reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36C - Good Samaritan Assistive Technology Act (§§ 861 — 865) › § 861 - Definitions

For the purposes of this chapter, the following terms shall have the meaning stated below:
(a) Person with physical, mental or sensory disabilities.— Shall mean any person with a motor, mental or sensory disability which hinders or limits his/her ability to engage in or perform at work or at school or his/her ability to fully enjoy life, who is qualified to carry out the basic functions germane to work or school, with or without reasonable accommodations. It shall be understood, further, that a person with disabilities, protected under this chapter, shall be any person whose disability substantially limits his/her ability to perform one or more major activities of daily living, who has a previous history of such a condition. For the purposes of this definition, a sensory disability shall be deemed to be a disability which substantially affects hearing, eyesight, the sense of touch, the sense of smell, and speech.
(b) Qualified person with physical, mental or sensory limitations.— Shall mean a person with disabilities who, with or without reasonable accommodations, has the capability to perform the essential tasks involved in the trade or job he/she keeps, retains or applies for, and is willing and able to participate in all activities which are financial or civic-social in kind and are a part of daily endeavors.
(c) Assistive technology.— Any equipment created, adapted or modified to be used by a person with disabilities so as to maintain, enhance or increase his/her abilities.
(d) To create.— To design and build equipment that suits a particular need of a person with disabilities.
(e) To modify.— To alter the composition or operation of an existing equipment to suit the needs of one or several persons with the same need or disability.
(f) Professional.— Any person holding a college degree who is skilled and knowledgeable in assistive technology and who creates or modifies assistive technology equipment. He/she shall be accredited or certified by the Assistive Technology Program, §§ 831–837 of this title.
History —Dec. 4, 2007, No. 175, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36C - Good Samaritan Assistive Technology Act (§§ 861 — 865) › § 862 - Purpose

This chapter is hereby created with the purpose of limiting the legal liability of any professional, as defined in this chapter, who in the course or as a consequence of modifying or altering assistive technology equipment might inflict damage upon a person with disabilities. Furthermore, it promotes professional participation and creativity while pursuing the wellbeing of persons with disabilities. It also delimits the duties and responsibilities of professionals and persons with disabilities. It shall be an essential requisite to invoke protection under this chapter, to establish that both parties are acting in good faith and that the only purpose of their relationship is to provide and to receive assistive technology equipment, free of charge.
History —Dec. 4, 2007, No. 175, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36C - Good Samaritan Assistive Technology Act (§§ 861 — 865) › § 863 - Professionals—Duties and responsibilities

(a) Modifications or alterations to assistive technology equipment shall meet the purpose of enabling a better use of the equipment, based on the needs and strengths of the user or potential user.
(b) The professional or professionals making such modifications or alterations may not charge for services rendered in altering or modifying the equipment.
(c) They shall require and request the authorization of the person with disabilities to modify the equipment.
(d) The modification or alteration of equipment cannot have the effect of substantially altering the purposes for which the same was created.
(e) The modification or alteration of equipment shall be carried out with the purpose of maximizing the use of the capabilities of the person with disabilities.
(f) The person who modifies or alters any equipment shall explain and offer basic training to the person with disabilities on the use, handling and care of the equipment thus created, altered or modified. Likewise, the former shall be responsible for establishing the specifications for maintenance of the equipment.
History —Dec. 4, 2007, No. 175, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36C - Good Samaritan Assistive Technology Act (§§ 861 — 865) › § 864 - Person with disabilities—Duties and responsibilities

(a) He/she shall agree to the creation, alteration or modification of the equipment, provided said procedure suits a specific need.
(b) He/she shall participate in and agree to the creation, alteration or modification of the equipment.
(c) He/she shall release the professional from any liability for damages that may arise from the use of the equipment thus created, altered or modified.
(d) He/she shall make good use of the equipment thus created, modified or altered.
(e) He/she shall see to the maintenance of the equipment pursuant to the specifications established by the professional who altered or modified the same.
History —Dec. 4, 2007, No. 175, § 5.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36C - Good Samaritan Assistive Technology Act (§§ 861 — 865) › § 865 - Other actions reserved

The release does not exempt the professional from any kind of personal liability for negligent or intentional acts or other acts carried out in disregard of the parameters and regulations adopted by the Puerto Rico Assistive Technology Program, §§ 831–837 of this title, pursuant to its organic act or to this chapter.
History —Dec. 4, 2007, No. 175, § 6.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36D - Gas Service Station Online Assistance Directory for Persons with Disabilities (§§ 871 — 874) › § 871 - Public policy

It is the public policy of the Commonwealth of Puerto Rico to watch over the interests of our disabled citizens. The residents of the various communities of the Island have the right to be informed on the existence of gas service stations that offer assistance at [sic] when filling their automobiles with gas. Through the creation of an Online Directory, all citizens shall be informed about the participating gas service stations with their address and telephone number.
History —Nov. 9, 2007, No. 162, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36D - Gas Service Station Online Assistance Directory for Persons with Disabilities (§§ 871 — 874) › § 872 - Definitions

The following terms shall have the meaning expressed below:
(a) Person with disabilities.— Shall mean any person who has a physical, mental or sensorial disability that substantially limits one or more essential activities of life; has a medical history or record of physical, mental or sensorial disability; or is considered to have a physical, mental or sensorial disability.
(b) Investigating official.— Shall mean the director or chief executive director of the Office of the Disabled Persons Investigating Official.
(c) Gas service station.— Facility engaged in the sale of gasoline to the public.
(d) Gasoline.— Fuel composed of volatile and flammable liquid hydrocarbons derived from crude oil, offered for sale, sold to be used for generating power or energy necessary for propelling motor vehicles.
(e) Directory.— A listing of persons that belong to a group, containing certain information about them.
History —Nov. 9, 2007, No. 162, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36D - Gas Service Station Online Assistance Directory for Persons with Disabilities (§§ 871 — 874) › § 873 - Provisions

(a) The Investigating Official is hereby empowered to take the necessary steps for the creation of the Online Directory in its webpage already established. The Online Directory shall contain the physical address and the telephone number of the participating stations, so that persons are able to contact the same beforehand and be assisted upon their arrival at the station.
(b) The following public agencies and instrumentalities are hereby directed to jointly collaborate to promote this new Online Directory using, among other strategies, their respective webpages:
(1) The Department of Consumer Affairs.
(2) The Department of Transportation and Public Works.
(3) The Veterans Advocate Office.
(c) The participation of private organizations, whether for profit or non-profit, is hereby requested to further the implementation of the Directory, among which is the Asociación de Detallistas de Gasolina. The Office of the Disabled Persons Investigating Official, in coordination with the Department of Consumer Affairs, shall establish an orientation program on the requirements of the American with Disabilities Act (ADA), specifically on the requirement directed to public and private entities to provide accomodation so that their goods and services may be accessible to persons with disabilities without additional charges.
(d) The Investigating Official is hereby directed to develop periodical promotion of the service to be rendered. He/she shall publish every six (6) months in a newspaper of general circulation, in the Spanish and English languages, informational announcements in connection with this chapter.
(e) Every participating gas service station shall have full gas service at the disposition of persons with disabilities who so request. Gas service station owners are hereby authorized to use signs identifying their establishments as members of the full gas services program for persons with disabilities.
(f) The participating gas service stations shall not charge any fee for this service. The rate corresponding to self-service shall be charged to the person.
History —Nov. 9, 2007, No. 162, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36D - Gas Service Station Online Assistance Directory for Persons with Disabilities (§§ 871 — 874) › § 874 - Applicability

This chapter shall apply to all gas service stations dispatching gasoline and diesel that voluntarily agree to be part of the Online Directory, in order to provide full gas service to persons with disabilities who so request free of charge. This chapter shall also apply to persons with disabilities duly identified as such by a removable placard or a license plate.
History —Nov. 9, 2007, No. 162, § 5.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36E - Puerto Rico Act for Access to Essential Services for Persons Over the Age of 21 with Significant Disabilities (§§ 881 — 890) › § 881 - Definitions

For the purposes of this chapter, the following terms shall have the meaning stated below:
(a) Person with significant disabilities.— Every person over the age of twenty-one (21) who is not employable and who cannot live independently.
(b) Overseeing agency.— Means the agency in charge of seeing over the implementation and administration of the services established in this chapter. For the purposes of this chapter, the overseeing agency shall be the Families and Children Administration of the Department of the Family.
(c) Voucher.— Means a certificate issued directly to an individual by an agency or entity for the payment of one or more of the following services: personal assistance, assistive technology, home modifications, nutritional assistance, medical assistance, medical equipment and supplies, any kind of therapy which may include, but is not limited to, physical and occupational therapies, mental health services, transportation services, care, lodging and relief services, family counseling, social-recreational services or activities, physical efficiency services. Any other service which is necessary for the population with special needs or significant disabilities shall be included in the regulations to be covered by this chapter.
(d) Service providers.— A private individual or entity, government agency or for-profit or nonprofit entity which provides services to persons with disabilities pursuant to the requirements set forth in the regulations created for the implementation of this chapter.
History —Aug. 6, 2008, No. 176, § 2, eff. July 1, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36E - Puerto Rico Act for Access to Essential Services for Persons Over the Age of 21 with Significant Disabilities (§§ 881 — 890) › § 882 - Purpose

This chapter is hereby created for the purpose of establishing the Fund of Opportunities and Access to Essential Services for Persons with Significant Disabilities between the ages of twenty-one (21) and fifty-nine (59) who are neither employable nor able to live on their own. The families or individuals who are eligible for the services covered by this chapter shall not be able to use the voucher to pay for the services to which they qualify in other programs provided by the agencies of the Government of Puerto Rico, including instrumentalities, corporations and municipal governments.
History —Aug. 6, 2008, No. 176, § 2[bis], eff. July 1, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36E - Puerto Rico Act for Access to Essential Services for Persons Over the Age of 21 with Significant Disabilities (§§ 881 — 890) › § 883 - Eligibility

For the purposes of this chapter, persons with significant disabilities between the ages of twenty-one (21) and fifty-nine (59) who are neither employable nor able to live on their own shall be eligible to receive the services provided in this chapter. The size of the family, their income and the expenses related to services for persons with significant disabilities, shall be taken into consideration when determining eligibility.
Eligibility to receive services as provided by this chapter shall be determined according to such requirements provided in the regulations to be drafted by the Executive Committee and adopted by the overseeing agency, pursuant to § 884 of this title.
History —Aug. 6, 2008, No. 176, § 3, eff. July 1, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36E - Puerto Rico Act for Access to Essential Services for Persons Over the Age of 21 with Significant Disabilities (§§ 881 — 890) › § 884 - Executive Committee—Designation

An Executive Committee consisting of six (6) members is hereby constituted. The members’ positions shall be permanent. The Executive Committee shall be constituted by: one (1) representative appointed by the Administrator of the Vocational Rehabilitation Administration; one (1) representative appointed by the Secretary of the Department of the Family; one (1) representative appointed by the Executive Director of the Institute on the Developmental Deficiencies from the Graduate School of Public Health of the Medical Sciences Campus of the University of Puerto Rico; one (1) representative appointed by the Director of Assistive Technology Program of the University of Puerto Rico; one (1) representative from the Associate Secretary of the Special Education Department in charge of the Transition to Adulthood Program, appointed by the Secretary of the Department of Education; and one (1) member who shall represent the community, to be appointed by the other five (5) members in consensus. The persons designated to be part of this Executive Committee shall maintain their designations until they are discharged from their duties, in which case they shall remain in their positions until a successor takes office.
The Institute on Developmental Deficiencies of the University of Puerto Rico shall direct the works of the Executive Committee. The Institute on Developmental Deficiencies of the University of Puerto Rico shall have the following duties as steering body of the Executive Committee: to call the meetings of the Executive Committee; to identify and have the necessary human resources so as to develop the [Demonstration] Project; to provide the Executive Committee with the physical facilities, equipment and supplies to achieve the tasks assigned by this chapter; inform the Overseeing Agency on a monthly basis of the status of the development of the Project; to direct the works of the Executive Committee in order to attain the design of the [Demonstration] Project; and to serve as Advisor to the Overseeing Agency in the implementation of the [Demonstration] Project.
History —Aug. 6, 2008, No. 176, § 4; Dec. 10, 2010, No. 190, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36E - Puerto Rico Act for Access to Essential Services for Persons Over the Age of 21 with Significant Disabilities (§§ 881 — 890) › § 885 - Executive Committee—Duties and responsibilities

The Executive Committee shall create procedures for its internal operation and works.
The Executive Committee shall establish the parameters, concepts and regulations for the operation of the program which shall include, but not be limited to, the following areas: definition of services, eligibility criteria and requirements, service provider criteria, processes to educate families and consumers, criteria for the use of vouchers, disbursements of appropriated funds, penalties for non-compliance or misuse of assigned vouchers, a chart of benefits and monitoring processes to ensure effective compliance of what is provided in this chapter.
The Executive Committee shall establish the parameters and design the guidelines for the evaluation of the services provided pursuant to this chapter. The operation and works of the [Demonstration] Project shall be specifically evaluated.
The Executive Committee shall render a report, through the Overseeing Agency, to the Legislature after a year has elapsed upon the approval of this act. The report shall include all the actions taken by the Committee in compliance with what is set forth in this chapter.
History —Aug. 6, 2008, No. 176, § 5, eff. July 1, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36E - Puerto Rico Act for Access to Essential Services for Persons Over the Age of 21 with Significant Disabilities (§§ 881 — 890) › § 886 - Benefits

Eligible participants shall receive a voucher to pay for services for persons with disabilities, based on the needs of the individual and his/her family. Cases shall be evaluated individually, and the services for which the voucher should be used shall be selected in coordination with the family. Vouchers shall be issued as a benefit for each family or individual for the purpose of having access to services, without it being understood as a limitation, such as: personal assistance, assistive technology, home modifications, nutritional assistance, medical assistance, medical equipment and supplies, any kind of therapy which may include, but is not limited to, physical and occupational therapies, mental health services, transportation services, care, lodging and relief services, family counseling, social-recreational services or activities, and physical efficiency services, as set forth in the Regulations.
History —Aug. 6, 2008, No. 176, § 6, eff. July 1, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36E - Puerto Rico Act for Access to Essential Services for Persons Over the Age of 21 with Significant Disabilities (§§ 881 — 890) › § 887 - [Demonstration] Project

The Executive Committee, directed by the Institute on Developmental Deficiencies, shall design a [Demonstration] Project for rendering the services as provided in this chapter. The same shall be established in the area or areas in which, in the judgment of the members of the Committee, the conditions for the development of the Project exist. The selection of the area shall be based on the needs of the population with disabilities and the feasibility to offer services. The design of the Project shall provide services to at least one hundred (100) persons with severe disabilities in the areas selected.
The Executive Committee shall render a report, through the Overseeing Agency, to the Legislature after the first year of the implementation of the [Demonstration] Project has elapsed. The report shall include the evaluation of the services rendered and recommendations for the modification or extension of the [Demonstration] Project.
History —Aug. 6, 2008, No. 176, § 7, eff. July 1, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36E - Puerto Rico Act for Access to Essential Services for Persons Over the Age of 21 with Significant Disabilities (§§ 881 — 890) › § 888 - Duties and responsibilities of persons with disabilities who receive funds and services pursuant to this chapter

The duties and responsibilities of the beneficiaries of the services pursuant to this chapter shall be consigned in the regulations that the Executive Committee may develop and that the Overseeing Agency may promulgate to such effects.
History —Aug. 6, 2008, No. 176, § 8, eff. July 1, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36E - Puerto Rico Act for Access to Essential Services for Persons Over the Age of 21 with Significant Disabilities (§§ 881 — 890) › § 889 - Evaluation of the services

Services offered and provided pursuant to this chapter shall be evaluated by consumers and the Executive Committee. The Executive Committee shall establish the parameters for the design of guidelines for the evaluation of services by consumers. Services shall be evaluated after a year these services have been rendered.
History —Aug. 6, 2008, No. 176, § 9, eff. July 1, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 36E - Puerto Rico Act for Access to Essential Services for Persons Over the Age of 21 with Significant Disabilities (§§ 881 — 890) › § 890 - Evaluation of the initial project

For the purposes of assessing the effectiveness of the initial project so as to allow for the inclusion of any budgetary request in addition to the funds appropriated pursuant to this chapter, such request shall enclose a full evaluation of the services offered and the communities served. The evaluation shall include the needs for service all over Puerto Rico.
History —Aug. 6, 2008, No. 176, § 10, eff. July 1, 2009.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 37A - Multi-Sector Homeless Population Support Council (§§ 1006 — 1006h) › § 1006e - Council—Responsibilities

The Council shall be constituted within a term of sixty (60) days after the date of approval of this act and shall continue the proceedings of the Commission repealed herein. The Council shall have the following responsibilities and powers:
(a) To coordinate the implementation and establishment of interagency assistance to the homeless in each municipality with the Municipal Liaison Official, as well as with municipal consortiums which include adjacent and abutting municipalities.
(b) To adopt the necessary guidelines and regulations to devise a plan to provide accessible and proper housing for the homeless; such plan shall be devised by the municipal governments for the purpose of addressing the issues affecting the homeless in their respective jurisdictions. These plans shall be approved by the Municipal Legislature of each municipality and submitted to the Council for its approval and implementation through the Municipal Liaison Official for Interagency Homeless Assistance. These approved plans shall be reviewed every two years to temper the same with the results obtained in the services provided to the homeless.
(c) To conduct studies and/or collect data about the issues affecting the homeless population. These shall be evaluated and commented on by its members or by the organizations and institutions designated by its members for such purpose, in order to establish strategies and the action plan with the pertinent agencies and make adjustments to the action plan of the Council once a year. The Council must gather general and municipal statistics with the help of the Municipal Liaison Official for Interagency Homeless Assistance regarding the services rendered, the population served, statistics by gender, age, level of schooling, alcoholism, mental patients, drug addiction, chronic diseases, and other available epidemiologic data, among others, and explain the annual results for the Council’s evaluation.
History —Sept. 27, 2007, No. 130, § 7; Dec. 10, 2010, No. 191, § 6; renumbered as § 8 on Feb. 18, 2011, No. 8, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 37A - Multi-Sector Homeless Population Support Council (§§ 1006 — 1006h) › § 1006f - The Homeless Population Program and Service Liaison and Coordination—Functions

The Homeless Population Program and Service Liaison and Coordination Office (the Office) shall be responsible for discharging the following functions for the general operation of the Council:
(a) To coordinate the meetings of the Council and its work committees.
(b) To prepare and keep the official documents of the Council.
(c) To keep an agenda of the activities of the Council.
(d) To act as custodian of the records, projects and general works of the Council.
(e) To integrate statistical data and the reports available in Puerto Rico regarding homeless persons.
(f) To act as liaison and to articulate programs relative to the purposes of this chapter.
(g) To provide information to the communications media and the general population about the plans to provide for accessible and adequate housing for all homeless persons.
(h) To work in close coordination with Council members and to support them, in order to develop activities as delegated by this chapter and other related activities.
(i) To provide orientation and educate and sensitize the general population about the needs of homeless persons, the plans to provide accessible and adequate housing established in Puerto Rico, and the existing services, among others.
(j) To provide orientation and to refer homeless persons as regards the rights that protect them, as well as the services and housing modalities available.
History —Sept. 27, 2007, No. 130, § 8, renumbered as § 9 on Feb. 18, 2011, No. 8, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 37A - Multi-Sector Homeless Population Support Council (§§ 1006 — 1006h) › § 1006f-1 - The Homeless Population Program and Service Liaison and Coordination—Executive Director; functions

The Executive Director of the Homeless Population Program and Service Liaison and Coordination Office shall have the following duties:
(a) To have all the powers and duties as assigned by the Council.
(b) To be responsible for the implementation of the public policy and the general supervision of the operational phases of the Council.
(c) To supervise the officers, employees, and agents of the Council.
(d) To manage the Office of the Council.
(e) To coordinate the duties of the Municipal Liaison Officials.
(f) To provide trainings to the Municipal Liaison Officials.
(g) To collect statistical data.
(h) To serve as liaison with the pertinent government agencies regarding new programs and benefits, to provide instructions, and design policies for implementation with the Municipal Liaison Officials.
(i) To present annual reports before the Council.
(j) To design strategies geared to obtaining federal and state funds as well as from private companies.
History —Sept. 27, 2007, No. 130, added as § 9 on Dec. 10, 2010, No. 191, § 7; renumbered as § 10 on Feb. 18, 2011, No. 8, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 37A - Multi-Sector Homeless Population Support Council (§§ 1006 — 1006h) › § 1006f-2 - Municipal Liaison Official for Interagency Homeless Assistance—Duties

(a) To coordinate with the Council the services to be provided to the homeless in the municipality.
(b) To implement and diffuse the public policy set forth in this chapter in the assigned municipality.
(c) To devise a work plan taking into account preventive aspects.
(d) To attend the trainings offered by the Council.
(e) To collect statistical data.
(f) To serve as liaison with the pertinent government agencies regarding programs and benefits, give instructions, and design policy for implementation in their respective municipalities, as provided by the Council.
(g) To present annual reports to the Council.
(h) To cooperate with the Council in designing strategies geared to obtaining federal and state funds, as well as from private companies.
History —Sept. 27, 2007, No. 130, added as § 10 on Dec. 10, 2010, No. 191, § 8; renumbered as § 11 on Feb. 18, 2011, No. 8, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 37A - Multi-Sector Homeless Population Support Council (§§ 1006 — 1006h) › § 1006h - Conflicts

Any provision inconsistent with this chapter shall be amended by the same.
History —Sept. 27, 2007, No. 130, added as § 15 on Dec. 10, 2010, No. 191, § 12; renumbered as § 16 on Feb. 18, 2011, No. 8, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 37B - Act for the Rendering of Services to Homeless Persons (§§ 1007 — 1010) › § 1007 - Obligation

(a) Every department, agency, public corporation and instrumentality of the Government of Puerto Rico that renders services, relates to or intervenes with homeless persons shall be under the obligation to develop a service protocol for the homeless. The service protocol shall be developed in harmony with the organic act of said department, agency, public corporation and instrumentality and pursuant to the Bill of Rights of the Constitution.
(b) Every department, agency, public corporation and instrumentality of the Government of Puerto Rico that renders services, relates to or intervenes with homeless persons shall submit said service protocol to the Department of the Family in a term not to exceed one hundred and eighty (180) days as of the approval of this act.
History —Dec. 14, 2007, No. 199, §§ 2, 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 37B - Act for the Rendering of Services to Homeless Persons (§§ 1007 — 1010) › § 1008 - Ad Hoc Committee; review and approval of protocols

(a) Commission for the Implementation of the Public Policy on Homeless Persons of the Department of the Family and the Civil Rights Commission shall be responsible for the creation of an Ad Hoc Committee constituted by seven (7) members distributed as follows: one (1) member representing the Commission for the Implementation of the Public Policy on Homeless Persons; two (2) members representing nonprofit organizations that render services directly to the homeless; two (2) member representatives who are homeless or who have had the experience of being homeless; one (1) member representing the Civil Rights Commission; and one (1) member representative of the public sector. The homeless persons shall be designated by the Commission for the Implementation of the Public Policy on Homeless Persons and the persons who represent the nonprofit organizations shall be designated by the Civil Rights Commission as well as the representative of the public sector. The Ad Hoc Committee may request advisory services from government officers and private entities when revising the protocols.
(b) Once the services protocol has been referred, the Ad Hoc Committee shall review and approve the same. In a term not greater than one hundred and eighty (180) days, the recommendations and/or approval of the protocol(s) shall be notified to the departments, agencies, public corporations and instrumentalities.
(c) The Commission for the Implementation of the Public Policy on Homeless Persons, represented by the Ad Hoc Committee, shall be responsible for reviewing and approving the service protocols presented by the departments, agencies, public corporations and instrumentalities of the Government of Puerto Rico within a term not greater than one hundred and eighty (180) days as of the filing thereof before the Commission. The Ad Hoc Committee shall design the guidelines for the preparation of the service protocols of the instrumentalities of the Government and shall offer orientation and technical assistance to the entities that request it. The Commission for the Implementation of the Public Policy on Homeless Persons shall be responsible for the disclosure of the Service Protocol Preparation Guidelines to all government instrumentalities.
History —Dec. 14, 2007, No. 199, §§ 4–6.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 37B - Act for the Rendering of Services to Homeless Persons (§§ 1007 — 1010) › § 1009 - Notification, training; publication

(a) Once the services protocol has been approved by the Ad Hoc Committee, every department, agency, public corporation and instrumentality of the Government of Puerto Rico shall be responsible for notifying all officers of its existence. It shall be the responsibility of every agency and instrumentality of the Government of Puerto Rico to train its personnel on the use and implementation of the services protocol. The trainings shall be offered by persons knowledgeable in the rendering of services to homeless persons. These trainings shall include, but shall not be limited to sensitivity skills to attend to the homeless. The trainings shall be completed in a term not to exceed one hundred and eighty (180) days as of the approval of the Service Protocol by the Commission for the Implementation of the Public Policy on Homeless Persons.
(b) Every department, agency, public corporation and instrumentality of the Government of Puerto Rico that renders services, relates to or intervenes with homeless persons shall be under the obligation to publish the existence of the services protocol in a visible place. Said document shall be available for inspection by the public in all facilities, be it through electronic means, the Internet or publications or posters.
History —Dec. 14, 2007, No. 199, § 7, 8.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 37B - Act for the Rendering of Services to Homeless Persons (§§ 1007 — 1010) › § 1010 - Ethical fault

Every officer or public servant who fails to observe any of the provisions of this chapter shall incur an ethical fault in accordance to the provisions of subsections (a) and (b) of § 1822 of Title 3, known as the “Government Ethics Act”, and shall be punished pursuant to the same.
History —Dec. 14, 2007, No. 199, § 9.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 38 - Contracts with Government for Social Assistance (§§ 1011 — 1018) › § 1011 - Purpose

(a) Generally.— The purpose of this chapter is to authorize the Government of the Commonwealth of Puerto Rico, its agencies, and instrumentalities to operate programs designed for:
(1) The administration and rendering of social and economic services by means of the establishment of contracts with community charity, religious, or private organizations, and
(2) to provide, in certain cases, assistance, under social and economic programs by means of certificates or other forms and disbursements that are redeemable with such organizations.
(b) Programs that qualify.— It shall be understood that the following programs shall qualify to compete for funds to provide social and economic assistance:
(1) Any social assistance program for prevention and against social problems, such as juvenile delinquency, use and abuse of controlled substances and alcohol, child or elderly abuse, domestic violence, unemployment, adolescent pregnancies, child care, and any other social service program for which the recipient of the benefits shall have qualified if same had requested assistance directly from the Government.
History —May 16, 2003, No. 131, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 38 - Contracts with Government for Social Assistance (§§ 1011 — 1018) › § 1012 - Community, charity, and religion-based organizations

The purpose of this chapter is to allow the Government of the Commonwealth of Puerto Rico to establish contracts with community, charity, and religion-based organizations, and to allow such organizations to receive certificates or other forms of disbursements under any program described in § 1011(b) of this title under the same basis as with any non-government provider, regardless of the religious character of such an organization, and without minimizing the religious freedom of the assistance beneficiaries that are under such programs.
History —May 16, 2003, No. 131, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 38 - Contracts with Government for Social Assistance (§§ 1011 — 1018) › § 1013 - Nondiscrimination policy

If the Government, its agencies, or its instrumentalities exert their authority under § 1011 of this title, the religious organizations are eligible under the same basis as any other private organization as contractors to provide assistance, or to accept certificates, or any other form of disbursement, under the programs described in § 1011(b) of this title, as long as the implemented programs are consistent with the separability clause of the Constitution. The Government of the Commonwealth of Puerto Rico shall not discriminate against an organization that requests to participate as a contractor to provide assistance, or to accept certificates and other forms of disbursement strictly on the basis of the religious nature of said organization.
History —May 16, 2003, No. 131, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 38 - Contracts with Government for Social Assistance (§§ 1011 — 1018) › § 1014 - Religious nature and freedom

(1) Religious organizations.— A community, charity, or religion-based organization having a contract with the Government of the Commonwealth of Puerto Rico, its agencies, or its instrumentalities shall maintain its freedom from the Government, including its control over the definition, development, practice, and expression of its religious beliefs.
(2) Additional safeguards.— The Government of the Commonwealth of Puerto Rico shall not require community, charity, or religious organizations to do any of the following:
(a) To alter their internal government, or
(b) to remove religious art, sculptures, or other symbols to be eligible to establish contracts with the Government to provide assistance, accept certificates, or other forms of disbursements for a program established pursuant to § 1011(b)(1) of this title.
History —May 16, 2003, No. 131, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 38 - Contracts with Government for Social Assistance (§§ 1011 — 1018) › § 1015 - Rights of assistance beneficiaries

(1) In general.— If a benefits recipient pursuant to this chapter has any objection regarding the nature of the community, charity, or religious-based organization from which it receives or may receive assistance, the Government shall provide said individual, if eligible for such assistance, within a reasonable term after the objection is made, with assistance from an alternate provider accessible to the beneficiary, the value of said assistance not being less than that of the assistance said individual may have received from that organization. Entities providing services pursuant to this chapter cannot discontinue or lessen such services on the basis of differences of criteria or beliefs from those of the beneficiaries. Such entities shall be compelled to guarantee continuity or substitution of services or benefits when the beneficiary so requests, because the criteria or beliefs of same are different from or incompatible with those of the providing entity.
(2) All Government agencies are hereby directed to establish a protocol to disseminate information, educate and provide orientation about the resources and assistance available, pursuant to subsections (1) and (2) of Section 1, to every community and faith based group and organization that seek social and economic assistance. Said protocol shall contain, without this being construed as a limitation, a set of regulations to be followed for soliciting the funds for providing social and economic assistance, a program for disclosing information on the funds available for each fiscal year which shall include the design of an informative flier to be accessible to the public in every government agency and as a page in the Internet. It shall also contain all the information to provide general education and orientation related to the funds and how to apply for them. Every agency shall have a term of sixty (60) days as of the date of approval of this act to establish its protocol.
(3) All government agencies are hereby directed to make available to the public in a visible place a copy of this chapter.
(4) Individuals.— An individual, as described in this subsection, is a person who receives or requests assistance under a program described in § 1011(b)(1) of this title.
(5) None of the dispositions set forth herein may be understood as an authorization of the Legislative Assembly for the substitution of the rendering of professional services by [unskilled] persons, or by persons that are not admitted to the practice of their profession for the rendering of services, if so required by the quality standards of said profession.
History —May 16, 2003, No. 131, § 5; Aug. 25, 2005, No. 73, §§ 1–3, eff. 60 days after Aug. 25, 2005.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 38 - Contracts with Government for Social Assistance (§§ 1011 — 1018) › § 1016 - Nondiscrimination

A community, charity, or religion-based organization participating in any program under this chapter shall not discriminate against any individual, shall not cease to render services and to provide assistance under any of the programs described herein on the basis of his/her religion, religious beliefs, or because same refuses to actively participate in the religious activities of his/her provider. The organization shall not use its advantageous position as administrator of the provided assistance to coerce the individual, explicitly or implicitly, into joining the religion or cause promoted by the organization.
History —May 16, 2003, No. 131, § 6.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 38 - Contracts with Government for Social Assistance (§§ 1011 — 1018) › § 1017 - Fiscal responsibility

(1) Generally.— Any community, charity, or religion-based organization contracted to provide assistance under any of the programs described in § 1011(b)(1) of this title shall be subject to the same regulations that apply to private entities that establish contracts with the Government to be accountable for the use of funds provided under same, pursuant to the generally accepted auditing standards. All organizations contracted to receive assistance or funds by virtue of the dispositions set forth in this chapter shall be compelled to maintain a detailed accounting system of the income and expenses of the public funds received. Also, same shall render an annual report no later than December 31 of each year to the department or agency with jurisdiction over the programs included in § 1011(b)(1) of this title set in effect by the private organizations authorized by this chapter. Said report shall contain the information that the Management and Budget Office, created by virtue of §§ 101–109 of Title 23, sets forth by means of regulation. The Management and Budget Office shall also set forth by regulation the minimum criteria and dispositions to be included in every contract granted to private organizations.
(2) Limited audits.— All organizations that receive funds pursuant to this chapter shall segregate said government funds into accounts held separately from other funds of private nature, for the former to be audited pursuant to the dispositions set forth in subsection (1) of this section. The Office of the Comptroller of the Commonwealth of Puerto Rico shall have jurisdiction to audit all public funds received by private organizations. If the private organization has not kept separate accounts, pursuant to the dispositions set forth in this chapter, the Office of the Comptroller shall have jurisdiction to audit all the financial activities of said private organization.
History —May 16, 2003, No. 131, § 7.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 38 - Contracts with Government for Social Assistance (§§ 1011 — 1018) › § 1018 - Limitation

The funds received by organizations for the promotion of their services pursuant to this chapter shall not be used for activities geared toward the advancement of a certain religion or credo, nor for sectarian religious instruction or [proselytizing] activities.
Any entity that receives funds or resources pursuant to this chapter, and which incurs in fiscal conduct that is contrary to the limitations set forth herein, shall be compelled to return the total amount of funds or resources that were apportioned to same for the fiscal year in which the existence of a breach of these prohibitions is determined.
History —May 16, 2003, No. 131, § 8.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 39 - Volunteerism (§§ 1025 — 1037) › § 1025 - Concept of volunteerism

(a) For the purposes of this chapter, volunteerism is understood to be the recruiting of citizens freely and voluntarily to participate in social interest or community activities, with no obligation other than mere civic duty and no remuneration whatsoever, provided said participation exists within the scope of public or private entities. Isolated or sporadic volunteer acts rendered without having anything to do with public or private entities, or for the sake of family, friendship or good Samaritan reasons are hereby excluded.
(b) Voluntarism [sic] shall in no case mean the displacement of persons who perform a compensated task or duty in the referred entities with volunteers, nor shall it limit the creation of compensated employment by said entities or represent any sort of obstacles.
History —Sept. 8, 2004, No. 261, § 3, eff. 90 days after Sept. 8, 2004.