reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30 - Investment and Cooperative Development Fund (§§ 481 — 494) › § 486 - Gifts or contributions

Private corporations, trusts, international organizations, community or workers enterprises, regional cooperative enterprises or private entities, or natural persons may make donations or contributions to this Fund and shall be exempted from the payment of all type of taxation; or the payment of duties, excise taxes, permits, registrations; the payment of fees, excise taxes, internal revenue stamps and or vouchers related to the issuing of all types of public and private documents; payment of charges, fees, duties, internal revenue stamps and/or vouchers related to regarding the registration there in the Property Registry or any other public registry or government office.
History —Aug. 18, 2002, No. 198, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30 - Investment and Cooperative Development Fund (§§ 481 — 494) › § 488 - Operating policies

As part of the its operations, the Fund shall at least define and adopt the following policies, norms, and procedures:
(1) Operating budget of the Office of the Fund.
(2) Identification of the technical resources of the Fund for its operation and the evaluation of projects.
(3) Investment policies of the Fund.
(4) Eligibility criteria of projects.
(5) Policies and procedures for evaluation of projects.
(6) Policies on the management of projects, including investment mechanisms in approved projects and follow-up processes of the investment contemplated by the monitoring of projects, the rendering of managerial technical support and the adoption of measures for the control and protection of the investment.
(7) Responsibilities and functions of the Executive Director of the Office of the Fund.
In addition to executing investment agreements, the Fund may use its office and operating budget resources to provide managerial support to eligible cooperative enterprises. Said support may be through direct managerial support or through continuing education programs, both, in areas such as management, accounting, finances, and marketing.
History —Aug. 18, 2002, No. 198, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30 - Investment and Cooperative Development Fund (§§ 481 — 494) › § 489 - Conflicts of interest

No official, director, agent, or employee of the Commonwealth of Puerto Rico or its instrumentalities, the Fund or any cooperative shall have, direct or indirect, personal interest in any contract with the Fund, or in any eligible cooperative enterprise or in real or personal property to be used by, or in any eligible cooperative enterprise.
Any person who violates the provisions of this section shall be discharged from his/her office and upon conviction of a felony, shall be subject to a fine that shall not exceed five thousand dollars ($5,000), or imprisonment for a maximum term of five (5) years, or both penalties, at the discretion of the court.
History —Aug. 18, 2002, No. 198, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30 - Investment and Cooperative Development Fund (§§ 481 — 494) › § 490 - Operation and supervision

(a) Administration.— The Board shall be responsible for the administration and operation of the Fund and shall appoint an Executive Director who shall have the responsibility of administering the Office of the Fund, the processing of applications, analysis, and evaluation of the projects to be granted, on a daily basis.
(b) Regulations.— The Fund shall be subject to prudent and sound administration rules in harmony with its economic promotion and development nature, through the investment of capital in eligible cooperative enterprises. Said rules shall be defined through regulations expressly adopted for such purposes jointly with the Office of the Commissioner of Financial Institutions, the Public Corporation for Supervision and Insurance of Cooperatives, and the Insurance Commissioner. Notwithstanding the foregoing, the Fund and all other entities listed herein shall ascertain that the above-mentioned rules are consistent with the public policy set forth in this chapter and the policy formulated by the Governing Board of the Puerto Rico Cooperative Development Commission.
(c) Oversight.— The Fund shall be subject to the supervision and oversight of the Commissioner of Financial Institutions and the Public Corporation for the Supervision and Insurance of Cooperatives, who shall see to the compliance by the Fund with the provisions of the regulation described in subsection (b) of this section and with all other laws applicable to the Fund.
(d) An Administrative fine not greater than five thousand dollars ($5,000), may be imposed on any natural and/or juridical person who incurs violations of the provisions of this chapter or the regulations adopted thereunder, or who violates its orders or resolutions; and to any member of the Board, or any executive official, or employee thereof who is responsible for such violation.
(e) Secondary jurisdiction.— In view of the participation and investment of different cooperative entities in the Fund, the following regulatory entities shall have full access to the books and records of the Fund without impairing the provisions of subsection (b) of this section:
(1) The Public Corporation for the Supervision and Insurance of Cooperatives.
(2) The Insurance Commissioner.
(3) The Inspector of Cooperatives.
(f) Supervision of the Comptroller.— The moneys, funds, and credits contributed by the Government Development Bank to eligible cooperative enterprises, shall be subject to the supervision and audits made by the Office of the Comptroller of the Commonwealth of Puerto Rico pursuant to Art. III, Sec. 22 of the Constitution.
History —Aug. 18, 2002, No. 198, § 12; Aug. 10, 2008, No. 247, § 27, eff. Feb. 1, 2009.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30 - Investment and Cooperative Development Fund (§§ 481 — 494) › § 491 - Annual report

The Fund shall render an annual report to its members, to the Government Development Bank, to the Governor, and to the Legislature on all its operations and activities, no later than thirty (30) days following the date it is approved by the Board. The report shall include the following:
(1) A financial statement certified by a certified public accountant.
(2) An income and expense statement for the year corresponding to the report.
(3) Detailed statements on the investments made by the eligible cooperative enterprise Fund during the year.
History —Aug. 18, 2002, No. 198, § 13.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30 - Investment and Cooperative Development Fund (§§ 481 — 494) › § 492 - Annual assembly

The Fund shall hold an annual informative assembly of all the cooperatives within ninety (90) days following the close of its annual operations. In said assembly, the annual report indicated in Section 12 of this Act shall be rendered, and the representatives of the cooperatives shall be elected. In the event there are causes that prevent the holding of the assembly within said period, the Board may, by the consent of two thirds (2 / 3) of its members, defer the holding of the same for a maximum period of one hundred and twenty (120) days.
History —Aug. 18, 2002, No. 198, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30 - Investment and Cooperative Development Fund (§§ 481 — 494) › § 493 - Civil liability

Any natural or juridical person who obtains, requests, or attempts to obtain an investment by the Fund, for him/herself, or for an eligible cooperative enterprise, by means of a false statement on a material fact, or by omitting to consign a material fact needed to prevent that the statements made, under the circumstances said statements were made, lead to an error (the Fund not knowing its falsehood or omission), and does not sustain the burden of proof that he/she did not know and that by exercising reasonable prudence, could not have knowledge about the falsehood or omission, shall be liable to the Fund, that Fund may file suit to recover the moneys contributed, in addition to interest at the rate that applies to costs, and reasonable attorney fees plus interest at the rate applicable to court judgments, as provided by the regulations approved to such effects by the Finance Board created by §§ 2001 et seq. of Title 7, commencing on the date the Fund made the investment, reasonable costs and attorneys fees less the amount of any income received by the Fund derived from the investment agreement. The rights and remedies provided by this section are in addition to any rights of remedies that the Fund may have, pursuant to the provisions of other applicable legal provisions.
History —Aug. 18, 2002, No. 198, § 15.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30 - Investment and Cooperative Development Fund (§§ 481 — 494) › § 494 - Felonies

Any natural or juridical person who incurs a felony, upon conviction, shall be punished by imprisonment for a fixed term of six (6) years, if the person:
(a) Withdraws or makes an inappropriate application of moneys, funds, or credits of the Fund, or of moneys, funds or credits of the Fund invested in an eligible cooperative enterprise.
(b) Makes a false entry in any book, report, financial statement of the Fund or of an eligible cooperative enterprise with the intention of defrauding the Fund, eligible cooperative enterprise, or any other natural or juridical person, or with the intention of deceiving any executive officer or persons appointed to audit, examine or investigate the affairs of the Fund.
(c) Furnishes false information on any application or document submitted to the consideration of the Fund with the purpose of negotiating, obtaining, or that is otherwise related to an investment agreement, or any other document, with the intention of defrauding the Fund.
(d) Is in charge of receiving, guarding, transferring or disbursing money, funds, or credits of the Fund, or money, funds, or credits of the Fund invested in an eligible cooperative enterprise, that:
(1) Takes possession of them, in whole or in part, without legal authority to do so, for his/her particular benefit or that of any other person.
(2) Lends them, in whole or in part, or speculates with them or use[s] them for any purpose not authorized by this chapter.
(3) Does not keep them in his/her custody until they are disbursed or delivered pursuant to legal authorization.
(4) Deposit all or part of them illegally, in any cooperative, bank, or financial institution, or hands them to another person.
(5) Keeps a false account or makes a false entry of said funds, or that is related to the same.
(6) Alters, forges, hides, or destroys any account or document related to them.
(7) Exchanges, converts, or turn[s] said funds in to cash paper, or other legal tender, or negotiable instrument without legal authority to do so.
(8) Neglects or fails to guard or disburse the funds in the form provided in this chapter or its regulations.
(9) If there were aggravating circumstances in one or more of the above acts, the fixed penalty may be increased to a maximum of ten (10) years; if there were extenuating circumstances, the penalty may be reduced to a minimum of four (4) years. The court may impose the penalty of restitution in addition to the penalty of imprisonment established in any of the above modes, or both penalties. Any person who is guilty of one or more of the acts forbidden in this section, regardless of whether he/she obtained personal financial profit or not, shall be punished with the penalty provided herein.
History —Aug. 18, 2002, No. 198, § 16.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30A - Sustainable Development Commission (§§ 501 — 508) › § 501 - Purposes

The purposes of this chapter are to establish a public policy which promotes the attainment of a desirable and convenient quality of life for Puerto Ricans; to promote the harmonization of government policies, programs and activities pertaining to social, economic and environmental aspects, among others; to direct Puerto Rico toward the fulfillment of its sustainable development; and to establish the Sustainable Development Commission of Puerto Rico.
History —Sept. 10, 2004, No. 267, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30A - Sustainable Development Commission (§§ 501 — 508) › § 502 - Interpretation of legal provisions

(a) It is hereby directed that, to the greatest extent possible, all public policies, programs, plans, laws, rules and regulations and executive orders in force at present and in the future, shall be construed, implemented and administered in strict accordance with the public policy set forth in this chapter.
(b) The public policy and other provisions in this chapter shall be construed and applied in a complementary manner with respect to the public policies and other provisions of the “Environmental Public Policy Act”, former §§ 1121—1140a of Title 12 and the “Puerto Rico Public Planning and Development Act”, §§ 62—63j of this title.
(c) None of the provisions in this chapter shall be construed as a revocation or impairment of the authorities and powers granted by its respective organic laws to the Environmental Quality Board, the Planning Board and other agencies, departments, municipalities, public corporations and instrumentalities.
History —Sept. 10, 2004, No. 267, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30A - Sustainable Development Commission (§§ 501 — 508) › § 503 - Duties of government entities

(a) Every agency, department, municipality, corporation and instrumentality of the Government shall revise [sic] their present statutory authority, their administrative regulations and their policies and current proceedings with the purpose of determining if any deficiencies or inconsistencies exist therein which prevents them from fully complying with the purposes and provisions of this chapter, and shall submit a written report on such matter which shall include those steps needed to adjust their authority and policies pursuant to the intention and purposes of this chapter, to the Sustainable Development Commission of Puerto Rico established in §§ 504—508 of this title, (hereinafter the Commission), within eighteen (18) months from the effective date of the same.
(b) As of the effective date of this act, the agencies, departments, municipalities, corporations and instrumentalities of the Government shall notify the Commission of any deficiencies or inconsistencies contained in bills under evaluation or in laws to be approved in the future within thirty (30) days after learning of the existence of said deficiencies or inconsistencies.
(c) The agencies, departments, municipalities, corporations and instrumentalities of the Government shall provide to the Commission the assistance necessary to enable it to comply with the intention, purposes or objectives, and provisions of this chapter, in accordance to the resources available to them and the interagency agreements to be executed.
History —Sept. 10, 2004, No. 267, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30A - Sustainable Development Commission (§§ 501 — 508) › § 504 - Annual report

The Commission shall render an annual report to the Governor and the Legislature on the activities conducted and the progress achieved regarding the intention and objectives of this chapter.
History —Sept. 10, 2004, No. 267, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30A - Sustainable Development Commission (§§ 501 — 508) › § 505 - Creation—Composition; term

(a) The Sustainable Development Commission of Puerto Rico is hereby created, attached to the Environmental Quality Board.
(b) The Commission shall be composed of nine (9) commissioners. These shall be the Secretary of Economic Development and Commerce, the Secretary of the Department of Natural and Environmental Resources, the Secretary of the Department of Agriculture, the Chairperson of the Planning Board, who shall be its Vice Chairperson, and the Chairperson of the Environmental Quality Board, who shall also be its Chairperson. The Governor shall appoint as commissioners four (4) persons to represent civil society who are interested in promoting the sustainable development of Puerto Rico while maintaining a balance of interests between the environmental, economic and social sectors to the greatest extent possible.
(c) The initial term of office of two (2) of the four (4) representatives of the civil society in the Commission shall be for four (4) years and their successors shall be appointed for subsequent terms of three (3) years. The remaining two (2) representatives of the civil society shall be appointed for three (3) year terms, the same as their successors. The secretaries and heads of agencies shall hold office in the Commission for the term for which they were appointed by the Governor in said departments, offices and agencies.
(d) In the event of the temporary absence of the Chairperson, a vacancy in the Chairperson’s office, or when determined by the latter, the Vice Chairperson of the Commission shall be the acting Chairperson until the Chairperson returns or the vacancy is filled. In the event vacancies or temporary absences occur simultaneously in both offices, the Secretary of Natural and Environmental Resources or the Secretary of Economic Development and Commerce, in such order, shall be the Acting Chairperson.
(e) The four (4) commissioners representing the civil society shall earn, in per diems, the amount of seventy-five dollars ($75) for each day in which they fulfill their duties as active members of the Commission.
History —Sept. 10, 2004, No. 267, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30A - Sustainable Development Commission (§§ 501 — 508) › § 506 - Chairperson—Duties

The Chairperson of the Commission shall have the following duties and powers, among others assigned to him by law:
(a) Shall preside over the meetings of the Commission and enforce the decisions adopted by the Commission.
(b) Shall appoint an Executive Director of the Commission, who shall direct and supervise all its technical and administrative activities.
(c) Shall create, at the request of the Commission or on his own, any subcommissions deemed necessary or convenient, define the duties assigned to each subcommission and appoint the members thereto. Said members may be commissioners, employees or consultants of the Commission, or officers or employees of other agencies, municipalities, departments, public corporations or instrumentalities. He/she may also appoint as ad honorem members of these subcommissions any other persons who are not officers or public employees.
(d) The Environmental Quality Board may contract the services of highly specialized persons, including professional and consultant services, when necessary to carry out the purposes of this chapter.
(e) The Environmental Quality Board may accept and provide that royalties and donations or funds appropriated in the budget of the Commission be spent to conduct special studies in accordance with this chapter and may use any help made available to it by other public and private agencies or institutions.
(f) The Environmental Quality Board may establish and execute the contracts or agreements needed to carry out the pertinent programs and procedures within the framework of its functions and the laws of Puerto Rico.
(g) Shall represent the Commission and, when so authorized by the Governor, the Commonwealth of Puerto Rico, in coordination with the Department of State of Puerto Rico, and in accordance with the foreign policy of the United States, in all national, regional or international activities on sustainable development. He/she may delegate the representation of the Commission on any of its commissioners, who are, in turn, public employees or on its Executive Director.
(h) May delegate upon the Executive Director or other members of the Commission the duties and powers he/she deems necessary for the best operation of said Commission.
History —Sept. 10, 2004, No. 267, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 30A - Sustainable Development Commission (§§ 501 — 508) › § 507 - Commissioners—Duties

The members that constitute the Commission shall be responsible for the performance of the duties, powers and functions listed in § 508 of this title. A quorum equal to half plus one of its members or commissioners shall be required for the meetings of the Commission. Every agreement of the Commission shall be made by the majority vote of the commissioners attending the meeting or who are consulted by telephone, fax or referendum carried out pursuant to the rules adopted by the Commission for such purposes. Any vacancy arising among the representatives of the civil society before the expiration of the term shall be filled by appointing a new commissioner for the unexpired portion of the term.
History —Sept. 10, 2004, No. 267, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 521 - Short title

The short title of this chapter shall be “Ponce Port Commission Act”.
History —June 25, 1958, No. 93, p. 202, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 522 - Definitions

The following terms, whenever used or referred to in this chapter, shall have the following meanings, except where the context clearly indicates otherwise:
(a) Port Commission. — Shall mean the Port Commission created pursuant to § 523 of this title.
(b) Bonds. — Shall mean the bonds, interim bonds, refunding bonds, obligations, debentures, interim notes, receipts or certificates, notes payable or other evidences of indebtedness of the Port Commission which are not obligations incurred in the normal course of its current expenses.
(c) Businesses. — Shall mean any property, whether real, personal or mixed, owned, managed, controlled or used by the Port Commission, or intended to be owned, operated, managed, controlled or used, in connection with any of its activities, including, but without limitation, projects consisting of one (1) or more ports, quays, docks, retaining walls, basins, dams, vehicle roads, rails, piping, buildings, warehouses, or other facilities necessary or expedient for accommodating boats and other vessels with their freight and passengers.
History —June 25, 1958, No. 93, p. 202, § 18.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 523 - Creation

There is hereby created in the municipality of Ponce a public body corporate and politic to be known as the “Port Commission”; Provided, however, That said Port Commission shall not conduct any business whatsoever or exercise the powers hereby conferred upon it, until or unless the governing body of the municipality of Ponce at any time shall declare through the proper resolution the operation of the Commission in said municipality and such resolution is approved by the Governor. The said resolution shall:
(1) Determine such municipal property as shall be under the jurisdiction of the Port Commission, and authorize and direct the granting of such property to the Port Commission;
(2) determine such property of the Commonwealth of Puerto Rico as shall be under the jurisdiction of the Port Commission, and set the appropriate terms and conditions for such acquisition;
(3) determine the need for, and the consent of the municipality to, the cancellation of any franchise previously granted to the municipality for the operation of the port facilities.
Upon the approval of such resolution by the Governor of Puerto Rico, the title to the properties described in the resolution shall be conveyed to the Port Commission, and any franchise described in said resolution shall be considered extinguished. In any suit, action or proceeding involving the validity of or compliance with or bearing any relation to any contract of said Commission, the latter shall be deemed conclusively to have been established and authorized to do business and exercise its powers pursuant to this chapter as soon as it is proven that the governing body has adopted a resolution declaring the need for such Port Commission.
History —June 25, 1958, No. 93, p. 202, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 524 - Port Commission; appointment; powers

The powers of the Port Commission shall be exercised by a Board of Commissioners consisting of five (5) members. Upon the Governor’s approval of the resolution, the mayor shall designate the five (5) commissioners of the Port Commission. The first five (5) commissioners appointed shall hold office for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, from the date of their designation; but, subsequently, commissioners shall be appointed to hold office for a term of five (5) years. Vacancies shall be filled by the mayor through appointments for the unexpired term; Provided, That all commissioners shall hold office until their successors shall have been appointed and qualified. Three (3) commissioners shall constitute a quorum, except that any decision of the Commission shall have at least the affirmative vote of three (3) commissioners. The Board of Commissioners shall designate a chairman from among the commissioners, and may also, adopt, amend or repeal bylaws and other regulations of the Port Commission not in conflict with this or other acts, provided for the administration of the Port Commission. The members of the Commission shall be entitled to a per diem of twenty-five dollars ($25) for each day’s attendance at the meetings and, in addition, to refund of traveling expenses incurred on official business.
Inefficiency or neglect of duty or malfeasance in office shall be ground for the mayor to remove a commissioner; but no commissioner may be removed unless he has been given an opportunity to defend himself personally or through counsel. When the charges are preferred by a person other than the mayor, it shall be the latter who shall have the power to hold the hearing and decide thereon. When the charges are preferred by the mayor, it shall be the Court of First Instance that shall take cognizance thereof and decide thereon. In all cases the commissioners shall have the right to appeal to the Supreme Court of Puerto Rico. In case of the removal of a commissioner the record of the proceedings shall be filed, along with the charges and findings thereon, in the office where the appointment of such commissioner is filed.
The Board of Commissioners shall designate a General Manager for such a term and at such compensation as the Board may deem proper. The General Manager shall be in charge of the general supervision of all matters appertaining to the Port Commission and shall have the powers specified in the Commission’s bylaws.
History —June 25, 1958, No. 93, p. 202, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 526 - Deposit of funds; accounts

All funds of the Port Commission shall be deposited with qualified depositories for funds of the Commonwealth Government but shall be kept in a separate account or accounts in the name of the Port Commission. The Controller or his representative shall from time to time examine the accounts and books of the Port Commission, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other matters relating to its financial condition, and shall report thereon to the Governor and the Legislature.
History —June 25, 1958, No. 93, p. 202, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 527 - Purchase of property

Upon application of the Port Authority the Governor of Puerto Rico or the Secretary of Transportation and Public Works shall have power to purchase either by agreement or by the exercise of the right of eminent domain or through any other lawful means, title in the name and in behalf of the Commonwealth of Puerto Rico to any property or interest therein which the Port Commission shall deem necessary or convenient for its purposes. The Port Commission may make available to said officers in advance such funds as may be needed for the payment of said property, and, upon acquisition thereof, may reimburse the Commonwealth Government for any amount paid that shall not have been previously advanced. Upon such reimbursement to the Commonwealth Government (or, if the total cost or price has been previously advanced by the Port Commission, within such reasonable period as shall be determined by the Governor) the title to property so acquired shall pass to the Port Commission. The Secretary of Transportation and Public Works may, with the approval of the Governor, make such arrangements as he may deem appropriate for the operation and control of said property by the Port Commission in behalf of the Commonwealth Government during the period intervening before said title has passed to the Port Commission. The power hereby conferred shall not limit or restrict in any manner or to any extent the power of the Port Commission itself to acquire property. The title to any property of the Commonwealth of Puerto Rico heretofore or hereafter acquired, and which shall be considered necessary or convenient for the purposes of the Port Commission, may be transferred to the Port Commission by the official in charge of said property or having the custody thereof, upon such terms and conditions as shall be determined by the Governor of Puerto Rico.
History —June 25, 1958, No. 93, p. 202, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 528 - Conveyance of municipal property; rights as to streets, highways

The municipality of Ponce and the public instrumentalities of the Commonwealth of Puerto Rico are, any other provision of law to the contrary notwithstanding, authorized to acquire, grant and convey to the Port Commission, upon its request and with or without consideration, any property, moneys or interest therein (including property already devoted to public use) which the Port Commission may deem necessary or convenient to effectuate the purposes of the Port Commission. The Port Commission shall have the right and power to construct or place any part or parts of any of its undertakings across, in, over, under, through or along any street, public highway, or any lands which are now or may hereafter be the property of the Commonwealth Government or the municipality of Ponce, upon obtaining the necessary permits therefor pursuant to § 22 of Act No. 213 of 1942. The Port Authority shall restore any such street, highway, or lands, as nearly as may be, to their condition or state at the beginning of the work, and shall not use the same in a manner that will unnecessarily impair their usefulness.
History —June 25, 1958, No. 93, p. 202, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 529 - Contracts

All purchases and contracts for supplies or services, except for personal services, made by the Port Commission, including contracts for the construction of works of the Port Commission, shall be made after call for bids through publications or proposals by mail sufficiently in advance of the opening of the bids for the Port Commission to secure appropriate notice and opportunity for competition; Provided, That where the estimated necessary expense in connection with the purchase or work does not exceed one thousand dollars ($1,000), the same may be carried out without call for bids. No call for bids shall be required, however, when:
(1) An emergency requires immediate delivery of the materials, supplies, equipment, or performance of the services; or
(2) repair parts, accessories, or supplemental equipment or services are required for supplies or services previously furnished or contracted for;
(3) professional or expert services or work are required and the Port Commission shall deem it best in the interest of good administration that contracts therefor be made without such call for bids, or
(4) prices are non-competitive because there is only one source of supply or because regulated by law; in any such case the purchase of materials, supplies, and equipment, or procurement of such services, may be made on the open market in the manner usual in commercial practice.
In the comparison of bids and the making of awards, due consideration shall be given to such factors (in addition to whether the bidder has complied with the specifications) as the bidder’s ability to perform construction work of the kind involved in the contract under consideration; the relative quality and adaptability of materials, supplies, equipment, or services; the bidder’s financial responsibility, skill, experience, record of integrity in dealing, and ability to furnish, repair and maintenance services; and the time of delivery or performance offered. The Port Commission may prescribe rules and regulations for the submission of bids.
History —June 25, 1958, No. 93, p. 202, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 532 - Actions by bondholders

(a) Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any bondholder, or trustee therefor, shall have the right and power, for the equal benefit and protection of all bondholders similarly situated:
(1) By mandamus or other suit, action, or proceeding at law or in equity to enforce his rights against the Board of Commissioners and the Port Commission, its officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter and its and their covenants and agreements with bondholders;
(2) by action or suit in equity to require the Board of Commissioners and the Port Commission to account as if they were the trustees of an express trust;
(3) by action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders, and
(4) to bring suit upon the bonds.
(b) No remedy conferred by this chapter upon any bondholder, or any trustee therefor, is intended to be exclusive of any other remedy, and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or any other law. No waiver of any default or breach of duty or contract, whether by any bondholder, or any trustee therefor, shall extend to or shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any bondholder or any trustee therefor to exercise any right or power accruing upon default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the bondholders may be enforced or exercised from time to time and as often as may be deemed expedient. In case any suit, action, or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to the bondholder, or any trustee therefor, then and in every such case the Port Commission and such bondholder, or such trustee, shall be restored to their former positions and rights and remedies as if no such suit, action, or proceeding had been brought or taken.
History —June 25, 1958, No. 93, p. 202, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 533 - Financial statements; reports

The Port Commission shall submit to the mayor and to the Governor of Puerto Rico, as soon as practicable after the close of each fiscal year, but prior to the end of the calendar year (1) a financial statement and complete report of the business of the Port Commission for the preceding fiscal year, and (2) a complete report on the status and progress of all its undertakings and activities since the creation of the Port Commission or the date of its last such report. The Port Commission shall also submit, at such other times as may be required, official reports of its business and activities under this chapter.
History —June 25, 1958, No. 93, p. 202, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 534 - Tax, fee, tariff exemptions

It is hereby found and declared that the purposes for which the Port Commission is created and shall exercise its powers are the promotion of the general welfare and the development of commerce and prosperity, which are all public purposes for the benefit of the people of the Commonwealth of Puerto Rico, and, therefore, the Commission shall not be required to pay taxes, excises or assessments on any of the property acquired by it or under its jurisdiction, control, possession and supervision, or on its activities in the operation and maintenance of any undertaking, or on the income derived from any of its undertakings and activities.
The Commission shall also be exempt from the payment of all kinds of fees, tariffs and taxes theretofore or hereafter required by law for the processing of judicial proceedings, the issuance of certificates in all offices and dependencies of the Commonwealth of Puerto Rico, and for the execution of public documents and their registration in any public register of Puerto Rico.
In order to facilitate the procurement of funds by the Commission to enable it to carry out its corporate purposes, the bonds issued by the Commission and the income therefrom shall be and remain at all times exempt from the payment of income tax.
History —June 25, 1958, No. 93, p. 202, § 13.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 535 - Public utility

For the purposes of §§ 525(h) and 527 of this title, all works, projects and property, and their accessories, which the Port Commission may deem necessary and convenient to use in carrying out the purposes expressed in this chapter, are hereby declared of public utility.
History —June 25, 1958, No. 93, p. 202, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 536 - Commonwealth pledge

The Commonwealth Government does hereby pledge to, and agree with, any person, firm or corporation, or any federal, Commonwealth or state agency, subscribing to or acquiring bonds of the Port Commission to finance in whole or in part any undertaking or any part thereof, that it will not limit or restrict the rights or powers hereby vested in the Port Commission until all such bonds at any time issued, together with the interest thereon, are fully met and discharged. The Commonwealth Government does further pledge to, and agree with, any federal agency that in the event that any federal agency shall construct, extend, improve or enlarge, or contribute any funds for the construction, extension, improvement or enlargement of, any project of the Port Commission or any portion thereof, the Commonwealth Government will not alter or limit the rights or powers of the Port Commission in any manner which would be inconsistent with the continued maintenance and operation of the said project or the extension, improvement or enlargement thereof, or which would be inconsistent with the due performance of any agreements between the Port Commission and any such federal agency; and the Port Commission shall continue to have and may exercise all rights and powers herein granted so long as the same shall be necessary or desirable for the carrying out of the purposes of this chapter and the purpose of any federal agency in constructing, extending, improving or enlarging, or contributing funds for the construction, extension, improvement or enlargement of said project or any portion thereof.
History —June 25, 1958, No. 93, p. 202, § 15.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 537 - Injunctions

An injunction shall not be granted to prevent the application of this chapter or any part thereof.
History —June 25, 1958, No. 93, p. 202, § 16.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 31 - Port Commission of Ponce (§§ 521 — 538) › § 538 - Construction with other laws

Insofar as the provisions of this chapter are inconsistent with the provisions of any other act of the Legislature of Puerto Rico, the provisions of this chapter shall be controlling and no law heretofore or hereafter enacted to govern the administration of the Commonwealth Government or any parts, offices, bureaus, departments, commissions, dependencies, municipalities, branches, agents, officers, or employees thereof, shall be construed to apply to the Port Commission unless so specifically provided, but the affairs and business of the Port Commission shall be administered as provided in this chapter; Provided, however, That the permanent employees of the Port Commission may, by resolution approved by their Board of Directors, join the Employees Retirement System of the Commonwealth Government of Puerto Rico and its instrumentalities, created by §§ 761—788 of Title 3.
History —June 25, 1958, No. 93, p. 202, § 17.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 32 - Port of Ponce Authority (§§ 541 — 547) › § 542 - Creation

A corporate entity and body politic is hereby created, separate and independent from the Autonomous Municipality of Ponce, which shall be known as the “Port of Ponce Authority”, to be governed by a Board of Directors chaired by the Mayor of the Autonomous Municipality of Ponce, and which Board shall be composed of three (3) members selected from among the directors of the Port of the Americas Authority by the Chair of said Port Authority. It is hereby provided that two (2) members shall be appointed for a term of six (6) years and one (1) shall be appointed for a term of four (4) years. It shall further include three (3) residents of the municipalities that make up Desarrollo Integral del Sur, Inc. (DISUR), two (2) of which shall be appointed for a term of five (5) years and one (1) for a term of three (3) years.
History —Dec. 12, 2011, No. 240, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 32 - Port of Ponce Authority (§§ 541 — 547) › § 543 - Delegation of powers

All functions, objectives, duties, rights, powers, and prerogatives of the Port of the Americas Authority, created by virtue of §§ 2901 et seq. of this title, are hereby transferred and delegated to the Port of Ponce Authority. The Port of Ponce Authority and its Board of Directors shall have full powers to determine the public policy regarding the development and operation of the Rafael Cordero-Santiago Port of the Americas, and said facility shall thus fall under the exclusive jurisdiction of this new Authority.
Under no circumstances shall it be understood that the Port of Ponce Authority is the successor of the Port of the Americas Authority. The latter shall continue to exist in order to address the obligations incurred by it, which shall not be assumed by the Port of Ponce Authority.
History —Dec. 12, 2011, No. 240, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 32 - Port of Ponce Authority (§§ 541 — 547) › § 544 - Municipal property

The Autonomous Municipality of Ponce shall determine which municipal property shall fall under the jurisdiction of the Port of Ponce Authority, and shall authorize and direct the granting and transfer of said property to the Port of Ponce Authority under the terms and conditions set forth by the municipality, taking into consideration that the transfer of municipal properties to the Authority shall enable the development of the Port of the Americas as a project for the economic development of both the Southern Region and Puerto Rico.
History —Dec. 12, 2011, No. 240, § 5.