(S. B. 1113) (Conference) (No. 111-2014) (Approved July 29, 2014) AN ACT To amend Section 387 of the Political Code of Puerto Rico of 1902, as amended; amend Section 1 of Act No. 88 of June 27, 1969, as amended; establish the Puerto Rican Illustrious Persons Day; amend Section 1 of Act No. 91 of May 6, 1938, in order to designate November 19 as the Discovery of Puerto Rico and Puerto Rican Culture Day ; create the Cultural Recognition Commission; repeal Act No. 3 of March 15, 1939; repeal Act No. 3 of April 9, 1925; repeal Act No. 97 of May 6, 1938; repeal Act No. 47 of December 1, 1917; repeal Joint Resolution No. 31 of August 18, 1913; in order to determine and modify holidays to be observed by the Commonwealth of Puerto Rico, and for other related purposes. STATEMENT OF MOTIVES In seeking greater competitiveness in government and more efficiency in rendering services, we have studied several options to maximize our resources and set up a government structure consistent with the socio-economic reality of the Puerto Rican people. During times of financial crisis, it is certainly essential to adjust our public policy accordingly and welcome initiatives that increase public service productivity while harmonizing the flow of economic activity between the private and government sectors. Currently, nineteen holidays, both federal and local, are observed in Puerto Rico, making us one of the jurisdictions with the most holidays. There are a total of ten federal holidays, 1 which are also observed in Puerto Rico as provided by the Political Code of 1902, 2 since the U.S. Congress may establish holidays applicable 1 5 U.S.C.A.[sic] 6103 2 See Opiniones del Secretario de Justicia de Puerto Rico No. 1985-36.
2 to federal employees and the District of Columbia. Each state has the discretion to establish its own holidays. This measure amends the Political Code of 1902 so as to clearly and precisely set forth the holidays that shall be observed in our jurisdiction. Countries in Latin America and Europe generally observe ten to fifteen holidays per year, which complement ordinary vacation leave. The countries that observe the least amount of holidays include Mexico, the Netherlands, and Australia, with eight days; and the United States and China, with ten. The countries that observe the most holidays include Belgium, with twenty days, and in the Latin American region, Colombia, with eighteen days, and Chile, with fifteen. In summary, the clear trend in countries with the most competitive economies is to have fewer holidays. There is a simple reason for this: the international economic crisis served as catalyst to force governments into coming up and implementing serious reforms to bring public service closer to the reality of the private sector. For example, Portugal eliminated four of its fourteen holidays to stimulate the economy. Likewise, Swiss citizens, who live in the world s most competitive economy according to the index published by the World Economic Forum, rejected a proposal to increase the number of holidays due to the effect it could have on their small and medium-sized businesses: when several holidays fall on the same week, economic activity is substantially affected. This pattern repeats itself in Asia s emerging economies. Given this globalized economy, it is evident that Puerto Rico has to evolve if it wants to encourage competitiveness in the public sector. The leading-edge positions adopted by the aforementioned countries create the perfect combination between the benefits provided by days to rest and observe important dates in history, and economic productivity and competitiveness.
3 A comprehensive analysis of the holidays observed in the Island has been conducted in order to create a balance between festivities and fostering governmental efficiency. As a result, this Legislative Assembly has decided, among other measures, to consolidate the holidays in honor of Puerto Rican illustrious persons, such as Eugenio María de Hostos, José de Diego, Luis Muñoz- Rivera, José Celso Barbosa, Ramón Emeterio Betances, Román Baldorioty de Castro, Luis Muñoz-Marín, and Luis A. Ferré, into just one holiday. Furthermore, a Commission is hereby created for the purpose of recognizing one citizen who has stood out in the Puerto Rican cultural arena every year. This legislation is a step towards achieving the highest excellence, efficiency, and productivity standards in public service. Thus, this measure becomes part of a governmental transformation and restructuring effort aimed at increasing cost-effectiveness and reducing public expenditures. The fiscal situation that Puerto Rico currently faces demands that we carry out certain adjustments that render public services more effective by establishing a more efficient work calendar that can increase the Island s competitiveness at the global level. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF PUERTO RICO: Section 1. Article 387 of the Puerto Rico Political Code of 1902, as amended, is hereby amended to read as follows: Article 387. Holidays generally Holidays, within the meaning of this Code, include Sundays; the first of January; the sixth of January; the third Monday of January; the third Monday of February; the twenty-second of March; Good Friday; the last Monday of May; the fourth of July; the twenty-fifth of July; the first Monday of September, to be known as Labor Day; the eleventh of November; the nineteenth of November, to be known as the Discovery of Puerto Rico and Puerto Rican Culture Day ; the fourth Thursday of November; the twenty-fifth of December; every day on which
4 elections are held in the Island; and every day set forth by the Governor of Puerto Rico or by the Legislative Assembly. Should any of the aforesaid days fall on a Sunday, the following Monday shall be a holiday. Section 2. Section 1 of Act No. 88 of June 27, 1969, as amended, is hereby amended to read as follows: Section 1. The holidays listed below shall be observed as follows: 1. Martin Luther King, Jr. s birthday shall be observed on the third Monday of January. 2. George Washington s birthday, Presidents Day, and Puerto Rican Illustrious Persons Day, that is: Eugenio María de Hostos, José de Diego, Luis Muñoz-Rivera, José Celso Barbosa, Ramón Emeterio Betances, Román Baldorioty de Castro, Luis Muñoz-Marín, Ernesto Ramos-Antonini, and Luis A. Ferré, shall be observed on the third Monday of February. 3. Abolition Day shall be observed on March 22. 4. Memorial Day shall be observed on the last Monday of May. 5. Independence Day shall be observed on July 4. 6. Commonwealth of Puerto Rico Constitution Day shall be observed on July 25. 7. Columbus Day shall be observed on the second Monday of October. 8. Labor Day shall be observed on the first Monday of September. 9. Veterans Day shall be observed on November 11. 10. Discovery of Puerto Rico and Puerto Rican Culture Day shall be observed on November 19. The University of Puerto Rico and other private institutions of higher education may, alternatively, observe the holidays mentioned in subsections one (1) through nine (9) on the Friday immediately preceding the days in question.
5 The Governor, or the person he designates, may establish through a proclamation that a certain holiday shall be observed on the Monday or Friday closest to such holiday whenever the need to maintain the continuous operation of the Government so requires. Provided, that said proclamation shall be issued annually, not later than the fifteenth (15th) of January, and the same shall contain all the holidays listed in this Section. In case any of them is omitted, or if the proclamation is not issued within the aforesaid term, the days contained herein shall be understood to prevail. Section 3. The third Monday of February of each year is hereby designated as a holiday in the Commonwealth of Puerto Rico, to be known as Puerto Rican Illustrious Persons Day in honor of Eugenio María de Hostos, José de Diego, Luis Muñoz-Rivera, José Celso Barbosa, Ramón Emeterio Betances, Román Baldorioty de Castro, Luis Muñoz-Marín, Ernesto Ramos-Antonini, and Luis A. Ferré. Notwithstanding the foregoing, and even though they shall not constitute a holiday, the following shall be observed in memory of our illustrious persons: 1. January 11, in memory of Eugenio María de Hostos 2. April 16, in memory of José de Diego. Section 4. Section 1 of Act No. 91 of May 6, 1938, is hereby amended to read as follows: Section 1. To designate November 19 as a holiday in Puerto Rico, to be known as the Discovery of Puerto Rico and Puerto Rican Culture Day. Section 5. Puerto Rico Cultural Recognition Commission The Puerto Rico Cultural Recognition Commission is hereby created, which shall be responsible for evaluating and recognizing one citizen each year who stands out for his/her endeavors regarding Puerto Rican culture. The Commission shall be composed of five (5) members, appointed by the Secretary of State, in conjunction with the Executive Director of the Institute of Puerto Rican Culture,
6 for a term of two (2) years. The Discovery of Puerto Rico and Puerto Rican Culture Day, to be observed on November 19 of each year, shall be the official day for the Commission to pay homage to the citizen who stands out for his/her contribution to our culture. Section 6. Repeals. a. Act No. 3 of March 15, 1939, is hereby repealed. b. Act No. 3 of April 9, 1925, is hereby repealed. c. Act No. 97 of May 6, 1938, is hereby repealed. d. Act No. 47 of December 1, 1917, is hereby repealed. e. Joint Resolution No. 31 of August 18, 1913, is hereby repealed. Section 7. Applicability The approval of this Act shall not undermine any approved collective bargaining agreement. The employees covered under these agreements are entitled to continue enjoying any benefits set forth by the same during the term of their effectiveness, until they expire or are terminated. Once the agreement expires, employees must abide by the provisions of this Act. Any new agreement must be negotiated in accordance with the provisions of this Act. Section 8. Severability If any word, sentence, subsection, article, section, or part of this Act were held to be null or unconstitutional, the same shall not affect, impair, or invalidate the remaining provisions of the Act. The effect of such holding shall be limited to the word, sentence, subsection, article, section, or part thereof thus held to be null or unconstitutional. Section 9. Effectiveness. This Act shall take effect immediately after its approval.
7 CERTIFICATION I hereby certify to the Secretary of State that the following Act No. 111-2014 (S. B. 1113) (Conference) of the 3 rd Regular Session of the 17 th Legislative Assembly of Puerto Rico: AN ACT to amend Section 387 of the Political Code of Puerto Rico of 1902, as amended; amend Section 1 of Act No. 88 of June 27, 1969, as amended; establish the Puerto Rican Illustrious Persons Day; amend Section 1 of Act No. 91 of May 6, 1938, in order to designate November 19 as the Discovery of Puerto Rico and Puerto Rican Culture Day ; create the Cultural Recognition Commission; repeal Act No. 3 of March 15, 1939; repeal Act No. 3 of April 9, 1925; repeal Act No. 97 of May 6, 1938; repeal Act No. 47 of December 1, 1917; repeal Joint Resolution No. 31 of August 18, 1913; in order to determine and modify holidays to be observed by the Commonwealth of Puerto Rico, and for other related purposes. has been translated from Spanish to English and that the English version is correct. In San Juan, Puerto Rico, on this 18 th day of August, 2016. Juan Luis Martínez Martínez Director