Esta ley enmienda la Ley Orgánica del Departamento de Recreación y Deportes para actualizar la legislación y alinearla con la política pública de devolver al Departamento a sus propósitos originales. Permite la venta de parques que han perdido su utilidad, la adquisición de terrenos para parques y el uso de los fondos generados por dichas ventas. También deroga la Ley Núm. 156 de 11 de mayo de 1948.
(Approved December 31, 2002)
To add subsection
(r) to Section 7; to amend Section 8; to add Section 8 A; and to amend Section 19 of Act No. 126 of June 13, 1980, as amended, known as the "Organic Act of the Sports and Recreation Department;" and to repeal Act No. 156 of May 11, 1948, as amended, in order to update the said legislation and temper it to the new public policy of returning the Department of Sports and Recreation to its original purposes.
With the approval of Act No. 120 of August 17, 2001, known as the Act for the Municipalization of Recreational and Sports Community Facilities, a firm and determined step was taken so that the Sports and Recreation Department could concentrate its efforts on its main mission of fostering and developing national sports and recreation. In harmony with the public policy of municipal autonomy, the transfer of community parks has been initiated, with the double purpose of bringing parks, municipalities and community together, and at the same time, to overcome the crisis caused by the innumerable facilities that the Department had to maintain.
However, it is necessary to amend Act No. 126 of June 13, 1980, known as the Organic Act of the Sports and Recreation Department, to integrate the legislation regarding the sale of parks that have lost their usefulness, the power of the Secretary to buy lands for parks, and the use that can be given to the funds originating from said sales. The said
legislation contained in Act No. 156 of May 11, 1948, must be repealed and when its content is amended, be integrated to the Organic Act of the Department, for a more logical organization and its adaptation to a new public policy.
This Act imposes a limitation on the use of the funds generated thereunder, preventing its use in sports and recreation programming, which should be the main objective of the Department. However, it also compiles guarantees for the disposal of lands that have lost their original purpose, pursuant to the planned development of the Country. The establishing of the Planning Board as the entity that would issue its authorization for the sale, as well as for the acquisition of land intended for parks, has been preserved. In addition, due to the subsequent changes to the old law, the participation of the Regulations and Permit Administration has been included, which is in charge of the change of the proposed use of the property.
It must be indicated that the Department shall retain the power to acquire lands. The same is in harmony with the mission of keeping and maintaining regional and national facilities. The new legislation shall complement the mechanisms that the Department has within reach to meet its original purposes.
Section 1.- A new subsection
(r) is hereby added to Section 7 of Act No. 126 of June 13, 1980, as amended, to read as follows: "Section 7.- In addition to the powers and faculties transferred by this Act, the Secretary of Sports and Recreation shall have the following powers and authorities:
(a) ...
(r) Appear at the granting of public deeds and accept them in behalf of the Department."
Section 2.- Section 8 of Act No. 126 of June 13, 1980, as amended, is hereby amended to read as follows: "Section 8.- The Secretary shall also have the additional power to lease, give in usufruct, transfer, or otherwise alienate the ownership and administration of any recreational facility belonging to the Department or the Commonwealth Government under its jurisdiction, to any agency of the Commonwealth of Puerto Rico or the Government of the United States of America, and the municipalities, subject to the applicable provisions of law. In such cases(...)."
The collected funds shall be deposited in the Special Fund created in Section 19 of this Act and shall be used by the Department for the conservation and development of sport and recreational facilities, sports and recreational programs in Puerto Rico, and any expense that is necessary and convenient for the sale and acquisition of lands intended for parks."
Section 3.- Section 8A is hereby added to Act No. 126 of June 13, 1980, as amended, to read as follows: "Section 8A.- The Secretary may sell parcels ceded to the Department for park use at public auction, provided that he/she:
Determines, after holding a public hearing, of which the residents of the neighboring communities have received notice, that the parcel has lost its utility as park.
The Regulations and Permits Administration frees the use of the park of the parcel of reference.
The Puerto Rico Planning Board authorizes said sale.
In those cases in which the irregular configuration, area, topography, accessibility, or any other characteristic or condition of the parcel does not propitiate its use or development as a park, the Secretary may sell it initially, to natural persons or their heirs, juridical persons from whom the real property was originally expropriated, when its public utility has ceased, or secondly, the real property may be sold to abutting propriators, and if the latter are not interested in the property, it may be sold to any interested party. In each of the above cases, the selling price shall be the fair market value pursuant to the aforemetioned process.
The proceeds of the sale shall be covered in to the Special Fund created in Section 19 of this Act.
The Secretary, upon prior authorization of the Puerto Rico Planning Board, may acquire parcels that may be developed as recreational or sport facilities."
Section 4.- The first sentence of the third paragraph of Section 19 of Act No. 126 of June 13, 1980, as amended, is hereby amended to read as follows: "Section 19.- The Secretary shall have ... Likewise, ... The funds thus collected shall be covered into a special fund, separate and distinct from any other fund belonging to the Government of Puerto Rico, which shall be in custody of the Department of the Treasury and shall be used by the Department for the administration, operation and maintenance of the recreational and sports facilities operated and administered by the Department, sports and recreation programs, and any other expense that is necessary and convenient for the sale and acquisition of land. The collections that are deposited in this fund ...
Every recreational facility..."
Section 5.- Act No. 156 of May 11, 1948, as amended, is hereby repealed.
Section 6.- The balance of the funds retained in the restricted income account, created by virtue of Act No. 156 of May 11, 1948, as amended, and repealed by this Act, is hereby transferred to the Special Fund established by Section 19 of Act No. 126 of June 13, 1980, as amended, known as the Organic Act of the Sports and Recreation Department. Likewise, the balance of the funds developers from contributions are transferred to be used as prescribed therefore in the Organic Act."
Section 7.- The provisions of this Act are severable one from another. If any provision thereof or its application to any person or circumstance should be declared unconstitutional or null, said nullity, shall not affect the remaining provisions nor the application of this Act that could be effective without the need of the provisions that may have been declared null.
Section 8.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 312 (S.B. 1427) of the $4^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add subsection
(r) to Section 7; to amend Section 8; to add Section 8 A; and to amend Section 19 of Act No. 126 of June 13, 1980, as amended, known as the "Organic Act of the Sports and Recreation Department;" and to repeal Act No. 156 of May 11, 1948, as amended in order, to update the said legislation and temper it to the new public policy of returning the Department of Sports and Recreation to its original purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $27^{ ext {th }}$ of October of 2004.
Elba Rosa Rodríguez-Fuentes Director