Transitional Law For Operation Of The Autonomous Territorial Entities

Original Language Title: LEY TRANSITORIA PARA EL FUNCIONAMIENTO DE LAS ENTIDADES TERRITORIALES AUTÓNOMAS

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/57066

Law No. 017 law of 24 May 2010 EVO MORALES AYMA President of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: Act TRANSIENT for the operation of LAS entities territorial autonomous title unique transition LAS PREFECTURES Governments autonomous departmental, performance of the assemblies departmental, REGIONAL autonomy for TARIJA CHACO THE MUNICIPAL administration and the originating indigenous PEASANT autonomy article 1. (Object). This Act aims to: I. Regular the orderly transition of the prefectures of Department departmental autonomous governments, establishing transitional procedures for their financing and operation, in accordance with the provisions of the political Constitution of the State.
II. establishing the functioning of the Regional Assembly of the Tarija Chaco and sectional executive development of the region.
III. establish the conditions and mechanisms for orderly and transparent transfer of municipal administration to local self-government.
IV. establish conditions and adequate mechanisms for the orderly and transparent transition of the municipal governments, which as effect of the referendum of December 6, 2009, became indigenous autonomy originally peasant.
Chapter I article 2 non-departmental government. (Control of transmission).
I. report of the departmental Council management.
It prefect or prefect of each Department shall convene to the Council departmental respective to your last session ordinary, the day 26 of mayo of 2010, to the following effects: presentation of the report of management 2006? 2010 presentation of the financial statements of the 2006 to 2009, reports, administrative documents and legal documents.
With this Act the departmental Council completes the exercise of their functions.
II. delivery of Office and management report.
outgoing prefect, the prefect or Governor-elect, and Governor will appoint its delegates that form a transition Committee, who shall establish the mechanism for the transmission of information in a transparent manner.
b. the prefect or outgoing prefect, will make delivery of the 2006 management report? 2010, the Governor or Governor once possessed, accompanying financial statements from 2006 to 2009, reports, administrative documents and legal documents. This information shall be forwarded to the departmental Assembly, the Ministry of autonomies, the Chamber of Senators and the governmental supervisory bodies of the plurinational State. They will also do delivery under inventory of assets, securities and other documents, with the intervention of the Government notary.
c. the Commission's transition, will have main function produce the proposal for reformulation of the 2010 budget, which will be approved by the departmental Assembly.
Article 3. (Sessions preparatory of the Assembly Department).
I. Preparatory measures.
The Assembly members elected to the first constitutional period of the autonomous State Government, will gather at preparatory meetings in the capitals of Department within the five days prior to the installation of the departmental Assembly, in order to verify credentials, constitute its directive and carry out preparatory acts for the installation of the autonomous State Government.
The departmental assemblies will meet in environments that assign the departmental Prefecture.
II. directive Ad Hoc.
At the beginning of the first constitutional period of departmental autonomous governments, the Assembly will form an Ad Hoc directive composed at least by a President or a President, a Vice President or a Vice President and a Secretary or a Secretary.
III. credentials.
Committee on credentials. During the preparatory meetings, the departmental Assembly shall appoint a Committee on credentials, with the participation of one or an assemblyman from each of the political organizations that had obtained representation, for the sole purpose of verifying credentials granted by the Electoral departmental court to the Assembly.
Verification of credentials. Carried out the verification of the credentials, this Commission will report to the plenary of the departmental Assembly.
Observations. The Committee on credentials after accomplished the work of verification of credentials, will grant one period not exceeding 72 hours so the Assembly observed or observed make good observations.
Oath. The Assembly members who did not have observations or save them, will be enabled or enabled for the appropriate oath.
IV. election of incumbent directors.
a. the departmental Assembly under the guidance of the Ad Hoc directive, shall elect by absolute majority of the present, its directors: a President or President, a Vice President or Vice President, a Secretary or Secretary and members deemed necessary. This election must comply with the criteria of gender equity and ensure the representation of the political forces of the majority and minority.
b. the President or the President's directive Ad Hoc, will take oath to the policy holder.
c. the President or President of the policy holder, will take oath to the Assembly.
Article 4. (Possession of the Governor or Governor). The President of the plurinational State may 30, 2010, will take the oath of possession the Governors and Governors, in special programming for the effect.
Article 5. (Regulation of Debates). Insofar as the departmental Assembly does not have rules of Debates, apply exclusively to its deliberations, both during their preparatory meetings and during the development of its regulations, additional way the General Regulation of the Chamber of deputies of the Assembly Legislative multinational.
Article 6. (Exclusive competences of the non-departmental government). Departmental autonomous governments, shall exercise the exclusive powers expressly laid down in the article 300 of the political Constitution of the State. The departmental assemblies directly exercise its legislative power in the areas of exclusive competence, with the forecast established in the article 305 of the political Constitution of the State.
Chapter II departmental executive body article 7. (Organizational structure and administrative of the Government autonomous departmental).
I. them Governments autonomous departmental will establish its structure organizational and administrative, according to them systems of the law not. 1178, of 20 of July of 1990, of administration and Control Government and provisions matching.
II. temporarily, insofar as not is approve the new organization institutional by law dictated by the Assembly departmental, the Organization internal of the organ Executive departmental will have them following levels: governance.
Secretaries departmental.
Addresses.
III. the expenses of operation of them Governments autonomous departmental, is will hold to them limits financial established in the normative existing, in the budget institutional approved for the management 2010.
IV. is authorizes to them Governments autonomous departmental, increase exceptionally and by unique time, until a two percent (2%), the budget destined to expenditure of operation, to object of ensure with this percentage, exclusively them activities administrative of them assemblies departmental, and must inform of the same to the Ministry of economy and finance public and to the Assembly Legislative multinational.
V. Departmental autonomous governments, should give continuity to the programmes and projects of investment in the departmental Development Plan and the National Plan of development, within the framework of current legislation.
VI. the departmental autonomous governments, must register with mandatory financial information in the integrated system of management and administrative modernization (SIGMA).

Article 8. (Temporary suspension of the autonomous Government departmental executive authority). The Governor or Governor will be suspended or temporarily suspended the exercise of their functions, when weighing on her or him, formal criminal charge, after completed the criminal investigation according to subsection 1) of article 323 of the code of criminal procedure. The suspension will last during the entire application process, to assume his defense.
Article 9. (Procedure).
I. the indictment presented to the Court or competent judge, shall be communicated by the Prosecutor to the departmental Assembly, to take knowledge of that one and appoint without further formality, the maximum authority interim Executive among those or the departmental assemblymen.
II. If as a result of the judicial proceedings the judicial authority pronounce sentence and it is rendered, will proceed to a new election of Governor or Governor to complete the respective constitutional period.
Article 10. (Temporary absence or definitive of the maximum executive authority).
I in case of temporary absence of the maximum authority Executive the Government autonomous departmental, the fallback will be designated by the departmental Assembly from among its members, for the time of duration of the temporary absence. This designation is held by an absolute majority of votes.
II. in the event of definitive absence by resignation, death, permanent disability, will proceed to a new election according to paragraph II of the article 286 of the political Constitution of the State.

Article 11. (Closing of financial information).
I for the closing of Treasury and budget, product of the transition of prefectures to non-departmental government, is authorised to the Ministry of economy and public finances develop instruction manual transition corresponding, in one period not exceeding three days of approved this law.
II. as the transition effect, departmental autonomous governments must be submitted to the Ministry of economy and finance, the financial States of closure of the former prefectures, compliance with existing and instructive transition.
III. is authorized the Ministry of economy and finance, to make the necessary budgetary modifications within the financial limits laid down in the General State budget management 2010 affected entities.
Article 12. (Audit). In one period of no more than thirty (30) days calendar, computable from the date of delivery of the financial closing States, departmental autonomous governments through the internal audit unit, teach the beginning of the respective audits on transfers from human resources, property, assets and liabilities of the former departmental prefectures management that they must be knowledge of the departmental assemblies and the plurinational Legislative Assembly.
Article 13. (Transfer of rights and obligations). It is transferred to departmental autonomous governments all rights, obligations, agreements, loans, donations, financial and non-financial resources, heritage, assets and liabilities of the former departmental prefectures.
Chapter III Assembly REGIONAL and Executive SECTIONAL of the CHACO TARIJA article 14. (Regional Assembly of Tarija Chaco). The Regional Assembly of the Tarija Chaco, elected on April 4, 2010, has the primary mandate of jointly develop and approve by two-thirds vote of its members, the project status of the autonomy Regional of the Chaco Tarija.
Article 15. (Preparatory acts and installation of the Regional Assembly of the Tarija Chaco).
I preparatory acts.
Conform their policy Ad Hoc: a. on May 28, 2010, at its first preparatory meeting the Regional Assembly of the Tarija Chaco will shape their Ad Hoc directive, consisting of a President and a Secretary or President and Secretary. This election must comply with the criteria of gender equity and ensure the representation of the political forces of the majority and minority.
(b. the directive Ad Hoc shall have the functions of: i) verification of credentials.
II) direct the choice of the policy holder, formed by a President, a Vice President or Vice President, a Secretary, President or Secretary. This election must comply with the criteria of gender equity and ensure the representation of the political forces of the majority and minority and native peasant indigenous representation.
II. installation of the Assembly.
a. May 30, 2010, the President or Chairman of the Ad Hoc directive will take oath to the components of the policy holder.
b. the Chairperson or President owner immediately take oath and assemblymen.
Article 16. (Functions of the Assembly).
Elaborate and approve a transitional regulation of internal operation.
Defining the seat of their functions.
The budget for the installation and the functioning of the Regional Assembly, will be financed with the resources allocated to the Gran Chaco province according to law.
Overseeing the resources allocated to the Region of Tarija Chaco, administered by sectional executives of development in the Region, approving the signing of contracts and institutional arrangements, as well as plans, programmes and projects from these resources.
Negotiate with the autonomous State Government of Tarija, the transfer or delegation of powers to the Regional autonomy of the Tarija Chaco.
Approve the Statute of Regional autonomy in Tarija-Chaco.
Submit the Statute to constitutional control, for later approval via referendum.
Article 17. (Sectional executives of development of the Region).
I sectional executives of development in the Region, shall exercise the functions that came to play the Sub-prefect of Yacuiba and the older coat of Villamontes and Caraparí, until it approved the Statute of Regional autonomy.
II. the resources allocated to the province Gran Chaco in the Department of Tarija through law No. 3038 of 29 April 2005, Supreme Decree No. 29042 of 28 February 2007 and Supreme Decree No. 0331 October 15, 2009, administered by the provincial authorities of the Gran Chaco, passed to direct administration of sectional executives of development in the Region accounts of the same who surrender to the Regional Assembly of the Tarija Chaco.
Chapter IV article 18 municipal self-governments. (Possession of the mayors or mayors). The possession of the mayors and mayors and Councillors and Councillors shall be carried out on May 30, 2010, before the instance of the Court of its jurisdiction, being these judicial bodies, the higher district courts in each Department and the judge of party in the province of the jurisdiction sections. The competent authority must take the necessary forecasts for this purpose.
Article 19. (Municipal transition). Law N ° 2028, the law N ° 1551 and the rules relating to the functioning of the municipalities shall apply in all that which does not contravene the provisions of the political Constitution of the State. The municipal councils may exercise its legislative power in the areas of exclusive competence.
Chapter V native indigenous PEASANT autonomy article 20. (Converted into native indigenous peasant autonomy municipalities).
I in the municipalities which became indigenous autonomy originally peasant, as an effect of the referendum of December 6, 2009, applies provisions of articles 18 and 19 of this Act, until approval of its statutes in accordance with the political Constitution of the State and the law.
II. corresponds to farmers of those jurisdictions, Nations and indigenous peoples native to discuss and develop their projects of indigenous autonomy statute originally peasant, through its rules and procedures.
FINAL provisions first. The legal provisions of the autonomous territorial entities, must be rigorously observed the normative hierarchy established in the article 410 of the political Constitution of the State.
The second. The legal provisions of the autonomous territorial entities, must be observed rigorously the provisions of the article 2 of the political Constitution of the State.
PROVISIONS ABROGATORIAS and REPEALING it appeal and repealing all provisions contrary to this law.
Refer to the Executive Branch, for constitutional purposes.
It is given in the room of sessions the Assembly Legislative plurinational, twenty-three days of the month of may of two thousand ten years.
FDO. René Martinez Callahuanca, Hector Enrique Arce Zaconeta, Andres to. Villca Daza, Clementina Garnica Cruz, Jose Antonio Yucra walls, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Palace of Government of the city of the peace, to the 24 days of the month of mayo of two thousand ten years.
FDO. EVO MORALES AYMA, Oscar Coca Antezana, Luis Alberto Arce Catacora, Carlos Romero Bonifaz.