Ley 90 del 2008
Resumen
Esta ley enmienda la "Ley General de Asociaciones Cooperativas de 2004" para permitir la creación de cooperativas para reclusos y ex-reclusos. Establece los parámetros bajo los cuales el Inspector de Cooperativas puede examinar estas cooperativas, con un enfoque educativo e informativo para ayudar en su desarrollo y administración. También requiere la presentación de informes anuales sobre la situación de estas cooperativas.
Contenido
(No. 90)
(Approved June 12, 2008)
AN ACT
To amend subsection
(a) of Section 14.0; and to add a new Section 36.2-A to Act No. 239 of September 1, 2004, known as the "General Cooperative Associations Act of 2004," in order to allow for the creation of cooperatives for inmates and ex-inmates; establish the parameters under which the Inspector of Cooperatives may examine the same; and for other related purposes.
STATEMENT OF MOTIVES
Act No. 239 of September 1, 2004, as amended, known as the "General Cooperative Associations Act of 2004," has the purpose of establishing a legal framework for the organization, operation and regulations of cooperatives and the cooperative sector.
In accordance with this, it is the public policy to guarantee the free development and autonomy of cooperatives, and to find the way and manner in which to help, stimulate, foster, promote and support the cooperative movement, among other things. To do this, it is a must to grant them the necessary instruments and mechanisms to enable them to develop and grow as they should.
This Act has as its purpose to establish a more flexible framework for the examination of inmates and ex-inmates cooperatives that exist or that could exist in the future in Puerto Rico. To the best of our knowledge, there is a cooperative for inmates who are artisans. This group of inmates call themselves ARIGOS. The name is a compound derived from the Arcaico,
Igneri and the Ostionan indigenous tribes. The ARIGOS, like the tribes that stood out for the features that characterized them, wanted to take their project to all inmate institutions in Puerto Rico. However, either for lack of knowledge or support, said project has been unable to fully develop in other prison institutions.
However, Act No. 133 of September 28, 2007, was recently promulgated with the purpose of promoting and developing the cooperative culture in training, entrepreneurial development and employment experiences of the clients of correctional systems. Said Act also amends Act No. 47 of August 6, 1991, as amended, known as the "Employment and Training Enterprises Corporation Act."
Since, to the best of our knowledge the inmates and ex-inmates cooperatives development process is about to begin, it is imperative to establish the referred to frame of examination so that the process is not delayed by the rigorous provisions of the aforesaid Act No. 239. Aware of the fact that the cooperative philosophy is an alternative for rehabilitation, this Act is hereby promulgated.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Subsection
(a) of Act No. 14.0 of Act No. 239 of September 1, 2004, as amended, is hereby amended to read as follows: "Section 14.0.-Requirements The Board and Supervisory Committee shall be constituted by members who meet the following requirements:
(a) Have not been convicted of a felony or misdemeanor involving fraud, breach of trust or moral turpitude. The members of those cooperatives that are formed to serve the inmate and ex-inmate populations and that present proof of compliance with the
development plans drafted together with the Inspector of Cooperatives as established in Section 36.2-A of this Act shall be exempted from the application of this subsection.
Section 2.- A new Section 36.2-A is hereby added to Act No. 239 of September 1, 2004, as amended, to read as follows: "Section 36.2-A.- Examination of inmate or ex-inmate cooperatives The Inspector is hereby authorized to examine the operations of all inmate or ex-inmate cooperatives incorporated and operated in Puerto Rico at least once a year. The main purpose of said examination shall be educational and informational in which the examiner, together with inmates and ex inmates, shall draft elements of sound administration and shall prepare an audit report directed to highlighting the operational strengths and weaknesses of the cooperative and to establish a plan for the continuous development thereof.
Said exam, as well as any other consultation, shall be free of cost for inmate and ex inmate cooperatives, since this is considered a public service for the purposes of this Act.
The exam to be prepared by the examiner, together with inmates and ex inmates, shall be conducted only under the parameters established in this Section and on the basis of Act No. 133 of September 28, 2007, which has the purpose of promoting and developing cooperative culture in the experiences of training, entrepreneurial development and employment of clients of the correctional system, also amends Act No. 47 of August 6, 1991, as amended, known as the "Employment and Training Enterprises Corporation Act."
Furthermore, the Office of the Inspector of Cooperatives shall prepare an annual Statement Report on the inmates and ex-inmates cooperatives operating in Puerto Rico, which shall include the following information:
(a) operating situation of inmates and ex-inmates cooperatives;
(b) significant achievements attained;
(c) limiting development factors;
(d) detail of government, cooperatives, community and private support provided to the inmates and ex-inmates cooperatives. Provided, that said Statement Report shall be submitted each year to the committees with jurisdiction over cooperatives in the Legislature of Puerto Rico, the Office of the Governor, the Cooperative Development Administration, the Department of Corrections and Rehabilitation, the Employment and Training Enterprises Corporation, the Investment Fund and Cooperative Development, to the Cooperative Institute of the University of Puerto Rico and to the Cooperative League of Puerto Rico.
The Secretary of the Department of Corrections and Rehabilitation and the Executive Director of the Employment and Training Enterprises Corporation shall have the responsibility of collaborating and facilitating the examination process of the inmates and ex-inmates cooperatives to the Inspector."
Section 3.- In order to comply with the purposes of this Act, the Inspector of Cooperatives shall consign the sums needed to implement the same in its budget of operating expenses.
Section 4.- To ensure the effective consecution of the herein provided, the Inspector of Cooperatives, the Secretary of the Department of Corrections and Rehabilitation, and the Executive Director of the Employment and Training Enterprises Corporation shall approve the rules
and regulations needed to apply the provisions of this Act. They shall also repeal, amend, or modify all the rules, regulations and/or administrative procedures of their respective agencies that are in conflict or that interfere with the attainment of the terms and provisions of this Act. Said process, as it may correspond, shall be carried out pursuant to the provisions of Section 36.11 of Act No. 239 of September 1, 2004, as amended, known as the "General Cooperative Associations Act of 2004," and to the provisions of Act No. 170 of August 12, 1988, as amended, known as the "Commonwealth of Puerto Rico Uniform Administrative Procedures Act."
Section 5.- This Act shall take effect immediately after its approval. However, the Inspector of Cooperatives, the Secretary of the Department of Corrections and Rehabilitation, and the Executive Director of the Employment and Training Enterprises Corporation are granted one hundred and eighty (180) days for the approval of the rules and regulations needed to enforce the provisions of this Act.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 90 (H.B. 4224) of the $7^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection
(a) of Section 14.0; and to add a new Section 36.2-A to Act No. 239 of September 1, 2004, known as the "General Cooperative Associations Act of 2004," in order to allow for the creation of cooperatives for inmates and ex-inmates; establish the parameters under which the Inspector of Cooperatives may examine the same; and for other related purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of September of 2008.
Francisco J. Domenech Director