Ley 157 del 2001
Resumen
Esta ley enmienda la Ley Núm. 56 de 19 de junio de 1958, que creó la Autoridad de Edificios Públicos. El propósito principal de la enmienda es modificar la estructura de la Junta de Gobierno de la Autoridad para incluir a funcionarios públicos clave y representantes de sectores relevantes como finanzas, diseño, construcción y el sector laboral, buscando mayor eficiencia y alineación con la política pública.
Contenido
(No. 157)
(Approved November 13, 2001)
AN ACT
To amend Section 3 of Act No. 56 of June 19, 1958, as amended, which creates the Public Buildings Authority, to change the structure of the Board of Governors of the Authority.
STATEMENT OF MOTIVES
The Public Buildings Authority was created by Act No. 56 of June 19, 1958, as amended, to prepare blueprints and designs of buildings and to provide facilities for the location of schools, health and social welfare facilities, offices, headquarters, courts, warehouses, workshops and any other physical facilities for the Government, its departments, agencies, instrumentalities or municipalities; to acquire, build, repair, furnish, finance and operate such facilities; and lease or otherwise contract the use of space in such facilities or part of them with the Government, its instrumentalities, departments, agencies or municipalities. The Authority is the main developer of structures and installations used by government entities, including schools, hospitals, prisons and offices.
The historic reality, the changes of public policy implemented by the different government administrations, and the needs of the different government agencies have justified that this Act has been amended ten times, the last of which was in 1996.
Upon examination of the contents of this Act, in view of the current situation and the needs of the different government agencies, this Act must be amended in order to continue to serve the original purpose for which it was approved, and so
that it may comply with the current public policy of the Commonwealth of Puerto Rico, and the public policy of this administration.
It has been indicated that the Public Buildings Authority has become bureaucratic and ungainly. In fact the structure of its Board of Directors is certainly unrelated to the programmatic commitment contracted with the People. The only government official who by provision of law belongs to this Board, is the Secretary of Transportation and Public Works. The others could be (as they actually are) private entrepreneurs or professionals who are not related to public administration. Taking into account that the privatization of the Public Buildings Authority, proposed by the past government administration, contravenes to the new public policy of the Commonwealth of Puerto Rico, and in view of the fact that there may be conflicts of interest among the representatives of the private sector that may be a part (as majority) of the Board of Directors, the structure of this Board must be modified to guarantee the implementation of the new public policy, with which heads of the State agencies and instrumentalities that should be represented on said Board of Directors, are familiarized.
It is also necessary for this Board of Directors to provide a space for the participation of persons with experience in the areas of financing, design, construction, land development and the labor sector. The imparting of knowledge in these specialized areas shall guarantee greater efficiency in the services rendered by the Public Buildings Authority.
For such effects, it is provided by means of this Act, that the Board of Directors be constituted by the Secretary of Transportation and Public Works; the Chairman of the Government Development Bank for Puerto Rico; the Secretary of the Department of Education; an attorney admitted to the practice of the profession in Puerto Rico; a person with experience in the area of financing; another with experience in the field of design, construction, and/or land development, and a
representative of the labor sector.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 3 of Act No. 56 of June 19, 1958, as amended, is hereby amended to read as follows: "Section 3.- Board of Governors The Authority shall be directed by a Board of Governors, hereinafter the Board, that shall be composed of seven (7) members, each of which shall be a citizen of the United States and a resident of Puerto Rico. Its members shall be: the Secretary of the Department of Transportation and Public Works; the President of the Government Development Bank for Puerto Rico; the Secretary of the Department of Education; an attorney licensed to practice of the profession in Puerto Rico; a person with expertise in the area of financing; another with experience in the area of design, construction and/or land development, and a representative of the labor sector. The last four (4) aforementioned members shall be appointed by the Governor of the Commonwealth of Puerto Rico with the advice and consent of the Senate for a term of six (6) years. The members of the Board that are public officials may designate, by written communication to the Chairman of the Board, a permanent authorized representative with the right to voice and vote, to represent him/her at those meetings he/she cannot attend. Any vacancy in the office of Board members shall be filled by means of appointments by the Governor. Provided, however, that any vacancy that occurs between one and another of said appointments shall be filled by the Governor within a period of sixty (60) days, for the unexpired part of them.
The powers of the Authority shall be vested on the Board members while they remain in office as such and they shall execute said powers pursuant to the provisions of this Act. Four (4) members of the Board shall constitute quorum. No vacancy among the members of the Board shall invalidate the rights of the
quorum to exercise all rights and powers and comply with the duties of the Authority."
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. 157 (S.B. 340) of the $2^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 3 of Act No. 56 of June 19, 1958, as amended, which creates the Public Buildings Authority, to change the structure of the Board of Governors of the Authority, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 20 of December of 2004.
Elba Rosa Rodríguez-Fuentes Director