P.R. Laws tit. 21, § 4464

2019-02-20 00:00:00+00
§ 4464. Municipal assets—Gifts of funds and properties to nonprofit entities

The municipality may assign or donate funds or assets it owns to any nonpartisan, nonprofit entity engaged in public interest efforts or activities that promote the general welfare of the community.

The assignment of assets or donation of funds may not take place without previous confirmation that such entity is, in fact, nonprofit and organized according to the laws of the Commonwealth of Puerto Rico, and that municipal functions, activities, and operations are not interrupted or adversely affected.

Any assignment of assets or donation of funds shall be approved by not less than two thirds (2 / 3) of the total number of members of the Legislature, through a resolution to such effects, unless such municipal funds or assets are to be used to carry out programs sponsored by any federal or local law. Said resolution shall state the grounds or reasons of public interest that justify their concession or granting, the amount of the donation or a description of the assets to be assigned, and the conditions to which the donation or assignment shall be subject to.

Likewise, municipalities may lend, free of charge, sports and recreational facilities and community centers they own to nonprofit organizations, insofar as such facilities are used to hold activities for which they were intended or in the interest of the community. However, the approval of the Municipal Legislature shall not be necessary for the aforesaid concession to be granted.

Municipalities shall adopt regulations to govern all that pertains to the donation or assignment of funds or assets, or to the lending of recreational or sports facilities and community centers, to nonprofit entities. Without it being understood as a limitation, said regulations shall provide for the documents or contracts for said donation or delegation to be granted, the reports that shall be required, the control and oversight that the municipality shall exert to ensure that the funds donated or the property assigned shall be used pursuant to the public interest for which they are granted, and any others that are deemed necessary or convenient, which also include the lending of recreational or sports facilities and community centers to such entities.

History —Aug. 30, 1991, No. 81, § 10.014, renumbered as § 9.014 on Jan. 10, 1999, No. 30, § 3; Dec. 30, 2010, No. 242, § 1.