Governor Pedro R. Pierluisi, submitted before the House of Representatives and the Senate, measures of Administration for the corresponding action in the Legislative Assembly focused on equal pay, protection to victims and witnesses of crimes, all-terrain vehicles, antitrust laws, among other issues.
The representatives and senators will have before their consideration the Project of Administration 21-007 that orders the Department of Work and Human Resources (DTRH), the Office of the Solicitor the Women (OPM), the Office of Administration and Transformation of Human Resources (OATRH) and the Department of the Family to conduct a “hug” study on the application of the “Puerto Rico Equal Pay Act” (Law 16-2017). This in order to measure its effectiveness and compliance or non-compliance with the provisions of this law by public and private sector employers.
They will also need to analyze self-assessment programs and actions to address gender pay discrimination, complaints that have been filed, and compare the salaries of women and men for equal work in government agencies and in private enterprise. In fact, according to the reports filed by the DTRH and which are ordered by the same law, in 2018 no complaints were filed, in 2019 only one and in 2020, two.
The study, which must be submitted to the governor and the Legislative Assembly 180 days after the measure becomes law, must have the participation of the Judicial Branch and the Chamber of Commerce and the Management Company. of Human Resources, as representatives of the private sector.
“The Constitution of Puerto Rico clearly states that the dignity of human beings is inviolable and that we are all equal before the law. Our public policy as a government is to eradicate once and for all the injustice against women in the world. It is incredible that in the middle of the 21st century women, despite doing the same work as men, do not receive the same pay for equal work in both government and the private sector. that I am sure that the Legislative Assembly will consider in its merits this piece of legislation, as well as the others that we are presenting to them on various issues of importance to Puerto Rico, “reiterated Pierluisi who a few months ago formed by Executive Order the STOP Committee to Eradicate Gender-Based Violence.
The explanatory memorandum to the piece of legislation states that “we have existing legislation and we have adopted the public policy of raising awareness about equality in employment and equal pay for equal work in government agencies and the private sector. However, it is necessary to implement, monitor and monitor these measures to achieve pay equity, although with the passage of Law 16-2107 advances were made for pay equity, it has not been enough and is it is vital to take strong action to achieve this. “
Another Administration project presented to the spokespersons is 21-009 which establishes the “Law on Assistance, Protection and Shelter for Victims of Crimes” which aims to provide protection and assistance to victims and witnesses of crimes, as well as to their relatives who participate in investigative and judicial procedures.
This bill creates physical structures apart from the “Home for Victims of Crime” attached to the Office of Compensation and Services for Victims and Witnesses of Crime and the “Center for the Protection of Cooperating Witnesses” under the jurisdiction of the Office of the Chief Prosecutor, both of the Department of Justice agency for which state funds necessary for these purposes must be entered in the general budget of expenditures and may manage the corresponding federal funds. In both there will be separate areas for adult and adolescent men and for adult and adolescent women as well as for families with due security measures and administrative staff in charge.
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On the other hand, and despite the fact that the police effectively intervene with Polaris / Can-Am type all-terrain vehicles in violation of Article no. 10.16 of the “Puerto Rico Vehicles and Traffic Act,” the confiscation is being challenged in the courts alleging that the current definition of off-road vehicles is based on the physical description of the known “four tracks”.
Therefore, and to address the proliferation of Polaris / Can-Am off-road vehicles with the 21-011 Administration project, off-road vehicles are defined as “those that, regardless of their design, structure, engine power or capacity of passenger transport, has been intended or designed by the manufacturer or manufacturer to be used exclusively off the public road and paved roads and highways “. Also, such as one that is classified by the manufacturer as an “off-road”, “off-road” vehicle, ATV or any of its synonyms and has been intended or designed to be used exclusively off-road, highways and paved roads and highways. “
In addition, it is clearly established as a basic rule that no motor vehicle that does not comply with the provisions of the “Motor Vehicle Safety” will be allowed to travel on public roads, highways or paved roads and highways in Puerto Rico. in the “National Traffic and Motor Vehicle Safety Act of 1966”, as amended including those that have been designed by the manufacturer or manufacturer to be used exclusively off the public road and paved roads and highways.
Vehicles that are registered have been granted a permit and a tablet authorizing them to travel on public roads, highways or paved roads and highways in Puerto Rico, in accordance with the law and regulations in force on of force of this Law. Depending on the measure, meeting this technical definition will result in greater road safety on our roads.
In the name of promoting fair commercial competition, the Administration project 21-010 presented the “Law on Competition Matters and Commercial Practices” to modernize the statute, as well as to conform and bring it closer to the regulations on practices. monopolies applicable in the United States.
It is clear from the bill that its provisions shall apply to any act, conduct or contract related to practices that affect commercial competition and that is consummated or attempted within the territorial extension and jurisdiction of the Government of Puerto Rico. or the effect or result has occurred in Puerto Rico when all or part of the typical action has occurred outside its territorial extent.
“The legal regime of public service companies, insurance companies, public-private partnerships, cooperatives and other companies or entities subject to special regulations by the government of Puerto Rico or the United States shall not be affected by this law, except for those acts or contracts that are not subject to the regulations of the public body that governs the activities of these companies, entities or cooperatives and those matters that affect competition that are not regulated by these bodies or by their special regulations. However, no merger or acquisition of existing and operating companies shall be approved by the relevant state public body without the prior advice of the Secretary of Justice, “the bill.
Those acts or contracts related to competition or that affect competition and which in turn are regulated by the regulatory body of public service companies may be investigated by the Office of Competition Affairs and Commercial Practices which may to initiate an adjudicative process before the pertinent forum, whenever the dispositions of the Law of Subjects of the Competition and Commercial Practices are not contrary to the regulation of the regulating organism.
Another measure involving the Department of Justice is the draft Administration 21-008 which clarifies the criteria to be weighed by the clerk when evaluating applications for legal representation submitted by the Legislative and Judicial Branch including the abstention from assuming legal representation in deference to the powers that each has.
Therefore, it is within the powers of the Secretary of Justice to evaluate each case and determine whether the representation of the Department of Justice is prudent and necessary taking into account the implications that each case may have in the government operation, the enactment of public policy, budget, separation of powers and any other possible conflict.
In those cases in which the Secretary of Justice considers it appropriate to assume the representation of officials of the other Constitutional Branches, Regulation 8405 of November 20, 2013, known as the “Regulation on Legal Representation and Judgment Payment” provides that such representation shall be made by agreement and charged to the budget of the branch represented.
These measures are joined by: House Projects 611 and 612. The first is to dissolve the Real Estate Review Board and transfer these functions to the Office of Management and Budget (OGP) and the Evaluation Committee and Disposal of Real Estate (Law 26-2017).
Meanwhile, the House 612 Project is a measure designed for the Office of the Patient Attorney (OPP) to have the necessary resources to deal with the thousands of lawsuits filed annually against insurers trading in the imposing health services market. a bail of $ 100,000 each. However, insurers comply with the requirements set by the Office and decreases the percentage of complaints filed and remains at less than 10 percent of currently filed complaints may receive a refund of 40 percent paid.
It follows from the chamber project that from July 2017 to June 2018 the Patient Attorney’s Office received 1,992 complaints and from July 2018 to June 2019 received 1,817 complaints. Whereas, in the period from July 2019 to February 2021 it received a total of 2,493 complaints. For all years, these complaints are mostly under the category of poor quality of services and correspond to denials of drugs, accessibility to suppliers and accessibility to services by insurers. These include some studies and / or laboratories.
These pieces of legislation are in addition to those already presented at the beginning of the four-year term, with eleven pieces of administrative legislation already in the House and Senate.