reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 110 - Commonwealth of Puerto Rico Employee Association Act of 2013 (§§ 9001 — 9052) › § 9051 - Prohibitions on the use of institutional credit cards

No official, employee, member of the Executive Committee, or member of the Assembly of Delegates of the Association shall hold an institutional credit card in his/her name for any purpose whatsoever, except for its service use to check cases before the federal court.
History —Apr. 25, 2013, No. 9, § 52.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter I - Initial Provisions (§§ 9101 — 9103) › § 9101 - Declaration of public policy

A state of emergency is hereby declared to attain Puerto Rico’s fiscal and economic recovery after the downgrading of its credit rating and decrease in revenues that affect the Commonwealth’s liquidity, thus safeguarding the constitutional mandate for the payment of interest and amortization of the public debt. Furthermore, a plan is hereby devised to deal with the consequences thereof and to establish a structured management that allows the Island to meet its obligations. This shall guarantee the continuity of public efforts in essential areas such as health, security, education, social work, and development, among others, as well as the provision of necessary and essential services for the people. The public policy set forth in this subchapter is aimed at restoring the credit of the Commonwealth of Puerto Rico by eliminating the General Fund’s deficit within a short timeframe and improving the fiscal condition of public corporations, without resorting to the layoff of career or regular employees, affecting critical functions of government agencies that provide security, education, healthcare, or social work services. This structured plan is necessary to protect the cash availability of the Commonwealth of Puerto Rico without affecting essential services provided to the people. This plan considers the challenges faced by Puerto Rico to restore public credit rating and address the uncertainty as to the length, magnitude, and cost of tapping into capital markets absent an investment-grade rating.
Thus, in the exercise of the State’s police power, the Legislative Assembly has the authority to adopt measures to preserve the health, safety, and welfare of the people in a structured manner while addressing the fiscal crisis faced by the Island. To such purposes, the Legislative Assembly is empowered to enact statutes to address social and economic issues, as well as emergency situations. Section 19 of the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico provides that the enumeration of rights in Article II shall not be construed as to restrict “the power of the Legislative Assembly to enact laws for the protection of the life, health, and general welfare of the people.” Likewise, Section 18 of the Bill of Rights grants the Legislative Assembly the power to enact laws to deal with grave emergencies that clearly imperil the public health or safety or essential public services.
History —June 17, 2014, No. 66, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter I - Initial Provisions (§§ 9101 — 9103) › § 9102 - Supremacy of this special law

This Special Law is hereby enacted by virtue of the State’s police power and the constitutional authority conferred on the Legislative Assembly under Article II, Sections 18 and 19 of the Constitution of the Commonwealth of Puerto Rico to enact laws for the protection of the life, health, and general welfare of the people”; as well as under Sections 7 and 8 of Article VI of the Constitution of the Commonwealth of Puerto Rico. Therefore, this subchapter shall have supremacy over any other law.
History —June 17, 2014, No. 66, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter I - Initial Provisions (§§ 9101 — 9103) › § 9103 - Fiscal sustainability tests and quarterly reports

In order to promote the public policy set forth in this subchapter, the measures provided in §§ 9111—9134 of this title shall be in effect through July 1st, 2017, or if accomplished before, through July 1st of any fiscal year for which, as part of their respective recommendation process of the General Expense Budget submitted by the Governor to the Legislative Assembly, a certification signed by the corresponding official has been included, and whereby:
(a) The Chair of the Planning Board certifies that the actual growth of the Gross National Product projected for said fiscal year is equal to or higher than one point five percent (1.5%);
(b) The President of the Government Development Bank certifies that a credit rating agency in capital markets has rated, as of the certification date, the creditworthiness of the general obligations of the Commonwealth of Puerto Rico as investment grade; and
(c) The Secretary of the Treasury and the Director of the Office of Management and Budget certify that, the fiscal year ending before the date on which the certification is submitted, closed, or is estimated to close without refinancing general obligations of the Commonwealth of Puerto Rico or public or private financing used to cover gaps between projected income or expenditures in excess of the corresponding appropriations.
Every Entity of the Executive Branch shall have the ministerial duty to draft and file with the Governor and with the Secretary of the Senate and the Clerk of the House of Representatives a quarterly report within ninety (90) days after the approval of this subchapter and during the effective term thereof, stating in an itemized and detailed manner the measures taken, as well as the results and any other pertinent information to show and assess compliance with the provisions of this subchapter.
History —June 17, 2014, No. 66, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9111 - Applicability

The provisions of this subchapter shall apply to every Entity of the Executive Branch of the Commonwealth of Puerto Rico. For purposes of this subchapter, “Entity of the Executive Branch” shall be deemed to include all agencies, instrumentalities, and public corporations of the Commonwealth of Puerto Rico, notwithstanding their degree of fiscal or budget autonomy otherwise conferred to them under their organic act or any other applicable legislation. However, the provisions of this subchapter shall not apply to the State Election Commission, the Office of Government Ethics, the Office of the Special Independent Prosecutor’s Panel, and the Office of the Election Comptroller unless otherwise expressively provided. For purposes of this subchapter, the University or Puerto Rico, its branches, and the Municipalities shall not be deemed to be Entities of the Executive Branch.
History —June 17, 2014, No. 66, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9116 - Transfers and administrative details

In order to ensure the continuity, cost efficiency, and quality of government services, during and until the effective term of this Act, upon previous authorization of the Office of Management and Budget, the transfer and administrative detail of regular and transitory employees between positions, job classifications and levels, group of employees, appropriate units, union units and nonunion units and vice versa, among Entities of the Executive Branch shall be allowed; provided, that employees on detail or transferred shall meet the minimum requirements of education and experience needed to hold the position; moreover, details and transfers under this section shall not be used as a punitive measure, be made arbitrarily, or be burdensome for the employee. Details and transfers within the same Entity of the Executive Branch shall be made by the appointing authority or his/her authorized representative without the previous or subsequent authorization of the Office of Management and Budget.
These personnel actions shall entail a reduction of the employees” salaries or fringe benefits. Any provision of law, regulation, covenant, agreement, or precept that is contrary to the provisions of this subchapter shall be suspended during the effective term thereof; provided that there shall be full flexibility to make transfers and administrative details.
The Office of Management and Budget may implement regulatory provisions as are necessary to enforce the provisions of this section.
History —June 17, 2014, No. 66, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9118 - Expired collective bargaining agreements

The non financial clauses and other clauses of the collective bargaining agreements that have not been affected by this subchapter, but which have expired as of the effective date of this Act or shall expire during the effective term of this subchapter II, shall be extended until the expiration of the effective term of this subchapter. Said extension shall impair the presentation and holding of representative’s elections.
Once the effective term of this subchapter expires, labor unions that as of July 1st, 2014 represented union employees of every Entity of the Executive Branch may begin to negotiate new collective bargaining agreements, including financial and non financial clauses, and the Entities of the Executive Branch shall negotiate the same in accordance with the applicable rules and law, taking into account the realities of the economic and financial conditions of the Entity of the Executive Branch and the Government in general.
History —June 17, 2014, No. 66, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9119 - Unlawful practices

The implementation of any measure authorized under this subchapter, whether by the Office of Management and Budget, the Entities of the Executive Branch and their respective officials, the Governor, or any representative thereof, shall not constitute a violation of the existing collective bargaining agreements nor constitute an unlawful practice.
The provisions of this section shall also apply to the State Election Commission, the Office of Government Ethics, the Office of the Special Independent Prosecutor’s Panel, and the Office of the Election Comptroller.
History —June 17, 2014, No. 66, § 13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9120 - Forum to settle disputes

The Public Service Appellate Commission (PSAC) or its successor, in all that pertains to labor or that would otherwise be under the jurisdiction of PSAC, shall have exclusive primary jurisdiction to address appeals arising as a result of actions taken or decisions made in accordance with this subchapter filed by employees covered or not covered by the provisions of §§ 1451 et seq. of this title, known as the “Public Service Labor Relations Act”, as well as those filed by nonunion employees of the Entities of the Executive Branch excluded from the application of the provisions of §§ 1461 et seq. of this title, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”, and employees of the Entities of the Executive Branch that do not have labor unions, but to whom the provisions of §§ 1461 et seq. of this title.
Furthermore, the Labor Relations Board, or its successor, shall have exclusive primary jurisdiction to address appeals arising as a result of actions taken or decisions made in accordance with this subchapter filed by employees covered by §§ 61 et seq. of Title 29. Provided, That pursuant to the provisions of this chapter, no action taken hereunder shall constitute a violation of existing collective bargaining agreements, or a refusal to negotiate in good faith, or an unlawful practice.
History —June 17, 2014, No. 66, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9121 - School transportation

The Secretary of Education is hereby authorized and directed to establish alternative measures and strategies to maximize the efficiency and cost effectiveness of school transportation, particularly in connection with the direct or indirect subcontracting with the Municipalities, as well as with any Entity of the Executive Branch or private entity that guarantees savings in the cost of providing such services. Likewise, the Secretary of Education is hereby directed, in conjunction with the Office of Management and Budget, to devise a plan for the adequate control of the payments made for rendered services and for the evaluation of documents that validate the rendering thereof. Said control plan shall be promulgated within a term that shall not exceed sixty (60) days after the approval of this Act, and filed with the Secretary of the Senate and the Clerk of the House not later than thirty (30) days after the adoption thereof. The Department of Education shall not spend, on account of school transportation, an amount of Commonwealth funds exceeding the amount set aside therefor in the General Budget Joint Resolution or, if such Joint Resolution does not specifically provide for such allocation, the amount budgeted and accounted for at the beginning of the fiscal year in its approved budget. Neither the Secretary of Education nor the Office of Management and Budget may transfer additional funds during a fiscal year to cover expenditures that exceed the budget or potential overruns on this account. The Secretary of Education is hereby authorized and empowered to take the necessary measures to renegotiate, restructure, or modify contracts with carriers in order to comply with the mandate of austerity and expenditure control, as provided above. Notwithstanding the provisions of any other law, the Secretary is hereby empowered to execute, modify, or cancel the service contract or legal agreement entered into with any carrier to provide school transportation services in the service zones and under the conditions that he/she may determine. Likewise, the Secretary is hereby empowered to either recover the money paid, or to not pay, for school transportation services charged for an enrolled student, but not rendered due to absenteeism, transfers, or dropouts.
History —June 17, 2014, No. 66, § 15.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9122 - Prohibition to overspend budget

The provisions of § 8758 of this title, which prohibit spending in excess of budget appropriations is herein reasserted. Every public employee who, knowing that the Entity of the Executive Branch is projected to overspend its appropriations chargeable to the General Fund, certifies or provides incorrect information to be incorporated in such certification to the Governor, or the person to whom he/she delegates, or to the Office of Management and Budget, about the availability of the funds to carry out a transaction, including appointments or the execution of contracts; or carries out said transaction without the appropriate authorizations, shall be subject to a fine of two hundred dollars ($200) per incident, and up to a maximum of five thousand dollars ($5,000), in the aggregate for all the incidents that take place within the same calendar year. The official may rely on amended projections that make up for such over-expenditures, provided that said projections are sent to the Governor or to the person to whom he/she delegates, or to the Office of Management and Budget, together with or prior to the request for authorization. Provided, That prior to imposing the aforementioned sanction on a public employee, the latter shall be guaranteed due process of law, whether through an informal hearing or any other administrative procedure, or as provided in a collective bargaining agreement. The Office of Management and Budget shall be responsible for regulating and implementing the provisions of this section, including all that pertains to the imposition of administrative fines.
The provisions of this section shall also apply to the State Election Commission, the Office of Government Ethics, the Office of the Special Independent Prosecutor’s Panel, and the Office of the Election Comptroller.
History —June 17, 2014, No. 66, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9124 - Contribution of savings of public corporations in health-related fields to the General Fund’s deficit

The savings generated by the Automobile Accidents Compensation Administration and the State Insurance Fund Corporation as a result of the implementation of the provisions of § 9117 of this title, shall be contributed to the “Special Education Student Services and Therapies Fund”, under the custody of the Department of Education, created through special legislation specifically for said purposes. This would reduce the General Fund’s fiscal burden, which requires the rendering of adequate services to the special education population, in accordance with federal legislation, the public policy, and the existing legal framework.
On or before July 31st, 2014, both entities shall certify to the Office of Management and Budget the number of employees on their payrolls as of June 30th, 2014, and the sums paid during the fiscal year ending on said date to cover the following items: Christmas Bonus; Summer Bonus; other general bonuses, including, but not limited to, ratification of collective bargaining agreements, attendance, punctuality, productivity, or retirement; liquidation of sick and vacation leaves accrued in excess. In the case of the Christmas Bonus and the Summer Bonus, the certification of the sums paid shall be reduced by an amount equal to the number of employees who received the Christmas Bonus, multiplied by six hundred dollars ($600), plus the number of employees that received the Summer Bonus, multiplied by two hundred dollars ($200). The information to be provided shall separate union employees from nonunion employees.
The corresponding amounts certified by June 30th, 2014, shall be considered conclusively as the savings generated under this subchapter for the following Fiscal Year 2015, and shall be transferred to the Department of the Treasury by the Automobile Accidents Compensation Administration and the State Insurance Fund Corporation beginning on or before July 31st, 2014. The funds thus transferred shall be deemed allocated to the Special Education Student Services and Therapies Fund. Said transfers may be made in equal installments for the remaining months of the fiscal year, but must be completed before June 30th, 2015. The Automobile Accident Compensation Administration and the State Insurance Fund Corporation shall continue to make their respective additional transfers in an amount equal to that paid during Fiscal Year 2015, beginning on July 31st, 2015; for Fiscal Year 2016 and every July 31st thereafter, during the effective term of this Act.
History —June 17, 2014, No. 66, § 18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9126 - Budget of the State Election Commission, the Office of Government Ethics, the Office of the Election Comptroller, and the Special Independent Prosecutor’s Panel

For any fiscal year ending during the effective term of this subchapter, the budget of the State Election Commission, the Office of Government Ethics, the Office of the Election Comptroller, and the Special Independent Prosecutor’s Panel shall be equal to their respective budgets for the previous fiscal year adjusted by the reduction percentage or global increase in the General Budget of Expenses chargeable to the General Fund, included in the budget recommended by the Governor. Said adjustment shall be calculated excluding the proposed appropriations to service the constitutional debt chargeable to the General Budget of Expenses of both the basis of the previous year and the recommended amount for the fiscal year under consideration. Likewise, said adjustment shall exclude from both basis for comparison the budgets corresponding to the Judicial Branch, the Legislative Assembly, the Office of the Comptroller, the Ombudsman, the Civil Rights Commission, the State Election Commission, the Office of Government Ethics, the Office of the Election Comptroller, and the Special Independent Prosecutor’s Panel.
History —June 17, 2014, No. 66, § 20.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9127 - Prohibitions on the use of protective detail, traveling, and contracting of services, among others

(a) The use of public funds for the payment of protective detail for the heads of the Entities of the Executive Branch is hereby prohibited. As an exception, and due to the nature of the functions they perform, this prohibition shall not apply to the Secretary of State, the Secretary of Justice, the Secretary of Corrections and Rehabilitation, and the Police Superintendent. Likewise, the Governor of Puerto Rico may authorize protective detail when necessary to protect the health, safety, and welfare of any government official who is affected as a result of decisions made in the performance of his/her duties.
(b) The use of public funds for traveling outside of Puerto Rico by the heads of the Entities of the Executive Branch or officials in trust positions is hereby prohibited, except when said trips are essential for the performance of their official duties and have been previously approved by the Governor or by the person to whom he/she delegates. In the case of officials other than employees holding trust positions or heads of the Entities of the Executive Branch, the authorization of the Governor or of the person to whom he/she delegates shall be required in the event that: (1) more than two employees are traveling for the same purpose at the same time; or (2) the cost of accommodations per night exceeds two hundred fifty dollars ($250).
(c) The contracting of professional or purchased services in Entities of the Executive Branch in excess of one hundred thousand dollars ($100,000) within the same fiscal year is hereby prohibited without the previous written authorization of the Governor or the person to whom he/she delegates. Any contract executed in violation of this requirement shall be null. This authorization requirement is in addition to, and does not substitute any other applicable rules, including those set forth by the Governor or the person to whom he/she delegates pursuant to the Executive Orders to cut back on spending or rule of the Office of Management and Budget.
(d) The use of public funds for the payment of cellular phones, personal digital assistants (PDAs), personal Internet service devices or other technological services for the exclusive use of heads of agencies, employees and officials of the Entities of the Executive Branch of the Commonwealth of Puerto Rico is hereby prohibited. As of the approval of this Act, all contracts for the aforementioned services shall be cancelled. The Governor or the person to whom he/she delegates may grant waivers to this requirement.
History —June 17, 2014, No. 66, § 21.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter III - Budget Measures For The Judicial Branch, Legislative Branch And Other Government Entities (§§ 9131 — 9134) › § 9131 - Budget of the Judicial Branch

For any fiscal year ending during the effective term of this subchapter, the budget of the Judicial Branch shall be equal to its respective budget for the previous fiscal year, adjusted by the reduction percentage or global increase in the General Budget of Expenses chargeable to the General Fund, stated in the budget recommended by the Governor. Said adjustment percentage shall be calculated excluding the proposed appropriations to service the constitutional debt of the General Budget of Expenses chargeable to the General Fund, both on the basis of the previous year and on the recommended amount for the fiscal year under consideration. Likewise, said adjustment shall exclude from both basis for comparison the budgets of the Judicial Branch, the Legislative Assembly, the Office of the Comptroller, the Ombudsman, the Civil Rights Commission, the State Election Commission, the Office of Government Ethics, the Office of the Election Comptroller, and the Special Independent Prosecutor’s Panel.
For the fiscal year immediately beginning upon the expiration of the effective term of this subchapter, the recommendation and approval of the budget of the Judicial Branch shall be once again governed by the regularly applicable legislation. No debt, obligation, or pledge for future appropriations or payments whatsoever shall be issued for any gap existing between the budget actually appropriated during the effective term of this Act, and what would have been the budget resulting from the application of formulas or other rules established in the laws that would otherwise have governed the drawing up of the budget.
The Judicial Branch, in the exercise of the powers conferred thereto by the Constitution of the Commonwealth of Puerto Rico, may adopt any of the spending reduction and/or control measures provided in this subchapter as may be necessary to address any budget deficit projected during the effective term of this Act.
History —June 17, 2014, No. 66, § 24.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter III - Budget Measures For The Judicial Branch, Legislative Branch And Other Government Entities (§§ 9131 — 9134) › § 9132 - Budget of the Legislative Assembly and attached entities

For any fiscal year ending during the effective term of this subchapter, the budget of the Legislative Assembly and each one of its attached entities, to wit, the Office of the Comptroller, the Ombudsman, and the Civil Rights Commission shall be equal to its respective budget for the previous fiscal year, adjusted by the reduction percentage or global increase in the General Budget of Expenses chargeable to the General Fund, stated in the budget recommended by the Governor. Said adjustment percentage shall be calculated excluding the proposed appropriations to service the constitutional debt of the General Budget of Expenses chargeable to the General Fund, both on the basis of the previous year and on the recommended amount for the fiscal year under consideration. Likewise, said adjustment shall exclude from the basis for comparison the budgets of the Judicial Branch, the Legislative Assembly, the Office of the Comptroller, the Ombudsman, the Civil Rights Commission, the State Election Commission, the Office of Government Ethics, the Office of the Election Comptroller, and the Special Independent Prosecutor’s Panel.
For the fiscal year immediately beginning upon the expiration of the effective term of this subchapter, the recommendation and approval of the budget of each entity affected by this Section shall once again be governed by the regularly applicable legislation. No debt, obligation, or pledge for future appropriations or payments whatsoever shall be issued for any gap existing between the budget actually appropriated during the effectiveness of this Act, and what would have been the budget resulting from the application of formulas or other rules established in the laws that would otherwise have governed the drawing up of the budget.
The Legislative Assembly and its attached entities, in the exercise of the powers conferred to them by the Constitution of the Commonwealth of Puerto Rico, may adopt any of the spending reduction and/or control measures provided in this subchapter as may be necessary to address any budget deficit projected during the effective term of this Act.
History —June 17, 2014, No. 66, § 25.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter III - Budget Measures For The Judicial Branch, Legislative Branch And Other Government Entities (§§ 9131 — 9134) › § 9133 - Budget of the University of Puerto Rico and certain appropriations for the operation of municipalities

For any fiscal year ending during the effective term of this subchapter, any operating subsidy of government entities that are not part of the Central Government shall be equal to their respective operating subsidy for Fiscal Year 2013-2014. For purposes of this section, the term government entities that are not part of the Central Government, refers to the University of Puerto Rico and the Municipalities. For purposes of this section, the term operating subsidy with respect to the University of Puerto Rico, refers to the appropriation provided in subsection (a) of § 621-1 of Title 18; and with respect to the municipalities, it refers to the appropriations provided in § 5006 of Title 21 (Exoneration Fund), and in subsection (c) of § 5815 of Title 21 (Matching Fund).
For the fiscal year immediately beginning upon the expiration of the effective term of this subchapter, the recommendation and approval of the budget of each entity affected by this Section shall once again be governed by the regularly applicable legislation. No debt, obligation, or pledge for future appropriations or payments whatsoever shall be issued for any gap existing between the budget actually appropriated during the effective term of this Act, and what would have been the budget resulting from the application of formulas or other rules established in the laws that would otherwise have governed the drawing up of the budget.
History —June 17, 2014, No. 66, § 26.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter IV - Plans For Final And Binding Judgments Pending Payment (§§ 9141 — 9143) › § 9142 - Actions against the Commonwealth, municipalities, and officials

No agency or instrumentality of the Commonwealth, or public corporation or municipality, official or employee shall be compelled to make any payment whatsoever with respect to a previously authorized judgment or payment plan, when there are no funds available therefor when the legislative appropriation for such purposes has been exhausted; therefore, the garnishment of funds to enforce a judgment issued against the Commonwealth is hereby prohibited. The determination of lack of funds to make said payment shall be certified by the agency or instrumentality of the Commonwealth, public corporation or municipality in question and, in the event that such funds are appropriated by the Legislative Assembly, including those from the General Fund, it shall be confirmed by the Office of Management and Budget, whose determination with regard thereto shall be final.
The remedy available when there are no funds available for the payment of judgments shall be the payment of interest on the amount owed pursuant to the provisions of the Rules of Civil Procedure and the applicable special laws.
The provisions of this section shall also apply to municipalities.
History —June 17, 2014, No. 66, § 29.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter IV - Plans For Final And Binding Judgments Pending Payment (§§ 9141 — 9143) › § 9143 - Substantive rights

The provisions of this subchapter shall not create substantive rights or any causes for action not existing prior to its approval.
History —June 17, 2014, No. 66, § 30.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter V - Final Provisions (§§ 9151 — 9153) › § 9151 - Prohibition on retroactive claims upon the expiration of the effective term of this Act

Except as provided in § 9117(c) of this title on cash liquidations of vacation and sick leaves accrued in excess, any commitment or obligation that has been temporarily suspended during the effective term of this Act shall not be retroactively claimed, nor shall constitute any credit whatsoever, once the same becomes ineffective.
History —June 17, 2014, No. 66, § 31.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter V - Final Provisions (§§ 9151 — 9153) › § 9152 - Implementation and rulemaking authority

In view of the fiscal emergency, and to enable the implementation of the purposes of this subchapter, the Office of Management and Budget shall have all the powers necessary and convenient to discharge the duties herein entrusted thereto, including but not limited to promulgating regulations; conducting or directing the agencies or departments under its custody to conduct studies as may be needed; requiring from the Entities of the Executive Branch the information needed to carry out its duties; advising the Governor and the Entities of the Executive Branch on all that pertains to spending control and reduction measures, labor and/or fiscal impact measures of the Entities of the Executive Branch; and evaluating, approving, or denying requests for transfers and details, among others.
Except as provided in § 9123 of this title, it is hereby provided as the intent of this Legislative Assembly that the powers conferred to the Office of Management and Budget by virtue of this Special Act shall have priority over the respective organic acts of the Entities of the Executive Branch, as defined herein, whether agencies, instrumentalities, or public corporations. For such purposes, inasmuch as it is pertinent and necessary, it shall be construed that during the effectiveness thereof, this Special Act modifies, adjusts, or conditions any provision of the respective organic acts of the Entities of the Executive Branch in order to comply with the mandates of this subchapter.
Therefore, the Office of Management and Budget may establish regulations as are necessary geared to the Entities of the Executive Branch, whether agencies, instrumentalities, or public corporations to implement the provisions of this subchapter. Any regulations implemented by the Office of Management and Budget by virtue of this subchapter shall be mandatory. The absence or lack of any regulations authorized hereunder shall, in no case, be grounds for invalidating or failing to apply the provisions of this subchapter.
History —June 17, 2014, No. 66, § 32.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter V - Final Provisions (§§ 9151 — 9153) › § 9153 - Immunity from lawsuits and forums

This subchapter shall not affect the immunity of the Commonwealth of Puerto Rico, and its employees, or officials with respect to lawsuits and forums. None of the provisions herein authorizes actions for damages against the Commonwealth of Puerto Rico, its employees, or officials for acts or omissions of the latter, resulting from compliance with this subchapter. None of the provisions of this subchapter shall be construed as to constitute a waiver to the sovereign immunity of the Commonwealth of Puerto Rico.
History —June 17, 2014, No. 66, § 33.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 117 - Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico Act (§§ 9211 — 9221) › § 9213 - Scope and construction with other acts

Except for §§ 30011 et seq. of Title 13, better known as the “Puerto Rico Internal Revenue Code of 2011”, this chapter shall be construed to prevail over any other laws in effect as of the effective date thereof that poses or may be construed as posing an obstacle to the attainment of the objectives of this chapter. Any statute or regulations thus affected shall be deemed to be amended to conform to the provisions of this chapter.
Any administrative order, circular letter, memorandum, or interpretive document of any matter covered under this chapter shall be evaluated and amended, as appropriate, within the terms provided for the approval and adoption of the regulations created in accordance with this chapter. Any administrative order, circular letter, memorandum, or interpretive document that is inconsistent with the provisions of this chapter or the regulations thereunder shall be null and ineffective in all that pertains to the provisions set forth herein.
History —Nov. 17, 2015, No. 187, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 117 - Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico Act (§§ 9211 — 9221) › § 9214 - Portal

The Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico, hereinafter the Portal, is hereby created to be attached to and under the supervision and administration of the Puerto Rico Institute of Statistics, as a digital information system containing every Certificate of Compliance issued by the Certifying-Issuing Agencies to natural and juridical persons that apply for and receive tax privileges as provided in §§ 9211 and 9212 of this title.
The Portal shall be the minimum method used by Grantor-Recipient Agencies to ascertain compliance by natural or juridical persons with the appropriate incentive laws and to grant the tax incentive or benefit in question.
The Portal shall be a swift, reliable, and updated mechanism which shall allow for the effective communication between the different agencies, whether they are Certifying-Issuing Agencies or Grantor-Recipient Agencies in order to process, oversee, validate, and grant tax incentives or benefits that promote the economic development of Puerto Rico. If the contracting of private companies is necessary for the creation and administration of the Portal, the entity or entities shall have the necessary resources, either individually or collectively, to implement the Portal as well as extensive experience working with state and municipal databases.
The Puerto Rico Institute of Statistics shall prescribe by regulations all that pertains to the operation of the Portal and the information to be required therefor.
History —Nov. 17, 2015, No. 187, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 117 - Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico Act (§§ 9211 — 9221) › § 9216 - Duties of Certifying-Issuing Agencies

It shall be the responsibility of the Certifying-Issuing Agencies to thoroughly evaluate the applications for tax incentives or benefits, the amendments thereto, or the maintenance of said incentives in order to ascertain whether the natural or juridical person meets the requirements set forth in this chapter and in the laws under which said tax incentives or benefits are awarded.
Once the certifying-issuing agencies ascertain to their satisfaction that the natural or juridical persons meet the requirements of the aforementioned laws, at the request of the natural or juridical person interested in any tax incentive or benefit, said agencies shall issue a Certificate of Compliance and make it available to the appropriate grantor-recipient agencies. The Certificate of Compliance shall endorse the tax incentive or benefit and it shall contain all the information required herein, as well as any other information required under the law that grants the tax incentive or benefit in question.
Certifying-issuing agencies shall be responsible for overseeing the eligibility of natural or juridical persons every two years in order to verify whether they are compliant with all the provisions of this chapter and specific laws, as well as with the agreements entered into to obtain the tax incentive or benefit in question. This includes verifying whether they still meet the requirements to prevent the revocation of the tax credit awarded, as the case may be.
History —Nov. 17, 2015, No. 187, § 8; Dec. 28, 2016, No. 208, § 37.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 117 - Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico Act (§§ 9211 — 9221) › § 9217 - Duties of the Grantor-Recipient Agencies

Grantor-Recipient Agencies shall be responsible for ensuring that every application for tax incentives or benefits submitted by a natural or juridical person interested in validating a tax incentive or benefit encloses the Certificate of Compliance issued by the appropriate Certifying-Issuing Agency.
Grantor-Recipient Agencies shall ensure that the Certificate of Compliance available in the Portal is valid. No Grantor-Recipient Agency may process or award the tax incentives or benefits in question if the provisions of this chapter are not strictly complied with. If the Grantor-Recipient Agency determines that the Certificate of Compliance fails to meet the requirements of this chapter or of the law under which said tax incentives or benefits are awarded, the Agency shall apprise the interested natural or juridical person and the Certifying-Issuing Agency of said fact. The Grantor-Recipient Agency shall also notify and request the natural or juridical person to supply any information deemed necessary to rectify the situation and, once the situation is rectified, such Agency shall award the tax incentive or benefit in question. The Grantor-Recipient Agency shall deny any tax incentives or benefits until the situation is resolved.
History —Nov. 17, 2015, No. 187, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 117 - Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico Act (§§ 9211 — 9221) › § 9219 - Duties of the Institute of Statistics

The Executive Director of the Puerto Rico Institute of Statistics shall have the duty and responsibility of maintaining the Portal, ensuring the correct use thereof, and coordinating the entry, storage, and availability of the information received. Therefore, the Executive Director shall be charged with establishing the guidelines, formats, and standards for gathering and transmitting the information; receiving the data and establishing the appropriate mechanisms to guarantee the access to these resources; and providing support to the entities that use the Portal to guarantee that the Certificates of Compliance are processed in accordance with the provisions of this chapter.
Furthermore, the Executive Director shall be responsible for preparing graphics, tables, or other mechanisms he deems convenient, in order to analyze the information supplied in the Certificates of Compliance to correlate the tax incentives or benefits awarded with the incentivized activity and the impact thereof on Puerto Rico’s economy. The analysis of the information herein provided shall be sent to the Governor and the Legislative Assembly every year on March 1 st.
The Executive Director of the Puerto Rico Institute of Statistics shall prescribe by regulations or circular letter all that pertains to the operation and implementation of the provisions of this chapter.
History —Nov. 17, 2015, No. 187, § 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 117 - Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico Act (§§ 9211 — 9221) › § 9220 - Funds

The sum of one million dollars ($1,000,000) shall be appropriated annually for the use, maintenance, and development of the Portal. Said sum shall originate from the Special Economic Development Fund established in § 10657 of Title 13, known as the “Economic Incentives Act for the Development of Puerto Rico”. Nonetheless, the Secretary of Economic Development is hereby empowered to direct the Tourism Company and/or the Puerto Rico Trade and Export Company to transfer to such fund any sums as are necessary to defray, in whole or in part, the one million dollars ($1,000,000) provided in this chapter in favor of the Portal, for the purposes provided herein.
The Secretary of Economic Development and the Executive Director of the Puerto Rico Institute of Statistics shall establish the pertinent mechanisms and agreements for the transfer of these funds.
History —Nov. 17, 2015, No. 187, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 117 - Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico Act (§§ 9211 — 9221) › § 9221 - Collaboration with SIGELA

The Portal shall send the information regarding the Certificates of Compliance and the locations of the incentivized businesses to the Commonwealth of Puerto Rico Geospatial Information System created by virtue of §§ 7718 et seq. of Title 23 for statistical and analytical purposes, upon compliance with § 9218 of this title.
The Executive Director of the Puerto Rico Institute of Statistics, in conjunction with the Executive Director of the Permit Management Office, shall draft regulations, circular letters, and any other pertinent documents for the transmission of the necessary information.
History —Nov. 17, 2015, No. 187, § 13.