2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 207 - Municipal Legislative Power (§§ 4151 — 4166) › § 4164 - Perquisites

As of July 1, 1995, the municipal legislatures are authorized to decree a raise in the per diems received by each municipal legislator, except the President, for each duly summoned day in session to which he/she attends, as reimbursement for expenses. Said raise shall be authorized through a municipal ordinance, with not less than two-thirds of the votes of its members in favor thereof.
In considering the raise, the following criteria shall be taken into account, among others:
(1) The municipal budget and the financial situation of revenues and expenses, as reflected in the single audit.
(2) The population that they serve and the complexity of the services.
(3) The territorial extension of the municipality.
(4) The complexity of the functions and responsibilities of each specific legislature, including the amount of work that this implies for its members.
Once said raise has been approved, it will also be applicable to the per diems they receive at present for their attendance to any meeting of a committee of the legislature, in session in Puerto Rico, with the prior authorization of the Chairman of the legislature, at least twenty-four (24) hours earlier, or when there is an express recommendation of the legislature for said committee to study and investigate a matter in Puerto Rico.
The summons, as well as the payment of per diems for holding a session or a committee meeting, shall require the prior authorization issued by the Chairperson of the legislature at least twenty-four (24) hours in advance, or when there is an express assignment of the legislature for said committee to study and investigate a specific matter in Puerto Rico.
As of July 1, 1995, the municipal legislatures are authorized to decree a raise in the per diems received by the Chairperson of the legislature, as reimbursement for expenses for each day of a duly called session he/she attends. Said raise shall be authorized through a municipal ordinance, with the favorable vote of not less than two-thirds of its members. The Chairperson of the legislature may also receive a raise in his/her per diems for his/her attendance to any meeting of a committee of the legislature, which shall be equal to the raise decreed by ordinance for the members of the legislature.
For any raise of the per diems authorized to this effect, received by the Chairperson of the legislature, the same criteria mentioned earlier shall be taken into account in considering the raise for the members of the legislature.
When the legislature bylaws provided that the Chairperson of the legislature shall also be the ex officio Chairperson of all the committees thereof, he/she shall not collect any per diem for any committee meetings he/she attends as ex officio Chairperson.
The municipal legislators including the Chairperson thereof, shall only receive a per diem equivalent to one meeting, for each days of session, even though they are present at more than one meeting on the same day.
However, to be entitled to the per diem authorized in this section, the attendance shall be to the session of the legislature or to the meetings of different committees. When a session of the legislature coincides with a meeting of any committee on the same day, [members] shall be paid only one per diem for the session of the legislature held. Every member of the legislature who is a member of more than one committee shall be entitled to [a] per diem for only one legislature and committee meeting they attend, even though they attend more than one meeting in the same day. Every attendance certificate of a meeting of the legislature and/or the committee shall include the hour it started and concluded [in order for the member] to be entitled to the per diem authorized in this section.
Those municipal legislators who are officials and employees of the Government of the Commonwealth of Puerto Rico shall be entitled to collect the per diems authorized in this section, without detriment to the salary or wage they receive regularly.
History —Aug. 30, 1991, No. 81, § 4.014, renumbered as § 4.013 on Oct. 29, 1992, No. 84, § 17; Apr. 13, 1995, No. 36, § 14.