Esta ley enmienda la Ley Núm. 1 de 1 de diciembre de 1989, conocida como "Ley para Reglamentar la Operación de Establecimientos Comerciales", y la Ley Núm. 10 de 20 de mayo de 1972. Autoriza que el cincuenta (50) por ciento de las multas recaudadas por penalidades se destine a propósitos generales del Departamento de Justicia y el dinero restante sea utilizado por la Oficina de Asuntos Antimonopolísticos. También establece que las violaciones a la ley constituyen prácticas comerciales desleales y métodos de competencia desleal, y que el Departamento de Asuntos del Consumidor impondrá multas administrativas.
(Approved September 17, 2004)
To amend Section 11 of Act No. 1 of December 1, 1989, as amended, known as an "Act to Regulate the Operation of Commercial Establishments", and Section 1 of Act No. 10 of May 20, 1972, in order to authorize that fifty (50) percent of the fines collected for penalties be used for general purposes of the Department of Justice and that the remaining money collected be used by the Anti-Trust Affairs Office.
The "Act to Regulate the Operation of Commercial Establishments" approved in 1989, provides in its Section 11 that the amount collected for administrative fines imposed by the Department of Consumer Affairs to violators of the statute, shall be covered into the Special Fund created by Act No. 10 of May 20, 1972, as amended, to strengthen the resources available to the Anti-Trust Affairs Office for the purpose of ensuring compliance with this Act and to defray the cost of training and professional improvements programs of its officers.
At present, the money that is covered into the Special Fund created by Act No. 10 of March 20, 1972, may be used by the Department of Consumer Affairs through any of its divisions. This is not the case with respect to the Department of Justice, where the money that is covered into the fund may only be used through the Anti-Trust Affairs Office, even though the money covered into the fund may be indispensable for the needs of the Agency and its adequate use could result in the benefit of our people, and therefore, the
consumers. To our understanding, this is an anomalous situation which limits the possibilities and efficient administration of the Department of Justice, and that to allow that both the money available as well as that generated in the future from fines imposed by virtue of Section 11 of Act No. 1 of December 1, 1989, as amended, known as an "Act to Regulate the Operation of Commercial Establishments", would resolve this anomaly, the amendments herein consigned are adopted.
Section 1.- Section 11 of Act No. 1 of December 1, 1989, as amended, is hereby amended to read as follows: "Section 11.- Penalties.- Each violation to the provisions of this Act shall constitute a misdemeanor punishable with a fine of not less than one thousand $(1,000)$ dollars nor greater than twenty-five thousand $(25,000)$ dollars or a fixed penalty of imprisonment for a term of six (6) months, or both penalties at the discretion of the court. In the case of aggravating circumstances, the penalty of imprisonment shall be raised to one (1) year, and if there were mitigating circumstances, the penalty of imprisonment may be reduced to three (3) months. The persons accused for violation to the provisions of this Act shall be entitled to trial by jury. Each violation to the provisions of this Act committed in a unit or store of the establishment shall constitute a different and separate violation.
Every violation to the provisions of this Act shall also constitute an unfair and disloyal practice or method of competition. In these cases, the Antitrust Affairs Office shall file and process the corresponding complaint before the Department of Consumer Affairs pursuant to the provisions of Section 3 of Act No. 77 of June 25, 1964, as amended. The Department of
Consumer Affairs shall impose administrative fines of not less than one thousand $(1,000)$ dollars nor greater than twenty-five thousand $(25,000)$ dollars on the violators of the Act. The money generated from these fines shall be covered into the Special Fund created by Act No. 10 of March 20, 1972, as amended. Fifty (50) percent of the money covered into the fund, present and future, shall be used to strengthen the resources available of the Department of Justice for compliance with its ministerial duties. The remainder of the money collected shall be used by the Antitrust Affairs Office to ensure compliance of this Act and to defray the cost of professional training and improvement programs of its officers."
Section 2.- Section 1 of Act No. 10 of May 20, 1972, is hereby amended to read as follows: "Section 1.- The Department of Consumer Affairs and the Department of Justice may recover costs and attorney fees in all actions that are filed in our courts and in the Federal Courts for the protection of consumers."
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 379 (H.B. 3196) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 11 of Act No. 1 of December 1, 1989, as amended, known as an "Act to Regulate the Operation of Commercial Establishments", and Section 1 of Act No. 10 of May 20, 1972, in order to authorize that fifty (50) percent of the fines collected for penalties be used for general purposes of the Department of Justice and that the remaining money collected be used by the Anti-Trust Affairs Office, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $2^{ ext {nd }}$ of February of 2006.
Francisco J. Domenech Director