reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 1C - Certification of Plans (§§ 73 — 75a) › § 73e - Exceptions

(a) In those cases in which one of the following causes occurs at the moment that the certified plans and documents are submitted for approval, the agency must check and review them before proceeding to approve the works:
(1) When the certifying professional had previously been guilty of faults or violations of the applicable laws and/or regulations for the certification of projects.
(2) When the certifying professional is the object of an administrative or legal proceeding for alleged violations of §§ 73—73 l of this title, or of the act which regulates the practice of his profession.
(b) In those cases in which the agency delays approval due to one of the causes expressed in this section, said agency shall notify him of the grounds for the delay, in writing, on or before ten (10) days.
History —July 19, 1985, No. 7, p. 625, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 1C - Certification of Plans (§§ 73 — 75a) › § 73f - Supervision and inspection of works

(a) The architect or engineer who supervises or inspects the works, or the construction official or his representative, shall reject works which are not in conformity with the certified plans and specifications, which were approved and endorsed by the agency, and may file complaints pursuant to the provisions of §§ 73—73 l of this title.
(b) Any construction work, covered by the provisions of §§ 73—73 l of this title, which according to regulations is required to be under the inspection of a licensed engineer or architect, must meet the regulatory provisions. The engineer or architect who inspects the works shall file a written certification with the agency, upon the completion of the construction, stating that it was inspected by him and that it complied with the terms of the permit granted in accordance with the certified plans. The agency shall file a copy of the certification as part of the record, plans and documents subject to the approval issued by virtue of § 73c of this title. Due to the periodic nature of the inspection, the certification must respond to the frequency and intensity with which it is carried out, which shall never be inferior to what is required by this chapter or the regulations authorized hereunder. The contractor or constructor, or their employees, shall not certify the inspection of a work constructed by them.
(c) The contractor or constructor, under whose direction the works were carried out, shall present a sworn certification to the agency concerned, guaranteeing that it was carried out in accordance with the plans and specifications for which the construction permit was granted.
History —July 19, 1985, No. 7, p. 625, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 1C - Certification of Plans (§§ 73 — 75a) › § 73h - Penalties—Noncompliance in the certification process

Any professional who voluntarily or through gross negligence gives false information; or the design of the work does not comply with the law and regulations; or indicates facts, or dimensions that are not true or correct; or supplies false information or facts to the agency; or withholds information when submitting a certificate in order to have the endorsement or approval issued to him, shall be guilty of a misdemeanor, and upon conviction, a fine of not less than six hundred dollars ($ 600), nor more than one thousand dollars ($ 1,000), or imprisonment for a term of not more than six (6) months, or both penalties, shall be imposed at the discretion of the court. The court shall also have discretion to establish, in view of the offense, the term during which said person shall be barred from submitting certifications for the purposes of §§ 73—73 l of this title.
If the person is convicted of the offense established herein more than once, he shall be barred permanently from submitting certifications for the purposes of §§ 73—73 l of this title.
History —July 19, 1985, No. 7, p. 625, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 1C - Certification of Plans (§§ 73 — 75a) › § 73i - Penalties—Noncompliance during construction

(a) Any person who, without due authorization from the pertinent agency or through gross negligence, alters the construction of a work in such a manner that it varies from the plans or documents, or the project, as it was professionally certified pursuant to the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction, a penalty of imprisonment of not less than one (1) month, or more than six (6) months, or a fine of not less than six hundred dollars ($600), or more than one thousand dollars ($1,000), or both penalties, shall be imposed at the discretion of the court.
(b) If, as a result of the conduct stated in § 73h of this title or subsection (a) of this section, slight physical injury occurs, the person causing it shall be guilty of a misdemeanor, and upon conviction, a penalty of imprisonment of not less than one (1) month, or more than six (6) months, or a fine of not less than five thousand dollars ($5,000), or more than ten thousand dollars ($10,000), or both penalties, shall be imposed at the discretion of the court.
(c) If, as a result of the conduct stated in § 73h of this title or subsection (a) of this section, grave physical injury or the death of a human being occurs, the person causing them shall be guilty of a felony and upon conviction, a penalty of imprisonment of not less than one (1) year, or more than five (5) years, or a fine of not less than five thousand dollars ($5,000), or more than twenty-five thousand dollars ($25,000), or both penalties, shall be imposed at the discretion of the court.
(d) The provisions of §§ 73–73 l of this title do not limit the provisions of the acts that regulate the architectural or engineering professions, as well as those of any trade, with regard to disciplinary action for violations thereof, regardless of any criminal action prosecuted under §§ 73–73 l of this title. The court shall notify the Engineers and Surveyors Association of Puerto Rico, the Architects Association, the Examining Boards of Engineers, Architects, Surveyors and Landscape Architects, or any administrative entity concerned, of any sentence handed down for violations of §§ 73—73 l of this title.
(e) The contractor or constructor of the works shall be obliged to carry out alterations and reconstructions, or restore its design in conformity with the certified plans approved as required by the government bodies of the Commonwealth of Puerto Rico concerned, to correct construction defects or flaws, or deviations from the design established in the approved certified plans which may have been constructed in violation of the authorization granted, and the applicable regulations.
History —July 19, 1985, No. 7, p. 625, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 1C - Certification of Plans (§§ 73 — 75a) › § 73k - Penalties—Duty to inform

Whenever the agency concerned establishes responsibility for the violation of §§ 73—73 l of this title by any professional who certifies a work, whether this determination is administrative or judicial, it shall inform the Architects Association, the Engineers Association and the Boards of Examiners of Engineers, Architects, Surveyors and Landscape Architects of the situation, and require it to take immediate pertinent action. The fact that no such notice was given does not release the certifying professional of his responsibility.
History —July 19, 1985, No. 7, p. 625, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 1C - Certification of Plans (§§ 73 — 75a) › § 73l - Exception for the Environmental Quality Board

The Environmental Quality Board, created by Act No. 9 of June 18, 1970, and the Department of Natural and Environmental Resources, are hereby exempted from the application of the provisions of §§ 73—73 l of this title regarding those cases in which locally applicable federal legislation establishes other requirements and provisions for the granting of permits, which are incompatible with §§ 73—73 l of this title.
History —July 19, 1985, No. 7, p. 625, § 13; Aug. 21, 1999, No. 296, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 1C - Certification of Plans (§§ 73 — 75a) › § 75 - Labeling of streets

All urban development builders, including commercial, industrial and institutional builders, and simple subdivision developers are hereby required to place sign posts bearing the names or numbers of the streets of each finished project, prior to the delivery of structures or subdivisions.
History —Feb. 13, 1998, No. 39, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 1C - Certification of Plans (§§ 73 — 75a) › § 75a - Adoption of regulations

The Executive Director of the Permit Management Office is hereby directed to adopt the regulations needed to meet the purposes of §§ 75 and 75a of this title.
History —Feb. 13, 1998, No. 39, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76 - Creation

The Commission for the Supervision of the Payment of Fees and the Cancellation of Stamps in Construction Works, hereinafter the “Commission,” which shall be attached to the Department of the Treasury of Puerto Rico, is hereby created.
History —Sept. 3, 2003, No. 249, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76a - Definitions

For purposes of this chapter, the terms listed below shall have the following meaning:
(a) Government agency.— Any department, board, body, public corporation, division, administration, bureau, authority, Commission, officer, person, entity, instrumentality or political subdivision of the Commonwealth of Puerto Rico. For purposes of this chapter, this term shall also refer to the municipalities.
(b) Contractor or builder.— Private sector natural or juridical person that executes construction works.
(c) Estimated cost of the works.— Appraisal of the value of the construction works; detailed breakdown by construction items in terms of amounts and partial costs of each of the parts of the complete works. Includes all the necessary items for the specific use of the works: such as labor, materials and equipment, whether the items are purchased or furnished directly by the owner or by means of contracts.
(d) Owner of the works.— Owner or titleholder of a real property, or the person thus authorized, who shall contract the construction works. Includes all government agencies that contract for the construction of works.
(e) Construction works.— Any construction, restoration, reconstruction, extension, alteration, or remodeling of buildings, structures, infrastructure facilities, as well as any segregation, subdivision, development or improvement of lands. The term includes all machinery, equipment and ancillary installations needed to give a specific use to the works.
(f) Finished works.— A fully completed construction work accepted by the owner thereof which contains and exhibits all that is needed for its specific use.
(g) Licensed professional.— Natural person authorized to engage in the professional practice of architecture, landscape architecture, surveying or engineering in the Commonwealth of Puerto Rico, pursuant to the provisions of §§ 711—711z of Title 20, known as the “Puerto Rico Board of Examiners of Engineers, Surveyors, Architects and Landscape Architects”, who holds a license issued by the corresponding Board of Examiners.
(h) Construction project.— Any construction works to be executed according to a blueprint signed and sealed by a licensed professional. Includes land development for urbanizations.
(i) Cost of the works.— Total cost of the execution of each part of the work incurred by the owner of the same. Includes the direct costs of all contracts and the construction items needed to give the works their specific use, whether purchased or furnished by the owner of the works, using the real market value of each item as criteria. Fees and other professional service costs, land and easements purchase costs, and administrative and financing costs are hereby excluded.
History —Sept. 3, 2003, No. 249, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76b - Composition

The Commission shall be composed of five (5) members, to wit:
(1) The Secretary of the Treasury or his/her designated representative.
(2) The Secretary of Justice or his/her designated representative.
(3) The Executive Director of the Permit Management Office or his/her designated representative.
(4) The President of the College of Engineers and Surveyors of Puerto Rico or his/her designated representative.
(5) The President of the College of Architects and Landscape Architects of Puerto Rico or his/her designated representative.
Provided, That the designated representatives shall have full power and authority to represent the official member in the determinations of the Commission. The official members shall meet at least once every year.
History —Sept. 3, 2003, No. 249, § 4; May 25, 2005, No. 12, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76c - Powers and duties

The Commission shall have the following powers and duties:
(a) To require and obtain from government agencies, as well as any natural or juridical person, all pertinent and necessary information to comply with its work, and all other information needed to verify whether or not the payments of the fees and the cancellation of the stamps have been made in the projects and construction works.
(b) To study, direct and advise and file recommendations to the Secretary of the Treasury as well as to the government agencies concerned and the general public regarding this chapter.
(c) To report on the work performed and the progress of the tasks as required by the heads of the agencies and institutions that comprise the Commission.
(d) To contract the specialized technical and administrative personnel needed for the faithful compliance of its functions and responsibilities.
(e) To adopt such standards, rules and procedures that are necessary to comply with its functions, pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”. The standards, rules and procedures adopted by the Commission shall provide for the imposition of administrative fines in case of noncompliance, pursuant to the provisions of § 76n of this title.
(f) To require the appearance of any government agency, as well as of any natural or juridical person, when deemed appropriate and pertinent, in order to gather information and data relevant to the Commission’s entrusted duties.
(g) To make on-site visits to projects and construction works, in process or finished to verify compliance with the obligation to make payments of fees and cancellation of stamps.
(h) To refer to the corresponding professional colleges, any act that entails noncompliance of the cancellation of stamps for the pertinent disciplinary action to be taken against the professional responsible for it.
(i) In those cases that the Commission determines the existence of noncompliance with the obligation to pay fees or cancel stamps, it shall require the corresponding government agency to initiate the procedures for revocation of previously issued permits, authorizations or certifications.
(j) To refer to the Secretary of Justice any act of noncompliance with the obligation to make the corresponding payment of fees and the cancellation of stamps for the Secretary to initiate the pertinent legal action.
History —Sept. 3, 2003, No. 249, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76d - Organization

The Commission members shall elect a chairperson and a secretary, who shall act as officers of the Commission. The chairperson shall be the main executive official and the secretary shall be the custodian of the official documents.
The procedures for the election of the officers, the duration of terms, and the operation and administration of the Commission shall be adopted by regulations, pursuant to the powers granted in subsection (e) of § 76c of this title. The Commission shall reach agreements by a majority of the total number of its members. The Commission shall hold monthly meetings and additional meetings as deemed necessary. Half plus one of its members shall constitute quorum.
History —Sept. 3, 2003, No. 249, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76e - Operating budget

The Commission shall approve its operating budget annually, which shall be financed through a fund that shall be nourished with contributions from the professional associations. The professional associations shall contribute to the fund in proportion to the income from sale of stamps at a rate of eighty (80) percent from the College of Engineers and Surveyors and twenty (20) percent from the College of Architects and Landscape Architects.
History —Sept. 3, 2003, No. 249, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76f - Construction project

On every construction project submitted to a government agency for approval, an Internal Revenue voucher shall be attached to every construction blueprint and its amendments, and professional stamps issued in the required amount in consideration of the estimated cost of the works, shall be cancelled. Along with the submission of the blueprints, the licensed professional shall submit the estimated cost of the work. The licensed professional shall be responsible for the cancellation of the corresponding stamps. The owner of the work shall pay the fees through an Internal Revenue voucher. No government agency shall approve or deem any construction blueprints as valid if the corresponding Internal Revenue voucher and the cancelled stamps are not attached to it, as provided by law.
For all public works construction projects subject to bid, in which the stamps have not been cancelled, the contractor shall be bound to cancel the stamps according to the total of the contract. If the stamps have been cancelled according to the estimated cost of the works, and if the estimated cost is less than the amount of the contract, the contractor shall be bound to cancel the additional stamps to meet the difference. It shall be the duty of the chief or officer in charge of each government agency that owns the public work to require the contractor to the [sic] cancel the required stamps at the moment that the construction contract is signed.
History —Sept. 3, 2003, No. 249, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76g - Finished work

For every construction work whose value exceeds its estimated cost, the corresponding additional payment of fee and the canceling of stamps for the difference in said cost shall be made.
It shall be the responsibility of the contractor to pay the additional fees and cancel the additional stamps for the corresponding amount if the value of the construction contract and the amendments is greater than the estimated cost of the work.
The owner of the work shall be responsible for the payment of the fees and the canceling of the stamps if the final value of the works is higher than the estimated cost or the sum of the construction contract and its amendments. In the case of public works, the government agency that owns the works shall require the contractor to cancel the stamp required for the construction contract and its amendments.
The owner of the finished work shall notify the total amount of the cost of the works to the government agency concerned by means of a sworn statement.
History —Sept. 3, 2003, No. 249, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76h - Return

The payment of the fee and canceling of the stamp shall be made upon submitting the construction blueprints to the pertinent government agency for approval. Payments for the fees and stamps shall not be refundable if the construction work is not performed or if the value of the finished work is less than the estimated cost.
History —Sept. 3, 2003, No. 249, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76i - Notice—[Presentation] of projects

Every government agency concerned shall be bound to notify the Commission of every construction projects [sic] presented to it in the designated manner within thirty (30) days after the date of approval. The notification shall include a copy of the construction permit or other legal permit issued, the estimated cost of the works as submitted, and evidence of the amount paid for fees and canceling of stamp. In those cases of works subject to bid, the entity that owns the works shall remit a copy of the bid award document and evidence of the amount paid for the canceling of stamps to the Commission.
History —Sept. 3, 2003, No. 249, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76j - Notice—[Issuance] of permits

Every government agency concerned shall be responsible for notifying the Commission of the granting of every use permit for every construction work within thirty (30) days following its date of issue. The notification shall include a copy of the construction permit or other legal authorization issued and evidence of the amount of the works, as well as the amount paid for fees and stamps. In the case of public works, the government agency that owns the works shall remit to the Commission a copy of the document of acceptance of the works, the construction contract and its amendments, and the certification of final payment, as well as proof of the amount paid for the canceling of stamps.
History —Sept. 3, 2003, No. 249, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76k - Requests for information

The Commission may request and obtain from the pertinent government agencies, as well as from every natural or juridical person, such information or pertinent data in order to verify if the fees and cancelled stamps required for a specific projects or construction work have been paid. Likewise, the Commission may require any representative of a government agency and any natural or juridical person to appear in any case that it deems pertinent, in order to obtain information it deems is necessary to comply with its functions.
In case of noncompliance of the request issued pursuant to the above paragraph, the Commission may request an order from the Court of First Instance to demand compliance with the its orders and requirements by the government agency or the natural or juridical person, as the case may be, under penalty of contempt for noncompliance with such requirement.
History —Sept. 3, 2003, No. 249, § 13.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76l - Insufficient payment

If the Commission finds that there is an insufficient payment of fees or canceling of stamps in any project or construction work, it shall notify the insufficiency to the parties concerned, who shall have a term of fifteen (15) days from the receipt of the notice to make the corresponding payment of fees and the canceling of stamps, as the case may be, before the government agency with jurisdiction. If any party does not agree with the finding of the Commission, it shall state its position in writing within the said term.
History —Sept. 3, 2003, No. 249, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76m - Failure to comply

In cases that the Commission determines there is noncompliance with the obligation to pay the fees and the canceling of stamps, it may resort to any of the following actions, as deemed necessary, pursuant to the powers set forth in § 76c of this title:
(a) Refer the case to the Secretary of Justice to initiate the pertinent civil, criminal or administrative action under law.
(b) Require the corresponding government agency to initiate the procedures regarding the revoking of previously issued permits, authorizations or certifications.
(c) Refer the case to the pertinent professional association for it to take the corresponding disciplinary actions against the professional responsible for the payment of the stamps.
History —Sept. 3, 2003, No. 249, § 15.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 2 - Commission for the Supervision of the Payment of Fees and Cancellation of Revenue Stamps in Construction Works (§§ 76 — 76n) › § 76n - Administrative fines

The Commission shall be empowered to impose administrative fines up to a maximum of five thousand dollars ($5,000) a day, for a maximum of thirty (30) consecutive days, on any person who fails to comply with the regulations or agreements of the Commission, adopted by virtue of the powers conferred to it by this law.
The procedures of the Commission, including the request to review administrative fines, shall be governed by the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
History —Sept. 3, 2003, No. 249, § 16.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 3 - Annual Budget (§§ 81-86a — 90-94) › § 87 - Special budget—Presentation

On the opening of each regular session of the Legislature of Puerto Rico, the Governor shall submit to it a special budget in which shall be stated all the expenses of the Commonwealth Government not included in the regular budget, and including payments for the public debt, which are to be paid from special taxes levied by laws of the Legislature of Puerto Rico or from other sources of income.
History —May 4, 1933, No. 41, p. 286, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 3 - Annual Budget (§§ 81-86a — 90-94) › § 88 - Special budget—Estimates; form of appropriations

Together with the plan of the budget for special expenses and for payments on the public debt, the Governor shall submit:
(a) An estimate of the income to be obtained from the sources of income or from the special taxes levied by the Legislature of Puerto Rico to cover, during the year, the expenses of said special budget.
(b) The appropriations for these expenses shall be classified and grouped in the following order:
(1) Departments or dependencies of the Commonwealth Government.
(2) Divisions and subdivisions of the various departments or dependencies of the Commonwealth Government.
(3) Character and general object of the expenses.
(4) Any other expense for works or services to be carried out, following the same plan described for the appropriations for ordinary expenses.
History —May 4, 1933, No. 41, p. 286, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 3 - Annual Budget (§§ 81-86a — 90-94) › § 89 - Special budget—Reports and statements

The Secretary of the Treasury of Puerto Rico shall request of, and obtain from, the heads of departments and dependencies of the Commonwealth Government all reports and statements which in his opinion should be rendered in connection with these special budgets, which shall serve as a basis for the special budget of appropriations for the consideration and approval of the Legislature of Puerto Rico.
History —May 4, 1933, No. 41, p. 286, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4 - Management and Budget Office (§§ 101 — 110) › § 101 - Short title

This act shall be known as the “Management and Budget Office Organic Act”.
History —June 18, 1980, No. 147, p. 645, § 1; Aug. 3, 1995, No. 110, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4 - Management and Budget Office (§§ 101 — 110) › § 102 - Creation

(a) The Office of Management and Budget attached to the Office of the Governor, is hereby created as an advisory and auxiliary body to assist the Governor in the performance of his directive and administrative functions and responsibilities. Said Office shall be under the direction of a Director appointed by the Governor, who shall discharge his office at the will of the Chief Executive. The salary of the Director shall be fixed by the Governor. Office expenses, including the salaries of the Director and other personnel, shall be included yearly in the Budget Joint Resolution.
(b) The Office shall be deemed an Individual Administrator for the purposes of the administration of its personnel, pursuant to the provisions of the Puerto Rico Public Service Personnel Act, Act No. 5 of October 14, 1975. The Director shall select and appoint the professional, technical, secretarial and clerical personnel he/she deems necessary to fulfill the purposes of this chapter; and shall determine their qualifications, requirements, functions and duties pursuant to the provisions of said Public Service Personnel Act. The Director may contract the services of firms and professionals, technicians, consultants, auditors and others he/she deems necessary to discharge his/her functions and perform such studies, investigations and analyses he/she may deem necessary, or that are commissioned or requested by the Governor or the Legislature.
(c) The Director shall be empowered to establish the organizational framework of the Office he/she deems necessary to comply with the purposes of this chapter.
History —June 18, 1980, No. 147, p. 645, § 2; Aug. 3, 1995, No. 110, § [4]
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4 - Management and Budget Office (§§ 101 — 110) › § 105 - Recommendations on revenue

If in a given fiscal year, the total revenue figured on the basis of the laws in force, plus the resources or surpluses available for appropriation, were less than the expenses proposed, the Governor shall recommend new taxes, loans, or other pertinent action to the Legislature to deal with the estimated deficit. If the sum of all estimated revenues is greater than the proposed expenditures, the Governor shall make the recommendations which, in his judgment, best serve the public interest.
History —June 18, 1980, No. 147, p. 645, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4 - Management and Budget Office (§§ 101 — 110) › § 106 - Budgetary Fund—Creation

(a) A depositary fund of the Government of the Commonwealth, under the custody of the Secretary of the Treasury, is hereby authorized and created and shall be known as the “Budgetary Fund”.
(b) Commencing in fiscal year 95-96, the “Budgetary Fund” shall be capitalized annually by a sum of not less than one third of one percent (1 / 3 of 1%) of the total Joint Budget Resolution. As of fiscal year 1999-2000, said contribution shall be of an amount not less than one percent (1%) of the total net revenues of the preceding fiscal year. Furthermore, it is hereby ordered that as of fiscal year 1999-2000, all revenues that do not constitute net revenues of the General Fund that are not destined by law for a specific purpose, shall be covered into the Budgetary Fund. The Governor of Puerto Rico and the Director of the Office of Management and Budget, by his delegation, may order that an amount of said funds larger than that specified herein be covered into the Funds from any income of sources whenever he deems it convenient. The maximum balance of said Emergency Fund shall not exceed six percent (6%) of the funds appropriated in the Joint Resolution of the Budget for the year in which such resources are ordered to be covered into the Budgetary Fund.
(c) The Budgetary Fund shall be used to cover appropriations approved for any fiscal year in which the revenues available for said year are not sufficient to address the same, and to honor the payment of the public debt.
(d) The Governor and the Director of the Office of Management and Budget, through delegation of the latter, shall provide the financial resources to the agencies and public corporations, chargeable to the Fund, to meet the obligations of or disbursements by programs with contributions from the United States Government approved and pending receipt, for the payment of capital improvements projects under construction, while the appropriations become effective, and for the payment of determinations of the federal and Commonwealth courts.
(e) The Governor is hereby authorized to order the use of the Budgetary Fund’s resources that are needed to attend to such circumstances.
History —June 18, 1980, No. 147, p. 645, § 6; Aug. 18, 1994, No. 89, § 3; renumbered as § 8 and amended on Aug. 3, 1995, No. 110, §§ 7, 11; Aug. 20, 1997, No. 93, § 1; May 25, 2006, No. 106, § 1, eff. July 1, 2006.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4 - Management and Budget Office (§§ 101 — 110) › § 108 - Limitation on expenditures in election year

During the period comprised between July 1 of the year a general election is held, and the date the new officials elected in said general election are sworn into office, it shall be unlawful to incur expenses or obligations that exceed fifty percent (50%) of the budgetary appropriation of each item. The Secretaries and Directors of the agencies shall be directly responsible for any violation of this provision, which shall constitute a misdemeanor which is punishable by imprisonment for a term of six (6) months or a fine of five hundred dollars ($500), or both penalties, in the discretion of the court. Provided, however, That this limitation shall not apply to the Judicial Branch, the Legislative Branch, to any appropriation for matching federal funds which require an advance, the capital improvements programs, the payment of the public debt, the appropriations to the University of Puerto Rico, and the appropriations for specific legal purposes that do not constitute regular operating expenses.
History —June 18, 1980, No. 147, p. 645, § 8, renumbered as § 10 on Aug. 3, 1995, No. 110, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4 - Management and Budget Office (§§ 101 — 110) › § 109 - Succession and transfers

(a) The Budget and Management Office shall be the successor, for all ends and purposes, of the Bureau of the Budget created by Act No. 213 of May 12, 1942, amended, pursuant to the provisions of this chapter.
(b) All property or any interest therein, records, files, or those to be appropriated in the future, including surpluses, assets and debts of all types; obligations and contracts of any type; and licenses, permits and other authorizations shall be transferred to the Budget and Management Office to be used for the ends and purposes of this chapter.
(c) All personnel employed in the Bureau of the Budget upon the approval of and the effective date of this act shall be transferred to the Budget and Management Office. Said personnel shall retain all vested rights as of the effective date of this act, as well as the rights, privileges and obligations, and status in connection with any existing pension or retirement system or systems or savings and loan funds to which they may be affiliated.
History —June 18, 1980, No. 147, p. 645, § 9, renumbered as § 11 on Aug. 3, 1995, No. 110, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4 - Management and Budget Office (§§ 101 — 110) › § 110 - Definitions

For the purposes of interpreting and applying this chapter the following terms shall have the meaning stated below unless the context clearly indicates another meaning.
(a) Commission on Auditing.— Refers to the Governor’s Commission on Auditing, whose main purpose is to adopt the public policy for auditing results applicable to the bodies of the Executive Branch and government accounting norms.
(b) Commission on Information Systems.— Refers to the Governor’s Commission on Information Systems, whose main purpose is to adopt and implement a uniform public policy and the installation of systems in a coherent and articulate manner, and at the same time provide advisory services to the Governor, the Legislature and the government bodies themselves.
(c) Annual Auditing Plan.— Refers to the Annual Auditing Plan of the Executive Branch, whose purpose is to formulate and harmonize the internal auditing activities of the government agencies, the operational auditing of the Management and Budget Office in the agencies, and audits of results applicable to the Executive Office bodies.
(d) Office.— Refers to the Management and Budget Office.
(e) Director.— Refers to the official in charge of directing the Management and Budget Office.
History —June 18, 1980, No. 146, p. 679, added as § 14 on Aug. 3, 1995, No. 110, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4a - Bonds, Electronic Information Systems (§§ 111 — 111q) › § 111 - Design, acquisition and updating of computer systems

Provisions are hereby made for the design, acquisition and updating of computer systems, and for other related activities and projects in the various programs of the Government of Puerto Rico as itemized in § 111a of this title, for the purposes and subject to the conditions thus specified, pursuant to the provisions that regulate the disbursement of public funds.
History —Dec. 29, 1995, No. 259, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4a - Bonds, Electronic Information Systems (§§ 111 — 111q) › § 111a - Consignment of funds

In order to defray the expenditures needed to achieve the purposes of this chapter, the amount of one hundred and fifty million dollars ($150,000,000), shall be consigned in the custody of the Management and Budget Office, without a specific fiscal year, from the proceeds of the sale of the bonds issued under the provisions of this chapter, for the acquisition and development of computer systems in the programs of the Government of Puerto Rico, which will allow for the optimum use of its investments and resources in electronic information systems, develop Government interconnections, and provide for the establishment of a remote communications network, including, among other matters, related studies, the purchase and installation of computer and data processing equipment, the cost of developing applications and software, training, hardware, including, in all cases, those resources needed for agency personnel or consultants assigned to said projects and the costs needed for the issue. For these purposes, the Governor’s Commission on Information Systems, and the Planning Board, shall determine in consensus, the projects to be developed, the projects that shall benefit thereby and, if applicable, the terms and conditions for each distribution pursuant to the Mechanization Plan approved for each agency.
History —Dec. 29, 1995, No. 259, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4a - Bonds, Electronic Information Systems (§§ 111 — 111q) › § 111b - Issuance of bonds

The Secretary of the Treasury is hereby authorized to issue and sell, Commonwealth of Puerto Rico bonds once only or from time to time, for a principal amount which shall not exceed one hundred and fifty million dollars ($150,000,000), in order to cover the cost of the projects to be developed according to §§ 111 and 111a of this title, the cost of the sale of the bonds and notes issued in anticipation thereof and for any other expense needed with regard to the development of the Government Electronic Information Systems and Infrastructure.
History —Dec. 29, 1995, No. 259, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4a - Bonds, Electronic Information Systems (§§ 111 — 111q) › § 111c - Issuance of bonds—Authorization for related costs

Concerning the acquisition and development of the computer systems as itemized in this chapter and all pertinent expenditures, the Secretary of the Treasury is hereby authorized to pay all those costs incurred with regard to the [issuance] of bonds and notes authorized by this chapter. Any discounts, charges for pledges or syndication or any similar charges payable on account of the [issuance] of bonds and notes shall be included in the computation of the price or prices at which said bonds and notes may be sold, pursuant to the provisions of this chapter.
History —Dec. 29, 1995, No. 259, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 4a - Bonds, Electronic Information Systems (§§ 111 — 111q) › § 111d - Bonds

(a) The bonds to be issued from time to time under the provisions of this chapter, as well as any other details pertaining to these, shall be authorized through a resolution or resolutions to be adopted by the Secretary of the Treasury and approved by the Governor. Said bonds shall be designated as “Public Improvement Bonds for Government Electronic Information Systems and Infrastructure”.
(b) The bonds whose issue is authorized under the provisions of this chapter shall be dated, and shall mature on a date or dates which shall not exceed ten (10) years from their date or dates or average useful life as accepted in issues of this type, whichever is less; and they shall accrue interest at a rate or rates not to exceed the rate legally authorized at the moment said bonds are issued, and, at the discretion of the Secretary of the Treasury, may be redeemed before their maturity, may be sold with or without a premium, shall be of the denomination and in such a form, with interest coupons or registered or both, and shall be payable in those places in or outside of the Commonwealth of Puerto Rico and shall contain all those other terms or conditions authorized pursuant to § 111a of this title and the authorizing resolution or resolutions.
(c) The bonds authorized by this chapter may be sold all at once, or from time to time, at a public or private sale, and for such price or prices not below that legally established at the moment of their issue, as determined by the Secretary of the Treasury with the approval of the Governor which are most convenient for the best interests of the Commonwealth of Puerto Rico.
(d) When any official whose signature or facsimile thereof appears on any bond or coupon authorized by this chapter is no longer in office before the delivery of said bonds, said signature or facsimile thereof shall, nevertheless, be deemed valid and sufficient for all purposes as if the official had remained in office until said delivery. Furthermore, any bond or coupon may bear the signature or facsimile of those persons who at the moment of executing said bond are the officials who are properly qualified to sign it, but who, on the date of the bond issue, are not in office.
(e) Bonds issued according to the provisions of this chapter shall be deemed as negotiable instruments under the laws of the Commonwealth of Puerto Rico.
(f) Those bonds authorized by this chapter may be issued in the form of coupons or as registered bonds, or both, as determined in the authorizing resolution or resolutions, and provisions may be made for the registration of any bonds or coupons with regard to only the principal, and also regarding principal and interest, as well as for the reconversion of coupons into bonds of any of the bonds registered with regard to principal and interest.
History —Dec. 29, 1995, No. 259, § 5.