Ley 156 del 2001
Resumen
Esta ley enmienda la Ley Núm. 222 de 23 de julio de 1974 para excluir a las Ramas Judicial y Legislativa del concepto de "agencia" definido en dicha ley. El propósito es evitar confusiones e interpretaciones erróneas sobre la transferencia de empleados públicos entre ramas del gobierno, ajustando el texto legal al mandato constitucional.
Contenido
(No. 156)
(Approved November 13, 2001)
AN ACT
To amend Section 6 of Act No. 222 of July 23, 1974, so that the Judicial and Legislative Branches be excluded from the scope of the concept "agency" as defined in said Act.
STATEMENT OF MOTIVES
The purpose Act No. 222 of July 23, 1974, is to allow the Governor of the Commonwealth of Puerto Rico flexibility in his or her administration of the Executive Branch. The Governor is empowered to order the transfer of public employees from one government agency to another according to the needs, to the parameters established in the law itself and to the regulations authorized thereby.
The Secretary of Justice, in Opinion Number 21, issued in 1977, stated that this law does not allow the Governor to order personnel employed in the Executive Branch from being transferred to serve in the Legislative Branch. However, these arguments may be used as a constitutional matter against being able to sustain such a conclusion.
In order to avoid future confusion and mistaken interpretations that may lead to procedural errors that in the final instance render null or are prejudicial to the actions of incorrectly transferred persons, the decree of the legal text must be adjusted to the constitutional mandate.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 6 of Act No. 222 of July 23, 1974 is hereby amended to read as follows: "... 'Agency' means a department, division, bureau or office of the Commonwealth Government whose posts or positions fall under the same nominating authority. Both the Judicial and Legislative Branches are excluded from the scope of this concept.
Section 2.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 156 (S.B. 555) of the $2^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 6 of Act No. 222 of July 23, 1974, so that the Judicial and Legislative Branches be excluded from the scope of the concept "agency" as defined in said Act, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $25^{ ext {th }}$ of November of 2003.
Elba Rosa Rodríguez-Fuentes Director
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