Esta ley deroga la Ley Núm. 159 de 28 de junio de 1968, que creó la Comisión Permanente para el Control de la Narcomanía, debido a la implementación de la Ley Núm. 3 de 13 de marzo de 2003, que crea la Oficina de Control de Drogas de Puerto Rico. La nueva ley consolida funciones y estructuras relacionadas con el control de drogas bajo la Oficina de Control de Drogas y su Consejo Asesor.
(Approved January 8, 2004)
To repeal Act No. 159 of June 28, 1968, as amended, in view of the implementation of Act No. 3, of March 13, 2003*, which creates the "Puerto Rico Drug Control Office," attached to the Office of the Governor.
Act No. 159 of June 28, 1968, created the Permanent Commission for the Control of Narcomania, attached to the Office of the Governor, formed by, among others, the Secretary of Justice, the Secretary of the Treasury, the Secretary of Education, the Secretary of Health, the Police Superintendent, among other representatives of the public sector, as well as by three (3) members representing the public interest, appointed by the Governor of Puerto Rico with the advice and consent of the Senate.
Among the functions and powers of said Commission, as provided in Section 3 of Act No. 159, supra, the following can be found:
(a) To formulate norms and guidelines to serve as a basis for the creation of encompassing programs covering all the aspects of the problem of drug addiction in Puerto Rico, including but without it being a limitation, the prevention and repression of drug traffic, public education and the treatment, cure and rehabilitation of narcomaniacs.
⁰ ⁰: *Translator's note: Should read 2001.
(b) To perform studies and investigations necessary and convenient to carry out its functions, as well as to offer effective orientation and counseling.
(c) To submit an annual report and any other special reports to the Governor and the Legislature with the recommendations it may deem appropriate.
Act No. 159, supra, specifically in its Section 6 establishes the obligation of all departments, agencies, offices and political subdivisions of the Commonwealth of Puerto Rico to supply to the Commission, free of charge, any necessary information for the performance of the Commission's functions.
On the other hand, on March 13, 2003, Act No. 3 became effective, creating the "Puerto Rico Drug Control Office." Said Office, as established in Section 1 of that Act, was attached to the Office of the Governor, in the same way as the referred Commission.
Furthermore, Act No. 3, supra, created the Advisory Council for Drug Control in Puerto Rico, which shall be presided over by the Governor, or his/her authorized representative, comprised by the following government officers: The Secretary of the Department of Justice, the Police Superintendent, the Port Authority Director, the Secretary of the Department of Correction and Rehabilitation, the Secretary of the Department of Health, Mental Health and Addiction Services Administration, the Secretary of the Department of Education, the Secretary of the Department of Housing, the Secretary of the Family, the Director of the Office of Youth Affairs, the Secretary of the Department of Natural and Environmental Resources, and the Coordinator of Special Communities. Additionally, the participation of a maximum of five (5) Representatives from Civic and Religious sectors and
Private Sector entities devoted to human development, community labor, education, prevention and rehabilitation, who shall be designated by the Governor, shall be guaranteed in this Council.
Section 11 of Act No. 3, supra, establishes the duties and responsibilities of the Advisory Council for Drug Control in Puerto Rico, which are the following: (A) Conduct or coordinate the studies and consultations needed for the extensive analysis of the problem created by the use and abuse of drugs and other addictive substances in Puerto Rico in order to draft the Strategic Plan pursuant to Section 3 of this Act. (B) Render a report of the results and progress of the Public Policy Strategic Plan to the Governor of the Commonwealth of Puerto Rico. (C) Establish the mechanisms for the most effective communication between the civic, private and religious groups, in order to insure that the development and implementation of the governmental strategy against drugs are conducted in an integrated manner. (D) To review the help programs provided by administrative agencies with the purpose of establishing mechanisms to evaluate the effectiveness, development and performance of such programs. To develop a methodology that helps to identify, consolidate, project and improve said programs. To recommend affirmative plans of action, aimed at maximizing efficiency in providing services and in distributing human resources. (E) To recommend changes in that legislation imposing barriers that prevent implementation of a strategy for controlling drugs and other addictive substances. (F) To perform any other function inherent to the responsibilities assigned.
On the other hand, Section 6 of Act No. 3, supra, establishes that the Office of Director shall be empowered to request from public departments, agencies, corporations or instrumentalities and municipalities, any public data, report, statistics or any public information necessary to perform its duties. These entities are bound to cooperate and to promptly provide to the Office the information required.
In summary, as we can see, the functional and operational structure of the Permanent Commission for the Control of Narcomania was absorbed by the entry into effect of Act No. 3, of March 13, 2003, which creates the "Puerto Rico Drug Control Office," which in turn, is attached to the Office of the Governor.
The Advisory Council for Drug Control in Puerto Rico includes the participation of the Secretaries of the Departments of Justice, the Family, Education, Health and the Puerto Rico Police who, in turn, form part of the referred to Commission. Additionally, said Advisory Council includes the participation of five (5) public interest representatives, which includes the three (3) that comprise the Permanent Commission for the Control of Narcomania.
Furthermore, the functions and powers of the Commission are among the duties and responsibilities of the Advisory Council for Drug Control in Puerto Rico, as previously stated. The same occurs with the power to require from government agencies and entities all information and documents necessary to discharge its ministerial functions effectively and efficiently.
For all of the above, to achieve uniformity in our legal texts, thus avoiding the duplication of similar legal texts, the Legislature of Puerto Rico deems proper the enactment of the present legislation.
Section 1.- Act No. 159 of June 28, 1968, as amended, is hereby repealed.
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 7 (S.B. 2329) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to repeal Act No. 159 of June 28, 1968, as amended, in view of the implementation of Act No. 3, of March 13, 2003*, which creates the "Puerto Rico Drug Control Office," attached to the Office of the Governor, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 4th of April of 2005.
Luis Fusté-Lacourt Director