Esta ley enmienda la Ley Núm. 354 de 2 de septiembre de 2000 para incluir a las personas de 60 años o más entre quienes tienen derecho a turnos prioritarios en agencias, instrumentalidades, corporaciones públicas, municipios y entidades privadas que reciben fondos públicos y ofrecen servicios directos a los ciudadanos. También exige que estas entidades, con excepción del Registro de la Propiedad, coloquen avisos visibles y legibles indicando el sistema de turnos prioritarios para personas con discapacidades y adultos mayores. Incorpora la Oficina de Asuntos de la Vejez a los organismos encargados de velar por el cumplimiento de la ley y establece la obligación de adoptar reglamentos modelo.
(S. B. 1991) (Conference) (No. 47) (Approved on January 10, 2004)
To amend Sections 1, 2, and 3, renumber them as Sections 1, 5, and 6, respectively, as well as to add Sections 2, 3, and 4 to Act No. 354 of September 2, 2000, which requires the granting of priority turns for persons with disabilities, for the purpose of including the elderly entitled to the benefits granted by this Act, as well as to require that the bodies referred to in this Act, with the exception of the Property Registry, affix, a sign, poster, notice, announcement or placard, visible and legible, indicating the system of granting priority turns for the benefit of persons with disabilities and persons sixty (60) years of age or more who visit the facilities to procure their services; to incorporate the Office of Elderly Affairs to the bodies responsible for ensuring compliance with this Act and to establish the obligation to adopt the model regulations drafted by the Office of the Disabled Persons Investigating Official or the Office of Elderly Affairs.
"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, the 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 the elderly, duly identified with a card or with any other proof of age issued by a state authority.
More than one year after the effectiveness of said Act, many persons with disabilities and/or elderly have benefited from the same making their visit to public services bodies more accessible and comfortable considering their special conditions, due to their health and/or age.
Act No. 354, supra, directs the agencies and instrumentalities of the Commonwealth of Puerto Rico, as well as its municipalities and private entities that receive public funds, to issue priority turns to persons with physical, mental or sensorial limitations, when they visit the facilities on their own or in the company of relatives or guardians or persons doing on their behalf or in representation thereof, to perform chores and administrative errands.
However, there have been complaints from many elderly and/or with disabilities who have visited various bodies that render services to the general community because of ignorance about the right granted by Act No. 51, supra, as well as by Act No. 354, supra, for the lack of notice in said facility to make public their rights.
However, some of the bodies referred to in Act No. 51, supra, and in Act 354, supra, have posted some notices, some of which are of a very small size, others indicate that the right is for the persons "over 60 years of age," while others have simply placed the international sign that represents the persons with disabilities and others have placed the signs where they cannot be easily seen. The situation worsens at the time when many people visit these offices, as is the case of revenue collection offices on the first and last days of the month, when the persons are unable to see the signs displayed inside the facilities.
It should also be mentioned that Act No. 51 had its most recent local precedent in Act No. 354 of September 2, 2000. Act No. 354, supra, establishes that 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 the persons with physical, mental or sensorial limitations, when they visit the facilities on their own or in the company of relatives, guardians or persons doing chores or administrative errands on their behalf or in representation of them.
Act No. 354, supra, was not repealed nor did it fall in disuse, it is merely academic since the effectiveness of Act No. 51, supra. One statute complements the other, because not all agencies or public corporations of the Commonwealth of Puerto Rico render services to our citizens, especially to those who have some type of disability and/or are elderly, through the line system, but rather through the use of the system of turns, by order of arrival.
Therefore, it is necessary that the texts of Act No. 51, supra, and Act No. 354, supra, be in harmony one with the other. It is also necessary that in view of the lack of knowledge by a great part of elderly and/or persons with disabilities, of the benefits granted by Act No. 51, supra, as well as by Act No. 354, supra, that a mechanism be established to the disclose and orient them on their rights. And what place could be better than the same facility where these people seek services?
Finally, it is of utmost importance to consider and to guarantee that the right granted through Act No. 354, supra, as well as through Act No. 51, supra, does not affect fundamental principles of the Law. For instance, in matters of the law on mortgage recording, the fundamental principle of priority applies which govern the Property Registry, attached to the Department of Justice. Under this principle, first in time is first in Law.
That is to say, the first person who files his documents with the Property Registry has priority over any other priority concerning the right recorded in said Registry.
In compliance with our ministerial and constitutional duty of safeguarding the rights and protection of our citizens, in this case, persons with disabilities and/or the elderly, it becomes essential for the Senate of the Commonwealth of Puerto Rico to assume a leading role in favor of these Puerto Rican brothers and sisters.
Section 1.- Section 1 is hereby amended and renamed as Section 1 of Act No. 354 of September 2, 2000, to read as follows: "Section 1.- With the exception of what is provided in Section 3 of this Act, all agencies, instrumentalities and public corporations, the Commonwealth of Puerto Rico, as well as the municipalities and private entities that receive public funds, and offer direct services to citizens, are directed to grant priority turns to the persons with disabilities, as certified by the Department of Health, as well as to persons sixty (60) years of age or more, duly identified with a card or any other proof of age issued by a government authority whether, state or federal, when these persons visit said facilities on their own or in the company of relatives, guardians or persons acting in their name and in representation of the same, to perform administrative procedures exclusively in their behalf."
Section 2.- Section 2 is hereby amended and renamed Section 5 of Act No. 354 of September 2, 2000, to read as follows: "Section 5.- The Office of the Disabled Persons Investigator and the Office for the Elderly Affairs shall be in charge of ensuring compliance with this Act."
Section 3.- A Section 2 is hereby added to Act No. 354 of September 2, 2000, to read as follows: "Section 2.- All the agencies, instrumentalities and public corporations of the Commonwealth of Puerto Rico as well as its municipalities and private entities that receive public funds, shall be responsible for posting in the area designated to take the turns and/or write their names in the waiting list, as well as in the main entrance of the facility, specifically in an area visible to the public, at eye level, a sign, notice, poster, announcement or placard, 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 more." Act No. 354 of September 2, 2000, as amended
Said sign, notice, poster, announcement or placard, shall be made and affixed, in compliance with the pertinent sections of the "American with Disabilities Act Accessibility Guidelines", in a size not smaller than eleven inches by fourteen inches ( 11 " x 14"), using block letters of a minimum size of half an inch (1/2"). In the event, that petition of a citizen requesting services, that the personnel realizes that the applicant does not or cannot read, the employees of the offices referred to in Section 1 of this Act, as part of their jobs, are obligated to inform such person of his/her right to the benefit provided by this Act. Furthermore, the model regulations provided by the Office of the Disabled Persons Investigating and the Office of Elderly Affairs or the shall be used and adopted, in reference to the implementation of the priority turns and the express line."
Section 4.- A Section 3 is hereby added to Act No. 354 of September 2, 2000, to read as follows: "Section 3.- With the purpose of safeguarding the fundamental principle of priority that governs our mortgage registration law, the provisions of this Act shall not be applicable to the Property Registry attached to the Department of Justice."
Section 5.- A Section 4 is hereby added to Act No. 354 of September 2, 2000, to read as follows: "Section 4.- When it is so requested, the Office of the Disabled Persons Investigating, as well as the Office of Elderly Affairs shall provide the corresponding advice to the bodies responsible under this Act on the necessary regulations to be adopted for the making and affixing of said sign, notice, poster, announcement or placard so that the same is in compliance with the pertinent sections of the "Americans with Disabilities Act Accessibility Guidelines."
Section 6.- Section 6 is renamed as Section 6 of Act No. 354 of September 2, 2000.
Section 7.- This Act shall take effect thirty (30) days after its approval. However, a term of six (6) months is provided, as of its approval, to establish all the necessary amendments to any existing regulations or to create any form needed to implement this Act.
I hereby certify to the Secretary of State that the following Act No. 47 (S.B. 1992) (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, renumber them as Sections 1, 5, and 6, respectively, as well as to add Sections 2, 3, and 4 to Act No. 354 of September 2, 2000, which requires the granting of priority turns for persons with disabilities, for the purpose of including the elderly entitled to the benefits granted by this Act, as well as to require that the bodies referred to in this Act, with the exception of the Property Registry, affix, a sign, poster, notice, announcement or placard, visible and legible, indicating the system of granting priority turns for the benefit of persons with disabilities and persons sixty (60) years of age or more who visit the facilities to procure their services; 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