Esta ley establece la "Ley para el Pago de las Cuotas de Colegiación de Abogados en el Servicio Público". Autoriza a las agencias, oficinas, ramas, instrumentalidades y corporaciones públicas del Estado Libre Asociado de Puerto Rico a pagar o reembolsar las cuotas de colegiación de los abogados que emplean, siempre y cuando estén prestando servicios legales. Excluye a los abogados que prestan servicios bajo contrato, funcionarios electos, jefes de agencias, miembros de juntas directivas de corporaciones públicas, jueces, fiscales y registradores de la propiedad.
(S. B. 2245) (Conference) (No. 53) (Approved January 13, 2004)
To establish the "Act for the Payment of Bar Association Membership Fees of Attorneys in the Public Service."
The migration of Puerto Rican professionals has been subject to much debate. This is undoubtedly by a serious problem for Puerto Rico, considering that its people are the best and most valuable resource of any country. The State, as well as private institutions, invest large amounts of money to educate our youth. Some remain on the Island, but others, attracted by more lucrative offers than those they can obtain locally, choose to move to other jurisdictions, especially to the United States. In order for the State to continue offering quality services and so that local private business can be competitive with other markets, it is necessary to ensure that our professionals will remain on the Island.
However, the migration of professionals not only occurs from our country to foreign countries, but here is a sort of internal migration of professionals who work in the public service who choose to transfer to private business. Although this happens in all professions, the problem is more acute among law professionals, namely, attorneys. Attorneys who begin their careers in public service, thus obtaining valuable experience, choose to leave public service and seek opportunities in private enterprise. Lower salaries and the lack of appropriate incentives contributes to this migration of public service attorneys. In a democratic society such as ours, which is so centered in the supremacy of law, the State cannot
take the chance of losing professionals in the legal field with the experience and knowledge needed to render quality work, which in turn translates into a more adequate protection of the rights of the people.
Among the incentives offered by private business, whether companies or law firms, is the payment of the Bar Association membership fees. This Act shall offer this incentive as a tool to persuade law professionals not to leave the public service.
Section 1.- This Act shall be known as the "Act for the Payment of the Bar Association Membership Fees of Attorneys in the Public Service."
Section 2.- For the purposes of this Act, the following words and phrases shall have the meanings indicated below:
a) Attorney: is a person who holds a Juris Doctor Degree and has passed the General Revalidation Examination administered by the Supreme Court of the Commonwealth of Puerto Rico. b) Bar Association: means the Puerto Rico Bar Association. c) Members Fee: is the current fee that attorneys must pay to the Bar Association annually. d) Contract Services: those Attorneys, who are not employees of an office or department and charge for their services when they complete a specified number of hours, or for services rendered, and are not classified as career employees, as defined in Act No. 5 of October 14, 1975, as amended, known as the "Puerto Rico Public Service Personnel Act."
Section 3.- The agencies, offices, branches, instrumentalities, and public corporations of the Commonwealth of Puerto Rico shall pay or reimburse the payment of the Bar Association members' fees to the attorneys they retain as
employees in their respective offices. The payment or reimbursement of the Bar Association membership fee shall apply only while the attorney is rendering legal services, whether advisory or litigation, thus shall not apply when the attorney is only performing administrative services or other types of counseling. The payment or reimbursement of the Bar Association membership fees shall not apply to attorneys who render services under contract.
Section 4.- The agencies, offices, branches, instrumentalities and public corporations of the Commonwealth of Puerto Rico shall establish the necessary regulations to comply with the provisions of this Act.
Section 5.- The payment of the Bar Association members' fees shall be attributed to any salary, per diem, bonus or any other financial benefit earned by an attorney.
Section 6.- The provisions herein shall not apply to Elected Officials, nor Heads of Agencies Public Corporations, Members of the Board of Directors of Public Corporations of the Commonwealth, Judges, District Attorneys and Property Registrars.
Section 7.- This Act shall take effect January 1, 2004.
I hereby certify to the Secretary of State that the following Act No. 53 (S.B. 2245) (Conference) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to establish the "Act for the Payment of Bar Association Membership Fees of Attorneys in the Public Service. has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 2nd of May of 2005.
Luis E. Fusté-Lacourt Director