Esta ley enmienda la Ley Núm. 454 de 28 de diciembre de 2000, conocida como la "Ley de Flexibilidad Administrativa y Reglamentaria para Pequeñas Empresas", para aclarar que dicha ley no autoriza, agiliza o protege la operación de negocios en áreas residenciales en contravención de leyes o reglamentos aplicables. Establece que las agencias gubernamentales deben revisar sus regulaciones para no sobre-regular a las pequeñas empresas y flexibilizar las penalidades, pero sin permitir la operación de negocios en zonas residenciales si esto viola otras normativas.
(Approved March 15, 2004)
To add subsection
(f) to Section 3 of Act No. 454 of December 28, 2000, known as the "Small Business Administrative and Regulatory Flexibility Act," to clarify that said law does not intend to authorize, expedite or protect the operation of businesses in residential areas, in contravention of any applicable law or regulation.
Act No. 454 of December 28, 2000, known as the "Small Business Administrative and Regulatory Flexibility Act," was approved with the purpose that government agencies review their regulations to ensure that small businesses are not excessively regulated, and to make the penalties more flexible in keeping with their size.
This Act allows that government agencies be required to adopt regulations that impose the fewer lightest burden on small business people. Furthermore, guidelines are established on analysis when seeking solutions to problems of public policy without raising barriers to commerce and productivity.
This Act, however, does not have the propose of authorizing or expediting the operation of businesses in residential areas in violation of any applicable laws or regulations.
Section 1.- Subsection
(f) is hereby added to Section 3 of Act No. 454 of
December 28, 2000, to read as follows: "Section 3.- Definition and Scope of the Public Policy of the Administrative and Regulatory Flexibility for Small Businesses:
(a) Each agency shall, at its discretion, modify the financial penalties, for small businesses in whole or in part, when: (1) The violation is corrected within a reasonable period of time. If correcting the violation takes more time than what is indicated, the agency may condone up to one (100) hundred percent of the fine if the money to be paid is used to correct the violation.
(b) The provisions of subsection
(a) of this Section shall apply when the small business complies with the regulations and other requirements of the agency in good faith, and the violation does not constitute a criminal act, or a significant threat to health, safety, or the environment.
(c) Each agency shall submit an annual report to the Governor and to the Small Business Ombudsman with the agenda of the actions to be taken to comply with subsection
(a) of this Section.
(d) Each agency shall reduce the reports required from small businesses in content and frequency, that is to say, all quarterly information shall be done by semester, the semester information shall be done annually, etc., unless the same is of vital importance to protect the health, safety or the environment, or prevents the achievement
of the programs of the agency.
(e) The agency shall remit a report to the Governor of Puerto Rico and to the Small Businesses Ombudsman on the plan of action to comply with subsection
(d) of this Section.
(f) This Act shall not be construed in the sense of authorizing, expediting or protecting the operation of businesses in residential areas in violation of any applicable law or regulations."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 81 (H.B. 3865) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add subsection
(f) to Section 3 of Act No. 454 of December 28, 2000, known as the "Small Business Administrative and Regulatory Flexibility Act," to clarify that said law does not intend to authorize, expedite or protect the operation of businesses in residential areas, in contravention of any applicable law or regulation, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $24^{ ext {th }}$ of June of 2005.
Luis E. Fusté-Lacourt Director