LAW NO. 20,757 AMENDS LAW NO. 19.175, CONSTITUTIONAL ORGANIC ON GOVERNMENT AND REGIONAL ADMINISTRATION, HAVING FUNCTIONS AND POWERS, FOR PRESIDENT OF THE REGIONAL COUNCIL Having present that the National Congress has given its approval to the Bill of Law: " Article 1.-The following amendments are introduced in Law No 19.175, a constitutional organ on Government and Regional Administration, whose consolidated, coordinated and systematized text was established by the decree with Law Force No. 1-19.175, 2005, of the Ministry of Interior: 1) Eliminate in the first paragraph of Article 23 the sentence "and preside over the regional council". 2) Amend Article 24 in the following sense: (a) Rule out point (c), passing the current (d) to take its place, and so on. b) Replace in the letter q), which becomes p), the comma and the conjunction "and" which follows him by a semicolon. (c) Add the following letters (q) and (r), new, passing the current (r) to (s): " q) Attend any session of the regional council when appropriate, and may take part in its discussions with preference for the use of the word, but without the right to vote. During the vote, however, it may rectify the concepts issued by any regional adviser on the basis of his or her vote, the right to be exercised immediately after the intervention of the adviser whose concepts he wishes to rectifying. It shall, in turn, be entitled to immediate reply; (r) to propose to the President of the Council, before the beginning of the respective session, the inclusion of one or more subjects in that meeting. The communication shall be made in writing to the Executive Secretary. Without prejudice to this, the Mayor may present the urgency for the dispatch of a specific matter or initiative, by means of his trade which shall direct the President of the Council. Such cases shall be incorporated into the table of the following session. The President of the Council, with the agreement of two thirds of its members in office, may reject the request for urgency. However, if there is a legal or regulatory period which would require the Council to resolve any matter or initiative, the Council may not exercise the power it has set out, and (3) Article 30 shall include the following Articles 30 'Article 30a.'-In its constituent session, the regional council shall elect from among its members, by an absolute majority of its members in office, in public vote, in accordance with the alphabetical order of the members ' last names, a president, who will remain in office for a period of four years. This constitutive session shall be chaired by the President of the Council, provided that he is to continue as a counsellor for the relevant period; in the absence of this, he shall be chaired by those present who have most recently held the office of Mr President, I would like to point out that the Council has not yet taken a position. For the purposes of the election only, such accidental chairman may not exercise the right referred to in Article 30b (e). If the first vote is not elected, the vote will be repeated on two additional occasions. However, if it is not possible to elect a president in the constitutive session of the respective four-year period, this choice must be made, subject to the rules indicated, in the next session immediately, and so on until the latter is verify. All in all, the four-year period will be counted from the stated constituent session. The appointment of the new president will be communicated to the President of the Republic, through the Ministry of the Interior and Public Security, to the mayor and to the Courts of Appeals with a seat in the respective region and to the President of each branch of the National Congress, through its respective Secretary. The President of the Board shall cease to be in office if he incurs any of the grounds described in Article 40 of this Law, by removal established by the two-thirds of the members in office, or by resignation approved by the majority of the members. of the members in office. The motion for removal may be filed by no less than one-third of one-third of the members in office and shall be publicly voted in the immediately following ordinary session, which shall be presided over by that of the present most recently served as president and, ultimately, by the oldest member of the council. If the removal agreement is adopted, the one that should always be founded, it will be up to the new president of the council, who will last in office until the end of the period that takes place. If the motion for removal is rejected, it shall not be renewed for the same facts in which it was founded, unless new antecedents are provided or which shall be based on the failure to comply with any of the obligations laid down in the following Article. The waiver shall be deposited by the President in the Secretariat referred to in Article 43, which shall be put to a public vote in the ordinary session immediately following the date of its presentation. The session at which the resignation is voted will be public. If the waiver is approved, or if the president incurs any of the causals described in Article 40, the new elected president will last in that position until the end of the period to which he or she succeeds. In the event of the absence or temporary impediment of the President of the Council, the President shall exercise the said Presidency, who shall be elected in the event, as long as the absence or impediment continues. However, if the absence or impediment of ninety days has been counted from the election of the one who will supply it, a new election will take place. The elections referred to in this paragraph shall be in accordance with the provisions of the first subparagraph of this Article. Article 30b.-The President of the Regional Council shall be responsible: (a) to issue the summons to the Council for meetings, where appropriate, and to draw up the table for the meeting, in accordance with the provisions of Article 24 (r). (b) to open, suspend and lift the sessions in accordance with the Regulation referred to in Article 36 (a). (c) Chair the sessions and conduct the discussions. (d) To order the vote, to fix its order and to proclaim the decisions of the council, requiring a report from the Division of Analysis and Management Control when the regulation referred to in Article 36 (a) is available. (e) to exercise the right to vote in cases where a tie is drawn in the outcome of the vote. f) To maintain order in the enclosure, being able to request, if necessary, the aid of the public force. g) Maintain the correspondence of the council with the mayor, with the Courts of Appeals with a seat in the region, with the Regional Electoral Tribunal and with the respective regional comptroller. Correspondence with any other body or person shall be carried out by the Registrar referred to in Article 43, on behalf of the Board and on the order of the President. (h) Subscribe to the minutes of the sessions, the official communications to be addressed in the name of the council or of any other counsellor and the other documents required by his signature. (i) to make the communication about the adoption of council agreements on the following regional government instruments, as well as their respective modifications: 1) Regional Development Plan. 2) Regional Planning Plan Territorial. 3) Community Regulatory Plans. 4) Inter-communal Regulatory Plans. 5) Programming Conventions. 6) Territorial Conventions. 7) Regional Regulations. 8) Regional Investment Project. (j) Subscribe, for the purposes of ratifying the relevant agreement of the Regional Council, only administrative acts which formalise the approval of all the instruments referred to in the preceding paragraph, with the exception of the Programming. k) To give public account, in the month of December of each year, both to the mayor and to the council, as well as to the mayors of the region and the regional community, of the approved rules, resolutions adopted, actions of audit carried out by the advice and any other relevant facts to be brought to the attention of the authorities indicated. (l) Act on behalf of the Council in the relevant acts of protocol. (m) Take care of the compliance with the Regulation referred to in Article 36 (a). " (4) In Article 36, the following amendments shall be inserted: (a) In point (a), the words "working committees" shall be inserted after the words "whose presidencies may not be exercised by the President of the Council". (b) Eliminate, in point (g), the term "president of the council and of". 5. In the third paragraph of Article 73, the words "the regional councils shall appoint one of their members to represent them jointly with the mayor", for the following: " the president of the council and the mayor represent the regional government at this stage. " Article 2.-Enter the following amendments to the Criminal Procedure Code: 1) Replace, in the heading of the 2nd paragraph of Title IV of the Fourth Book, the expression "and Governors" by the phrase ", Governors and Presidents of Councils Regional ". (2) Replace in Article 423 the conjunction" or "by a comma, and interleave, between the word" governor "and the comma followed, the phrase" or a president of regional council "." Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic and because I have had to approve and sanction it; therefore, lguese and take effect as the Law of the Republic. Santiago, 10 June 2014.-MICHELLE BACHELET, President of the Republic.-Rodrigo Penailillo Briceno, Minister of the Interior and Public Security. What I transcribe to you for your knowledge.-Atently, Ricardo Cifuentes Lillo, Assistant Secretary for Regional and Administrative Development. Constitutional Court Draft law amending Law No. 19.175, Constitutional Organic on Government and Regional Administration, having functions and powers, for the president of the Regional Council, contained in the bulletin No. 9294-06. The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise preventive control of constitutionality in respect of the article 1 of the draft and by judgment of 27 May 2014, in the cars Rol Nº 2663-14-CPR, is declared: 1. That the provisions contained in Article 1 (1), (2), (a), (b) and (c), No 3), with the exception of point (n) of Article 30b, which introduces this number (4) (a) and (b) and (5) of the draft law, are of Constitutional and Constitutional Organic Law. 2. That Article 30b (n), which introduces Article 1 (3), which is subject to control, is unconstitutional and, consequently, must be removed from its text. Santiago, May 27, 2014.-Marta de la Fuente Olguin, Secretaría.