Introduces Modifications In The Law Nâ ° 19.175, Organic Constitutional Government And Regional Administration, With Regard To The Structure And Functions Of Regional Governments

Original Language Title: INTRODUCE MODIFICACIONES EN LA LEY N° 19.175, ORGANICA CONSTITUCIONAL SOBRE GOBIERNO Y ADMINISTRACION REGIONAL, EN LO RELATIVO A LA ESTRUCTURA Y FUNCIONES DE LOS GOBIERNOS REGIONALES

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"Article 1.-Introducense the following |! |" amendments to the organic law N ° 19.175 |! | Constitutional Government and Regional Administration, |! | the revised, coordinated and streamlined, text was |! | fixed by Supreme Decree N ° 291, 1993, of the |! | (Ministerio deel Interior: 1) Insert, in article 7, below |! | the expression "Governor" the word "Mayor", |! | followed by a comma (,).

((2) add the following letter j), new, in the |! | Article 16: "j) build, restore, preserve and manage in |! |" urban areas the works of paving of sidewalks and |! | walkways, with funds which assigned |! | the law of budgets. To fulfill this |! | function, the regional government may conclude conventions |! | with municipalities and other agencies of the |! | State, in order to have technical support |! | necessary. "."

((3) replaced, the letter q) of article 24, for the |! | Next: "q) respond, within a period of twenty days |! |" working and writing, acts of control than |! | perform the Council as a whole and informations |! | "requested by the directors individually, and".

(4) add, in article 26, the following sentence |! | final: "the public account, balance of execution |! |" budgetary and financial situation status |! | They shall be published on the website of the |! | the Undersecretary or regional government |! | Regional and administrative development. "."

(5) replace, in article 31, the phrase "know |! |" read and write"by" have completed the teaching medium or |! | " its equivalent".

(6) incorporated into the letter b) article 32, to |! | continuation of the "Governors" expression, the |! | words "the mayors".

(7) replaced in article 33 the expression "with |! |" of Councillor"by"with the Mayor and Councillor".

8 Incorporanse, in article 35, the following |! | new final, and fourth subparagraphs: "if any involved regional councillor concurriere |! |" equally to the discussion or voting, will be sanctioned |! | a fine of between 50 and 300 tax units |! | monthly, according to the Electoral Tribunal set |! | Regional competent. The product of this fine shall be of |! | benefit from the regional government. Yes the same counselor |! | regional commits for the second time in the same |! | situation, the infringement shall constitute causal ceasefire |! | in office. To enforce this responsibility is |! | It will be the provisions of article 41.

Without limiting the foregoing, any person |! | is knowledge of facts that can configure the |! | infringement described in the foregoing paragraph may |! | the relevant claim in court |! | Electoral Regional respective within ten days |! | business following the occurrence of the same. Bliss |! | action must be formalized in writing, |! | necessarily accompanied the sufficient background |! | She blends are; otherwise not be admitted |! | processing and the complainant shall be punished by a fine |! | between 10 and 50 monthly tax units, according to |! | set the concerned court, which will be de |! | benefit of the respective regional government. "."

9) Agreganse, on) (g) of article 36, the |! | following final sentences: "If after |! |" expiry of the period of twenty working days to be |! | (refiere el artículo 24 letra q), no response is obtained |! | satisfactory, the Council as a whole or each |! | Adviser may have recourse to the procedure laid down in |! | Article 14 of Act No. 18.575 for judge |! | order the delivery of the information. This can only |! | refused if there is any of the grounds |! | specified in article 13 of the same Act".

(10) amending article 37 of the next |! | (manera: a) precede the beginning of the second sentence of |! | its first paragraph the preposition "In", and disposed of in the |! | same sentence the expression "shall be made, at least one |! |" Once a month, and in them".

(b) add the following final new subsection: "regional Council shall be determined by a regulation |! |" inner other necessary rules for its |! | operation, to be regulated in the commissions of |! | work which the Council will be to develop |! | its functions, which, in any case, will always be |! | chaired by a regional adviser, without prejudice of |! | the assistance of third parties whose opinion deemed |! | relevant in the view of the Commission. "."

(11) replaced article 39, by the following: ' article 39.-Regional Councillors will have |! | " right to a monthly diet of ten tax units |! | monthly, which shall be charged for the assistance to the |! | all of the sessions of the Council held in the |! | respective, decreasing proportionally month according to |! | the number of absences of the Adviser. For the |! | previous purposes, are considered to be both sessions |! | ordinary as the extraordinary.

The Mayor agreed with the Council the number of |! | in the month, regular sessions shall |! | be at least two.

In addition, each regional Director entitled to |! | perceive a diet of two tax units |! | monthly, with a maximum of six in the month, by the |! | attendance at each session of the concerned Committee in |! | Article 37.

They will also be entitled to tickets and refunds of |! | cost of food and accommodation for |! | attend the sessions of the Council and the commissions, |! | When it means to move out of place |! | habitual residence. Reimbursement of expenses may not |! | exceed, in any case, the value of the viaticum to him |! | corresponds to the Mayor in the same conditions.
Without prejudice to the above, each Director will have |! | annually right to an additional diet, to be paid in |! | the month of January, corresponding to five units |! | tax monthly, provided that during the year |! | previous calendar counselor has attended |! | formally, at least, to seventy-five percent |! | the sessions held by the Board in such |! | period.

The regional Council may only entrust the |! | fulfilment of tasks to its members, with the right to |! | travel and reimbursement of expenses of |! | Food and accommodation, to the extent that there exists |! | budgetary availability, which must certify |! | the Executive Secretary of the regional Council. The |! | reimbursement of expenses shall not exceed, in any case, the |! | value of the viaticum which corresponds to the Mayor in |! | the same conditions.

However, those committed abroad who remember |! | the regional Council during the year, may not mean |! | a provision of resources that exceed 30% of the total |! | referred to in the budget for the payment of expenses |! | refundable regional advisers. The foregoing, |! | You must be previously certified by the headquarter to |! | office of administration and Finance of the Government |! | regional and, in any case, the task will be arranged |! | formally by the respective regional Mayor. "."

(12) added the following f, new letter, to the |! | Article 40: "f) Act as agent in efforts of |! |" administrative in nature, in the provision of jobs |! | public, departments, functions or similar commissions |! | nature, is counselor to act itself or by |! | any person, natural or legal, or by means of |! | a partnership of which it forms part. "."

(13) add, in article 62, the following |! | Second, new subparagraph passing the current second paragraph |! | to be third paragraph: "a Regional Ministerial Secretary may be a |! |" more than one Ministerial Regional Secretariat in |! | the same Region, having all the effects |! | legal and regulatory quality of officer of the |! | Ministry in which he was first appointed. No |! | However, if the designation on those charges was |! | simultaneously, the dependence of the officer shall be |! | established in the instrument having its |! | appointment. Shall not apply in these cases the |! | rules of incompatibility to which the article refers |! | 80 of the Act No. 18.834, administrative status, |! | and, for the purposes of the benefits that require the |! | performance of 44 hours per week, the sum shall be deemed |! | of weekly hours worked in all the |! | Regional ministerial secretariats in charge. "."

(14) incorporated in chapter V, below |! | 70, following article 70 bis, new article: "article 70 bis.-during the second quarter of |! |" each year and taking into account the objectives |! | strategic services and the regional government |! | operating in the Region, the Mayor, with the |! | participation of representatives of the regional Council, de |! | the Ministerial regional secretariats and the |! | regional directors of public services, |! | It shall draw up a draft regional investment, |! | the following year, which should be |! | considered in the formulation of projects of |! | budgets of the regional government and the respective |! | ministries. For these purposes, later in the month |! | in April, the ministries shall provide to its |! | Ministerial Regional Secretaries, chiefs of services |! | and regional directors, guidelines and information |! | necessary investments and activities to |! | run in the Region in the following year. Therein |! | deadlines, the regional Governments must put a |! | available to the ministries and their regional units |! | regional information.
The regional draft of investment will include |! | an estimate of the investment and activities |! | the regional government, ministries and services |! | They shall be carried out in the Region, identifying projects, |! | studies and programmes, and the estimation of costs.

Once made the designated draft this |! | It will be sent to the respective ministries, with the |! | object that should be considered when formulating |! | corresponding budget projects.

In the case of differences exist between the Government |! | regional and some Ministry in the formulation of the |! | respective budget projects, they must be |! | resolved at the stage of evaluation and discussion to be |! | He makes mention in article 72 of this law. "."

(15) amending article 72 of the next |! | (forma: a) added, in the chapeau of the subparagraph |! | "first, then from the verbal form |! |" considered", the expression"at least".

(b) Incorporanse the following final clauses, |! | New: "the ministries, through registrars |! |" Regional Ministerial, and within sixty days |! | following the publication of the law of budgets, |! | they must report to the regional Governments and the |! | Senators and deputies of the respective Region, the |! | investment and programs of expenses that will be in the |! | Region, by initiative, territorial unit breakdown |! | where it will be developed, the amount of resources committed, |! | beneficiaries and expected results.

Public to be held in the Region, investment |! | both sectoral and regional government, should be |! | informed by the Mayor and systematized in the |! | Program public investment in the Region, and diffused |! | the community, within the first quarter of the new |! | budgetary year. "."

(16) amending article 73 of this |! | (form: a) replace, in the first paragraph, the phrase "with |! |" purposes of territorial compensation"by" with |! | " purposes of regional development and compensation |! | territorial".

"(b) replace, in the very first paragraph, the sentence |! |" of social and economic infrastructure"by" de |! | " social, economic and cultural development".

"(c) replace, in the final paragraph, the sentence |! |" social and economic infrastructure"by" development |! | " social, economic and cultural".

(d) incorporate the following final new subsection: "through Decree Supreme, issued through the |! |" Ministries of the Interior and finance, will be regulated the |! | operation and distribution of this procedures |! | Fund. "."

(17) amending article 75 of the next |! | (form: a) replace, in the first paragraph, the phrase "the |! |" territorial and socio-economic conditions of each |! | region"by" the population in conditions of |! | " social vulnerability and characteristics |! | "territorial region", and delete the sentence |! | " in relation to the national context. "."

(b) replace the second paragraph by the following: "for these purposes, shall be deemed the two |! |" (variables siguientes: a) with at least a 50% weighting, the |! | population in conditions of poverty and destitution, measure |! | the remaining percentage, on the basis of one or more (en términos absolutos y relativos, y b) |! | indicators relating to characteristics |! | territorial in each Region, to determine the |! | possibilities of the population's access to services, |! | as well as the differential cost of works of |! | paving and construction.

(c) replace, the final sentence of the final paragraph, |! | by the following: "by Supreme, issued Decree to |! |" through the ministries of the Interior and finance, are |! | updated every two years the coefficients of |! | distribution of the Fund referred to in subsection |! | precedent. "."

(18) amending article 76 of the next |! | ((form: to) replaced, your letter to), by the following: ' a) 5% as a stimulus to efficiency, |! | " Whereas, however, indicators to measure the |! | improvement of regional education and health, and the |! | amounts of eligible projects portfolios to be |! | funded by the national development fund |! | Regional. Indicators and calculation procedures are |! | They shall establish with the respective ministries and should |! | be known by regional Governments with two years |! | advance. "(, y b) replace, in the second paragraph of the letter |! |" (b), the word "regulations" with the expression "Decree |! |" Supreme".

(19) Insert, in article 80, the following |! | Second, new subparagraph passing the current second paragraph |! | to be final paragraph: "programming conventions can be |! |" other public or private entities, incorporate |! | national, regional or local, whose contest or contribution |! | deemed necessary for greater efficiency in the |! | implementation of the referred Convention of programming. "."

(20) incorporate the following chapter VII, new: "Chapter VII of article 98 to.-the regional governments REGIONAL associations may |! |" partnering with other legal persons, to constitute |! | with corporations or foundations of private law |! | to promote activities or initiatives without |! | for-profit, contributing to regional development |! | in the social, economic and cultural areas of the |! | Region. In addition, regional governments will be |! | entitled to participate in the dissolution and |! | liquidation of non-profit entities of the |! | part, pursuant to the statutes of the |! | same.

Corporations or foundations thus formed may |! | studies, among other actions, oriented to |! | identify areas or sectors with the potential of |! | growth, stimulate the implementation of projects of |! | investment, strengthening the associative capacity of |! | small and medium-sized producers, promote innovation |! | technology, encourage artistic activities and |! | sports, stimulate intra-regional, improve tourism |! | the efficiency of the business management and be |! | training activities. In any case these |! | entities can develop business activities or |! | participate in them.

Corporations or foundations that treats the |! | This chapter shall be governed by the rules of title |! | XXXIII of the first book of the Civil Code, by this law |! | and by their own statutes. They shall not apply the |! | provisions that relate to the public sector, such as |! | also those relating to other entities in which the |! | State, its services, institutions or companies have |! | contributions of capital or majority representation or |! | equal proportion.

Article 98 B-the formation of these corporations |! | or foundations, or joining them, previous |! | proposition of the Mayor, will require the agreement of the |! | two-thirds of the regional Council.

The annual contribution of the regional government by this |! | concept shall not exceed, as a whole, 5% of its |! | investment budget. Without limiting the foregoing, |! | the law of budgets of each year may increase this |! | percentage limit.

In any case the corresponding contribution to the |! | regional Governments may finance by the |! | contracting of loans.
The funds necessary for the performance of the |! | associations, in the part corresponding to the contribution |! | regional, shall be entered in the regional budgets |! | respective.

Without limiting the foregoing, programs and/or |! | projects that run these entities only may be |! | financed up to 50% with resources of the |! | regional governments.

Regional Governments may not strengthen nor |! | ensure the financial commitments that such |! | corporations or foundations contract; as likewise, |! | commitments will not give rise to any action of |! | charge against those.

The staff who work in corporations and |! | foundations of regional participation will be governed |! | exclusively by the labour and social security standards |! | in the private sector.

Article 98 C-representation of Government |! | regional corporations or foundations to be |! | concerns this chapter will be held by the Director than |! | establish their respective statutes. At the very least a |! | third of the directors shall be appointed by the |! | regional Council on a proposal of the Mayor, will not be able |! | as regional councillors and not receive remuneration or |! | economic compensation of any kind for their |! | services.

May not be appointed directors of such |! | entities of the mayor or any spouse of the |! | regional advisers or relatives consanguineous |! | up to the third degree inclusive, and affinity to the |! | second grade, nor persons related to them by |! | adoption.

Article 98 D-corporations and foundations |! | They shall deliver annually documented Government |! | regional respective, about their activities and use |! | of its resources.

The above is understood without prejudice of the |! | control which should be exercised the Council directly |! | or through the units to determine, with regard to the |! | use of the contributions made by this.

Article 98 E.-without prejudice to the provisions in the |! | previous article, the Comptroller General of the |! | Republic monitor corporations and foundations |! | incorporated by regional governments or where these |! | to participate, according to the provisions in this title, |! | respect of the use and destination of their resources, and can |! | have all the information required for this |! | effect. "."