Transitional Law For Operation Of The Autonomous Territorial Entities

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

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LAW 017

2010 MAY 24 LAW

EVO MORALES AYMA

PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, it has sanctioned the following Law:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

DECRETA:

TRANSIENT LAW FOR OPERATION

OF AUTONOMOUS TERRITORIAL ENTITIES

SINGLE TITLE

TRANSITION PREFECTURES TO AUTONOMOUS DEPARTMENTAL GOVERNMENTS,

OPERATION OF DEPARTMENTAL ASSEMBLIES, REGIONAL AUTONOMY OF THE CHACO TARIJENO, MUNICIPAL ADMINISTRATION AND INDIGENOUS INDIGENOUS AUTONOMY

CAMPESINA

Article 1. (Object). This Law is intended to:

I. Regulate the orderly transition of Department Prefectures to the Departmental Autonomous Governments, establishing transitional procedures for their financing and operation, in accordance with the provisions of the Constitution. State Policy.

II. Establish the functioning of the Regional Assembly of the Chaco Tarijeno and the Sectional Development Executives of the Region.

III. Establish the conditions and mechanisms for the orderly and transparent transfer of municipal administration to municipal autonomous governments.

IV. To establish the appropriate conditions and mechanisms for the orderly and transparent transition of municipal governments, which as an effect of the referendum of 6 December 2009, became indigenous indigenous peasant autonomy.

CHAPTER I

DEPARTMENTAL AUTONOMOUS GOVERNMENTS

Article 2. (Command Transmission).

I. Management Report to the Departmental Council.

The Prefect or Prefect of each Department will convene the respective Departmental Council for its last Ordinary Session, on May 26, 2010, for the following purposes:

Presentation of the Management Report 2006? 2010.

Presentation of the Financial Statements from 2006 to 2009, memoirs, administrative documents and legal documents.

With this act the Departmental Council culminates the exercise of its functions.

II. Dispatch and Management Report delivery.

a. The outgoing Prefect or Prefect and Governor-elect will appoint their delegates to form a Transition Commission, who will establish the mechanism for the transmission of information in a transparent manner.

b. The outgoing Prefect or Prefect, will deliver the Management Report 2006? 2010, to the Governor or Governor once possesionados, accompanying the Financial Statements from 2006 to 2009, memoirs, administrative documents and legal documents. This information should be forwarded to the Departmental Assembly, the Ministry of Autonomy, the Senate and the governmental control bodies of the Plurinational State. They will also provide inventory of assets, securities and other documents, with the intervention of the Government Notary.

c. The Transitional Commission will have the main task of drafting the proposal to reformulate the 2010 budget, which will be approved by the Departmental Assembly.

Article 3. (Preparatory Sessions of the Departmental Assembly).

I. Preparatory Measures.

The and the Asambleistas elected for the first constitutional term of the Departmental Autonomous Government, will meet in preparatory sessions in the capitals of the Department within the five days prior to the Departmental Assembly installation, in order to verify credentials, constitute its Directive and carry out the preparatory acts for the installation of the Departmental Autonomous Government.

The Departmental Assemblies will be held in the environments that the Departmental Prefecture assigns.

II. Ad Hoc Directive.

At the beginning of the first constitutional period of the Departmental Autonomous Governments, the and the Asambleistas will form an Ad Hoc Directive composed of at least one President or a President, a Vice President or a Vice President and a Secretary or a Secretary.

III. Credentials.

Credentials Committee. During the preparatory sessions, the Departmental Assembly will appoint a Credential Commission, with the participation of one or one Asambleista from each of the political organizations that they would have obtained representation, with the sole purpose of verifying credentials granted by the Electoral Departmental Court to the and the Asambleistas.

Verification of Credentials. Upon verification of credentials, this Commission will report to the plenary of the Departmental Assembly.

Remarks. The Commission of Credentials after the verification of credentials has been completed, will grant a no longer term At 72 hours for the observed or observed Asambleists to subheal the observations.

Oath. The and the Asambleists who have no observations or will save the observations, will be enabled or enabled for the corresponding oath.

IV. Choosing the Headline Directive.

a. The Departmental Assembly under the leadership of the Ad Hoc Directive, will elect by an absolute majority of those present, its Directive: a President or President, a Vice-President or Vice-President, a Secretariat or Secretary and Vocals consider necessary. This choice must respect the criteria of gender equity and ensure the representation of the majority and minority political forces.

b. The President or the President of the Ad Hoc Directive shall be sworn in to the Directive.

c. The President or President of the Titular Directive will take the oath of office and the Asambleistas.

Article 4. (Possession of the Governor or Governor). On May 30, 2010, the President of the Plurinational State will take the oath of office to the Governor and Governors, in special act to program for the effect.

Article 5. (Regulation of Debates). As long as the Departmental Assembly does not have a Rules of Procedure, it will apply exclusively for its deliberations, both during its preparatory sessions and during the elaboration of its regulations, in a way that The General Rules of the Chamber of Deputies of the Plurinational Legislative Assembly are supplementary.

Article 6. (Exclusive competences of the Departmental Autonomous Governments). Autonomous Departmental Governments shall exercise the exclusive powers expressly provided for in Article 300 of the Constitution of the State. The Departmental Assemblies will directly exercise their legislative faculty in the field of their exclusive competencies, with the forecast set forth in Article 305 of the State Political Constitution.

CHAPTER II

DEPARTMENTAL EXECUTIVE BODY

Article 7. (Organizational and Administrative Structure of the Departmental Autonomous Governments).

I. The Departmental Autonomous Governments shall establish their organizational and administrative structure, in accordance with the Systems of Law No. 1178 of 20 July 1990 on Government Administration and Control and concordant.

II. Transiently, as long as the new institutional organization is not approved by law dictated by the Departmental Assembly, the internal organization of the departmental executive branch will have the following levels:

Governance.

departmental Secretariats.

Addresses.

III. The operating expenses of the Departmental Autonomous Governments, will be subject to the financial limits

established in the current regulations, in the Institutional Budget approved for the management 2010.

IV. The Departmental Autonomous Governments are authorized to increase, exceptionally and for the only time, up to two

percent (2%), the budget allocated to operating expenditure, in order to guarantee with this percentage, exclusively the administrative activities of the Departmental Assemblies, and must inform the Ministry of Economy and Public Finance and the Plurinational Legislative Assembly.

V. The Autonomous Governments Departmental, they will have to give continuity to the Programs and Projects of Investment,

VI.

VI.

VI.

VI.

VI.

VI.

VI. financial in the Integrated Administrative Management and Modernization System (SIGMA).

Article 8. (Temporary Suspension of the Maximum Executive Authority of the Departmental Autonomous Government). The Governor or Governor shall be suspended or temporarily suspended from the exercise of her duties, when in spite of her or her, formal indictment in criminal matters, after the conclusion of the criminal investigation pursuant to Article 323 (1) of the Code of Criminal Procedure. The suspension will last for the entire process, to assume its defense.

Article 9. (Procedure).

I. The formal indictment filed with the court or competent judge shall be communicated by the prosecutor or the prosecutor to the Departmental Assembly, for the purpose of taking cognizance of that and designating it without further processing, to the Maximum Interim Executive Authority of

as a result of the judicial process the judicial authority pronounces a conviction and the same is executed, a new election of governor will proceed or Governor, to complete the respective constitutional period.

Article 10. (Temporary Or Definitive Absence of the Maximum Executive Authority).

I. In case of temporary absence of the Maxima Executive Authority of the Departmental Autonomous Government, the supply will be designated by the Departmental Assembly of its members, for the duration of the temporary absence. This designation will be made by an absolute majority of votes.

II. In the event of a definitive absence of resignation, death, permanent inability, a new election shall be made in accordance with paragraph II of Article 286 of the Constitution. State Policy.

Article 11. (Financial Reporting Closure).

I. For the accounting and budget accounting closure, the product of the transition from prefectures to Autonomous Departmental Governments, the Ministry of Economy and Public Finance is authorized to prepare the transitional instruction.

II. The corresponding period, no longer than three days of the approval of this Law.

II. As the effect of the transition, the Departmental Autonomous Governments will have to present to the Ministry of

Public Finance, the Financial Statements of Closure of the former Prefectures, in accordance with current and instructive regulations.

III. The Ministry of Economy and Public Finance is authorized to make the necessary budgetary changes within the financial limits established in the General Budget of the State of the entities affected.

Article 12. (Audit). Within a period of no more than thirty (30) calendar days, computable from the date of delivery of the Closing Financial Statements, the Departmental Autonomous Governments through the Internal Audit Unit will instruct the The beginning of the respective audits on the transfers of human resources, assets, assets and liabilities of the management of the former Departmental Prefectures, same that they will have to be of knowledge of the Departmental Assemblies and the Assembly Plurinational Legislative.

Article 13. (Transfer of Rights and Obligations). rights, obligations, agreements, credits, donations, financial and non-financial resources, assets, assets and liabilities of the former are transferred to the Departmental Autonomous Governments. Departmental Prefectures.

CHAPTER III

REGIONAL ASSEMBLY AND SECTIONAL EXECUTIVES

OF THE ARIJENO CHACO

Article 14. (Regional Assembly of the Chaco Tarijeno). The Regional Assembly of the Chaco Tarijeno, elected on April 4, 2010, has the main mandate to produce participatively and approve by two-thirds of the votes of its members, the draft Statute of the Regional autonomy of the Chaco Tarijeno.

Article 15. (Preparatory Acts and Installation of the Regional Assembly of the Chaco Tarijeno).

I. Preparatory Acts.

To conform to your Ad Hoc Directive:

a. On May 28, 2010, in its first preparatory session, the Regional Assembly of the Chaco Tarijeno will make up its Ad Hoc Directive, composed of a President or President and a Secretariat or Secretary. This choice must respect the criteria of gender equity and ensure the representation of the majority and minority political forces.

b. The Ad Hoc Directive will have the functions of:

i) Verification of credentials.

ii) Address the choice of the Titular Directive, made up of a President or President, a Vice President or Vice President, a Secretary or Secretary. This election must respect the criteria of gender equity and guarantee the representation of the majority and minority political forces and indigenous peasant representation.

II. Assembly installation.

a. On 30 May 2010, the President or President of the Ad Hoc Directive shall be sworn in to the components of the Directive.

b. The President or President will immediately take the oath of office.

Article 16. (Functions of the Assembly).

Develop and approve an internal operating transitional regulation.

Define the headquarters of your functions.

The budget for the installation and operation of the Regional Assembly will be financed with the resources allocated to the Great Chaco Province according to Law.

Fiscalize the resources allocated to the Region of the Chaco Tarijeno, managed by the Regional Development Executives of the Region, approving the signing of contracts and institutional agreements, as well as plans, programs and projects under these resources.

Manage to the Autonomous Government Department of Tarija, transfer or delegation of powers for the Autonomy Regional of the Chaco Tarijeno.

Approve the Project of the Regional Autonomy of the Chaco Tarijeno.

Submit the Statute to constitutional control, for later approval via referendum.

Article 17. (Sectional Development Executives of the Region).

I. The Sectional Development Executives of the Region, will perform the functions that the Sub-Prefect of Yacuiba and the Major Corregidors of Villamontes and Carapari have been performing, until the Statute of the Regional Autonomy.

II. The resources allocated to the Grand Chaco Province of the Department of Tarija by Law No. 3038 of 29 April 2005

Decree No 29042 of 28 February 2007 and Supreme Decree No 0331 of 15 October 2009, administered by The provincial authorities of the Great Chaco, are transferred to the direct administration of the Sectional Development Executives of the Region, who will be accountable to the Regional Assembly of the Chaco Tarijeno.

CHAPTER IV

MUNICIPAL AUTONOMOUS GOVERNMENTS

Article 18. (Possession of the Mayors or Mayors). The possession of the mayors and mayors and of the councilors and councilors will be held on May 30, 2010, before the judicial body of its jurisdiction, being these judicial bodies, the Superior District Courts in each Department and Party Judge in the province sections of the jurisdiction. The competent authority shall take the necessary forecasts for this purpose.

Article 19. (Municipal Transition). Law No. 2028, Law No. 1551 and the rules regarding the functioning of the municipalities will apply in all that does not contravene the provisions of the Constitution of the State. Municipal Councils may exercise their legislative power in the field of their exclusive competencies.

CHAPTER V

INDIGENOUS NATIVE AUTONOMY

Article 20. (Municipalities converted into Indigenous Peasant Autonomy).

I. In the municipalities that became indigenous indigenous peasant autonomy, as an effect of the referendum of 6 December 2009, the provisions of Articles 18 and 19 of this Law apply, until their approval is granted. statutes under the Constitution of the State and the Law.

II. It is up to the indigenous peoples and nations of those jurisdictions to discuss and develop their projects for the status of indigenous autonomy. originating in the country, by means of its own rules and procedures.

FINAL PROVISIONS

First. The legal provisions of the Autonomous Territorial Entities must strictly observe the normative hierarchy established in Article 410 of the Constitution of the State.

Second. The legal provisions of the Autonomous Territorial Entities must strictly observe the provisions of Article 2 of the Constitution of the State.

ABROGATORY AND REPEAL PROVISIONS

repeal all provisions contrary to this Law.

Remit to the Executive Body, for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, at the twenty-three days of May two thousand ten years.

Fdo. René Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Andrés A. Villca Daza, Clementina Garnica Cruz, José Antonio Yucra Paredes, Ángel David Cortés Villegas.

Therefore, it is enacted so that it has and complies with the Law of the Plurinational State.

Palace of Government of the city of La Paz, twenty-four days of the month of May of two thousand ten years.

FDO. EVO MORALES AYMA, Oscar Coca Antezana, Luis Alberto Arce Catacora, Carlos Romero Bonifaz.