Esta ley enmienda la Ley Núm. 51 de 4 de julio de 2001 para requerir la colocación de letreros visibles y legibles que indiquen la existencia de una "línea de servicio expreso" para personas con discapacidades y mayores de 60 años en agencias, instrumentalidades, corporaciones públicas, municipios y entidades privadas que reciben fondos públicos. También incluye a los municipios y entidades privadas que reciben fondos públicos entre las entidades obligadas a establecer este sistema y establece la obligación de adoptar reglamentos modelo preparados por la Oficina del Procurador de las Personas con Impedimentos o la Oficina para Asuntos de la Vejez. Se exceptúa el Registro de la Propiedad debido al principio de prioridad hipotecaria.
(Approved on January 10, 2004)
To amend Sections 1, 2, and 3, re-numbering Section 2 as Section 6 and Section 3 as Section 5, as well as adding new Sections 2, 3, and 4, and also re-numbering the present Section 4 as Section 7, all in Act No. 51 of July 4, 2001, which creates the express line for persons with disabilities and for persons of sixty (60) years of age or more, in order to require that a visible and legible posters sign, label, announcement or warning, which indicates an "express service line" system be posted in the entities to which this Act refers, with the exception of the Property Registry, for the benefit of persons sixty (60) years of age or over who visit their installations to procure their services; additionally, to include municipalities and private entities that receive public funds among those entities with the responsibility to establish the "express line" system in the facilities that offer services to the public, and to establish the obligation to adopt the model regulations prepared by the Office of the Disabled Persons Investigating Official or the Office for the Affairs of the Elderly.
"What would be an inconvenience for a person without disabilities, such as having to stand in a long line, could become a serious problem for a person with disabilities or an elderly, that may affect his/her possibilities of lifestyle or of receiving a service."
With this guiding principle, this Legislature approved Act No. 51, of July 4, 2001, which provides that all agencies and corporations of the Commonwealth of Puerto Rico shall provide an express service line for those persons with disabilities, duly certified by the Department of Health, and for elderly persons duly identified with a card or with any other proof of age issued by government authority.
More than one year after the said statute, became effective, there have been many people with disabilities and/or of advanced age that have benefited thereby since their visits to public service entities have become more accessible and comfortable, in view of their special conditions, related to their health and/or age.
However, there have been several complaints from many disabled or elderly citizens who have gone to various entities that render services to the community in general, due to lack of information of the rights granted by Act No. 51, supra, as well as the lack of signs in said facility advising them of their rights or identifying the line reserved for such purpose.
On the other hand, some bodies referred to in Act No. 51, supra, have posted notices, of which some are very small, others indicate that the benefits are for persons "over 60 years of age", others have merely placed the international sign that identifies people with disabilities and others have posted the signs in places that are barely visible. The situation is aggravated on those dates that many clients pack these offices, such as in the case of tax collectors offices, on the first and last days of the month, and the people are unable to see the signs placed inside the facilities.
It should also be mentioned that the most recent local precedent of Act No. 51 is found in Act No. 354 of September 2, 2000. Act No. 354, supra, seeks that the agencies and instrumentalities of the Commonwealth of Puerto Rico, as well as its municipalities and private entities that receive public funds, grant priority turns to persons with physical, mental or sensory limitations, when they visit the facilities on their own or accompanied by family members or guardians or persons who act in their behalf or representing them, while performing administrative errands and tasks.
Act No. 354, supra, was not repealed nor became useless, it is just of academic when Act No. 51, supra, came into effect. Both statutes complement each other,
since in not in all agencies or corporations of the Government of the Commonwealth of Puerto Rico services are offered to our citizens, specifically to those who are elderly or have some type of disability, through the system of standing in line, but in many of these, the system of turns, by order of arrival is used.
Therefore, it is necessary that the texts of Act No. 51, supra, as well as that of Act No. 354, supra, be consonant with each other. It is also necessary that the "express service line" system provided in Act No. 51, supra, be extended to the municipalities of the Commonwealth of Puerto Rico, as well as to the private entities that receive public funds.
Finally, it is extremely important to consider and guarantee that the rights granted through Act No. 354, supra, as well as through Act No. 51, supra, shall not affect the basic principles of Law. For example, with regard to the mortgage registration Act, the fundamental principle of priority applies, which governs the Property Registry, attached to the Department of Justice. Under this principle, first in time is first in Law. To wit, the first person who is able to register his documents in the Real Estate Records Office, has priority over any other right recorded in said Registry.
Complying with our ministerial and Constitutional duty to safeguard the rights and protect our citizens, in this case, people with disabilities and/or the elderly, it is pertinent for the Senate of the Commonwealth of Puerto Rico to assume a leading role in behalf of our Puerto Rican brethren.
Section 1.- Section 1 of Act No. 51, of July 4, 2001, is hereby amended to read as follows: "Section 1.- With the exception of what is provided in the second paragraph of Section 3 of this Act, all Commonwealth of Puerto Rico agencies, instrumentalities
and public corporations, as well as the municipalities and private entities that receive public funds, that offer services directly to citizens, are directed to design and adopt an "express service line" system for persons with disabilities, as certified by the Department of Health, as well as for persons sixty (60) years of age or older, duly identified with a card or any other proof of age issued by state or federal government authority, when they visit them on their own or accompanied by family members, or guardians or persons doing business in their behalf or as their representative, to discharge administrative matters and business exclusively in their behalf."
Section 2.- The present Section 2 is hereby amended and renumbered as Section 6, of Act No. 51 of July 4, 2001, to read as follows: "Section 6.- The Office of the Disabled Persons Investigating Official and the Office for Elderly Affairs shall be in charge of ensuring compliance of this Act."
Section 3.- Section 3 of Act No. 51, of July 4, 2001, is hereby amended to read as follows: "Section 3.- The Secretaries and Directors of agencies, instrumentalities and public corporations, as well as the Mayors of the different municipalities and the directors and/or administrators of private entities that receive public funds, referred to in Section 1 of this Act, shall design and implement the "express line service" system in their respective agencies, offices, municipalities and entities, as directed in Section 1 of this Act, within a term that shall not exceed six (6) months from the date of approval of this Act.
With the purpose of safeguarding the principle of priority that governs our mortgage registration laws, the provisions of this Act shall not apply to the Property Registry attached to the Department of Justice."
Section 4.- A new Section 2 is hereby added to Act No. 51 of July 4, 2001, to read as follows:
"Section 2.- All agencies, instrumentalities and public corporations of the Commonwealth of Puerto Rico, as well as its municipalities and private entities that receive public funds, shall have the responsibility of posting, in the line designated as "express line" as well as in the main entrance, specifically in an area visible to the public, at eye level, a poster, sign, notice, or placard that is visible and legible from a distance of ten (10) feet, indicating the following:
For Persons with Disabilities and/or Persons 60 years of Age or over." Said poster, sign, notice, placard or announcement of a size not less than eleven inches by fourteen inches ( 11 " x 14"), using block letters of a minimum size of one-half inch (1/2"), shall be made and placed, in compliance with the pertinent sections of the "Americans with Disabilities Act Accessibility Guidelines". Should it become apparent, by the request of a citizen requesting services, or that the personnel becomes aware that the applicant does not, or cannot read, the employees of the offices referred to in Section 1 of this Act, have the obligation to inform that person of his/her right to the benefits established in this Act, as a means of accommodation.
In addition to what is provided above, they must use and adopt the model regulations provided by the Office of the Disabled Persons Investigating Official and the Office for Affairs of the Elderly regarding the implementation of the priority turns and the express line system.
Section 5. The present Section 4 is renumbered as Section 5 of Act No. 51 of July 4, 2001.
Section 6. A new Section 4 is hereby added to Act No. 51 of July 4, 2001, to read as follows:
"Section 4. When so requested, The Office of the Disabled Persons Investigating Official, as well as the Office for the Affairs of the Elderly shall offer the entities liable under this Act, the corresponding advice with regard to the regulations that need to be adopted to make and place said sign, notice, poster, announcement or placard, so that it is in compliance with the pertinent sections of the "Americans with Disabilities Act Accessibility Guidelines."
Section 7. This Act shall take effect thirty (30) days after its date of approval. Nevertheless, a term of six (6) months is provided, from its approval, to establish all the necessary amendments to any existing regulations, or to create any forms needed to implement this Act.
I hereby certify to the Secretary of State that the following Act No. 46 (S.B. 1991) (Conference) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 1, 2, and 3, re-numbering Section 2 as Section 6 and Section 3 as Section 5, as well as adding new Sections 2, 3, and 4, and also re-numbering the present Section 4 as Section 7, all in Act No. 51 of July 4, 2001, which creates the express line for persons with disabilities and for persons of sixty (60) years of age or more, in order to require that a visible and legible posters sign, label, announcement or warning, which indicates an "express service line" system be posted in the entities to which this Act refers, with the exception of the Property Registry, etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $10^{ ext {th }}$ of May of 2005.
Luis E. Fusté-Lacourt Director