LAW MM. 18.963 AMENDS THE LAWS N ° S. 18.695; 18.603; 18,700; 18.556, and 18.460 The Government Board of the Republic of Chile has given its approval to the following Draft Law Article 1 °.-Itroducense the following amendments to Law No. 18,695, Constitutional Organic Municipalities: 1.-In Article 5 (g), add the following sentence, replacing the comma (,) and the conjunction "and" end by a point (.) followed: " Likewise, this limit does not include the grants or contributions that the municipalities of Santiago, Providencia and Las Condes are in the "Cultural Corporation of the I. Municipality of Santiago", for the financing of activities of a cultural nature which benefit the inhabitants of such communes, and "2.-In Article 6 thereof, replace the end point of the second indent by a comma (,) and add the following sentence:" without prejudice to the provisions of the in Articles 55 (l) and 78 (m). ' 3.-In Article 53 thereof: (a) Substitute (g); (b) Substitute in his (m), comma (,) and combination "and" followed by a semicolon (;); (c) Substitute in point (n), the end point by a combination "and", preceded by a comma (,), and (d) (n): "n) Submit a plebiscite to local administrative matters, in accordance with the provisions of Articles 82 et seq." 4.-Article 55: (a) Substitute, in point (i), the comma (,) and the combination "and" following it, by a semicolon (;); (b) Substitute, in point (j), the end point by a semicolon (;); (c) Add the following letters: " k) Grant, renew and terminate (l) omitting the proposal or public tender procedure to contract or execute actions with third parties, and to carry out or agree to them directly or through a private proposal, in the cases and forms provided for in point (m) of the Article 78. ' 5.-In Article 73, the following sentence shall be added to the first subparagraph, following the separate point, the following sentence: " However, the incompatibility laid down in Article 50 (2) shall not apply if the Council so declares. Regional Development at the request of the Council for Community Development, where there is no specific area in the commune or group of communes, more than three persons in a position to conclude the respective contract. " 6.-In Article 76: (a) Substitute, in point (d), the comma (,) and the combination "and" which follows it by a semicolon (;); (b) Substitute, in point (e), the final point by a combination "and" preceded by a comma (,), and (c) The following (f) Propose to the mayor, by an absolute majority of the members in office, the holding of a plebiscite, pointing out the questions to be submitted to the communal consultation. " 7.-In his article 78: (a) Substitute, in point (j), the comma (,) and the combination "and" followed by a semicolon (;); (b) Substitute, in its letter (k), the endpoint by a semicolon (;); (c) The following letters: " l) Grant, renewal and termination of municipal permits, and m) Authorization to omit the process of proposal or public tender in the hiring or execution of actions with third parties up to an amount of one hundred monthly tax units. In the event of urgent unforeseen or other serious circumstances, previously qualified by the Council of Community Development, authorization may be granted up to three hundred monthly tax units. In the latter case, a private proposal must be called to which at least three persons who are duly registered in the registers must be present, who for that purpose must carry the municipality. " 8.-Intercalase, following Article 81, the following Title, and replace the numbering of Articles 82, 83, 84, 85 and 86, which become 89, 90, 91,92 and 93 respectively: " TITLE IV of the Communal Plebiscites Article 82.-The mayor, on his own initiative or at the request of the Council of communal development or of the neighbors, may submit to plebiscite the subjects of administration (a) local development specific investments, in accordance with the procedure laid down in the following Articles. Article 83.-The neighbors of a commune or group of communes duly registered in the Electoral Records of the same, at 31 December of the year immediately preceding, may request the mayor to hold a plebiscite on the matters referred to in the preceding article. For such purposes, at least 20% of them must be signed with their signature and must be certified by the certificate issued by the Director of the Electoral Service. Article 84.-In the cases of Article 76 (f) and the preceding article, the mayor shall decide by decree, founded and within a period of 15 days, whether or not to accede to the request for a plebiscite. If the mayor fails to speak within that period, he shall be deemed to approve it. 85.-The plebiscite will be convened by a decree published in the Official Journal, in a newspaper of the most circulation in the commune or group of communes and also by means of notices fixed in the communal headquarters and other public places. The decree shall contain the questions submitted to a plebiscite and the circumstance that its result is mandatory for the authority. It shall also indicate the date of the latter, which shall be effected no earlier than 30 days after the publication of that decree in the Official Journal. The result of those declared non-compulsory issues will only be illustrative about the subjects in consultation. For the purposes of suspending the registration in the electoral constituencies that correspond, the mayor shall inform the Director of the Electoral Service in advance of the text of the questions submitted to plebiscite, the date of publication in the Official Journal of the convocation and its realization. Article 86.-It will not be possible to convene a plebiscite within six months prior to an election of deputies and senators or of the President of the Republic. The call for a national plebiscite or an extraordinary election of President of the Republic suspends the deadlines for the realization of the communal plebiscites, until the proclamation of their results by the Qualifier of Elections. Article 87.-The cost of the communal plebiscites will be charged to the municipality that ordered them, to which it will correspond to the confection of the cedulas and the distribution of the useful ones that will be used in the same. Article 88.-The implementation of the plebiscite, as applicable, shall be governed by the rules laid down in Law N ° 18,700, Constitutional Organic on Popular Voting and Scrutiny. " Article 2 °.-Attaché, in the final paragraph of article 2 ° of Law No. 18,603, Constitutional Organic of Political Parties, following the separate point that happens to be followed, the following sentence: " Nor will they be able to participate in the plebiscites Community law referred to in Article 107 of the Political Constitution of the Republic. " Article 3.-Introduces the following amendments to the law N ° 18,700, Constitutional Organic on Popular Voting and Scrutiny: 1. -In article 26, interleave the word "national" after the expression "plebiscite" and add to continuation of the first point followed, the following sentence: "In the communal plebiscites the text shall be fixed by the mayor." 2.-In his article 30, the following second indent shall be inserted, passing the current second, third and fourth be third, fourth and fifth, respectively: " For communal plebiscites propaganda may only include matters under consideration by the neighbours, without referring to any ideological, partisan or contingent policy matters. "3.-In Article 31, it shall be inserted in the first subparagraph after the word" "plebiscites", the expression "national" and also, in its sixth indent, the word "national" after the expression "plebiscite". 4.-In his article 31a, he interspersed in the second indent, after the word "plebiscite", the expression "national". 5.-In Article 159, replace the first indent of Article 159: " Article 159.-Each of the parties participating in an election and the independent candidates may appoint a proxy with a right to speak, but without a vote, so that attend the actions established by this law of the respective Electoral Boards, Receiving Tables, Scrutinizing Colleges, and Electoral Offices that operate in the voting precincts. The same right will have the political parties and independent MPs in the national plebiscites. In the case of communal plebiscites, this right shall only be the responsibility of the Community organisations and the relevant activities of the respective commune or group of communes. "6.-Add the following Article 159 a:" Article 159 a.- Members shall be appointed by a drawing in representation of the various positions, by the Community organisations of a territorial and functional nature registered in the register referred to in Article 8 of the Law N ° 18.893, and the relevant activities of each commune, which are registered in the register the respective municipality, referred to in Article 63 of Law No. 18,695, Constitutional Organics of Municipalities. Only one proxy for each position shall be admitted to each Bureau. The organizations referred to in the preceding paragraph may carry out the propaganda according to the provisions of this law. "7.-In Article 169, add the following second indent:" The communal plebiscites shall be carried out in the day 8.-In Article 170, the word "national" is inserted after the expr 9.-Add the following article 171a: " Article 171a.-The call for a communal plebiscite shall fix the date of its realization, which shall not be before thirty or after sixty days from the publication in the 10.-In Article 172, add the following third indent: "In the cases of communal plebiscites, the agreement shall be communicated to the respective mayor." Article 4.-Intercalase in article 22 of Law No. l18,556, Constitutional Organic on the system of Electoral and Electoral Service, the following fifth indent, passing the current incisos fifth and sixth to be sixth and seventh, respectively: " In the cases of convocation to a communal plebiscite, the suspension of registration of the Inscriptor Boards of the electoral constituencies corresponding to the commune or group of communes in which the plebiscite will be held, shall be verified on the basis of the publication in the Official Journal of the Council of summons. ' Article 5.-Substitute the first and second points of Article 9 (c) of Law No. 18,460, Constitutional Organic on the Qualifier of Elections, for the following: " (c) Qualify electoral and plebiscite processes, be national or communal, and proclaim those who are elected or the result of the plebiscite. The proclamation of the President-elect will be communicated to the President of the Senate, that of senators and deputies, to the Presidents of the respective Chambers, the result of the national plebiscite to the President of the Republic and that of the communal plebiscite, to the "mayor repectivo." JOSÉ T. MERINO CASTRO, Admiral, Commander in Chief of the Navy, Member of the Government Board.-FERNANDO MATTHEI AUBEL, General Air Force, Commander in Chief of the Air Force, Member of the Government Board.-RODolfo STange OELCkers, General Director, General Director of Carabineros, Member of the Government Board.-JORGE LUCAR FIGUEROA, Lieutenant General, Deputy Chief of the Army, Member of the Government Board. In the light of the provisions of Article 82 of the Political Constitution of the Republic, No 1, and because I have had the right to approve the previous law, I have sanctioned it and signed it as a sign of promulgation. Take effect as the Law of the Republic. Register with the Comptroller General of the Republic, publish in the Official Journal and insert in the Official Collection of the Comptroller's Office. Santiago, 7 March 1990.-AUGUSTO PINOCHET UGARTE, Captain General, President of the Republic.-Carlos Cáceres Contreras, Minister of the Interior. What I transcribe to Ud., to your knowledge.-Jorge Beytia Valenzuela, Captain of Navio JT, Secretary of Legislation of the Government Board. CONSTITUTIONAL COURT Draft law amending the laws N ° s. 18,695; 18.603; 18,700; 18.556 and 18.460. The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Government Junta sent the bill enunciated in the rubric so that this Court exercised control of its constitutionality and that by judgment On 27 February 1990, he stated: 1. That the provisions of the draft submitted are constitutional with the exception indicated in the second declaration. 2. That the phrase "concrete measures" of Article 82 introduced to Law No. 18,695, Constitutional Organics of Municipalities, by Article 1 of the Article 1 of the draft submitted is unconstitutional and should be eliminated.-Rafael Larraín Cruz, Secretary.