Esta ley enmienda la Ley Núm. 22 de 20 de mayo de 1987, conocida como la "Ley de la Medalla de la Juventud Puertorriqueña", para establecer las definiciones de "Persona Joven", "Juventud" y "Jóvenes", y "Premio". También armoniza las disposiciones de la ley original con estas nuevas definiciones y establece que la mayoría de edad de un candidato durante el proceso de evaluación o al momento de otorgar el premio no será motivo de descalificación si cumplía con la definición de "Persona Joven" al momento de la nominación. La ley amplía el rango de edad considerado como "Persona Joven" de 14-25 a 13-29 años para alinearse con programas federales y estatales y evitar discriminación por edad. Además, modifica la composición del jurado especial para la selección de candidatos, especificando que los representantes legislativos serán los presidentes de las comisiones que atienden asuntos de juventud, sin nombrar específicamente las comisiones para evitar enmiendas futuras debido a cambios en la estructura legislativa.
(S. B. 1798) (Conference) (No. 42) (Approved January 8, 2004)
To add two new Sections 1 and 2, respectively, amend Sections 1 and 6, add a second paragraph to Section 5 and re-number the present Sections 2, 3, 4, 7, 8, and 9 as new Sections, 4, 5, 6, 9, 10 and 11, respectively, all of them in Act No. 22 of May 20, 1987, as amended, for the purpose of establishing the definitions of "Young Person", "Youth" and "Young Persons", "Prize", as well as to harmonize the different provisions of said Act with the definitions included in the present Act, and to also establish the fact that the coming of age of a candidate during the evaluation process and/or by the date the prize is awarded, cannot be used as a criteria to disqualify said candidate under this Act, according to the definition of "Young Person" when on the date of nomination he complied with such provision.
In our legal system, there is legislation which recognizes the rights, benefits, privileges and protection of young Puerto Ricans. For example, Act No. 34 of July 13, 1978, as amended, creates the Youth Affairs Advisory Council, as well as the Office for Youth Affairs as the primary government bodies in the Commonwealth of Puerto Rico with the duty, among others, of developing the public policy on Puerto Rican youth and programs of human services directed to such objectives, as well as of coordinating, with the various pertinent government agencies, the services to be rendered to this population sector, respectively. Furthermore, there is legislation in Puerto Rico recognizing our youth for its worth, services to the community and its disposition to help those in need. This is the case of the provisions of Act No. 22 of May 20, 1987, as amended.
A study of Act 34, supra, shows that there is no definition of the terms "Young Person", "Youth" and "Young Persons", which are used throughout the text of said Act. However, it remains clear that those people who are between fourteen (14) and twenty-five (25) years of age are young persons, although it does not close the door to the interpretation that the term young includes those with ages greater than those indicated.
A legal evaluation of the human service programs to address the needs of this population sector, that is to say, youths, both on the federal and state level, show that the population to be addressed is the one between thirteen (13) and twentynine (29) years of age. For instance, under the "Program for Juvenile Justice and Delinquency Prevention Program", created by Act No. 75, of July 8, 1986, and nurtured with federal funds, the population addressed is that between 13 and 29 years of age. In this manner, the federal funds destined for such purposes and for such population in particular are not placed at risk. On both the federal and international level, the prevailing concept is that someone between 13 and 29 years of age is a young person.
The informative bulletin "Así Somos- Servicios", prepared by the Office of Youth Affairs, states that the agency's mission is "to insure the implementation of the public policy of the Commonwealth of Puerto Rico, taking into consideration the aspirations and goals of young people, between the ages of 13 and 29, through the coordination of direct services in an immediate, accessible and efficient manner, with the cooperation of public agencies, private entities, the citizenry and the active participation of young people in order to promote the complete development of youth". As observed, it is the agency's own determination that has established its jurisdiction, obviously having federal programs and aid as a frame of reference. However, it is necessary that such jurisdiction be formally acknowledged as part of the legal body that governs said agency, in such a way as
to cause full legal effect for those persons who fall under the definitions provided by this Act and who require some type of legal redress when they claim that one of their rights has been breached. It is important that the agency's jurisdiction be established by law, as well as the population to be addressed so that these rights can be permanently guaranteed, unless there is a subsequent amendment to pertinent legislative process, in the sense that people between 13 and 29 years of age shall receive services and shall not be affected by the agency's arbitrary change of views and/or priorities, which can well happen when the public administration changes every four years, or public funds misused especially, federal funds, as the case may be.
On the other hand, it is necessary to harmonize the present provisions of Act No. 22, supra, with the definitions included in the present statute. Accordingly, the age requirement is that which corresponds to the definition of "Young Person" and not, as provided by Act No. 22, supra, from fourteen (14) to twenty-five (25) years of age, since the compelling interest of the State is not established for limiting the nomination of candidates who have attained the ages included in said parameter, due to which, establishing the definition of young by covering certain age parameters and not modifying the present age parameters established in Act No. 22, supra, would be a constitutional violation since it is discrimination on the basis of age and/or an unfair suspect classification, unsupported by a legitimate interest of the State.
Regarding other matters, it is necessary to amend Act No. 22, supra, specifically the present Section 6 , to establish that the members who represent the Legislature, whether from the House of Representatives or the Senate of Puerto Rico before the Special Board that shall evaluate the nominations of young candidates for the referred to prize, shall be chained by the Speaker or President, or their representatives designated for such purpose, the Commission representing
each legislative body addressing in the first instance matters related to the Puerto Rican youth, without literally specifying the name of the Commission, since the same is subject to change every four years. For example at present, Act No. 22, supra, speaks of the Senate Committee on Tourism, Youth, Recreation and Sports. However, factually speaking, said Committee has been divided in half: the Committee on Tourism, Recreation and Sports and the Committee on Youth Affairs. With the proposed amendment to the present legislation, future amendments over this particular matter are avoided, to harmonize Act No. 22, supra, with the new legislative structure that develops every four years.
For all of the above, this Legislature deems it meritorious that the present legislation becomes effective so that there is no doubt regarding the population sector, by age, that comprises the Puerto Rican youth, so that no person between 13 and 29 years of age as comprised in the definition of "Young Person" juridically speaking, in conformance with the federal provisions of human service programs is excluded from recognition for social contributions.
Section 1.- A new Section 1 is hereby added to Act No. 22 of May 20, 1987, as amended to read as follows: "Section 1.- Title. This Act shall be known as the "Puerto Rican Youth Medal Act". Section 2. A new Section 2 is hereby added to Act No. 22 of May 20, 1987, as amended to read as follows: "Section 2.- Definitions. For the purposes of this Act, the following terms and phrases shall have the meaning stated herein below: (1) "Young Person" - refers to all persons between thirteen (13) and twenty-nine (29) years of age.
(2) "Youth" - refers to the entire population group composed of persons between thirteen (13) and twenty-nine (29) years of age. (3) "Young person" - shall have the same meaning as youth (4) "Award" - refers to the "Puerto Rican Youth Medal"."
Section 3.- Section 1 is hereby amended, and re-numbered as Section 3 of Act No. 22 of May 20, 1987, as amended, to read as follows: "Section 3.- Creation An award is established to recognize one (1) young person for his/her values, his/her services to the community and his/her disposition for helping those in need. This award shall be granted annually on the basis of calendar years."
Section 4.- A second paragraph is hereby added to Section 5, and said Section is re-numbered as Section 7 of Act No. 22 of May 20, 1987, as amended to read as follows: "Section 7.- Nominations
The fact that the candidate has come of age during the evaluation process and/or by the date the prize is awarded, cannot be used as a criteria to disqualify said candidate, according to the definition of "Young Person" under this Act, when the date of nomination he/she complied until the same.
Section 5.- Section 6 of Act No. 22 of May 20, 1987, as amended, is hereby amended and re-numbered as Section 8, to read as follows: "Section 8.- Selection. The candidate or candidates shall be selected by a Special Jury of five (5) members. The Executive Director or his/her representative, designated for such purposes from the Youth Affairs Office, the Chairman of the Committee of the Senate of Puerto Rico who addresses, in the first instance, those matters related to the Puerto Rican youth, or his/her representative designated to such effects, the
Chairperson of the Committee of the House of Representatives of Puerto Rico, who addresses, in the first instance, those matters related to the Puerto Rican youth, or his/her representative, designated for such purposes, and two (2) representatives of the public interest, appointed by the Governor of Puerto Rico.
It is further provided that the Executive Director shall make determinations and decisions for the selection of the candidates, provided that a jury is constituted, with a minimum of three (3) members present in the meeting called for such purposes.
Section 6.- Sections 2, 3, 4, 7, 8 and 9 are hereby re-numbered as the new Sections 4, 5, 6, 9, 10, and 11, respectively.
Section 7.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 42 (S.B. 1798) (Conference) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add two new Sections 1 and 2, respectively, amend Sections 1 and 6, add a second paragraph to Section 5 and re-number the present Sections 2, 3, 4, 7, 8, and 9 as new Sections, 4, 5, 6, 9, 10 and 11, respectively, all of them in Act No. 22 of May 20, 1987, as amended, for the purpose of establishing the definitions of "Young Person", "Youth" and "Young Persons", "Prize", as well as to harmonize the different provisions of said Act with the definitions included in the present Act, etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $19^{ ext {th }}$ of September of 2005.
Francisco J. Domenech Director