Esta ley enmienda la Ley Orgánica de la Oficina de Gerencia y Presupuesto para otorgar autonomía presupuestaria a la Rama Judicial de Puerto Rico. Establece un porcentaje fijo de los ingresos anuales del Fondo General que se asignará a la Rama Judicial, con un aumento escalonado durante varios años fiscales. La ley detalla la fórmula para calcular la asignación presupuestaria y el proceso para solicitar fondos adicionales. También requiere una revisión periódica de la fórmula y la rendición de cuentas por parte de la Rama Judicial ante la Legislatura.
(Approved December 20, 2002)
To amend subsection (7) of Clause
(a) of Section 4 of Act No. 147 of June 18, 1980, as amended, known as the "Organic Act of the Office of Management and Budget, in order to grant budgetary autonomy to the Judicial Branch, establishing for said Branch a fixed budget percentage to be appropriated from the annual revenues covered into the General Fund of the Treasury of Puerto Rico.
Act No. 8 of July 14, 1973 established a mechanism through which the Judicial Branch would achieve autonomy in the formulation and execution of its budget. Said Act provided that the Judicial Branch would submit its own petitions for regular operating expenses directly to the Legislature, and conferred the administration, execution and control of said budget to the Chief Justice of the Supreme Court of Puerto Rico, thus constituting an advance in the attainment of budgetary autonomy for said Branch. Act No. 147 of June 18, 1980, as amended, incorporated the above in its Section 4, which is amended by this Act. In spite of this, these efforts did not constitute a true budget autonomy.
In comparison with the collections of the general fund, and taking into account the increase in the cost of living throughout the years, the budget appropriations of the Judicial Branch show the inadequacy of said appropriations and the fiscal reality of said branch. With respect to the general funds of the government, the appropriation to the Judicial Branch in
1993 constituted 2.3 percent. In 1998, said percent was 2.12 , and in the year 2002, it was 2.86 percent. In the period comprising the years from 1992 to 2002, the Judicial Branch made a request of a total of $1,827.6 millions to the Legislature; it was appropriated $1,628.4 millions, or $199.2 millions less than the sum requested. In each one of these years the differences between the funds requested and those appropriated, ranged between $1.3 million and $68.1 million dollars. During this period of time, and specifically after the approval of the "Judicature Act of 1994", more judges were appointed, however, the funds needed to cover not only their salaries but also the support personnel, the cost of physical facilities and the equipment needed to provide the services required by the new judicial organization and the requirements of the legislation approved with regard to the administration of justice which caused a fiscal impact on said branch, were not appropriated.
In order to achieve a greater development and strengthening of the Judicial Branch, it is essential to grant a true budgetary autonomy through the approval of this measure whereby this branch shall be appropriated for the 2003-2004 fiscal year, a three point three percent (3.3%) of the average of the total amount of the annual revenues obtained according to the laws of the Commonwealth of Puerto Rico in the two preceding fiscal years, and which have been covered into the Treasury of Puerto Rico. The formula established herein also provides for a stepped increase in the budgetary percent as of the 2004-2005 fiscal year, for the next four fiscal years, until it reaches four percent (4%) of the total annual revenues in the 2007-2008 fiscal year. Said formula would be revised every five years in order to determine its effectiveness in assuring the fiscal autonomy of said branch.
The measure eliminates the present requirement in Act No. 147, which establishes that the Judicial Branch shall submit its budget petition to the Legislature, and furnish a copy of said information to the Office of Management and Budget, since through the proposed formula, it shall be assigned a fixed percent for regular operating expenses thus making the budgetary petition to such effects unnecessary. In the event the Judicial Branch should require additional sums to those obtained through the formula, it shall then submit its petition, with its justifications, directly to the Legislature.
This Act shall allow an effective and full budgetary autonomy for the Judicial Branch and shall enable, through the proposed formula, that efforts directed to offering judicial services of excellence and true reforms in the administration of justice, be implemented and extended accordingly and attuned with the resources available to the State in a specific year. It shall also enable the effective implementation of the basic and fundamental principle of the separation of powers set forth in our Constitution, and the attainment of the most adequate balance and equilibrium among the three branches of government, by providing to the Judicial Branch the mechanism for an effective budgetary autonomy so that it may, as an equal and independent Branch, develop its programs and fully achieve its objectives and constitutional tasks.
Section 1.- Subsection (7) of clause
(a) of Section 4 of Act No. 147 of June 18, 1980, as amended, is hereby amended to read as follows: "Section 4.- Duties and Faculties of the Governor with regard to the Budget.-
The budget shall contain the following information in the form, extent or detail that the Governor deems convenient: (1) $\cdots$ (7) The recommended or proposed appropriations and expenses to be charged to all the projected resources, after due consideration of the Integral Development Plan, the Four Year Investment Program and the land-use plans prepared by the Planning Board for the following fiscal year, except the Legislature and the Office of the Comptroller of the Commonwealth of Puerto Rico which shall be exempted from submitting budgetary petitions, which the Governor shall include in the proposed Budget, a budget for their regular operating expenses equal to the one in effect. The Office of the Comptroller shall submit its own petition for funds for regular operating expenses directly to the Legislature, on or before November 30 of the year before the year for which the petition is made, and shall furnish copy to the Office of all the information it submits to the Legislature, so that said Office may advise the Legislature regarding the petitions for funds for the regular operating expenses of said body. Beginning with the 2003-2004 fiscal year, the Judicial Branch shall be appropriated a sum equal to three point three (3.3%) of the average of the total amount of the annual revenues obtained pursuant to the provisions of laws of the Commonwealth of Puerto Rico, and which have been covered into the General Fund of the Treasury of Puerto Rico in the two (2) fiscal years
preceding the present year, provided, that in the event that the average of the total amount of annual revenues is less than that of the preceding year, the basic amount shall be equal to the last annual appropriation received by the Judicial Branch. Said three point three percent (3.3%) shall be increased for the 20042005 fiscal year by one tenth ( 0.1 ) of one percent ( $1 %$ ), and by a two tenths ( 0.2 ) of one percent ( $1 %$ ) for the following three (3) fiscal years, until it reaches a maximum of four percent (4%) of the revenues of the General Fund of the Treasury of Puerto Rico for the 2007-2008 fiscal year. These resources shall be used for the operating expenses of the Judicial Branch. In the event the Judicial Branch should require additional sums to those appropriated pursuant to this Act for the development, construction, and extension of its physical structure or for any other purpose, it shall submit the necessary budgetary petition with its pertinent justifications directly to the Legislature. In the submitted budget, the recommendations and petitions for appropriations of lump sums in the general budget bill for each government body, shall be backed by detailed calculations, expense items and by programs or activities."
Section 2.- For the purposes described in Section 1 of this Act, it shall be understood that the General Fund comprises all revenues received from income taxes, gift and estate taxes, excise taxes on alcoholic beverages and other articles, licenses and nontaxable income.
Section 3.- Should any of the collections that nourish the General Fund, as said term is defined in Section 2 of this Act, be destined to defray any specific need of the Government, the funds thus appropriated shall
continue to be considered part of the General Fund, in order to comply with the purposes of Section 1 of this Act.
Section 4.- The formula provided in this Act for the appropriation of annual resources of the Judicial Branch shall be revised by the Legislature every five (5) years as of the 2003-2004 fiscal year, in order to determine if the percentages established should be raised or be kept unaltered, and to ensure compliance of its purposes.
Section 5.- The Judicial Branch shall appear before the Legislature each year to account for the use of its budget.
Section 6.- The provisions of this Act shall not impair the power of the Legislature to fix the salaries of the Judges of the General Court of Justice.
Section 7.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 286 (H.B. 2551) of the $4^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection (7) of Clause
(a) of Section 4 of Act No. 147 of June 18, 1980, as amended, known as the "Organic Act of the Office of Management and Budget, in order to grant budgetary autonomy to the Judicial Branch, establishing for said Branch a fixed budget percentage to be appropriated from the annual revenues covered into the General Fund of the Treasury of Puerto Rico, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $18^{ ext {th }}$ of August of 2003.
Elba Rosa Rodríguez-Fuentes Director