Governor Pedro R. Pierluisi, filed with the House of Representatives and the Senate, administrative measures for corresponding action in the Legislative Assembly aimed at equal pay, protection of victims and witnesses of crime, off-road vehicles, antitrust laws, among other issues.
The representatives and senators will have before their consideration the Administration Project 21-007 that the Department of Labor and Human Resources (DTRH), the Office of the Procurator for Women (OPM), the Office of Administration and Transformation of Human Resources (OATRH) recommends . ) and the Department of the Family to conduct a “comprehensive” study on the application of the “Equal Salary Law of Puerto Rico” (Law 16-2017). This is to measure its effectiveness and the compliance or non-compliance with the provisions of said law by the employers of the public and private sector.
They should also analyze self-assessment programs and corrective measures against gender pay discrimination, analyze the complaints filed and compare the wages of women and men for the same work in government agencies and in private companies. In fact, according to the reports filed by the DTRH and ordered by law itself, no complaints were filed in 2018, only one in 2019 and two in 2020.
The study, to be submitted to the Governor and the Legislative Assembly 180 days after the measure took effect, must have the participation of the Judiciary Department and the Chamber of Commerce and the Association for Human Resources Management., As representatives of the private sector.
“The Puerto Rico Constitution clearly states that human dignity is inviolable and that we are all equal before the law. Our public policy as a government is to eradicate inequality against women in the workplace once and for all. It is unbelievable that in the 21st century women, despite the same work as men, are not equally rewarded for equal work in both the government and the private sector. That is a fundamental and fair right, which I am sure the legislature will will judge legislation on its merits, as well as the others we present to them on various matters of concern to Puerto Rico, ”repeated Pierluisi, confirming a few months ago through Executive Order, the PARE Committee to Eliminate Gender Violence.
The justification to the piece of legislation states that “we have current legislation and adopted public policies to raise awareness about employment equality and equal pay for equal work in government agencies and the private sector. However, the implementation, inspection and monitoring of these measures is necessary to achieve salary equality. While progress has been made on salary equality with the adoption of Law 16-2107, it has not been enough and it is vital to take strong steps to achieve this ”.
Another administrative project presented to the spokespersons is 21-009, which enacts the “Law on Assistance, Protection and Shelter for Crime Victims”, which aims to provide protection and assistance to victims and witnesses of crime, as well as to their families. participating in investigative and legal proceedings.
This bill creates physical structures separate from the “Home for Crime Victims”, attached to the Office for Compensation and Services for Crime Victims and Witnesses and the “Center for the Protection of Cooperating Witnesses” under the jurisdiction of the Office of the Chief of Prosecutors, both of the Department of Justice, the agency for which the public funds needed for these purposes will be included in the general expenditure budget and will be able to manage the corresponding federal funds. In both, there will be separate areas for adult men and adolescents and for adult women and adolescents, as well as for families with proper safety precautions and administrative staff in charge.
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On the other hand, and despite police effectively intervening with Polaris / Can-Am off-road vehicles in violation of Section 10.16 of the Puerto Rico Vehicle and Traffic Law, the confiscation is being challenged in the courts. who claim that the current definition of off-road vehicles is based on the physical description of the well-known “four tracks”.
Therefore, and to address the proliferation of Polaris / Can-Am off-road vehicles, Administration Project 21-011 defines off-road vehicles as vehicles that, regardless of their design, structure, engine power or passenger transport capacity, are intended or designed by the manufacturer or manufacturer to be used only off public roads and paved roads and highways ”. Also, such as a vehicle that is classified by the manufacturer or manufacturer as an ‘off-road’, ‘off-road’ vehicle, ATV or one of its synonyms and is intended or designed to operate exclusively off public roads, highways and paved roads and highways. “
In addition, as a basic rule, it is clearly established that no motor vehicle that does not meet the safety parameters (“Motor Vehicle Safety”) provided for in the “National Traffic and Motor Vehicle Safety Act of 1966” as amended, including those designed by the manufacturer or manufacturer to be used exclusively to be used outside of public roads and paved roads and highways.
Vehicles registered and issued with a permit and registration plate to drive on the public roads, highways or paved roads and highways of Puerto Rico are excluded, in accordance with the laws and regulations in effect on the effective date of According to the measure, meeting this technical definition will translate into greater road safety on our taxiways.
In order to promote fair commercial competition, Administrative Project 21-010, the Competition Affairs and Commercial Practices Act, was proposed to modernize, conform and bring the statute closer to the monopolistic practice regulations applicable in the United States. States.
It follows from the bill that the provisions of this law will apply to any act, conduct, or agreement regarding practices that affect commercial competition and that are carried out or attempted within the territorial extension and jurisdiction of the government of Puerto Rico or of which the consequences or outcome has occurred in Puerto Rico when the typical action has occurred in whole or in part outside of its territorial extension.
“The legal regime of public service providers, insurance companies, public-private alliances, cooperatives and other companies or entities subject to special regulations of the government of Puerto Rico or the United States is not affected by this law, except for those acts or contracts that are not subject to the regulation of the governmental agency that regulates the activities of such companies, entities or cooperatives and those matters that affect competition and that are not regulated by such agencies or because of their special regulations. existing and operating companies are approved by the corresponding government body without prior advice from the Minister of Justice ”, the bill states.
Those acts or contracts that are related to competition or that affect competition and which are in turn regulated by the regulatory body of public service companies may be investigated by the Office of Competition Affairs and Commercial Practices, which may initiate a process start for the relevant forum, as long as the provisions of the law on competition and commercial practices do not conflict with the regulations of the regulator.
Another measure involving the Department of Justice is Administration Project 21-008, which clarifies the criteria that the Secretary must consider when assessing requests for legal representation submitted by the Legislative and Judicial Departments, including withholding legal representation in honor of the powers that everyone has.
Therefore, it is within the powers of the Secretary of Justice to review each case and determine whether the representation of the Department of Justice is sensible and necessary, taking into account the implications each case may have for the functioning of the government. the declaration of public order, budget, separation of powers and any other possible conflict.
In those cases where the Minister of Justice deems it appropriate to assume the representation of officials of the other constitutional branches, Regulation 8405 of 20 November 2013, known as the ‘Ordinance on Legal Representation and Payment of Punishment’ provides that such representation shall to be. are done in consultation and charged to the budget of the represented branch office.
To these measures have been added: House Accounts 611 and 612. The first is to dissolve the Real Property Review Board and transfer these functions to the Office of Management and Budget (OGP) and the Committee for the Evaluation and Disposition of Real Estate. (Law 26-2017).
Meanwhile, House Bill 612 is a measure designed to provide the Office of the Patient Advocate (OPP) with the necessary resources to address the thousands of complaints filed annually against insurers negotiating in the health services market and bond them of $ 100,000 each. However, insurers are meeting the requirements set by the Bureau and are reducing the percentage of complaints filed and may continue to receive compensation of 40 percent for less than 10 percent of currently filed complaints.
It is clear from the chamber project that the Office of the Patient Advocate received 1,992 complaints from July 2017 to June 2018 and 1,817 complaints from July 2018 to June 2019. While in the period from July 2019 to February 2021, it received a total of 2,493 complaints. Most of these complaints fall under the category of poor quality of service every year and relate to the refusal of medication, the accessibility of healthcare providers and the accessibility of the service provided by insurers. This includes some studies and / or laboratories.
These legislative pieces are added to those already presented at the start of the four-year term, with eleven pieces of administrative legislation already settled in the House and Senate.