.
(c) In order to expedite the procurement of funds for the Authority and thus enable it to achieve its corporate purposes, the bonds issued by the Authority under this chapter, their transfer and the income derived therefrom, including any profits obtained from their sale, shall be and shall remain at all times exempt from income taxes, license taxes, or fees imposed by the Commonwealth of Puerto Rico or any of its municipalities.
History —Aug. 11, 2002, No. 171, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2914 - Agreements with the Commonwealth

The Government of the Commonwealth of Puerto Rico hereby agrees and convenes with any person who subscribes or acquires bonds of the Authority not to limit or restrict the rights or powers hereby conferred on the Authority, until such bonds, of whichever date, together with the interest thereon, are totally satisfied and withdrawn. The Government of the Commonwealth of Puerto Rico further agrees and convenes with any federal agency that, in the event that any federal agency builds, extends, improves, or expands, or contributes with any funds for the construction, extension, improvement, or expansion of any property of the Authority, not to alter or limit the rights or powers of the Authority in any manner which may be incompatible with the continuous conservation and exploitation of such property, or the extension, improvement, or expansion thereof, or which may be incompatible with the proper execution of any agreements between the Authority and such federal agency; and the Authority shall continue to have and may exercise all rights and powers conferred hereby for as long as may be necessary or convenient to achieve the purposes of this chapter and the purpose of any federal agency in building, extending, improving, or expanding, or contributing with funds for the construction, extension, improvement, or expansion of such property or part thereof.
History —Aug. 11, 2002, No. 171, § 15.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2916 - Bondholder remedies

(a) Any bondholder or its trustee, subject to any contractual limitations binding on the holders of any bond issue or their trustees, including, but not limited to, the restriction of a specific portion or percentage of such holders to exercise any recourse, shall have, on behalf and in equal protection of all the bondholders in like condition, the right and the power to:
(1) Through mandamus or other complaint, action, or proceeding in law or in equity, enforce its rights against the Authority and its board, its officers, agents, and employees, so that they perform and carry out their duties and obligations under this chapter as well as its agreements and contracts with the bondholders;
(2) through an action or complaint in equity, demand that the board and the Authority be liable as if they were the trustees of an express trust;
(3) through an action or complaint in equity, prohibit any acts or anything that may be illegal or that violates the rights of the bondholders, and
(4) file lawsuits on any controversy that may arise in relation to the bonds.
(b) No recourse granted by this chapter to any bondholder or trustee thereof has as its objective to exclude any other recourse, but that each of such recourses is cumulative and additional to all others and may be exercised without exhausting and without considering any other recourse conferred by this chapter or by any other law. If any bondholder or trustee thereof fails to challenge any fault or violation of duties or of a contract, such action shall not protect or affect any subsequent fault or breach of duties or of a contract, nor shall it impair any right or recourse thereon. No delay or omission on the part of any bondholder or trustee thereof, in exercising any right or power it may have in the case of any violation, shall impair such right or power, nor shall it be deemed as a waiver of such fault or as acceptance thereof. All substantive rights and all recourses conferred to the bondholders may be enforced or exercised from time to time and as frequently as deemed convenient. In the event that any lawsuit, action, or proceeding to enforce any right or exercise any recourse were to be filed or initiated and later interrupted or abandoned or decided against the bondholder or any trustee thereof, then, and in each of such cases the Authority and such bondholder or trustee thereof shall be restored to their previous status, rights, and recourses as if there had been no such lawsuit, action, or proceeding.
History —Aug. 11, 2002, No. 171, § 17.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2917 - Reports

The Authority shall submit to the Legislature and to the Governor, not later than 90 days following receipt of its audited financial statement for the preceding fiscal year: (1) its audited financial statement, and (2) a full report on the Authority’s business during the preceding fiscal year and of the status and progress of all its activities since the creation of the Authority or since the date of the last of these reports.
History —Aug. 11, 2002, No. 171, § 18.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2918 - Initial appropriation of funds

The sum of three million, seven hundred thousand dollars ($3,700,000) is hereby appropriated to the Authority from unencumbered funds in the General Fund, to pay for the operating expenses during the first year.
History —Aug. 11, 2002, No. 171, § 19.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2919 - Distribution of funds

The board of directors of the Authority may distribute to the General Fund from time to time, those net revenues of the Authority which in the judgment of the Board are not needed to cover its operating and maintenance expenses, or the principal and interest on its obligations, or the reserves for paying its obligations, or needed for the payment of the conservation and maintenance costs of the Port and its facilities or any construction fund to carry out future improvements at the Port.
History —Aug. 11, 2002, No. 171, § 20.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2920 - Exemption

The Authority is hereby exempted from §§ 433 and 434 of this title.
History —Aug. 11, 2002, No. 171, § 23.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2921 - Exemption from Public Service Act

The Authority and the contracted entity are hereby exempted from §§ 1001 et seq. of Title 27, known as the “Puerto Rico Public Service Act”.
History —Aug. 11, 2002, No. 171, § 24.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2922 - Provisions in conflict rendered ineffective

In the cases in which the provisions of this chapter are in conflict with the provisions of any other law of the Legislature of Puerto Rico, the provisions of this chapter shall prevail unless the provisions of such other law specifically amend or repeal any or all of the provisions of this chapter. Furthermore, unless strictly provided otherwise, no other law subsequently approved to regulate the administration of the Government of the Commonwealth of Puerto Rico, or any parts, offices, bureaus, departments, commissions, dependencies, municipalities, branches, agents, officers, or employees thereof shall be construed to be applicable to the Authority, but the affairs and businesses of the Authority shall be administered as provided in this chapter.
History —Aug. 11, 2002, No. 171, § 25.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 102 - Port Authority of the Americas (§§ 2901 — 2923) › § 2923 - Standards for construction of this chapter

The powers and faculties conferred to the Authority by this chapter shall be construed liberally in order to achieve the purposes of this chapter.
History —Aug. 11, 2002, No. 171, § 26.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3051 - Short title

This chapter may be cited as the “Puerto Rico Maritime Shipping Authority Act”.
History —June 10, 1974, No. 62, Part 1, p. 239, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3053 - Definitions

The following words and terms, wherever used or referred to in this chapter, shall have the following meanings, except where the context clearly indicates otherwise:
(a) Authority. — Shall mean the Puerto Rico Maritime Shipping Authority created by this chapter, or, should said Authority be abolished or otherwise divested of the duties conferred hereby, the public body or agency succeeding it in its principal functions, or upon which the rights, powers and duties given by this chapter to the Authority are conferred by law.
(b) Bank. — Shall mean the Government Development Bank for Puerto Rico, created by §§ 551 et seq. of Title 7.
(c) Bonds. — Shall mean the bonds, temporary bonds, refinancing bonds, debentures, notes, provisional or temporary bonds, receipts, certificates, or other evidences or indebtedness or obligations which the Authority is empowered to issue pursuant to the provisions of this chapter.
(d) Federal agency. — Shall mean the United States of America, its President or any department thereof, or any corporation, agency, or instrumentality heretofore or hereafter created, designated, or established by the United States of America.
(e) Person. — Shall mean any person, including individuals, firms, partnerships, associations or corporations, public or private, organized or existing under the laws of the Commonwealth of Puerto Rico, or any state or local agencies.
(f) Holder of bonds or bondholder. — Or any similar term shall mean any person who is the holder of any outstanding bond or bonds registered to bearer or not registered or the registered owner of any outstanding bond or bonds which at the time are registered in the name of the designated person and not on behalf of the bearer.
(g) Governing Board. — Shall mean the existing Governing Board of the Puerto Rico Maritime Shipping Authority prior to the reorganization of the Authority pursuant to §§ 3051 et seq. of this title.
(h) Trust agreement. — Shall mean the trust agreement or resolution providing for the issuance of the bonds under the provisions of this chapter.
(i) Words importing the singular number shall be understood to include the plural number and vice versa.
History —June 10, 1974, No. 62, Part 1, p. 239, § 3, renumbered as § 2 and amended on Sept. 27, 1994, No. 112, §§ 1, 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3054 - Creation

A corporate and politic body constituting a non-capital stock public corporation is hereby created and shall be known as the Puerto Rico Maritime Shipping Authority, which shall be deemed a citizen of the Commonwealth of Puerto Rico. The Authority shall be an instrumentality attached to the Government Development Bank for Puerto Rico and its President shall be the President of the Bank, but shall have an existence and juridical personality separate and independent from the Bank and of any of its officials. The debts, obligations, contracts, bonds, notes, debentures, receipts, expenses, accounts, funds, enterprises and properties of the Authority, its officials, agents or employees, shall be deemed assets and liabilities of said public corporation exclusively, and not of the Commonwealth of Puerto Rico Government, the Bank or any office, bureau, department, commission, dependency, municipality, branch, agent, official or employee thereof.
History —June 10, 1974, No. 62, Part 1, p. 239, § 4, renumbered as § 3 and amended on Sept. 27, 1994, No. 112, §§ 2, 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3054a-1 - Officials and employees

(a) The appointments, removals, promotions, transfers, separations, reinstatements, suspensions, leaves, upgrades, compensations or titles of the officials and employees of the Authority shall be granted and authorized, as provided in the rules and regulations to be established by the President of the Bank in compliance with the general plan in force for employees of the Government of the Commonwealth of Puerto Rico under §§ 274 et seq. of Title 18, to the extent the President of the Bank deems said plan to be consistent with the best interests of the Authority and its employees. The President of the Bank, the officials and employees of the Authority, shall be entitled to reimbursement, or otherwise, to the payment of per diems, for such travel expenses that may be necessary, as authorized or approved in compliance with the rules and regulations established by the President of the Bank.
(b) No person with a direct or indirect financial interest in a private enterprise engaged in the business of freight transportation or in any business whose primary activities are complementary thereto, shall hold office as an official, employee or agent of the Authority. Whenever said incompatibility affects an official, employee or agent of the Authority, the vacancy thus created shall be replaced during the period of said incompatibility by another person to be appointed by the President of the Bank.
History —June 10, 1974, No. 62, Part I, p. 239, added as § 5 on Sept. 27, 1994, No. 112, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3056a - Moneys and accounts

All the moneys of the Authority shall be deposited in financial institutions qualified to receive funds from the Commonwealth of Puerto Rico Government. Such moneys shall be kept in one or several separate accounts in the name of the Authority. Disbursements shall be made in compliance with the regulations and budgets approved by the President of the Bank.
The Comptroller of Puerto Rico or his/her representative, shall examine, from time to time, the books and accounts of the Authority, including its receipts, disbursements, contracts, leases, amortization funds, investments and any other matter issue regarding its financial condition and shall inform the President of the Bank thereon.
History —June 10, 1974, No. 62, Part 1, p. 239, added as § 6 on Sept. 27, 1994, No. 112, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3058 - Tax exemption

(a) It is hereby resolved and declared that the purposes for which the Authority is created and shall exercise its powers are for the promotion of safety, health and general welfare of the People of Puerto Rico, which constitute public purposes for the benefit of the People, and that the exercise of the powers vested in the Authority by this chapter constitute an essential government function; therefore, the Authority shall not be required to pay any Commonwealth or municipal tax, assessment, excise or license fees except those licences fees provided under Section 15-102 of Act No. 141 of July 20, 1960, known as the “Vehicle and Traffic Law of Puerto Rico”, levied on property acquired by it or under its jurisdiction, control, possession or supervision, or on any of the operations of the Authority, or on the revenues derived from or by any of its undertakings and activities.
(b) The Authority shall also be exempt from the payment of all kinds of fees, taxes or imposts heretofore or hereafter required by law for the prosecution of judicial proceedings, the issuing of certifications in all offices and dependencies of the Commonwealth or its municipalities, and the execution of public documents and their registration in any registry of the Commonwealth.
(c) In order to facilitate the procurement of funds by the Authority to enable it to carry out its corporate purposes, the bonds issued by the Authority and the income therefrom shall be and remain at all times exempt from taxation.
(d) All the payments made by the Authority to foreign corporations or partnerships not engaged in business in Puerto Rico or to non-residents in Puerto Rico, shall be exempt from the payment of income taxes and from the withholding requirements that would otherwise be applicable.
History —June 10, 1974, No. 62, Part 1, p. 239, § 8; Sept. 27, 1994, No. 112, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3060 - Construction and purchase contracts

All purchases and contracts for supplies or services shall be made through advertisement for bids sufficiently in advance of the date for opening bids so that the Authority may secure appropriate notice and opportunity for competition. When the amount estimated for the acquisition or execution of a work does not exceed ten thousand dollars ($10,000), the same may be carried out without an advertisement for bids. Advertisement for bids shall not be required, however, when:
(1) An emergency requires immediate delivery of the materials, supplies, equipment, or performance of the services;
(2) repair parts, accessories, or supplementary equipment or services for goods or services previously furnished or contracted for are needed;
(3) professional or expert services or work are required and the Authority deems that, for the sake of good administration, such services or work should be contracted without such advertisement, or
(4) prices are noncompetitive because there is only one source of supply or because they are regulated by law; in any such case the purchase of materials, supplies, and equipment, or procurement of such services, may be made in the open market in the usual manner as in commercial practice.
In the comparison of bids and the making of awards, due consideration shall be given to such factors (in addition to whether the bidder has complied with the specifications) as the bidder’s ability to perform contruction work of the kind involved in the contract under consideration; the relative quality and adaptability of materials, supplies, equipment, or services; the bidder’s financial responsibility, skill, experience, reputation and integrity in dealing, and ability to furnish repair and maintenance services; time of delivery or performance offered, and whether or not the place of manufacture of the materials, supplies and equipment is within Puerto Rico. The Authority may prescribe rules and regulations for the submission of bids.
History —June 10, 1974, No. 62, Part 1, p. 239, § 10, renumbered as § 9 and amended on Sept. 27, 1994, No. 112 §§ 7, 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3064 - Trust agreement

At the discretion of the Authority, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the Authority and a corporate trustee, who may be any trust company or bank having the powers of a trust company within or without the Commonwealth. It shall be lawful for any bank or trust company incorporated under the laws of the Commonwealth or any state of the United States which may act as depositary of the proceeds of bonds, revenues or other money hereunder, to furnish such guarantees or to pledge such securities as may be required by the Authority. In addition to the foregoing, any such trust agreement may contain such provisions as the Authority may deem reasonable and pertinent for the security of the bondholders.
History —June 10, 1974, No. 62, Part 1, p. 239, § 14, renumbered as § 11 on Sept. 27, 1994, No. 112, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3067 - Remedies of the bondholders

(a) Subject to any binding contractual limitations upon the holders of any issue of bonds, or the trustees thereof, including but not limited to the restriction of a specific proportion or percentage of such holders, to exercise any remedy any bondholder or trustee thereof, shall have the right and power, for equal benefit and the protection of all bondholders in similar situations:
(1) To enforce his/her rights against the Authority and its officials, agents and employees, through mandamus or other suit, action or proceeding in law or in equity, so that they perform and carry out their duties and obligations under this chapter, as well as their covenants and agreements with the bondholders;
(2) to require the Authority, through action or suit in equity, to respond as trustee of any express trust;
(3) to prohibit any acts or things that may be unlawful or in violation of the rights of the bondholders, through action or suit in equity;
(4) to bring suit upon the bonds.
(b) No remedy conferred by this chapter upon any bondholder, or any trustee thereof, is intended to exclude any other remedy, but each such remedy is cumulative and additional to every other remedy, and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law. No waiver of any default or breach of duty or contract, whether by any bondholder or any trustee thereof, shall extend to or shall affect any subsequent default or subsequent breach of duty or contract, or shall impair any rights or remedies thereon. No delay or omission of any bondholder or any trustee thereof to exercise any right or power due to any default shall impair any such right or power or shall be construed to be waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon bondholders may be enforced or exercised from time to time and as often as it may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy were brought or filed and then discontinued or abandoned, or were determined adversely to the bondholder or any trustee thereof, then and in every such case, the Authority and said holder, or his trustee, shall be restored to their former positions, rights and remedies as if no such suit, action or proceeding had been brought or filed.
History —June 10, 1974, No. 62, Part 1, p. 239, § 17, renumbered as § 12 and amended on Sept. 27, 1994, No. 112 §§ 9, 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3069 - Legal investments

The bonds of the Authority shall be lawful investments, and may be accepted as security, for any fiduciary, trust and public funds, the investment or deposit of which shall be under the authority or control of the Commonwealth or any officer or officers thereof.
History —June 10, 1974, No. 62, Part 1, p. 239, § 19, renumbered as § 13 on Sept. 27, 1994, No. 112, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3071 - Covenant of Commonwealth with bondholders

The Commonwealth does hereby pledge to and agree with the holders of any bonds issued under this chapter, and with those parties who may enter into contracts with the Authority pursuant to the provisions thereof, that the Commonwealth will not limit or alter the rights hereby vested in the Authority until such bonds, together with the interest thereon, are fully met and discharged, and such contracts are fully performed on the part of the Authority.
History —June 10, 1974, No. 62, Part 1, p. 239, § 21, renumbered as § 14 on Sept. 27, 1994, No. 112, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3074 - Authorization to negotiate and execute financial agreements

The Puerto Rico Maritime Shipping Authority is hereby authorized to negotiate and execute with the Government Development Bank for Puerto Rico or through other financial institutions, the financing agreements or contracts that are necessary to restructure and/or refinance the obligations of the Authority, and the expenses related to such restructuring and/or refinancing. The restructuring and/or refinancing of the obligations shall not exceed three hundred and ten million dollars ($310,000,000) including costs and deposits in reserve accounts, if required.
History —Sept. 27, 1994, No. 113, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3075 - Payment of principal and interests by the Commonwealth of Puerto Rico

The Commonwealth of Puerto Rico shall honor the payment of principal and interest of the obligations to be restructured and/or refinanced. To such effects, the Director of the Office of the Management and Budget shall include the amounts needed to meet the payment of principal and interest of the debt restructuring plan of the Maritime Shipping Authority, in the operating budgets of the Commonwealth of Puerto Rico Government to be submitted annually by the Governor of Puerto Rico to the Legislature, starting in fiscal year 1995—96, pursuant to § 3074 of this title.
History —Sept. 27, 1994, No. 113, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3076 - Compliance with payment plan; deposit in special account

In order to comply with the established payment plan and the purposes of §§ 3074—3077 of this title, the Secretary of the Treasury shall deposit the necessary amount in a special account in the Government Development Bank or in any other banking institution, on or before the date of payment of the principal and interest.
History —Sept. 27, 1994, No. 113, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 105 - Maritime Shipping Authority (§§ 3051 — 3077) › § 3077 - Appropriation of funds

The sums authorized herein to be provided by the Commonwealth Treasury to finance debt restructuring and/or refinancing of the Maritime Shipping Authority shall be subject and conditioned to the appropriation of funds by the Legislature in the operating expense budgets beginning in fiscal year 1995—96. The appropriations provided in §§ 3074—3077 of this title shall be used exclusively for the payment of the debt restructuring and/or refinancing of the debts of said Authority and for any other related expense and shall not be used for any other purposes, nor shall they be subject to claims by other creditors of the Authority. The appropriations provided in §§ 3074—3077 of this title shall be in addition to those that are needed to cover operating expenses, if any, of the Authority and for the payment of claims resulting from maritime transportation operations carried out by the same.
History —Sept. 27, 1994, No. 113, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 107 - Maritime Transit Authority Act (§§ 3201 — 3215) › § 3202 - Authority—Creation

A corporate and body politic is hereby created as a public corporation and instrumentality of the Government of the Commonwealth of Puerto Rico, attached to the Department, which shall be known as the Puerto Rico and the Island Municipalities Maritime Transport Authority, subject to the control of the Secretary, with legal existence and personality separate from the Government of the Commonwealth of Puerto Rico, its agencies, instrumentalities and political subdivisions.
The division of the services rendered by the agency shall be established in two units that shall concentrate their efforts in two fundamental parts: service at island level and in the metropolitan area. The metropolitan area shall include the services offered by the Cataño-San Juan and the Acuaexpreso ferries, which shall be integrated into the mass transportation system of the metropolitan area, attached to the Puerto Rico Highways Authority.
The island level service shall concentrate, but not be limited to, the Fajardo-Vieques-Culebra ferry service, for the purpose of concentrating efforts in maximizing the operations in said zone.
The debts, obligations, contracts, notes, receipts, expenses, accounts, funds, pledges and properties of the Authority, its officials, agents or employees shall be deemed as belongings of said Authority and not as property of the Government of Puerto Rico or of any office, bureau, department, instrumentality, agency, or public subdivision, municipality, agent, official or employee thereof.
The Authority shall exercise its duties and powers and shall comply with its obligations under this chapter in coordination with the Department. The execution by the Authority of the powers and faculties conferred to it by this chapter shall at no time have the effect of vesting the Authority with the character of a private enterprise.
History —Jan. 1, 2000, No. 1, § 3; Aug. 26, 2004, No. 231, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 107 - Maritime Transit Authority Act (§§ 3201 — 3215) › § 3203a - Maritime transport service schedule display

The Authority shall conspicuously display the route schedule inside the passenger terminal areas where services are rendered. Said schedule display may be in printed or digital format. Any change in schedule shall be disclosed in the terminal of the affected route within at least fourteen (14) days in advance, except for such changes that due to maritime conditions make travel unsafe.
History —Jan. 1, 2000, No. 1 added as § 4-A on July 23, 2014, No. 103, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IV - Navigation and Marine Trade (§§ 2101 — 3223) › Chapter 107 - Maritime Transit Authority Act (§§ 3201 — 3215) › § 3204 - Authority—Funds and accounts

The moneys of the Authority shall be deposited with depositories qualified to receive funds of the Government of Puerto Rico, but shall be kept in a separate account or accounts in the name of the Authority. The Authority shall make the disbursements of the same, pursuant to the regulations and budgets approved by it.
The Authority shall establish the accounting system required for the proper control and statistical registration of all expenses and income belonging to, managed or controlled by the Authority, pursuant to the generally accepted public accounting principles. The accounting system of the Authority shall be kept in such a way that will properly identify and separate, as may be advisable, the accounts of the different types of enterprises and activities of the Authority.
History —Jan. 1, 2000, No. 1, § 5.