2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter V - Financial Reports (§§ 1858 — 1858i) › § 1858 - Applicability

(a) The provisions of this chapter, which require the filing of financial reports, shall apply to the following public servants:
(1) The Governor.
(2) The Comptroller of Puerto Rico.
(3) The Ombudsman.
(4) The members of the Legislative Assembly, the Director of the Office of Legislative Services, and the Superintendent of the Capitol, as well as any other public servant in the Legislative Assembly required to do so by the regulations approved by the Legislative Assembly or any of the Bodies thereof.
(5) The members of the Judiciary Branch and the Court Administrative Director.
(6) The officials of the Executive Branch whose appointments require the advice and consent of the Senate or the Legislative Assembly. The members of the examining boards are excluded from this requirement.
(7) Heads and deputy heads of agencies.
(8) Chairs, vice chairs, executive directors and deputy directors, and members of the boards of directors of public corporations and other public entities. Representatives of the public interest, the private sector or the nongovernment sector serving on such boards are excluded from this requirement, unless otherwise provided by law.
(9) Mayors, deputy mayors, and administrators of municipalities.
(10) Chairs, vice chairs of special corporations for municipal development, and directors and deputy directors of municipal consortia.
(11) The President of the Commonwealth Election Commission, the Administrator of the Employees Retirement System of the Government, the Judiciary and its Instrumentalities, or any pension or retirement plan established by the Legislative Assembly of Puerto Rico or implemented by public corporations.
(12) The Board of Directors and the Executive Director of the Government of Puerto Rico Employee Association, as well as public servants in this Association empowered to execute contracts of any kind and to approve loans, disbursements, credit cards, IRAs, insurance, scholarships, and reservations for renting its vacations center.
(13) The members of the Public Bids Board.
(14) Public servants in the Executive Branch whose main duty is any of the following:
(A) Those issuing final determinations to issue, amend, stay or cancel permits, licenses, certifications, exemptions, accreditations, consultations, or endorsements required to:
(i) Operate an establishment;
(ii) make improvements on lands or works;
(iii) divide or develop a property;
(iv) build a structure or part thereof;
(v) use real or personal property for a particular purpose.
(B) Those issuing final determinations regarding a land use consultation.
(C) Those issuing final determinations to fine persons or entities that depend on or require permits, licenses, certifications, exemptions, accreditations, consultations or endorsements issued by their agency to: operate an establishment; make improvements on lands or works; divide or develop a property; build a structure or part thereof; use real or personal property for a particular purpose.
(D) Those executing contracts of any kind, including purchase and service orders.
(E) Those issuing final determinations to settle or reach an agreement with regard to debts between private persons and any Government body.
(F) Those issuing final determinations to settle or reach an agreement with regard to actions brought before the courts or a quasi judicial body.
(G) Those directing the area in charge of administering financial resources and budget, issuing financial statements or reports, and ascertaining compliance with the public policy on administration of their agency.
(H) Those directing the area in charge of the study, acquisition of equipment, design, development, implementation, support, and administration of the information technology systems of an agency.
(I) Those empowered to make a final decision in the approval of loans, disbursements, subsidies or payment of disability compensation, among others.
(J) Those directing the area in charge of administering, appropriating, granting or distributing federal funds.
(K) Those in charge of raising, charging or collecting money through any payment method.
(L) Those directing the area in charge of receiving claims, statements or complaints and conducting investigations or proceedings.
(M) Those directing the area in charge of inventory, records, and disposition of public property, other equipment or assets in their agency.
(N) Those issuing a final determination regarding the acquisition or disposition of real or personal property in each agency.
(Ñ) Those issuing a final determination regarding public work projects carried out by their agency.
(O) Those empowered to direct a region in their agency with autonomy or freedom of judgment to carry out one or more of the following functions: entering into contracts; making disbursements; allotting, appropriating, and using budget items; granting benefits; purchasing and selling assets; and disposing of property.
(P) Those directing the area in charge of auditing the financial reports and income tax returns filed in accordance with the Government Ethics Act or the Internal Revenue Code.
(Q) Those making purchases on behalf of their agency.
(b) The Governor of Puerto Rico may exempt those public servants of the Executive Branch who render services ad honorem or only receive per diems from the requirement of filing financial reports.
(c) The Executive Director shall be empowered to modify or exempt from the requirement of filing financial reports for just cause.
History —Jan. 3, 2012, No. 1, § 5.1.