Esta ley restaura el texto de una sección de la Ley Núm. 5 de 14 de octubre de 1975, conocida como la "Ley de Personal del Servicio Público", enmendada por la Ley Núm. 254 de 31 de agosto de 2000. Establece como requisito para el reclutamiento y selección de servidores públicos la obligación de haber radicado sus planillas de contribución sobre ingresos por los cuatro años anteriores a la solicitud, si estaban legalmente obligados a hacerlo. También deroga la Ley Núm. 55 de 4 de enero de 2003.
(S. B. 2021) (Reconsidered) (No. 114) (Approved on April 17, 2003)
To restore the text of subsection (3) of Section 4.3 of Act No. 5 of October 14, 1975, as amended by Act No. 254 of August 31, 2000; and to repeal Act No. 55 of January 4, 2003.
In view of the constant evasion of taxes that afflicts our country, and as a means to increase the revenues of the General Fund of Puerto Rico, diverse measures have been adopted to lessen this problem. Among these, the Legislature of Puerto Rico approved Act No. 254 of August 31, 2000, to amend Act No. 5 of October 14, 1975, as amended, known as the "Public Service Personnel Act," to add as a requirement for the recruitment and selection of public servants, the obligation of filing their income tax returns, if they were legally bound to do so. Furthermore, this Act provided that an employee can be dismissed when it is determined that he/she failed to comply with the duty of filing an income tax return in the Department of the Treasury, on one or more occasions.
Subsequently, Act No. 55 of January 4, 2003, was approved with the purpose of exempting a person who desires to become a public servant, and has complied by remitting the income tax return by regular mail, within the term established by law, and received by the Department of the Treasury within two (2) days following the deadline, from the penalty of not being
appointed. In the Statement of Motives of Act No. 55, supra, it was argued that the purpose of Act No. 254, supra, is to penalize the applicants to public office who have not filed their income tax returns within the term established by law, since their appointment to the position would not be allowed. Pursuant to this premise the Legislature deemed it is necessary to legislate to prevent that a person who files his tax return by mail, and due to the huge backlog of correspondence, the filing date stamped by the Department of the Treasury is later than that established by law, be denied the opportunity to work.
Therefore, we understand that the objective in approving Act No. 55, supra, is praiseworthy, because it tries to prevent people from being affected by the delay of the postal service in processing correspondence causing them to file their returns late, and as a result, can not be considered for appointment to the public position.
After studying and analyzing the content of Act No. 254, supra, what said Act pursues and provides, is that applicants are bound to file their income tax return, if by law they have the obligation to do so, in order to be appointed. Obviously, this legal provision does not prevent those persons who have not filed a tax return from being appointed, but it does impose the requirement that they must file their tax returns before being appointed.
It is our duty, as the Legislature, to see that the norms approved are clarified if interpretations of the same emerge, and thus guarantee that when they are enforced justice is adequately and fairly imparted. Consequently, it is our objective to repeal Act No. 55, supra, and to return to the previous rules of law, through Act No. 254, supra.
Section 1.- The provisions of paragraph (3) of Section 4.3 of Act No. 5 of October 14, 1975, as amended by Act No. 254 of August 31, 2000, are hereby restored to read as follows: "Section 4.3.- Provisions on Recruitment and Selection.- The agencies under the personnel system shall offer every qualified person who wishes to participate in the public functions of the Country, the opportunity to compete. This participation shall be established in consideration of their merit, without discrimination for race, color, sex, birth, age, social origin or condition, physical or mental impairment, or political [and] or religious beliefs.
The following general provisions shall govern the recruitment and selection of career personnel: (1) ... (3) The following general conditions are established for entrance into public service: to be physically and mentally able to perform the duties of the position; to give evidence, at the time of the application for employment, that their income tax return has been filed the four (4) years prior to the application if bound to file it; not been guilty of misconduct; nor been removed from public service; not been convicted of a felony or for any other offense entailing moral turpitude; and not be addicted to the habitual and excessive use of controlled substances or alcoholic beverages."
The last four (4) conditions shall not apply when the applicant has been rehabilitated.
Section 2.- Act No. 55 of January 4, 2003 is hereby repealed. Section 3.- This Act shall take effect January 4, 2003.
I hereby certify to the Secretary of State that the following Act No. 114 (S.B. 2021) (Reconsidered) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to restore the text of subsection (3) of Section 4.3 of Act No. 5 of October 14, 1975, as amended by Act No. 254 of August 31, 2000; and to repeal Act No. 55 of January 4, 2003, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $28^{ ext {th }}$ of June of 2004.
Elba Rosa Rodríguez-Fuentes Director