Bill 490.

Summary.

The bill proposes a framework of public order and social interest for courts and sports facilities owned by municipalities throughout the country, regardless of who manages them. Its purposes include access to sport for children and young people, a stronger municipal role, public participation and a legal basis for user charges. It defines equitable access, sporting and complementary activities, shared management, maintenance, charges, safety and users. Its governing principles include priority for sport, nondiscrimination, municipal autonomy, transparency and protection of public facilities. Its treatment of municipal autonomy refers to the Political Constitution (Constitución Política) and the powers of Municipal Councils (Consejos Municipales).

Municipal authorities would schedule use so that sport and physical activity take precedence. Municipalities would establish public, nondiscriminatory rules for allocating time slots, requesting facilities, filing complaints and resolving disputes. Their regulations would distinguish sporting from complementary activities, limit the frequency and duration of the latter, and provide for community participation in scheduling. Where users are charged, municipalities and shared managers would have to maintain reasonable safety and sanitation conditions, assess risks associated with large crowds or special equipment, and publicize emergency and child protection protocols. Sports schools and programs serving minors would meet requirements concerning instructors’ qualifications, background checks and, where applicable, legal formation or registration.

Within a maximum of twelve months after the law takes effect, the mayor would prepare district regulations covering facilities managed by community boards and submit them to the Municipal Council (Consejo Municipal) for approval by municipal agreement. The regulations would classify facilities and address authorization, safety, maintenance, conduct, complaints, administrative penalties and requirements for programs serving minors. They would also govern any user charges and give priority to using the proceeds for maintenance, rehabilitation and improvements, within municipal powers. Shared management agreements would preserve municipal ownership, specify duties concerning access, safety and maintenance, and provide for oversight, accountability and return of management to the municipality in the event of noncompliance.

Cultural, educational, community and institutional activities could take place if they comply with district regulations, preserve the facilities’ sporting purpose and meet conditions concerning violence, discrimination and human dignity. District regulations would restrict the sale and consumption of alcoholic beverages, particularly during competitions or activities involving minors. Uses that endanger people or facilities, pursue unlawful purposes or unjustifiably prevent community access would be prohibited. Municipalities would encourage participation in drafting and assessing regulations and publish current information on facilities, applicable rules, managers and schedules.

Municipal and community board management reports would cover activities, investment in facilities, revenue, use of proceeds and audit findings. Local authorities responsible for facilities would send information to the mayor, the Office of the Comptroller General of the Republic of Panama (Contraloría General de la República de Panamá) and the municipal treasurer. Omitting the required section or submitting false, incomplete or manifestly inaccurate information would constitute an administrative offense, without excluding other forms of liability. Indications of crime would be reported to the Public Prosecutor’s Office (Ministerio Público), with the records sent to the Office of the Attorney General for Administration. The bill calls for interpretation consistent with municipal autonomy under the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá) and Law 106 of 1973 (Ley 106 de 1973). Its provisions would concern municipalities, community boards, sports organizations, educational institutions, facility users and managers.