Amends Act No. 19.175, About Government And Regional Administration

Original Language Title: MODIFICA LEY N° 19.175, SOBRE GOBIERNO Y ADMINISTRACION REGIONAL

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"(Artículo único.-Introdúcense las siguientes modificaciones a la ley N° 19.175, sobre Gobierno y Administración Regional: 1. Intercála_se en el artículo 24, letra d), between the verbal form"established"and the article"the"that followed, the following sentence:"the national policy of development,"."
(2 Insert, in article 24, letter l), between the expressions "public services created by law" and "operating in the region", the phrase "for the performance of administrative functions".
3 amending article 29, in the following manner: a) replace the final sentence of the letter b) that says "applying the method of the quotient or figure deliverer" by "aplicándo the method of figure deliverer, in accordance with articles 109, 110 and 111 of the law N ° 18.695, constitutional municipalities, whose text was fixed by Supreme Decree N ° 662 , of the Ministry of the Interior, 1992 ".
(b) replace the second paragraph by the following: "for the purposes of the provisions of the preceding paragraph, Regional election Director shall determine, at least six months in advance of the date of the respective election, founded decision which shall be published within fifth day dictated in the official journal, the number of regional advisers choose corresponding to each province. Any regional councillor or Councillor of the region may apply this resolution before the corresponding Regional Electoral Court, within ten days following its publication in the official journal.
The Court shall issue its decision within a period of fifteen days. This decision shall be final for the qualifier Court of elections, in accordance with the term and procedure laid down in article 59 of law No. 18.603 ".
(4 replaced the letter c) article 36, by the following: "c) pass the communal regulatory plans, agreed by the municipalities in accordance with the General town planning and constructions Act, on the basis of the technical report which shall issue the Ministerial of housing and urban development Regional Secretariat, as provided for in article 20, letter f), precedent." If the report of the Regional Ministerial Secretary of housing and urban development is unfavorable, the agreement of the Council must be founded.
Also approve the inter-communal regulatory plans that propose you the Regional Ministerial Secretary of housing and urban development, and this has been drawn up in accordance with the General town planning and constructions Act. "."
5 insert in article 45, then of the letter g), the following letter h), new, passing the current letter h) to be letter i); and deleted from the letter g) the conjunction "and" end, replacing the comma (,) that precedes the letter by a point and comma (,): "h) oversee utilities created by law for the performance of administrative functions, which operate in the province,".
6 Introducense in number 2 of the letter b) article 48 the following modifications: to) replace the word "these" with "those".
(b) Agreganse the following paragraphs: "in those provinces where any more than four universities, institutes or centres of technical training, the right to integrate the Council shall follows: i. shall be first integrate the Council to a representative of each of the two oldest universities in the province, and a representative of each of the two universities of the same proving to have the largest number of students enrolled."
II. in the event that a University fulfils both old and more tuition, your representative will be one only, and for their designation shall prevail antiquity. Same criteria will be used to fill the second charge. The other two representatives will appoint depending on the higher tuition.
III. lack of one or more universities to the right it proprietary representatives of institutes or centers of technical formation of the province in the same manner indicated in the preceding numbers. "."
7 insert the following article 49 bis: "article 49 bis.-A provincial economic and social Council will be applicable, as relevant, the provisions of articles 95 and 96 of the Act N ° 18.695, organic constitutional municipalities, whose text was fixed by Supreme Decree N ° 662, of the Ministry of the Interior, of 1992, the economic and social Council communal.".
8 Agreganse to article 51, the following paragraphs third and fourth: "the members of the provincial economic and social Council will be applicable, as appropriate, the grounds for cessation in office referred to article 40 regarding the regional councillors and in particular the loss of Member of social organization that represents him or legal representative of the respective legal person , in your case.
The grounds for cessation in office of the members of the provincial economic and social Council will be declared by the respective Regional Electoral Tribunal, at the request of any member of this Council, in the form and in accordance with the procedure laid down in article 41 of this law. "."
9 Introducense to article 54 the following amendments: to) add the following new second subsection: "each participating organization will do so through that directors who plan their statutes as the legal representative of the respective entity or, failing that, that the members of the corresponding governing body appoint.".
(b) add the following sentence to your third paragraph, that it becomes fourth subsection point followed: "If you have more than one conservative, this function you will be the oldest in office.".
10 Introducense in the second paragraph of article 55, the following amendments: to) Insert, after the comma (,) that follows the word "registration", the second time it appears, the following sentence: "or that objects to the registration of another organization".
(b) replace the "former" adjective, which appears below the noun "item", by the "53" figure.
11 replace article 56, by the following: ' article 56.-after 10 days from the publication referred to in subsection first of the preceding article, while claims have been made, or within a period of three days counted from the firm or enforceable is the ruling of the Electoral Tribunal Regional, where appropriate, the Commission will establish the final list of organizations eligible to participate in the electoral process and the register for these purposes. ".
12 insert in subparagraph first of article 57, then the word "publish", the following phrase between commas: "within the fifth day".
13 Introducense the following amendments to article 59: to) added, in the first paragraph, then of the separate point, it passes to be followed, the following sentence: "In the event of a tie, this will be resolved by lot by the same court.".
(b) add the following new third subsection: "provincial social and Economic Council shall be constituted within sixty days following the communication referred to in the preceding paragraph, convened for that purpose by the Governor.".
(14 replaced the letter c) article 67, the article "the", which precedes the pronoun "which", the expression "the" and the voice "exempt" by "free".
15 Intercalanse the following articles, new, then article 72: "(article 72 to)(.-La Ley de Presupuestos incluirá el 10% restante deel Fondo Nacional de Desarrollo Regional, el que se distribuirá entre las regiones en conformidad a los siguientes criterios: a) 5% as a stimulus to efficiency, whereas, however, the percentage of effective disbursements in relation to the budgetary framework of the previous year and the amount of the portfolio of investment projects eligible to be" funded by the National Fund for Regional development.
(b) 5% for emergency expenses. The unused portion of this latter percentage, will be distributed in accordance with the modality indicated in article 72, in the next financial year.
The regulation referred to in the preceding article, shall also regulate procedures for the operation of this part of the National Fund for Regional development.
(Article 72 b).-corresponds to the Regional Council solve the investment of the resources allocated to the region, as provided for in articles 72 and 72 a) of this law, on the basis of the proposal to the Mayor. "."
16 replace the first sentence of the third paragraph of article 76, with the following: "ten days prior to the date in which the College, the respective Regional Electoral Tribunal should constitute shall appoint from among the Councillors of the province, by lot, the members table that will conduct the election and to their alternates. This designation shall be notified by registered letter. These officers elect, among them, a President, a Secretary and a vocal and their respective substitutes. "."
17 amending article 76 bis as follows: to) replace, in its first paragraph, the expression "fifth day" by "eighth day".
(b) replace the second subparagraph by the following:
"Each candidacy must be submitted by at least two councillors of the respective province. This presentation should be accompanied by an affidavit before a notary public of any of the communes in the province or, failing that, before the officer of the civil registry of the respective commune, made by the titular and substitute candidates for regional councillors to be included in the same proposal, by which they declared their willingness to be candidates and the fulfilment of the requirements laid down in articles 31 and 32. A same Councillor may not sponsor more than two nominations, which in any case must include a candidate to titular counselor and another as a substitute. "."
(c) replaced, in its third paragraph, the sentence "to the date in which the election of regional councillors should be." with the following: "in the end of the period of the former regional advisers.".
(d) add the following new paragraph: "statements of candidates referred to in this article may be made personally or by representative whose status is determined in public deed or certificate subscribed before the officer of the civil registry of the respective commune, if there is no notary"..
18 Intercalase the following article 76 to), new, continuation of article 76 bis: "(Artículo 76 a).-polling stations will constitute 15 days after the installation of all the Councils, at nine o'clock, at the location determined by the Regional Electoral Tribunal, and in the presence of an official of the Electoral service designated by the Regional Director of the service" who will lift all operation certificate. In the remote provinces, it will act as a Minister of faith, the officer of the service of Civil Registry designated by the Director of the Electoral service. Remote quality shall be determined by the Director of the Electoral service in the same Act that is designated to the officer of the Civil Registry service.
The Regional Director of the Electoral service will inform the Councillors the place, day and time that must be polling stations, according to the provisions of the preceding paragraph.
The President of the Board will pass list attendees to the tenor payroll to that referred to in the second paragraph of article 76 and declare the Electoral College if he concurriere, at the very least, the absolute majority of its members, a circumstance that will certify the official acting as a Minister of faith in the corresponding Act installed. Not meet the indicated quorum, the meeting will be held three hours later.
19 the following second paragraph added to article 77: "the card will contain in order and correlative numbering, lists and single nominations. The numbering will be in the order of presentation, both the list of nominations. "."
20 replaced section 77), by the following: "(Artículo 77 a)-installed Electoral College, the President will call the Councillors in the order appearing in the list referred to in the second paragraph of article 76." Called Councillor shall accredit your identity with your national identity card and sign the payroll next to their name. Then, the Secretary will provide you with a certificate and a graphite pencil black.
The voting will be secret and personal. Voters will go to the site that have arranged school that guarantees the reservation of the vote and only in him can mark your preference, making a vertical line crossing the printed horizontal line to the left of incumbent candidate, with the pen that was handed in the card. This is done, you must bend it so that you can not see your content and will return to the table, returning to the President, who will check that it is the same that surrendered him. Verified the above, the President will cut off the heel of the card and shall return it to the voter, who will proceed to deposit it in the ballot box. "."
21 amending article 78) in the following way: to) Insert, in its paragraph first, between the words "applicant" and "may", the following sentence: ", personally or through a representative whose status is determined in a public deed or certificate signed by the officer of the civil registry of the respective commune, if there is no notary,".
(b) added to the end of the paragraph first, after the expression "encrypt deliverer", the following sentence by replacing the endpoint by a comma (,): ", subject to the provisions of articles 109, 110 and 111 of the law N ° 18.695, constitutional municipalities, whose text was fixed by Supreme Decree N ° 662, of the Ministry of the Interior, of 1992".
(c) add the following second paragraph: "If arises a tie between two or more lists, or two or more candidates to the inside of them, this will be resolved by the respective Regional Electoral Tribunal, by lot, and in the same order.".
22 insert, in article 78 b), in the second sentence, the word "Act" and "be", the following phrase preceded by a comma (,): "along with the corresponding certificates,".
23 replaced article 78 c), with the following: "(Artículo 78 c)-within twenty-four hours following the election, the Secretary of the Board mailed to the Director of the Regional Electoral service, all received supplies." Shipping will be done in a package that will indicate the table that corresponds on its cover. We will also be testimony on the cover of each of them, from the time of its receipt by the post office. The head of this grant receipt of delivery with expression of the hour. "."
24 be added following article 78 d), new: "(Artículo 78 d).-for the purposes of establishing polling stations within the meaning of subsection first article 76, and whenever it means them to move out of their places of habitual residence, the Councillors are entitled to tickets and travel expenses, which shall be in charge of the corresponding Regional Government." The amount daily of the travel allowance shall be equivalent to the provincial Governor. "."
25, in subsection first add article 80, then the expressions "in order to", the words "call them, of".
26 Add to article 83, after the word "claim", the following expressions: "or firm is score carried out as provided for in article 80".
27 added in subparagraph first of article 84, then of the dot (.) that follows the word "certified", the following sentence: "such a resolution should also notify the Regional Director of the Electoral service.".
28 insert the following new article after Article 85: "(Artículo 85 a)-if there is more than one Regional Electoral Tribunal, in the respective region will have jurisdiction to hear all matters relating to this election that determines the election qualifier Tribunal, which will solve, ex officio, within 48 hours following the publication of the resolution of the Regional election Director" , referred to in article 29. "."
29 insert the following new item, then article 91: "article 92.-shall be appealable to the Court qualifier election resolutions issued the regional electoral courts;" in particular, those to which concern the articles 29, third subparagraph, 41, 55 and 59. "."
30. overridden the sixth transitional provision, by the following: "sixth.-for the first election of regional councillors, establish that the number of Directors of the respective regions, in accordance with the provisions of article 29, it will be: I. Tarapacá Region: total 16 regional councillors, corresponding to 7 to the province of Arica;" 2 the province of Parinacota, and 7 to the province of Iquique.
II. Region of Antofagasta: total 16 regional councillors, corresponding to 3 to Tocopilla province; 5 to the province of the Loa, and 8 to the province of Antofagasta.
III. Region of Atacama: total 16 regional councillors, corresponding to 4 to Chañaral province; 7 to the province of Copiapó and Huasco province 5.
IV. Coquimbo Region: total 16 regional councillors, corresponding to the province of Elqui 8; 5-the province of Limarí and Choapa province 3.
V region of Valparaíso: total 28 regional councillors, corresponding to the province of Petorca 2; the province of Los Andes 2; the province of San Felipe 3; 4 the Quillota province; 12 to the province of Valparaiso; 3 to the province of San Antonio, and 2 to the Easter Island province.
VI. the Libertador Bernardo O'Higgins Region: total 16 regional councillors, corresponding to the province of Cachapoal 9. 5 to the province of Colchagua and Cardenal Caro province 2.
VII. the Maule Region: total 18 regional councillors, corresponding to the province of Curicó 5; 6 to the province of Talca; 5-Linares province and Cauquenes province 2.
VIII. the Bio - Bio Region: total 22 regional advisers, corresponding to the province of Ñuble 5; the province of Concepcion 9; 5 to the province of Bío-Bío, and 3 to the province of Arauco.
IX. the Araucanía Region: total 14 regional councillors, corresponding to 4 to the province of Malleco and Cautín province 10.
X Los Lagos region: total 20 regional councillors, corresponding to the province of Valdivia 6; the province of Osorno 4; the province of Llanquihue 5; 3 to the province of Chiloé and Palena province 2.
XI. Región of Aysén of the General Carlos Ibáñez del Campo: total 18 regional councillors, corresponding to 8 to Coyhaique province; 6 to Aisén province; 2 to the General Carrera province, and 2 to the Capitán Prat province.
XII. región de Magallanes y de la Antártica Chilena: total 18 regional councillors, corresponding to 3 to the province of Ultima Esperanza; 11-the province of Magallanes; 2 to the province of Tierra del Fuego, and 2 to the Antártica Chilena Province.
XIII. Santiago Metropolitan Region: total 26 regional councillors, corresponding to the province of Chacabuco 2; Province of Santiago 16; 2 the province of Cordillera; 2 the province of Maipo; 2 Melipilla province, and 2 the province of Talagante. "."
31 Agreganse the following new transitional provisions: "eighth-election Director shall certify, by a resolution that will be issued to the effect, and prior information that should please the city clerks within fifth day of published in the official journal the request making such official, the fact of having completed the installation of all municipal councils in the country to do so."
The Director of the Electoral Certification shall be published in the official journal.
NINTH.-for the purposes of the first Constitution of provincial social and economic councils, the Commission referred to in article 54, shall be sixty days after the publication of this law.
TENTH.-empowering the President of the Republic so that, within the period of sixty days, through the Ministry of the Interior, attaching the text revised, coordinated and streamlined Government and Regional Administration law.
UNDECIMA.-for the purposes of the first election of the regional advisers, in relation to the claim and appeal procedure, as also with respect to the date of installation of the regional councils, will govern the rules of this law, with the modifications and caveats, then outlined: to) challenge and faculties claim within the meaning of article 79 they must be exercised within three days following the holding of the session of the respective electoral college.
(b) the respective Regional Electoral Tribunal shall be quoted by the only Ministry of law, for the purposes set out in subparagraph first of article 80, at ten in the morning of the fifth day following the date that elections of regional councillors by the provincial electoral colleges have been verified.
(c) the respective Regional Electoral Tribunal gathered at the time indicated in the previous letter, will continue sitting every day until it meets fully its role, which must be evacuated, at the latest, within three days.
(d) the Regional Electoral Court ruling will be appealed to court qualifier of elections, within three days following the notification of the ruling, and the latter, in any case, resolve all complaints within three days.
(e) the Regional Council 20 days after the date of election of the regional advisers will be installed, and if it has been cancelled, that period shall run from the date of the new election. ".".