P.R. Laws tit. 16, § 4231

2019-02-20 00:00:00+00
§ 4231. Media expenses of the Government of the Commonwealth of Puerto Rico

During a general election year and until the day after it is held, the agencies of the Government, the Legislative Assembly, and the Judicial Branch of Puerto Rico are hereby forbidden to incur expenses in the purchase of time and space in media outlets, as well as the purchase and distribution of propaganda or promotional materials, to expound their government plans, projects, achievements, accomplishments, projections, or plans. Any press notices and announcements expressly required by law are excluded from this provision. Campaigns launched by the Puerto Rico Tourism Company to promote internal tourism; promotional campaigns abroad by the Puerto Rico Tourism Company or the Puerto Rico Convention Center District Authority to promote the Island of Puerto Rico as a tourist destination; or by the Puerto Rico Industrial Development Company to attract foreign investors to Puerto Rico are hereby excluded, insofar as they do not include the achievements of the Administration or corporation, or highlight the performance of any officer thereof. Moreover, notices or calls to legislative or administrative public hearings, published and circulated without the use of paid mass media outlets, are also excluded.

Also excluded from the above provision are those notices that are used to disseminate public service, urgent or emergency information, which shall only be allowed upon authorization by the Commission.

In the case of announcements or notices required by law to Government agencies, the Legislative Assembly, and the Judicial Branch of Puerto Rico, as well as the municipalities, the Commission shall have a term of two (2) business days to state in writing its approval of or objection to the notice or announcement for which authorization was requested. The aforementioned term shall be counted from the time the request for authorization is made to the Commission, and in the event such term elapses without the Commission having stated its approval or objection, the message, notice, or announcement in question shall be deemed to be approved. The issuance of approval documents by the Board shall not be necessary.

The provisions of this section shall not apply to the Office of the Resident Commissioner, which shall be governed by the statutes of the Federal Election Law, 2 U.S.C. §441(a)(1)(A) et seq.

Violations of this section shall entail an administrative fine to the government agency or instrumentality of up to ten thousand dollars ($10,000) for the first violation, and up to twenty-five thousand dollars ($25,000) for subsequent violations. Funds thus obtained shall be covered into the Special Fund to finance voting automation expenditures, as provided in § 4011 of this title.

History —June 1, 2011, No. 78, § 12.001; Nov. 21, 2011, No. 230, § 35; Dec. 22, 2014, No. 239, § 46.