reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter IV - Code of Ethics for Public Servants and Former Public Servants in the Executive Branch; Provisions Applicable to Public Servants and Former Public Servants in the Judicial and Legislative Branches (§§ 1857 — 1857g) › § 1857d - Duty to report situations involving potential unethical actions or conflicts of interest

Any public servant who must take any official action that is contrary to the prohibitions established by §§ 1857a, 1857b and 1857c of this title shall report it to the Office before taking such action. In his/her statement, the public servant may request to be relieved from intervening in such matter or participating in the agency's deliberations related to the official action.
The public servant shall deliver a copy of the statement filed with the Office to the appointing authority of his/her agency.
Once the situation is assessed, the Office shall notify the public servant and the appointing authority that there are no conflicts of interest, or, should there be, that the option to disqualify himself/herself is available.
History —Jan. 3, 2012, No. 1, § 4.5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter IV - Code of Ethics for Public Servants and Former Public Servants in the Executive Branch; Provisions Applicable to Public Servants and Former Public Servants in the Judicial and Legislative Branches (§§ 1857 — 1857g) › § 1857g - Rules of conduct applicable to public servants and former public servants in the judicial and legislative branches

The conduct of public servants and former public servants of the Judiciary and Legislative Branches shall be governed by the provisions of the laws in effect applicable to each one of said Government Branches and the regulations adopted by the same.
History —Jan. 3, 2012, No. 1, § 4.8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter V - Financial Reports (§§ 1858 — 1858i) › § 1858a - Frequency and scope of the financial reports of the Executive Branch and the Legislative Branch

Every public servant of the Executive Branch and the Legislative Branch who is required to file a financial report shall:
(a) File with the Office, within ninety (90) days of taking office, a detailed report containing all the information required by the Office, as provided in § 1858c of this title. The first report shall include the calendar year immediately preceding the date on which the public servant took office.
(b) After filing the report required at the time of induction into office, he/she must file an annual report to be submitted not later than May 1st of each one of the years following the year in which he/she was inducted into office. The report shall include the preceding calendar year.
(c) If he/she renders ad honorem services or only receives per diems, he/she shall not be required to file annual reports. In these cases, he/she shall be required to file a financial report at the time of his/her induction into office and one when he/she ceases to hold such office. The financial report required at the time of induction into office shall include the calendar year preceding the induction into office and the time elapsed between the current year and the date of his/her nomination.
(d) Upon ceasing to hold office, every person shall be required to file a financial report within ninety (90) days after the separation from office, which includes all the information required by the Office, except when he/she shall hold an office that requires the filing of annual reports. In these cases, he/she shall continue to file such financial reports every year.
The report required at the time of ceasing to hold office shall include the preceding calendar year, if such report has not been filed, and the time elapsed between said year and the date on which he/she ceased to hold such office.
(e) Every public servant appointed by the appointing authority to provisionally hold an office or position that requires the filing of reports for a term greater than sixty (60) days, shall file a financial report at the time of induction into office within ninety (90) days following such period. Such public servant shall be required to file the corresponding reports while he/she continues to hold such office provisionally.
(f) The Office may grant an extension of time to file the financial reports under this subchapter.
History —Jan. 3, 2012, No. 1, § 5.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter V - Financial Reports (§§ 1858 — 1858i) › § 1858b - Filing sworn financial reports

The financial reports required under this chapter, except those required from the members of the Judicial Branch, shall be filed through the electronic filing system provided by the Office. By doing so, the public servant attests to the content of the furnished information and declares, under oath, that the same is true, correct and complete.
Such oath shall be a prima facie presumption that the public servant electronically filed and signed the report.
History —Jan. 3, 2012, No. 1, § 5.3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter V - Financial Reports (§§ 1858 — 1858i) › § 1858d - Term to audit and actions related to the financial reports of the Executive Branch

(a) Within ninety (90) days following the date of the filing of the financial report, the Office shall complete an audit thereof. If during the audit process, any unjustified information is detected, the Office shall initiate a forensic audit, which shall conclude within two (2) years. These terms shall be strictly observed. If there is just cause, the Office may extend any of such terms for an additional term of ninety (90) days.
(b) Once concluded, the Office may reopen an audit when:
(1) The public servant, motu proprio, amends his/her financial report.
(2) Someone personally knows and provides new and essential information about the conducted audit, which, despite due diligence, could not be discovered or could not have been discovered before the end of the audit.
(3) In an administrative or judicial proceeding, whether state or federal, the falseness of certain information furnished during the audit process was proved; provided, that such information has been the basis for the investigation.
If the Office reopens an audit, it must be completed within one (1) year. If a possible conflict is detected in the information provided in the financial report, the Office may require the elimination thereof.
The Office shall notify the person who filed the report about the conflict of interest and grant him/her a term to eliminate the same. If the person fails to eliminate the conflict within the term provided, the Office shall initiate the appropriate administrative procedure.
(c) If a possible conflict of interest is detected in the information provided in the financial report, the Office may require the elimination of the motive that creates such conflict of interest. The Office shall notify the person who filed the report about the conflict of interest and grant him/her a term to eliminate the same. If the person fails to eliminate the motive which creates such conflict of interests within the term provided, the Office shall initiate the appropriate administrative procedure.
History —Jan. 3, 2012, No. 1, § 5.5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter V - Financial Reports (§§ 1858 — 1858i) › § 1858e - Prohibitions related to the financial report

Prohibitions related to the financial report of a public servant or former public servant:
(1) Increasing his/her wealth or that of a third party, when such enrichment has occurred after he/she took such office or job or was commissioned, until five years after termination of such office, and he/she is unable to justify such enrichment. It shall be understood that there has been enrichment, not only when his/her wealth has increased with money or property, but also when the liabilities affecting him/her have been cancelled.
(2) Failing to file financial reports.
(3) Failing to submit the information required within the term provided.
If criminal violations are found in the information provided in the financial report, the Executive Director shall refer the case to the Department of Justice, the Office of the Special Independent Prosecutor or the Federal Bureau of Investigations, among others.
History —Jan. 3, 2012, No. 1, § 5.6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter V - Financial Reports (§§ 1858 — 1858i) › § 1858h - Conservation of financial reports

The Office shall be bound to keep the financial reports for a period of five (5) years after the audit has been completed or three (3) years after the public servant ceased to hold his/her office or job position. In cases in which a report is under audit, investigation or administrative or judicial procedure, it shall be kept until such process concludes.
History —Jan. 3, 2012, No. 1, § 5.9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter VI - Candidates to Elective Offices and Nominees of the Governor (§§ 1859 — 1859a) › § 1859 - Statement of financial solvency and absence of conflict of interest

(a) Every candidate certified by the Commonwealth Election Commission to an elective office in the general or a special election must file a sworn statement of financial solvency with the Office, within twenty (20) days after the candidate's certification.
(b) Any person nominated by the Governor to hold an office or job position that requires confirmation by the Senate or the Legislative Assembly must file a sworn statement of financial solvency and absence of conflict of interest with the Office, within thirty (30) days after the date of his/her nomination.
(c) Once such report is received the Office shall complete its evaluation and analysis within thirty (30) days after the filing thereof. The Office shall refer to the Commonwealth Election Commission the evaluation of statement of the candidates certified by the latter. In the case of the persons nominated by the Governor to hold an office or job position that requires confirmation by the Senate or the Legislative Assembly, the Office shall refer the results of the evaluation of such statements to the appropriate House of the Legislative Assembly.
(d) The Office shall design the aforementioned statement forms.
History —Jan. 3, 2012, No. 1, § 6.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter VI - Candidates to Elective Offices and Nominees of the Governor (§§ 1859 — 1859a) › § 1859a - Education

(a) Every candidate certified by the Commonwealth Election Commission to an elective office in the general or a special election must complete a 7.5 hours course on ethics offered by the Office.
(b) Any person nominated by the Governor to hold an office or job position that requires confirmation by the Senate or the Legislative Assembly must complete a 7.5 hours course on ethics offered by the Office.
(c) Such courses must be taken within thirty (30) days after the nomination or certification.
History —Jan. 3, 2012, No. 1, § 6.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter VII - Investigation, Adjudication, and Judicial Review (§§ 1860 — 1860b) › § 1860 - Investigation procedure related to public servants in the Executive Branch

(a) Any person may petition the Office to initiate an investigation under the provisions of this chapter. Such petition may be presented by any means, including anonymously. The Office may also initiate an investigation on its own motion.
(b) Within ninety (90) days after the filing of the petition, the Office shall conduct a preliminary investigation. If, after concluding the preliminary investigation, the Office believes that an in-depth investigation is in order, the Office must conclude such investigation within one (1) year. These terms shall be strictly observed. If there is just cause, the Office may extend these terms up to ninety (90) days or one (1) year, respectively.
(c) In those cases in which the person making the petition provided an address, the Office shall notify him/her of the action taken.
(d) Any person who intentionally provides or publishes information or makes reports publicly on any investigation being conducted by the Office without having been authorized to do so by the Executive Director shall be guilty of a felony. Upon conviction of this crime, such person shall be punished by imprisonment for a fixed term of three (3) years and a fine of five thousand dollars ($5,000). The court may also impose community service. If the aforementioned conduct is the result of carelessness or omission, such person shall be guilty of a misdemeanor. Upon conviction, such person shall be punished by imprisonment for a fixed term of six (6) months and a fine of one thousand dollars ($1,000).
History —Jan. 3, 2012, No. 1, § 7.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter VII - Investigation, Adjudication, and Judicial Review (§§ 1860 — 1860b) › § 1860a - Adjudication procedure

Once the investigation referred to in § 1860 of this title is concluded and the Office believes that any provision of this chapter, the regulations, orders or rules promulgated thereunder has been violated, the Office shall file a complaint and conduct an adjudicative procedure, pursuant to the Uniform Administrative Procedures Act, §§ 2101 et seq. of this title.
History —Jan. 3, 2012, No. 1, § 7.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter VII - Investigation, Adjudication, and Judicial Review (§§ 1860 — 1860b) › § 1860b - Judicial review

Any public servant affected in a proceeding carried out by the Office settling a matter shall be entitled to file for judicial review before the Court of Appeals, pursuant to the Uniform Administrative Procedures Act.
History —Jan. 3, 2012, No. 1, § 7.3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1901 - Purpose

The construction, rehabilitation, acquisition, repair, preservation and replacement of the infrastructure of the Commonwealth, or any part thereof, is essential to the general welfare. It is a fact that it is occasionally necessary for the Commonwealth to give financial, administrative, or other assistance to public corporations and instrumentalities of the Commonwealth, to allow them to fulfill their public purpose to provide, preserve, operate, maintain, repair, replace, and improve parts of the infrastructure of Puerto Rico. It is hereby stated that the people of Puerto Rico shall benefit by providing an alternate method of financing our infrastructure needs. It is necessary to immediately establish a Water Pollution Control Revolving Fund and a Commonwealth Potable Water Revolving Fund, and the special standards and provisions that are essential for their administration, so that the Commonwealth may benefit from the Federal Capital Grants program established under Title VI of the Federal Clean Water Act, as amended, and Title I of the Federal Clean Water Act, as amended, or any otter similar or related federal legislation or regulations. It is the firm intent of the Legislature of Puerto Rico to adopt whatever measures are necessary and convenient to fulfill the abovementioned needs and purposes, and to do so, it hereby creates the Puerto Rico Infrastructure Financing Authority, as a public corporation and instrumentality of the Commonwealth, which is an independent body corporate and politic, and establishes the Water Pollution Control Revolving Fund and the Commonwealth Potable Water Revolving Fund.
History —June 21, 1988, No. 44, § 2; July 7, 1997, No. 32, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1903 - Creation

A public corporation and instrumentality of the Commonwealth is hereby created which constitutes an independent corporate and political entity, which shall be known as the Puerto Rico Infrastructure Financing Authority, which shall exercise its powers independently from any other person. The powers of the Authority shall be exercised by the Board, which shall be composed of five (5) members of the Board of Directors of the Government Development Bank appointed by the Governor of Puerto Rico, by the Secretary of the Treasury of the Commonwealth, and by one (1) additional member, appointed by the Governor of Puerto Rico. Such additional member shall serve at the volition of the Governor and may be removed or replaced by the Governor at any time, with or without cause.
Any member of the Board who, at the same time, is a member of the board of directors, an officer or an official of a benefited entity, must disqualify him/herself from participating in any Authority business involving the benefited entity wherein he/she is a director, an officer or an official. The Authority thus constituted shall discharge public and essential government functions.
The Governor shall appoint the Chair of the Board from among its members. The Board may elect officers as it may deem necessary or convenient to serve the public purposes on account of which the Authority is created.
The members of the Board of the Authority shall receive no compensation whatsoever for their services. The Authority shall reimburse the members of the Board who are not public officials or employees for the necessary expenses incurred in the performance of their duties.
A majority of the Board shall constitute a quorum and the affirmative vote of at least a majority of the members present shall be needed for any action the Board may take. No absence or vacancy on the Board shall prevent it, once there is a quorum, from exercising all its rights and performing all its duties.
The Board and its individual directors, and the officers, agents or employees of the Authority shall not incur civil liability for any action taken in good faith in the performance of their duties and responsibilities pursuant to the provisions of this chapter, and they shall be indemnified for any costs incurred in connection with any claim for which they enjoy immunity as provided hereunder. The Board and its individual directors, and officers, agents or employees of the Authority shall be fully indemnified for any civil liability adjudicated under the laws of the United States of America.
History —June 21, 1988, No. 44, § 4; Mar. 9, 2009, No. 8, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1904 - Authorization to grant assistance

The Authority may grant assistance to any public corporation, government instrumentality, political subdivision or municipality authorized by law to provide infrastructure facilities.
History —June 21, 1988, No. 44, § 5; July 7, 1997, No. 32, § 3; June 24, 1998, No. 92, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1906a - Petition for the establishment of special improvement districts; requirements

The benefited entity may petition the Authority to create a special improvement district in a specific geographical area. Said districts shall constitute areas with common characteristics, interests and problems but may include adjacent or non-adjacent properties.
The benefited entity shall provide the Authority with information sustaining the need and convenience for establishing said special improvement district. Said information shall include, but not be limited to:
(a) A detailed description of the proposed infrastructure and the reasons that make it necessary and justify the creation of the district;
(b) a description of the geographical area which shall receive a specific and substantial benefit by the construction of said infrastructure, including a specific description of the benefits said area shall receive and the method used to determine said benefits;
(c) the estimated cost of the infrastructure and its maintenance;
(d) the estimated time for the termination of the proposed project;
(e) an estimate of the percentage of the fees for benefits of the total cost of the project;
(f) other sources of financing available, if any, to defray the cost of the construction, improvement or rehabilitation of the infrastructure, and
(g) any other information which the Authority may request from the benefited entity which may be reasonably related to the establishment of said district and the imposition of the fees for benefits.
Should the Authority accept the petition, it shall determine in the resolution issued according to the provisions of § 1909c of this title, whether the method used to determine the benefits is a fair mechanism to determine the specific benefit which each property within the special improvement district shall receive.
History —June 21, 1988, No. 44, added as § 8 on June 24, 1998, No. 92, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1906c - Public hearing on the establishment of districts

On the date scheduled for the public hearing, the official designated by the Board shall preside over the hearing and the interested persons may appear and provide information or introduce proposals or objections related to the establishment of the district. Upon the conclusion of the hearing, the official shall render a detailed report on the matters taken into consideration and issue a recommendation to the Board. The Board shall make its decision on the basis of the report, the information provided by the benefited entity and any other material made available or provided during the hearing, as to whether or not the district is to be established, through a written resolution which shall be issued not later than one hundred and twenty (120) days following the conclusion of the same unless a referendum is called pursuant to the provisions of this chapter. In the event a referendum should be called, the term of one hundred and twenty (120) days shall be interrupted and resumed anew if the establishment of the district is approved in the referendum. Said resolution shall gather together all grounds on which the Authority based its decision to authorize the approval of the district and shall also establish the purpose for which the fees for benefits shall be used, the estimated cost of the infrastructure, the dates or periods on which the fees for benefits shall be paid, the total amount of the funds to be raised through the fees for benefits to be imposed, the period for which said fees are to be imposed and an addenda stating the amount to be paid annually by each real property included in the district.
Said resolution shall also clearly establish the geographic boundaries of the district, which shall be drawn on a map to be attached to the resolution. The resolution may reduce or alter the proposed boundaries of the district but never increase the area of the proposed district. In case of inconsistencies between the map and the resolution, the map shall prevail.
Said resolution shall be published together with all its addenda in a newspaper of general circulation in the week after it is issued.
History —June 21, 1988, No. 44, added as § 10 on June 24, 1998, No. 92, § 7, eff. 90 days after June 24, 1998.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1906d - Fees for benefits; their nature and uses

The fees for benefits constitute a tacit legal charge and lien imposed on real property in proportion to the profits or the utility it receives or shall receive from an improvement, construction or repair of infrastructure. The fees for benefits shall never exceed the profit received by the real property.
The income proceeding from the collection of the fees for benefits, or from the bonds secured thereby, shall be used solely and exclusively to finance the infrastructure for which they were imposed, or to amortize the loan contracted to carry it out. However, the trust contract or the resolution providing for the bond issue, may provide for the income received to be invested pending its application, under the terms and conditions established by the resolution or trust contract.
History —June 21, 1988, No. 44, added as § 11 on June 24, 1998, No. 92, § 8, eff. 90 days after June 24, 1998.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1906e - Petition for exclusion from the improvements district or reduction of the fees imposed for benefits

Any owner or owners of real property which is totally or partially within the district established pursuant to the provisions of this chapter, or their legal representatives, may file a petition with the Authority, individually or jointly, requesting that their real property be excluded from the district because the same will not benefit thereby, or that the fees for benefits be reduced because they exceed the real profits received by their property.
Said petition shall include the physical address of the property and the registry description of the same. The exact geographical location of the property shall be drawn on a map so that its location may be identified in relation to the district.
The petition shall also contain a statement setting forth the grounds sustaining said petition as well as a plea. The same must be sworn to by the owner or his/her legal representatives.
In those cases it may deem meritorious, the Authority shall summon the petitioners as well as a representative of the benefited entity to a hearing to consider the petition for exclusion or reduction. The Authority may consolidate all related cases presented individually to expedite their prompt solution.
History —June 21, 1988, No. 44, added as § 12 on June 24, 1998, No. 92, § 9, eff. 90 days after June 24, 1998.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1906f - Hearing on the petition for exclusion or reduction

The hearing on the petition for exclusion or reduction shall be chaired by an examining official who shall give equal opportunity to all parties to introduce evidence or arguments upholding their claim.
At the conclusion of the hearing, the examining official may:
(1) Deny the petition because the petitioners failed to provide irrefutable proof that their property should be excluded because it receives no benefit whatsoever, or that the fees for benefits imposed by the resolution must be reduced because they exceed the benefits their property receives, or
(2) grant the petition to exclude the property from the district or reduce the fees for benefits because the petitioners provided irrefutable proof for their petition, in which case the examining official must issue one of the following orders:
(a) In case of exclusion, that the exclusion of all or part of the real property described in the petition be ordered based on the fact that the property does not benefit from the improvements made in the district.
(b) In case of reduction, that an order be issued changing the fees for benefits imposed on all or part of the property described in the petition.
Regarding those cases set forth in clauses (a) and (b) of this subsection, a copy of the resolution shall be forwarded to the Municipal Revenues Collection Center so that the corresponding changes may be made.
History —June 21, 1988, No. 44, added as § 13 on June 24, 1998, No. 92, § 10, eff. 90 days after June 24, 1998.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1906h - Date for the payment of fees for benefits; penalties for delinquency; maximum amount of fees for benefits

The fees for benefits imposed according to the terms of this act shall be payable annually to the Municipal Revenues Collection Center or its representative, on the date provided by the former in the notice it shall issue annually to that effect pursuant to the provisions of § 1906g of this title. Said fees for benefits shall be deemed delinquent if they are not paid within the thirty (30) days following their due date. After said thirty (30) days have elapsed, the collectors or authorized representatives of the Municipal Revenues Collection Center shall collect, in addition to said late fees for benefits and as part thereof, the interest on the amount thereof, computed as of the date fixed for their payment at the rate of ten percent (10%) per annum.
Said additional sum for interest shall be collected together with the principal on the fees for benefits that originated the same, as well as the legal collection charges, if any. As soon as the fees for benefits become delinquent, the Municipal Revenues Collection Center, through its agents, shall proceed to attach real assets and chattels of the owner of the real property subject to the payment of the fees for benefits in arrears, in an amount sufficient to answer for their payment and shall immediately notify the owner of the encumbered real property of the attachment.
The owner of the real property may request a review before the competent Superior Part of the Court of First Instance of Puerto Rico if it believes that there has been some irregularity in the notice of the fees for benefits or in the attachment by the Municipal Revenues Collection Center. Should the owner of the property fail to request the aforementioned review, the Municipal Revenues Collection Center shall proceed, as soon as possible, to conduct a public auction of the attached assets in order to collect the fees for benefits, including honorariums, costs and interest, on the thirty-first (31st) day of the date of the notice of attachment. The sale shall be conducted in the manner prescribed in §§ 5103 and 5105 of Title 21.
At no time shall property included in a district or in several districts, be imposed fees for benefits that, together with any other fees for benefits it is bound to pay, will amount to an annual sum greater than two percent (2%) of the appraised value or tax purposes of the real property located in residential and agricultural areas, or greater than four percent (4%) of the appraised value for tax purposes, of the real property located in commercial and industrial areas.
History —June 21, 1988, No. 44, added as § 15 on June 24, 1998, No. 92, § 12, eff. 90 days after June 24, 1998.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1906i - Term to file lawsuits; procedure to refute the validity or legality of the establishment of the district; refutability clause

Any lawsuit or procedure to refute, question or deny the validity or legality of the establishment of a special improvements district, a bond issue executed pursuant to this chapter, or any procedure related thereto, must be initiated within sixty (60) days following the publication of the resolution creating the district in a newspaper of general circulation; otherwise, the establishment of the district, the bond issue and any other procedure related thereto shall be in all aspects valid, legal and irrefutable. None of the provisions of this section shall affect the term provided in § 1907 of this title for the owner of the real property to request the review of the notice of the fees for benefits or any attachment initiated in the competent Superior Part of the Court of First Instance of Puerto Rico.
History —June 21, 1988, No. 44, added as § 16 on June 24, 1998, No. 92, § 13, eff. 90 days after June 24, 1998.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1906j - Contents of deeds or contracts

Any sales contract or deed, land assignment or donation, of any type of building or apartment which is part of a special improvements district, shall contain a statement indicating that the purchaser, assignee or donor fully knows and observes the precepts of this chapter and of the resolution which establish and impose the fees for benefits, as applicable.
History —June 21, 1988, No. 44, added as § 17 on June 24, 1998, No. 92, § 14, eff. 90 days after June 24, 1998.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1908 - Refunding bonds

The Authority is hereby authorized to issue refunding bonds of the Authority for the purpose of refunding those bonds in effect and outstanding at that time, which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or accruing as of the redemption or maturity date of such bonds and, if deemed advisable by the Authority, for any of the purposes for which it may issue bonds. The issuance of such bonds, the maturities and other pertinent details, the rights of the bondholders, and the rights, duties and obligations of the Authority with regard thereto shall be governed by the provisions of this chapter concerning the issuance of bonds insofar as such provisions shall be applicable.
Refunding bonds issued under this section may be sold or exchanged for outstanding bonds issued under this chapter, and, if sold, the proceeds thereof may be applied, in addition to any other authorized purpose, to the purchase, redemption or payment of such outstanding bonds in effect, and may be invested pending such application. Refunding bonds may be issued, at the Authority’s discretion at any time on or before the date of maturity or maturities, or the date selected for the redemption of the bonds being refunded.
History —June 21, 1988, No. 44, § 9, renumbered as § 19 on June 24, 1998, No. 92, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1909 - Tax exemption

(a) It is resolved and declared that the purposes for which the Authority is created and shall exercise its powers are public purposes for the benefit of the people of Puerto Rico, and the exercise of the powers conferred under this chapter constitutes the performance of essential government functions.
The Authority shall be exempt from the payment of all taxes, permits, fees or licenses imposed by the Commonwealth or its municipalities on the properties of the Authority and those under the jurisdiction, authority, control, domain, possession or supervision of the Authority and on the income derived from any of the Authority’s undertakings or activities. The Authority shall pay excise taxes on articles subject to the provisions of Act Oct. 8, 1987, No. 5, known as the “Excise Tax Act of 1987 of the Commonwealth of Puerto Rico”.
(b) In order to facilitate the procurement of funds to enable it to carry out its corporate purposes, the bonds issued by the Authority under the provisions of this chapter, their transfer and the income therefrom, including any gains obtained from their sale, shall be and at all times remain exempt from the payment of all taxes, licenses or fees levied by the Commonwealth or any of its municipalities.
(c) The Authority or any benefited entity shall also be exempt from the payment of all kinds of charges, internal revenue stamps and receipts, fees or taxes required by law for the prosecution of judicial proceedings, the issuing of certifications in all offices and dependencies of the Commonwealth, and the execution of public documents and their registration in any public registry of the Commonwealth.
History —June 21, 1988, No. 44, § 10, renumbered as § 20 on June 24, 1998, No. 92, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1910 - Immunity from liability

The bonds issued by the Authority shall not constitute an indebtedness of the Commonwealth nor of any of its political subdivisions, and neither the Commonwealth nor any of its political subdivisions shall be liable therefor, and such bonds shall be payable solely out of those funds pledged for the payment thereof.
The Authority shall not be deemed to be acting on behalf of or to have incurred any obligation to the holders of any indebtedness of the Commonwealth or any benefited entity or to third parties, even when the Authority has taken any action under this chapter which affects such benefited entity.
History —June 21, 1988, No. 44, § 11, renumbered as § 21 on June 24, 1998, No. 92, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1911 - Trust agreement

In the discretion of the Authority, any bonds issued under the provisions of this chapter shall be secured by a trust agreement by and between the Authority and any bank or trust company described in the following paragraph, which may be a bank or trust company within or without the Commonwealth. Notwithstanding any provision of law to the contrary, said trust agreement need not be constituted pursuant to a public deed in order to be a valid trust under the laws of the Commonwealth.
It shall be lawful for any bank or trust company incorporated under the laws of the Commonwealth, the United States of America or any state of the United States of America which may act as depository of the proceeds of the bonds, revenues or other moneys, to provide such indemnity bonds or to pledge such securities as may be required by the Authority. In addition to the above, the trust agreement shall contain all such provisions as the Authority may deem reasonable and proper for the protection of the bondholders.
History —June 21, 1988, No. 44, § 12, renumbered as § 22 on June 24, 1998, No. 92, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1912 - Transfers, assistance and fees paid by other benefited entities

Subject to the provisions of trust agreements, resolutions or other agreements in effect on the effective date of this act, any benefited entity is authorized to:
(a) Assign and transfer to the Authority, at its request and upon such terms and conditions as the parties may agree, any property or interest therein, including property already devoted to public use which the Authority may deem necessary or convenient to achieve its purposes. Every assignment or transfer of property pursuant to the provisions of this subsection shall be previously approved by the Governor of Puerto Rico and notified to the Legislature no later than five (5) working days after the date on which the Governor approves the assignment or transfer of the property in question, by filing with the Office of the Secretary of each Legislative Body a document certified by the Secretary of the Board containing a description of the assigned or transferred property and the reasons for such transfer or assignment.
(b) Pledge its revenues and other property for the payment of bonds issued by the Authority.
(c) Render all types of services to the Authority, including those of its officers, agents and employees to assist it in performing its functions and duties under this chapter. In performing its functions as authorized under this chapter, the Authority is empowered to set and charge fees for its services rendered to the benefited entity and the latter shall be responsible for the payment of such fees and the reimbursement of any costs incurred by the Authority in providing services to the benefited entity.
History —June 21, 1988, No. 44, § 13, renumbered as § 23 on June 24, 1998, No. 92, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1913 - Covenant of Commonwealth with bondholders

The Commonwealth pledges and agrees with the holders of any bonds issued under this chapter and with those persons or entities that enter into contracts with the Authority, pursuant to the provisions hereof, that it shall not limit or alter the rights hereby conferred to the Authority until such bonds and the interest thereon are paid in full and such contracts are fully performed and honored on the part of the Authority; Provided, however, That nothing provided herein shall affect or alter such limitation if adequate measures are provided by law for the protection of said holders of the Authority’s bonds or of those who have entered into such contracts with the Authority. The Authority, as an agent of the Commonwealth, is hereby authorized to include this pledge on behalf of the Commonwealth on such bonds or contracts.
History —June 21, 1988, No. 44, § 14, renumbered as § 24 on June 24, 1998, No. 92, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1914 - Special deposit

Beginning with fiscal year 1988-89, notwithstanding the provisions of Section 29A of Act No. 143 of June [30], 1969, as amended, the first proceeds of the federal excise taxes remitted to the Department of the Treasury of Puerto Rico on each fiscal year, pursuant to Section 7652(a) (3) of the United States Internal Revenue Code of 1986, as amended, for up to a maximum amount of thirty million dollars ($30,000,000), in the case of Fiscal Year 1988-89, for up to a maximum amount of forty million dollars ($40,000,000), in the case of Fiscal Years 1989-90 to 1996-97, for up to a maximum amount of sixty million dollars ($60,000,000), in the case of Fiscal Year 1997-98, for up to a maximum amount of seventy million dollars ($70,000,000), in the case of Fiscal Years 1998-1999 to 2005-2006, and up to a maximum amount of ninety million dollars ($90,000,000), in the case of Fiscal Years 2006-07 to 2008-09, and in subsequent years until Fiscal Year 2056-57, the participation shall be for an amount of up to one hundred and seventeen million dollars ($117,000,000), which when received by the Department of the Treasury of Puerto Rico, shall be covered into a Special Fund to be maintained by or on behalf of the Authority, designated as the “Puerto Rico Infrastructure Fund”, and be used by the Authority for its corporate purposes, which shall include the development of the infrastructure necessary and convenient for holding the Mayagüez 2010 Central American and Caribbean Games. In case the funds collected from said federal excise taxes are insufficient to cover the amounts herein appropriated, the Secretary of the Treasury is authorized to cover said deficiency with any funds available and the Director of the Office of Management and Budget, at the request of the Puerto Rico Infrastructure Financing Authority shall include for the budget recommended for the corresponding fiscal year the appropriations needed to cover said deficiencies.
The Authority is hereby empowered to segregate a portion of said Funds into one (1) or more sub-accounts, subject to the provisions of Section 8 of Article VI of the Constitution of the Commonwealth of Puerto Rico for the payment of the principal and interest on bonds and other obligations of the Authority, or for the payment of bonds and other obligations issued by a benefited entity, or for any other legal purpose of the Authority. The moneys of the Special Fund may be used for the payment of interest and for the amortization of the public debt of the Commonwealth, as provided in said Section 8, only when the other resources available referred to in said Section are insufficient for such purposes.
History —June 21, 1988, No. 44, § 15; July 7, 1997, No. 32, § 5; renumbered as § 25 on June 24, 1998, No. 92, § 16; Aug. 7, 2002, No. 111, § 1; July 9, 2006, No. 119, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1915 - Water Pollution Control Revolving Fund

A revolving fund is hereby established with the Authority, to be known as the “Puerto Rico Water Pollution Control Revolving Fund”, which shall be constituted separately and independently from any other funds or resources of the Commonwealth, in accordance with the provisions of, and for the exclusive purposes set forth by Title VI of the Federal Clean Water Act. The Authority is authorized to assist the Environmental Quality Board in the administration of the Revolving Fund in accordance with Title VI of the Federal Clean Water Act, and in furtherance thereof, without it being understood as a limitation, the Authority shall be empowered to receive capitalization donations under said act from the Environmental Quality Board and the matching funds from the Commonwealth of Puerto Rico required under Title VI of the Federal Clean Water Act, deposit said donations and matched funds in the Revolving Fund, enter loan agreements and lend moneys deposited in the Revolving Fund to qualified borrowers under Title VI of the Federal Clean Water Act, or use said funds in any other way permitted by said act, structure any financing program and issue bonds to finance such programs, supervise the use and repayment by recipients of Revolving Fund monies and do anything else required by the Federal Clean Water Act in relation to the administration of the Revolving Fund pursuant to the provisions of any agreement executed by the Authority and the Environmental Quality Board in relation to the administration of the Revolving Fund.
History —June 21, 1988, No. 44, § 16; Dec. 13, 1990, No. 44, § 1; renumbered as § 26 on June 24, 1998, No. 92, § 18.