Ley 119 del 2001

(No. 119)

(Approved August 17, 2001)

AN ACT

To create the Fund and the Board for the Development of Full-Time High Performance Puerto Rican Athletes for the purpose to set forth the public policy for establishing support strategies for athletes and team sports with the capabilities and potential for Olympic, Paralympic and International competition. This Act is primarily directed to create a fund destined to finance the training of a select group of athletes and teams and to provide them with the technical, scientific, and financial means needed for their athletic training.

STATEMENT OF MOTIVES

The Commonwealth of Puerto Rico recognizes the important role sports play in Puerto Rico in uniting all Puerto Ricans and affirming their spirit of patriotism. For years, the achievements and triumphs of Puerto Rican athletes in international sporting events have given us a profound sense of national unity and pride. With each victory in sports, Puerto Rico is projected internationally, which leads to better relations with other countries, opening doors to future financial benefits. The Commonwealth of Puerto Rico recognizes the sacrifices and hardships that the Puerto Rican athletes, their Federations and COPUR must endure in order to be properly trained to meet their sports commitments.

At present, the level of competition in all sports becomes more demanding from day to day, making it even more necessary for athletes to be able to depend on quality training. We must therefore optimize our

---

opportunities and resources to train these athletes. The Fund and the Board for the Development of Full-Time High Performance Puerto Rican Athletes shall be the means with which to accomplish this.

The factors that make athletes champions in a particular sport are their commitment, their aptitude, their training, and the essential conditions needed to achieve their goals. Likewise, those countries whose athletes excel in international competitions share at least one element in their training strategies-camp training-a method that requires athletes to incur in expenses. For athletes to become part of the elite in their sport, it is also indispensable that they have access to a team of physicians, psychologists, nutritionists and trainers knowledgeable in the methodology of the sport, who may be able to closely monitor them while training as well as during world trial competitions. In order for athletes to engage in this type of training and enjoy these resources, it is necessary that, in addition to their commitment, they devote all their time and efforts to this purpose. Historically, Puerto Rican athletes have had to devote a great deal of their time to holding a job, in many cases to finance their own training, since they do not have any other financial means that will allow them to train for their sports commitments.

Those athletes who are capable of making the sacrifices required for world competition need a public policy that will allow for their training and financial support to place them on an equal standing with those who are at the top of their respective disciplines.

The objective of this legislation is to create the Fund and the Board for the Development of Full-Time High Performance Puerto Rican Athletes, to be strictly regulated, following the standards of sound public administration and the recognized criteria for training and developing high

---

performance athletes and teams. The Board shall coordinate with experts to provide support for athletes with the potential to compete internationally. The success of these athletes that are financed and sponsored by the Board shall not only be a cause of national pride, but shall also serve to promote Puerto Rico not only in the world of sports, but also in its international and economic relationships.

Therefore, the Legislature of Puerto Rico deems it necessary to create the Fund and the Board for the Development of Full-Time High Performance Puerto Rican Athletes in Puerto Rico.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

Section 1.—Title.— This Act shall be known as "The Fund and the Board for the Development of Full-Time High Performance Puerto Rican Athletes Act."

Section 2.—Definitions.— For the purposes of this Act, the following terms and phrases shall have the meaning stated below:

(a) "Camp Training".-Training in which the athlete is lodged in a facility for prolonged periods of time under a rigorous daily routine and a program to train for competition.

(b) "Athletes".-Those persons identified and recommended by COPUR and approved by the Board to draw from the Fund created hereunder, and those approved by the Board upon assessment of their merits and presentation of their credentials in international competitions.

(c) "Department".-The Sports and Recreation Department of the Commonwealth of Puerto Rico.

---

(d) "Director".—The executive official responsible for directing and administering the Fund and the Board for the Development of Full-Time High Performance Puerto Rican Athletes created by this Act.

(e) "Trial Competitions".-Competition circuits the purpose of which is to allow athletes to compete against other athletes of a similar or higher caliber.

(f) "Fund".—The Fund and the Board for the Development of Full-Time High Performance Puerto Rican Athletes created by this Act.

(g) "Board".—The dependency of the Department established in Section 3 of this Act, for the purpose of coordinating and expediting programs, activities and services to propitiate the development and strengthening of Puerto Rican athletes, among others.

(h) "Secretary".—The Secretary of the Sports and Recreation Department of Puerto Rico.

(i) "COPUR".—The Puerto Rico Olympic Committee.

(j) "High Performance Trainer".—A specialized technician who employs his/her methodological, technical and tactical knowledge to achieve the highest levels of proficiency and performance in the training of athletes and in the competition circuit.

(k) "COPAPUR".—Puerto Rico Paralympic Committee, Inc.

(l) "Sports Scientist".—A person who has received academic training at a graduate university level (natural, social or physical sciences) from an institution accredited or recognized by the

---

educational authorities of the country, engaged in the study and analysis of the motor control and/or behavior of the human body in athletic or sports activities, and who is able to integrate research, education and the proper application of the concepts of exercise sciences to improve the performance of athletes, while maintaining their optimum state of health.

Section 3.—Full-Time Athletes Fund.— a) This Act creates the Fund and the Board for the Development of Full-Time High Performance Puerto Rican Athletes. The Fund shall be nourished with the appropriations of the Government of the Commonwealth of Puerto Rico and other public funds, including other Commonwealth and Federal funds allotted or obtained. This Fund shall be administered by the Board for the Development of Full-Time High Performance Puerto Rican Athletes attached to the Sports and Recreation Department. b) The use of the Fund shall be restricted to expenditures directly related to the training of the athletes chosen by the Board. These expenses shall include, but not be limited to:

1. payment of salaries to athletes.
2. contracting trainers, physicians, nutritionists, biomechanics psychologists, physical trainers, exercise physiologists or other professionals needed for training athletes.
3. purchase of the necessary equipment and supplies for training athletes.

---

4. trips, transportation, lodging and expenses directly related to camp training, competitions, trial competitions or training whether in Puerto Rico or abroad.
5. scholarships.
6. sabbaticals.
7. nutritional supplements.
8. medical and life insurance contributions. c) The surplus of this Fund shall not be subject to being reverted to the General Fund at the close of each fiscal year. Said surplus shall remain in a separate account, to be used as determined by this legislation. d) Only 6% of this Fund may be used for administrative expenses, and other expenses as necessary to achieve the purposes of this Fund, including the per diems to be paid to the members of the Board, when applicable. e) The members of the Board shall receive per diems for an amount equal to the minimum per diem established for the members of the Legislature, of up to a maximum of three thousand (3,000) dollars per year, with the exception of the members of the Board who are also public servants or employees, who shall not be entitled to per diems. f) Under no circumstances shall the use of these moneys be allowed to conduct activities other than those described in this Act or its enabling regulations.

---

Section 4.-Appropriation of funds to establish and organize the Fund and the Board for the Development of Full-Time Puerto Rican Athletes.-

The sum of two million, two hundred thousand (2,200,000) dollars a year, chargeable to funds in the custody of the Office of Management and Budget, is hereby appropriated to initiate the Program. The Office of Management and Budget shall consign the funds needed for the continuity of this Program in the annual budget of the Sports and Recreation Department of the Commonwealth of Puerto Rico. Said funds may be increased but not reduced when approving the annual budget of the Department.

Section 5.-The Board for the Development of Full-Time High Performance Puerto Rican Athletes; Creation, Appointments and Composition.-

(a) The Board for the Development of Full-Time High Performance Puerto Rican Athletes is hereby created as a dependency of the Sports and Recreation Department of the Commonwealth of Puerto Rico.

(b) The Board shall be the sole administrator of the Fund.

(c) Its existence and legal standing shall be that of the Department.

(d) Its debts, obligations, contracts, accounts or funds shall be the responsibility of the Department.

(e) The Governor of Puerto Rico shall appoint the members of the Board. In the case of Board members that represent established bodies, the Governor shall make such a designation taking into consideration the recommendations of said bodies.

---

(f) The appointments made by virtue of this Act shall not be of a fixed term and may be freely rescinded by the Governor.

(g) The Board shall be constituted by eleven (11) members, as follows:

1. the Secretary of the Sports and Recreation Department, who shall be the Chairperson of the Board.
2. the President of COPUR, who shall be the ViceChairperson of the Board.
3. the General Secretary of COPUR.
4. an official of the Sports and Recreation Department.
5. a high performance trainer.
6. the Chairperson of the High Performance Athletes Association.
7. two sports scientists, one of whom shall be the Director of the Health and Exercise Sciences Center, or his/her authorized representative.
8. two citizens who have a proven interest in sports.
9. the Chairperson of COPAPUR.

(h) A secretary and a treasurer, to be chosen from among the members of the Board, shall perform the functions designated by Regulations.

(i) Pursuant to the provisions of the Regulations, the Governor of Puerto Rico may dismiss on his/her own initiative, or by recommendation of the Secretary, any member of the Board for negligence in the performance of his/her duties, or for conviction of a felony or a misdemeanor.

---

Section 6.-The Board for the Development of Full-Time High Performance Puerto Rican Athletes; Responsibilities and Duties.-

(a) The Board shall be responsible for administering the Fund created by virtue of this Act.

(b) COPUR shall be responsible for the identification and recommendation of athletes who are members of the National Sports Federations affiliated to COPUR.

(c) In the case of athletes who are not members of the Federations approved by COPUR, the Board shall assess the credentials and merits of said athletes in international competitions.

(d) The Board shall be responsible for the entire contracting process of the athletes covered by the Fund.

(e) The Secretary of Sports and Recreation may appoint an Executive Director with the advice and consent of the Board, who shall represent the Board in all acts, duties and functions delegated on him/her by the Board. Said Executive Director shall not be a member of the Board, but rather an employee of the Department.

The Board shall be empowered to establish by regulations, its powers and duties, its internal operations, the contracting of athletes and other matters as necessary pursuant to Act No. 170 of August 12, 1988, the "Uniform Administrative Procedures Act." The Regulations that shall govern the actions of the Board shall be drafted within a term of not more than three (3) months after the approval of this Act, copies of which shall be remitted to the Office of the Governor and to the Committees on Sports and Recreation of the Legislature.

---

Section 7.-Annual Report.- The Board shall draft an Annual Report stating its activities, the athletes covered by the Program, and an itemized list of the benefits granted to said athletes. A copy of this Report shall be remitted to the Committees on Sports and Recreation of both Legislative Bodies. The term for drafting the first Annual Report shall begin on the day this Act becomes effective.

Section 8.-Severability Clause.- If any clause, paragraph, article, section, or portion of this Act should be found unconstitutional by a competent court, such ruling shall not affect, impair or invalidate the remainder thereof. The effect of said ruling shall be limited to the clause, paragraph, article, section or portion thereof thus found unconstitutional.

Section 9.—Effectiveness.- This Act shall take effect immediately after its approval.

---

March 7, 2002

Rolando Quevedo-Motta, Esq., Director of the Office of Legislative Services of the Legislature of Puerto Rico, hereby certifies to the Secretary of State that she has duly compared the English and Spanish texts of Act No. 119 (H.B. 944) of the 1st Session of the $14^{ ext {th }}$ Legislature of Puerto Rico, entitled:

AN ACT to create the Fund and the Board for the Development of Full-Time High Performance Puerto Rican Athletes for the purpose to set forth the public policy for establishing support strategies for athletes and team sports with the capabilities and potential for Olympic, Paralympic and International competition. This Act is primarily directed to create a fund destined to finance the training of a select group of athletes and teams and to provide them with the technical, scientific, and financial means needed for their athletic training, and finds the same are complete, true and correct versions of each other.