Esta ley enmienda la Ley Núm. 313 de 2 de septiembre de 2000 para transferir las funciones del Programa de Subsidio de Alquiler de Vivienda para Veteranos de Puerto Rico del Departamento de la Vivienda a la Oficina del Procurador del Veterano de Puerto Rico. Establece definiciones, regula el programa de subsidio de alquiler, fija límites máximos para los subsidios, autoriza al Procurador del Veterano a adoptar reglamentos y a solicitar evidencia de ingresos, y crea el Fondo Especial de Subsidio de Alquiler de Vivienda para Veteranos. También autoriza a la Oficina del Procurador del Veterano a incurrir en obligaciones hasta un monto específico.
| (H. B. 1782) |
|---|
| (Reconsidered) |
(Approved February 14, 2004)
To amend subsection
(b) of Section 2; amend subsections
(a) ,
(b) ,
(c) ,
(d) and
(f) ; eliminate subsection
(g) and redesignate subsection
(h) as subsection
(g) of Section 3; amend Section 4, subsection
(d) of Section 5, and Section 6 of Act No. 313, approved on September 2, 2000, in order to transfer the functions assigned to the Department of Housing, to the Puerto Rico Veterans Advocate Office, and for other purposes.
House Resolution No. 689, approved March 14, 2001, directed the Labor and Veterans Affairs Committee to perform an investigation of the Juana Díaz Veterans Home, attached to the Office of the Puerto Rico Veterans Advocate. The main problem that affects the development of the project to its fullest capacity is the cost of the services, which is reflected in a low yield. The United States Department of Veterans Affairs provides the resources for its operations and qualified veterans also contribute. Even with the federal appropriation, many veterans who do not have financial resources are unable to afford the monthly payments.
The Housing Rental Subsidy Program for Puerto Rico Veterans, attached to the Department of Housing, was created through Act No. 313, approved September 2, 2000, to subsidize the costs of these facilities for those veterans who lack economic resources.
During the public hearings held by virtue of the orders in House Resolution No. 689, all concurred that due to the complexity of the functions of the Department of Housing in terms of the multiple programs, budget and human resource limitations, it is difficult for said Department to establish the program within the shortest possible time. The Secretary of the Department of Housing favorably recommended the transfer of the "Housing Rental Subsidy Program for Puerto Rico Veterans," to the Puerto Rico Veterans Advocate Office.
The Legislature acknowledges that for our veterans to enjoy the benefits granted in the abovementioned Act No. 313, it is imperative to adopt legislation to transfer the functions assigned to the Department of Housing under Act No. 313, approved September 2, 2000, to the Puerto Rico Veterans Advocate Office.
Section 1.- Subsection
(b) of Section 2 of Act No. 313, approved September 2, 2000, is hereby amended to read as follows: "Section 2.- Definitions.- For the purposes of this Act, the following terms and phrases shall have the meaning stated below:
a) ... b) "Advocate" - is the Puerto Rico Veterans Advocate Office.
(c) ...
Section 2.- Subsections
(a) ,
(b) ,
(c) ,
(d) , and
(f) are hereby amended, subsection
(g) is eliminated and subsection
(h) is redesignated as subsection
(g) of Section 3 of Act No. 313, approved September 2, 2000, to read as follows:
"Section 3.- Housing Rental Subsidy Program
(a) The Veterans Advocate is hereby authorized to create a program to subsidize the monthly housing rental payments established pursuant to Public Law No. 88-450 of August 19, 1964, as amended, better known as "Nursing Home Care," for every veteran and his or her spouse, or for the surviving spouse of a veteran.
(b) The subsidy shall consist of a reduction in the monthly rental payments of the collective housing facility granted to every veteran and his or her spouse, or the surviving spouse of a veteran. The Veterans Advocate is hereby authorized to adopt the regulations needed to determine the subsidy to be received by the beneficiary depending on the monthly income of the veteran.
(c) The maximum subsidy to be granted in the case of veterans who avail themselves of the home care system shall not exceed the sum of four hundred (400) dollars a month. The Veterans Advocate is hereby empowered to adopt the regulations needed to dispose of the subsidies to be granted and their duration.
(d) The maximum subsidy that may be granted in the case of veterans who avail themselves of the nursing care system shall not exceed the sum of six hundred (600) dollars a month. The Veterans Advocate is hereby empowered to adopt the regulations needed to provide the subsidies to be granted and their duration.
(e) ...
(f) The Veterans Advocate may request and obtain evidence of the income of the veteran and his or her spouse or of the surviving spouse of a veteran with the purpose of determining the subsidy to be granted.
(g) The beneficiary of the subsidy must keep the corresponding payments up to date to continue to benefit from the subsidy granted under this Act. Should the beneficiary of the subsidy be delinquent in paying the rent, the subsidy for the months in arrears shall only be honored if the payment is brought up to date and it is accepted by the lease holder."
Section 3.- Section 4 of Act No. 313, approved September 2, 2000, is hereby amended to read as follows: "Section 4.- Regulations; Reports The Veterans Advocate, with the advice of the Secretary of Housing, shall adopt the regulations and standards that are necessary and consistent with the purposes of this Act, and shall have the force of law after being promulgated pursuant to Act No. 170 of August 12, 1988, as amended, known as the "Commonwealth of Puerto Rico Uniform Administrative Procedures Act."
The Veterans Advocate, after the close of each fiscal year, but no later than the first of November, shall render a report to the Legislature that shall include a statement of the results obtained in the administration of this Act, the fiscal situation, and recommendations to improve the condition of our veterans. It is hereby provided that an external audit of the operations of the Program shall be performed annually, and a copy thereof shall be remitted to the Legislature."
Section 4.- Subsection
(d) of Section 5 of Act No. 313, approved September 2, 2000, is hereby amended to read as follows: "Section 5.- Restrictive Conditions The following restrictive conditions in the leasing subsidies shall be consigned in the lease contract:
a) ... b) $\ldots$ c) $\ldots$ d) Any other condition established by the Veterans Advocate through regulations to such effect.
Failure to comply with the restrictive conditions consigned in this subsection shall entail the suspension of the subsidy."
Section 5.- Section 6 of Act No. 313, approved September 2, 2000, is hereby amended to read as follows: "Section 6.- Creation of the Special Fund A special fund is hereby created that shall be known as the "Veterans Housing Rental Subsidy Fund." This Fund shall be administered pursuant to the standards and regulations adopted by the Veterans Advocate Office, in accordance with the provisions for the administration of similar funds in effect. The Fund shall be used by the Veterans Advocate Office to grant the subsidies provided in this Act.
The Puerto Rican Veterans Advocate Office shall incur obligations up to the amount of one million six hundred thousand $(1,600,000)$ dollars to comply with the provisions of this Act. The resources used by the Fund chargeable to this authorization shall be consigned annually in the General Budget of the Veterans Advocate Office of the Commonwealth of Puerto Rico."
Section 6.- The Secretary of Housing shall reevaluate the cases of every veteran to whom a subsidy has been granted by virtue of the provisions of Act No. 173, approved August 31, 1996, known as the "Housing Rental and Improvement Subsidy Program for Low-Income Elderly Persons," and transferred to the Housing Rental Subsidy Program for Puerto Rican Veterans, created by Act No. 313, approved September 2, 2000. Likewise, the Veterans Advocate shall evaluate those cases transferred to it by the Secretary of Housing to determine whether they qualify to receive the benefits of the Program administered by its Office.
Section 7.- Authorization to Incur Obligations The Puerto Rico Veterans Advocate Office is hereby authorized to incur obligations annually up to one million six hundred $(1,600,000)$ dollars. The resources used as authorized shall be consigned as of fiscal year 2004-05, in the General Budget of Expenses of the Puerto Rico Veterans Advocate Office.
Section 8.- Effectiveness This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 59 (H.B. 1782) (Reconsidered) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection
(b) of Section 2; amend subsections
(a) ,
(b) ,
(c) ,
(d) and
(f) ; eliminate subsection
(g) and redesignate subsection
(h) as subsection
(g) of Section 3; amend Section 4, subsection
(d) of Section 5, and Section 6 of Act No. 313, approved on September 2, 2000, in order to transfer the functions assigned to the Department of Housing, to the Puerto Rico Veterans Advocate Office, and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $19^{ ext {th }}$ of May of 2005.
Luis E. Fusté-Lacourt Director