Every legislative donation shall be granted by a Joint Resolution and under the administrative responsibility of a designated agency. Each designated agency shall have the responsibility of supervising the recipient entity to ensure that the legislative donation funds are used solely to defray the necessary expenses of the public functions and activities for which they are granted. In the performance of this function, the designated agency shall examine and audit, at any time, the books, accounts and documents that justify the use of the legislative donation’s funds and other public resources handled by the recipient entity. The recipient entity shall, in turns, collaborate with the designated agency and hand over to its officials and authorized personnel any record or document requested related to the examination or audit.
For the purposes of this provision, the term “necessary expenses” shall be understood as all payments made for those services and equipment, which are extravagant, nor more expensive that their normal or prevailing market price at the moment of their acquisition or purchase, and which are indispensable to carry out the public functions and activities of the entity.
In addition to the above, the Special Joint Committee on Legislative Donations may intervene with any entity which, in its judgment, is not using the donation granted correctly, and may take those measures it deems pertinent.
No later than March 15 of each year, the designated agencies shall submit a report to the Office of the Special Joint Committee on Legislative Donations, on the legislative donations under its administrative responsibility. This report shall specify, among other aspects, the date each legislative donation was granted, whether the entities receiving the donations have used them to defray the necessary expenses of the public functions and activities for which they were granted, if they have compiled with the administrative regulations of the donation and any other information the designated agency deems necessary or convenient, or that is required by the Legislature. In the event any entity receiving the legislative donation relinquishes it completely or partially, the designated agency shall state the form, date and person to whom it was notified that the funds of the legislative donation were available to be handed in, the official of the designated agency who made such notice, and the reasons for which the recipient entity relinquished it. In said report, the designated agency shall include its recommendations on the legislative donations that, in view of the public interest, should be granted again in the same amount, should be increased or reduced or shall not be taken into consideration again, in case the entities included in the report submit a new application for a donation for the fiscal year following that of the report.
The designated agency shall also be responsible for advising the Special Joint Committee on Legislative Donations on those entities that as of June 30 have not claimed their legislative donations. This report shall be submitted to the Committee by July 31 of each year.
No reimbursement shall be authorized for any entity after June 30, corresponding to the fiscal year for which the donation was appropriated.
The Secretary of the Treasury shall certify the balances available as of June 30 of each year, and these shall be reprogrammed by the Legislature in activities related to legislative donations, as defined in this chapter.
History —Dec. 29, 1995, No. 258, § 12.