Key Benefits:
617 OF 2000
(October 6)
Official Journal No. 44,188 of 9 October 2000
COLOMBIA CONGRESS
For which the Law 136 of 1994, the Extraordinary Decree 1222 of 1986, is partially reformed, the Organic Law of the Budget, the Decree 1421 1993, other norms are dictated to strengthen decentralization, and rules are dictated for the rationalization of national public spending.
DECRETA:
CATEGORIZATION OF TERRITORIAL ENTITIES
ARTICLE 1o. BUDGET CATEGORIZATION OF DEPARTMENTS. Under the development of article 302 of the Political Constitution, taking into account its administrative and fiscal management capacity and in accordance with its population and revenue streams of free destination, set the following categorization for the departments:
Special category. All those departments with a population of more than two million (2,000,000) of inhabitants and whose current income of free destination are higher than six hundred thousand (600,000) monthly minimum legal salaries.
First category. All those departments with population comprised between seven hundred thousand one (700,001) inhabitants and two million (2,000,000) inhabitants, whose current income of free destination annual equals or exceed one hundred and seventy thousand one (170,001) monthly minimum legal wages and up to six hundred thousand (600,000) monthly minimum legal wages.
Second category. All those departments with population between three hundred and ninety thousand one (390,001) and seven hundred thousand (700,000) inhabitants and whose current income of free destination are equal to or greater than one hundred and twenty-two thousand one. (122,001) and up to a hundred and seventy thousand (170,000) monthly minimum legal wages.
Third category. All those departments with a population of between one hundred thousand one (100,001) and three hundred and ninety thousand (390,000) inhabitants and whose current resources of free destination are higher than sixty thousand one (60,001) and up to one hundred Twenty-two thousand (122,000) monthly minimum legal wages.
Fourth category. All those departments with a population equal to or less than one hundred thousand (100,000) inhabitants and whose current income of free destination are equal to or less than sixty thousand (60,000) monthly minimum legal wages.
PARAGRAFO 1o. The departments that according to their population are to be classified in a given category, but exceed the amount of current annual free destination income indicated in this article for The same shall be classified in the immediately higher category.
Departments whose population corresponds to a given category, but whose current annual free destination income does not reach the amount indicated in this Article for the same, shall be classified in the corresponding category to their current income of free destination annually.
PARAGRAFO 2o. Without prejudice to the category that corresponds to the criteria set out in this Article, when an apartment is intended for operating expenses, percentages above the limits it establishes This law shall be reclassified in the immediately lower category.
PARAGRAFO 3o. .
PARAGRAFO 4o. The Governors will determine annually, by decree issued before thirty-one (31) October, the category in which it is classified for the following year, the respective department.
To determine the category, the decree will be based on the certifications issued by the Comptroller General of the Republic on the current income of free destination collected effectively in the previous life and on the relationship Percentage of operating expenses and current income from free circulation of the immediately preceding life, and the certification issued by the National Administrative Department of Statistics, DANE, on population for the year previous.
The Directorate General of the National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic shall transmit to the governor the certifications of this article, no later than thirty one (31) of July each year.
If the respective Governor does not issue the certification on categorization in the term mentioned in this paragraph, this certification will be issued by the General Accountant of the Nation in November.
When in the first half of the year following the one that is evaluated for categorization, the department demonstrates that it has energized the conditions to decrease in category, it will be qualified in the one that accredits in that semester, according to the the procedure set out above and taking into account the fiscal capacity.
PARAGRAFO. TRANSIENT. The National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic, will transmit to the Governors the certifications that they are dealing with Article within thirty (30) days following the issue of this law, to the effect that the governors determine, within fifteen (15) days following their receipt, the category in which the respective one is classified department. This categorization decree must be sent to the Ministry of the Interior for registration.
ARTICLE 2o. CATEGORIZATION OF DISTRICTS AND MUNICIPALITIES. Article 6or. of Law 136 of 1994, will remain so:
" Article 6o. Categorization of districts and municipalities. The districts and municipalities shall be classified according to their population and current free destination income, as follows:
Special category. All those districts or municipalities with a population of more than or equal to five hundred thousand one (500,001) inhabitants and whose current income of free destination annually exceed four hundred thousand (400,000) monthly minimum legal wages.
First category. All those districts or municipalities with a population of between 100 thousand one (100,001) and five hundred thousand (500,000) inhabitants and whose current income of free destination are greater than one hundred thousand (100,000) and up to four hundred thousand (400,000) monthly minimum legal wages.
Second category. All those districts or municipalities with population between fifty thousand one (50,001) and one hundred thousand (100,000) inhabitants and whose current income of free destination are higher than fifty thousand (50,000) and up to a hundred thousand (100,000) monthly minimum legal wages.
Third category. All those districts or municipalities with a population of between thirty thousand one (30,001) and fifty thousand (50,000) inhabitants and whose current income of free destination are higher than thirty thousand (30,000) and up to fifty thousand (50,000) monthly minimum legal wages.
Fourth category. All those districts or municipalities with a population of twenty thousand one (20,001) and thirty thousand (30,000) inhabitants and whose current income of free destination are higher than twenty-five thousand (25,000) and up to thirty thousand (30,000) monthly minimum legal wages.
Fifth category. All those districts or municipalities with a population of between ten thousand one (10,001) and twenty thousand (20,000) inhabitants and whose current income of free destination are higher than fifteen thousand (15,000) and up to twenty-five thousand (25,000) monthly minimum legal wages.
Sixth category. All districts or municipalities with a population equal to or less than ten thousand (10,000) inhabitants and with annual income of free destination no more than fifteen thousand (15,000) monthly minimum legal salaries.
PARAGRAFO 1o. The districts or municipalities that according to their population are to be classified in a category, but whose annual revenue streams of free destination differ from those set out in this Article for the same, shall be classified in the category corresponding to the annual revenue streams of free allocation.
PARAGRAFO 2o. No municipality can increase or decrease more than two categories between one year and the next.
PARAGRAFO 3o. Without prejudice to the category that corresponds to the criteria set out in this Article, when a district or municipality is intended for operating expenses higher than the limits that This law shall be reclassified in the category immediately below.
PARAGRAFO 4o.
PARAGRAFO 5o. The mayors will determine annually, by decree issued before thirty one (31) of October, the category in which it is classified for the following year, the respective district or municipality.
To determine the category, the decree will be based on the certifications issued by the Comptroller General of the Republic on the current income of free destination collected effectively in the previous life and on the relationship Percentage of operating expenses and current income from free circulation of the immediately preceding life, and the certification issued by the National Administrative Department of Statistics, DANE, on population for the year previous.
The National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic shall transmit to the mayor the certification of this article, no later than thirty-one (31) of July of each year.
If the respective Mayor does not issue the certification in the term mentioned in this paragraph, this certification will be issued by the General Accountant of the Nation in November.
PARAGRAFO 6o. The minimum monthly legal salary that will serve as the basis for the conversion of the income, will be the same year of the lifetime of the current income of free destination determined in the Article.
PARAGRAFO 7o. The border municipalities with a population of more than seventy thousand (70,000) inhabitants, due to their strategic condition, will be classified as a minimum in the fourth category, in no case the operating costs. of these municipalities will be able to exceed one hundred percent of their current income from free destination.
PARAGRAFO 8o. The municipalities adjacent to the Capital District, with a population of more than three hundred thousand one (300,001) inhabitants, will be classified in the second category.
PARAGRAFO 9o. The provisions contained in this article shall apply from the year 2004.
In the period from 2000 to 2003, the current rules on categorisation can be applied. In this case, when a municipality has to assume a certain category, but its current income from free destination is insufficient to finance the operating expenses indicated for it, the mayors will be able to request the Ministry Public Credit and Public Credit the certification of the category that is adapted to its financial capacity.
The category certified by the Ministry of Finance and Public Credit will be mandatory for adoption.
In these events, the salaries and fees that will be established based on the categorization will have to be adjusted for the fiscal life in which the new category will govern.
PARAGRAFO. TRANSIENT. " The National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic, will forward to the mayors the certifications that they are dealing with Article within thirty (30) days following the issue of this law, to the effect that the mayors determine, within fifteen (15) days following their receipt, the category in which the respective district is classified or municipality. This categorization decree must be sent to the Ministry of the Interior for registration. "
FISCAL CONSOLIDATION OF TERRITORIAL ENTITIES
ARTICLE 3o. FINANCING OF OPERATING EXPENDITURE OF THE TERRITORIAL ENTITIES. The operating costs of the territorial entities must be financed from their current income from free destination, in such a way that they are sufficient to to meet its current obligations, to provide for the provision of the borrowing and pension liabilities; and to finance, at least in part, their autonomous public investment.
PARAGRAFO 1o. For the purposes of this law, current income excluding specific destination income is understood by current income to be free of destination. law or administrative act to a particular end.
Current income is tax and non-tax, in accordance with the provisions of the organic law of the budget.
In any case, no operating expenses can be funded with resources from:
a)
b) The participation of municipalities in the current income of the Nation of forced investment;
(c) Revenue received in favour of third parties who, by legal or conventional mandate, the territorial entities, are responsible for administering, collecting or executing;
d) Balance resources, made up of appropriation balances financed with specific destination resources;
e) The co-financing resources;
f) royalties and compensation;
g) Public credit operations, except for exceptions to the special laws on the matter;
h)
i) Overcharge to the ACPM;
j)
k) Other inputs and transfers with specific or transient destination;
l) Financial returns product of specific destination income.
PARAGRAFO 2o. The expenses for the financing of teachers and health sector personnel that are financed from free resources of the department, district or municipality, and that generate obligations that do not In this case, they can only be used to finance current income from free destination.
PARAGRAFO 3o. Operating expenses that are not cancelled during the tax term in which they are caused will continue to be considered as operating expenses during the tax period in which they are paid.
PARAGRAFO 4o. The service delivery contracts for performing administrative activities shall be classified for the purposes of this law as operating expenses.
ARTICLE 4. MAXIMUM VALUE OF THE DEPARTMENTS ' OPERATING EXPENSES. During each fiscal period, the operating expenses of the departments may not exceed, as a proportion of their current income from free destination, the following limits:
| Category | Limit |
| Special | 50% |
| First | 55% |
| Second | 60% |
| Third and fourth | 70% |
ARTICLE 5o. TRANSITIONAL PERIOD FOR ADJUSTING THE OPERATING COSTS OF THE DEPARTMENTS. A transitional period is established from the year 2001, for the departments whose operating expenses exceed the limits laid down in the Articles prior to the current income of free destination, as follows:
| Year | ||||
| 2001 | 2002 | 2003 | 2004 | |
| CATEGORY | ||||
| Special | 65.0% | 60.0% | 55.0% | 50.0% |
| First | 70.0% | 65.0% | 60.0% | 55.0% |
| Second | 75.0% | 70.0% | 65.0% | 60.0% |
| Third and fourth | 85.0% | 80.0% | 75.0% | 70.0% |
ARTICLE 6o. MAXIMUM VALUE OF THE OPERATING EXPENSES OF THE DISTRICTS AND MUNICIPALITIES. During each fiscal term the operating expenses of the districts and municipalities shall not exceed the proportion of their current income from free destination, the following limits:
| Category | Limit |
| Special | 50% |
| First | 65% |
| Second and third | 70% |
| Fourth, fifth, and sixth | 80% |
ARTICLE 7o. TRANSITIONAL PERIOD TO ADJUST THE OPERATING COSTS OF THE DISTRICTS AND MUNICIPALITIES. A transitional period is established from 2001, for districts or municipalities whose operating expenses exceed the limits established in the previous articles in relation to the current income of free destination, as follows:
| Year | ||||
| 2001 | 2002 | 2003 | 2004 | |
| CATEGORY | ||||
| Special | 61% | 57% | 54% | 50% |
| First | 80% | 75% | 70% | 65% |
| Second and Third | 85% | 80% | 75% | 70% |
| Fourth, Fifth, and Sixth | 95% | 90% | 85% | 80% |
ARTICLE 8o. MAXIMUM VALUE OF THE EXPENSES OF THE ASSEMBLIES AND DEPARTMENTAL CONTRALORIES. From the year 2001, during each fiscal life, in the Assemblies of the special category departments the different expenses to the remuneration of the deputies may exceed 80% (80%) of such remuneration. In the Assemblies of the first and second category departments, the expenditure other than the remuneration of Members may not exceed 60% (60%) of the total value of such remuneration. In the Assemblies of the third and fourth category departments, expenditure other than the remuneration of Members may not exceed 25% (25%) of the total value of such remuneration.
Departmental accounts may not exceed as a percentage of the respective department's annual free destination income, the following limits:
| Category | Limit Expenses |
| Special | 1.2% |
| First | 2.0% |
| Second | 2.5% |
| Third and Fourth | 3.0% |
ARTICLE 9o. TRANSITION PERIOD FOR ADJUSTING THE EXPENSES OF DEPARTMENTAL CONTRALORIES. 1o. Law 1416 of 2010 > A transitional period is established from 2001, for the departments whose expenses in Contralories exceed the limits established in the previous articles in relation to the current income of free destination, as follows:
| Year | ||||
| 2001 | 2002 | 2003 | 2004 | |
| CATEGORY | ||||
| Special | 2.2% | 1.8% | 1.5% | 1.2% |
| First | 2.7% | 2.5% | 2.2% | 2.0% |
| Second | 3.2% | 3.0% | 2.7% | 2.5% |
| Third and fourth | 3.7% | 3.5% | 3.2% | 3.0% |
PARAGRAFO. The decentralized entities of the departmental order must pay a audit fee of up to two percent (0.2%), calculated on the amount of the revenue executed by the respective entity in the previous term, excluding the credit resources; the income from the sale of fixed assets; and the assets, investments and securitised income, as well as the product of the securitization processes.
In any case, during the transition period, the expenses of the Comptroller's Office, together with the transfers of the central and decentralized level, will not be able to grow in constant terms in relation to the previous year. From the year 2005, the expenses of the contralories will not be able to grow above the inflation target established by the Bank of the Republic. For these purposes, the Departmental Finance Secretary, or who will do his or her times, will establish the adjustments that the departmental central level and the decentralized entities will have to make in the percentages and quotas of the audit as set out in this Article.
ARTICLE 10. MAXIMUM VALUE OF THE EXPENSES OF THE COUNCILS, STAFF, DISTRICT AND MUNICIPAL CONTRALORIES. During each tax term, the expenses of the councils may not exceed the value corresponding to the total of the fees that are caused by the number of sessions authorized in article 20 of this law, plus one point five percent (1.5%) of the current income of free destination.
The expenses of personnel, district and municipal contralories, where any, shall not exceed the following limits:
| personnel | |
| Maximum amounts in force | |
| Percentage of Revenue | |
| Free Destination Currents | |
| CATEGORY | |
| Special | 1.6% |
| First | 1.7% |
| Second | 2.2% |
| Maximum Contributions in Effective | |
| Monthly Legal Minimum Wages | |
| Third | 350 SMML |
| Fourth | 280 SMML |
| Fifth | 190 SMML |
| Sixth | 150 SMML |
| CONTRACT | |
| Limits to the expenses of the | |
| Municipal comptroller. Percentage | |
| of Free Current Income | |
| Destination | |
| CATEGORY | |
| Special | 2.8% |
| First | 2.5% |
| Second (over 100,000 inhabitants) | 2.8% |
PARAGRAFO. Municipal councils located in any category in whose municipality the free destination income does not exceed one billion pesos ($1,000,000,000) annually in the previous term may be used as additional contributions to the councilors ' fees for their operation in the following term sixty minimum legal salaries.
ARTICLE 11. TRANSITIONAL PERIOD TO ADJUST THE EXPENSES OF THE COUNCILS, THE PUBLIC, THE DISTRICT AND MUNICIPAL OFFICES. A transitional period is established from 2001, for the districts and municipalities whose expenses are concentrated, personeries and contralories, where any, exceed the limits set forth in the preceding articles, in such a way that the maximum amount of expenses authorized in minimum wages in the article 10 may be added by tax period, the following percentages of the current income of free destination each entity:
| Year | ||||
| 2001 | 2002 | 2003 | 2004 | |
| COUNCILS | ||||
| Special, First and Second | 1.8% | 1.7% | 1.6% | 1.5% |
| PERSONNEL | ||||
| Special | 1.9% | 1.8% | 1.7% | 1.6% |
| First | 2.3% | 2.1% | 1.9% | 1.7% |
| Second | 3.2% | 2.8% | 2.5% | 2.2% |
| CONTRACT | ||||
| Special | 3.7% | 3.4% | 3.1% | 2.8% |
| First | 3.2% | 3.0% | 2.8% | 2.5% |
| Second | 3.6% | 3.3% | 3.0% | 2.8% |
| (more than 100,000 inhabitants) | ||||
PARAGRAFO. Decentralized entities in the district or municipal order must pay a audit fee of up to four percent (0.4%), calculated on the amount of revenue executed by the district. (a) the entity in the previous term, excluding the credit resources; the income from the sale of fixed assets; and the assets, investments and securitised income, as well as the product of the securitization processes.
In any case, during the transition period the expenses of the contralories, plus the transfers of the central and decentralized level, will not be able to grow in constant terms in relation to the previous year. From the year 2005, the expenses of the contralories will not be able to grow above the inflation target established by the Bank of the Republic. For these purposes, the district or municipal finance secretary, or who does his or her times, shall establish the adjustments that the departmental central level and the decentralized entities must make in proportion to the percentages and the audit fees laid down in this Article.
ARTICLE 12. FACILITIES FOR TERRITORIAL ENTITIES. When the territorial entities advance fiscal and financial consolidation programs, the income of specific destination on which they do not fall under the acquired commitments of the territorial entities apply to such programs by suspending the allocation of the resources, established in law, ordinances and agreements, with the exception of those determined in the Political Constitution, Law 60 of 1993 and the other rules that modify or add up, until your finances are healed.
In the development of fiscal and financial consolidation programs, territorial entities will be able to deliver goods in payment terms, in market conditions.
ARTICLE 13. ADJUSTMENT OF THE BUDGETS. If during the tax period, the actual collection of free destination income results is less than the programming on which the income budget of the department, district or municipality is based, the cuts, deferrals or deletions that the Executive must make will affect proportionally to all sections that make up the annual budget, so that in effective implementation of the expenditure of the respective validity are respected the limits established in this law.
ARTICLE 14. PROHIBITION OF TRANSFERS AND LIQUIDATION OF INEFFICIENT ENTERPRISES. Prohibit the departmental, district or municipal central sector to transfer to liquor companies, lotteries, to Health Services Companies and to institutions of a financial nature owned by or with majority ownership of territorial entities, other than ordered by the law or necessary for the constitution of them and to make contributions or credits, direct or indirect under any mode.
When an Industrial and Commercial Company of the State or a mixed-economy company, of those referred to in this Article, generates losses for three (3) years in a row, it is presumed that it is not viable and must be liquidated or The state participation in it shall only be carried out by the transfers, contributions or credits necessary for the liquidation.
CREATING MUNICIPALITIES AND STREAMLINING MUNICIPAL FISCOS
ARTICLE 15. Modify the article 8or. of Law 136 of 1994, which will remain so:
" Article 8or. Requirements. In order for a portion of the territory of a department to be erected in a municipality, the following conditions are required:
1. That the area of the proposed municipality has identity, attended to the natural, social, economic and cultural characteristics.
2. That it has at least fourteen thousand (14,000) inhabitants and that the municipality or municipalities of which it is intended to segregate does not decrease its population below this limit, according to the certification of the National Administrative Department of Statistics, Dane.
3. The proposed municipality guarantees, at least, current annual free destination income equivalent to five thousand (5,000) monthly minimum wages in force, for a period of not less than four (4) years.
4. Prior to the presentation of the draft ordinance by which a municipality is created, the departmental planning organ, according to the methodology developed by the National Planning Department, should produce the respective study, on the economic and social convenience of the initiative and the viability of the new entity, taking into account its economic, infrastructure and identification possibilities as a development area. On the basis of this study, the departmental planning body will have to issue a concept on the feasibility of creating the municipality or not, and must decide on the appropriateness of the measure for the municipality or the municipalities of which it is would segregate the new one.
In no case may a municipality be created that subtract more than one third of the territory of the municipality or municipalities from which it is segregated. Prior to the sanction of the ordinance of creation of the municipality, the Administrative Court will exercise automatic prior control over the legality of the same. If the bill is not in line with the law, it cannot be sanctioned.
PARAGRAFO 1o. The respective draft ordinance may be submitted at the initiative of the Governor, of the members of the Departmental Assembly or by popular initiative, in accordance with the law. However, the Governor will be obliged to present it when the majority of citizens resident in the respective territory are decided by popular consultation.
When the popular consultation with the ordinance that approves the creation of a new municipality has not been preceded, once it is issued, it will be submitted to a referendum in which the citizens of the respective territory will participate. The referendum must be held within a maximum period of six months from the date of the ordinance. If the draft ordinance is denied, it will be filed and a new initiative in the same sense can only be filed three (3) years later.
PARAGRAFO 2o. Municipalities may be created without the full population requirement required in the second paragraph of this article when, in accordance with the certification of the Ministry of Finance and Public Credit, the The municipality to be created will guarantee free current income of more than eight thousand (8,000) monthly minimum wages in force.
PARAGRAFO 3o. The Home Office will keep a record on the municipalities that are created. To this end, the Governor of the respective department, once the procedure for the creation of a municipality, will transmit a copy of the ordinance and its annexes to the Directorate General Administrative Unit Special Administrative Unit for Territorial Authorities of the Ministry of the Interior. '
ARTICLE 16. Modify the article 9or. of Law 136 of 1994, as amended by Article 2or. of Law 177 of 1994, which will remain so:
" Article 9or. Exception. Without the full of the requirements set out in the previous article, the departmental assemblies will be able to create municipalities when, prior to the presentation of the ordinance, the President of the Republic considers its creation for reasons of defense national.
The departmental assemblies will also be able to raise to municipalities without the full of the general requirements the corregimientos created by the National Government before 1991 that are located in the border areas as long as they do not do so. part of no municipality, prior to the approval of the President of the Republic.
Councillors of the municipalities so created will not receive fees for their attendance at the sessions. "
ARTICLE 17. Add article 15 of Law 136 of 1994, which will remain so:
" Article 15. Annexes. The draft ordinance for the creation of a municipality will be accompanied by an explanatory statement that will include the studies, certifications, the concept issued by the Departmental Planning Office, the preliminary map, as annexes. the territory of the municipality to be created and the other documents certifying compliance with the requirements laid down in the law. "
ARTICLE 18. CONTRACTS BETWEEN TERRITORIAL ENTITIES. Without prejudice to the existing rules on the association of municipalities and districts, they may contract with each other, with the departments, the Nation, or with the decentralized entities of these categories, the the provision of the services in charge, the execution of works or the performance of administrative functions, in such a way that their attention is more efficient and involves less cost.
ARTICLE 19. FINANCIAL VIABILITY OF MUNICIPALITIES AND MUNICIPALITIES. Article 20 of Law 136 of 1994 will thus remain:
" Article 20. Financial viability of municipalities and districts. Incompliance with the limits set out in Articles 6or. and 10 of this law, the respective municipality or district shall advance, during a fiscal period, a program of sanitation to obtain, as soon as possible, the authorized percentages. Such a program should define precise performance goals, including the hiring referred to in the previous article or the association scheme of municipalities or districts that deal with the items 148 et seq. of Act 136 of 1994, among other instruments.
If at the end of the sanitation program the municipality or district has failed to meet the limits set forth in this law, the Office of Planning Departmental or the agency that does its times, will submit to the Governor and the Assembly a report on the financial situation of the municipality or district, the latter, to order the adoption of a new adjustment plan which it provides for, other instruments, the procurement referred to in the previous article and the association with other municipalities or districts for the provision of the services to their office, the execution of works or the performance of their administrative functions.
Elapsed the term that the departmental assembly points out for the implementation of the adjustment plan, which will not be able to exceed the two consecutive fiscal vigencies, and provided that the municipality or district has not managed to reach the limits of spending established in this law, the departmental assembly, on the initiative of the Governor, will determine the merger of the respective municipality or district.
When deciding on the merger, the respective ordinance will clearly state that the district, municipality or neighboring municipalities is added to the territory of the merging entity. as the distribution of the assets, liabilities and contingencies of such municipalities or districts, taking into account, among other aspects, the way in which it is distributed to the population, the location and destination of the assets and the origin of the liabilities.
In the event that the merger of the municipality or districtis decreed, the resources of the municipal participation in the current income of the Nation to be rotated, must be assigned to the district, municipality or municipalities to which the territory is added, in proportion to the population that each absorbs.
The departmental planning offices will present to the respective assembly the first day of regular sessions, a report that will cover the entire districts and municipalities of the department and from which the relevance of adopting the measures referred to in this Article shall be assessed. "
ARTICLE 20. MUNICIPAL AND DISTRICT COUNCIL MEMBERS ' FEES. Article 66 of Law 136 of 1994, will be as follows:
" Article 66. Fee causation. The fees for each session to be attended by the councillors will be at most the equivalent of one hundred percent (100%) of the daily wage corresponding to the respective mayor.
In special category, first and second municipalities, up to one hundred and fifty (150) ordinary sessions and up to thirty (30) extraordinary sessions per year can be paid annually. No fees may be payable for carryovers to ordinary periods.
In the third to sixth category municipalities, up to seventy (70) ordinary sessions and up to twelve (12) extraordinary sessions per year can be paid annually. No fees may be paid for other extraordinary sessions or for carryovers.
From 2007 onwards, in the third category municipalities, up to seventy (70) ordinary sessions and up to twelve (12) extraordinary sessions per year can be paid annually. In the fourth category municipalities, up to sixty (60) ordinary sessions and up to 12 (12) special sessions per year may be paid annually. In the fifth and sixth category municipalities, up to forty-eight (48) ordinary sessions and up to 12 (12) extraordinary sessions per year may be paid annually. No fees may be paid for other extraordinary sessions or for carryovers.
When the maximum amount of current income of free destination that the district or municipality can spend on the council, is less than the amount that according to this article and the category of the respective municipality would be required to pay the members ' fees, these should be reduced proportionally for each of the councilors, until the amount to be paid for that concept maximum the limit authorized in the article 10 of the present law.
PARAGRAFO. The fees are incompatible with any allocation from the public treasury of the respective municipality, except for those originating in pension or pension substitutions and other exceptions. provided for in Law 4a. 1992 ".
ARTICLE 21. CREATION AND SUPPRESSION OF DISTRICT AND MUNICIPAL CONTRALORIES. Article 156 of Law 136 of 1994, will remain so:
" Article 156. Creation and suppression of district and municipal comptroller. Only municipalities and districts classified in special category and first and those of second category with more than one hundred thousand (100,000) inhabitants, will be able to create and organize their own comptroller.
The comptroller s of the municipalities and districts referred to in the preceding paragraph shall be abolished when the economic incapacity of the municipality or district is established to finance the operating expenses of the fiscal control body, endorsed by the General Accounting Office of the Nation.
PARAGRAFO. In the municipalities or districts in which there is no municipal Comptroller, the supervision of the fiscal management will correspond to the respective departmental Comptroller. In such cases, no fee or other form of taxation similar to municipalities or districts may be charged.
PARAGRAFO. TRANSIENT. On December 31, 2000, the Comptroller's Office operating in the municipalities or districts of category 2a., other than those authorized in this article 3o., 4o., 5, or. and 6or. shall be deleted.
Due to the term stated in this paragraph, no expenditure may be ordered to finance the operation of the contralories of these municipalities or districts, except those necessary for settlement. "
ARTICLE 22. SALARY OF MUNICIPAL OR DISTRICT CONTRALORS AND PERSONNEL. ARTICLE 159 of Law 136 of 1994, will remain so:
" Article 159. The amount of the salaries assigned to the Comptroller and Personnel of the municipalities and districts, in no case can exceed one hundred percent (100%) of the mayor's salary. "
ARTICLE 23. PAYMENTS TO THE MEMBERS OF THE LOCAL ADMINISTRATIVE BOARDS. The members of the Local Administrative Boards shall not be remunerated, nor may they receive directly or indirectly any payment or consideration from the public treasury of the respective municipality.
ARTICLE 24. PERSON ' S PRIVILEGES AS A TREASURY KEEPER. In the municipalities where there is no municipal Comptroller, the person will exercise the veedor functions of the public treasury. For this purpose it shall have the following privileges:
1. Ensure compliance with the guiding principles of administrative procurement laid down in law, such as: transparency, economy, responsibility, contractual equation and objective selection.
2. Ensure compliance with the Internal Control objectives set out in the law, such as: equality, morality, efficiency, economy, speed, impartiality, publicity and environmental cost assessment.
3. Carry out the visits, inspections and actions that it deems appropriate in all the offices of the municipal administration for the complete fulfillment of its responsibilities in the field of municipal public treasury.
4. To evaluate permanently the execution of the public works that are brought forward in the respective municipality.
5. Require reports on their management to municipal public servants and any public or private persons who administer funds or assets of the respective municipality.
6. To coordinate the democratic formation at the request of interested persons or to appoint, of its own initiative, citizens ' oversight committees to ensure the proper use of public resources that are spent or invested in the respective jurisdiction.
7. Request the intervention of the accounts of the respective territorial entity by the Comptroller General of the Nation or the departmental Comptroller, when deemed necessary.
8. To take the necessary measures, either on their own initiative or at the request of a plural number of people or of citizens, to avoid the misuse of public resources for proselytizing purposes.
9. Promote and certify the publication of the agreements of the respective municipal council, in accordance with the law.
10. To seek the conclusion of the open lobbies regulated by the law. They will present the reports on the exercise of their powers as a public treasury official.
STREAMLINING DEPARTMENTAL FISCOS
ARTICLE 25. ASSOCIATION OF DEPARTMENTS. The departments may contract with another or other departments or with the Nation, the provision of the services to their office, the execution of works or the performance of administrative functions, such that their Care is more efficient and involves less cost. For the same purpose, the departments may be associated for the provision of all or some of the services to their office.
ARTICLE 26. FINANCIAL VIABILITY OF THE DEPARTMENTS. Incompliance with the limits set in the 4or. and 8or. of this law for a duration, the respective department will advance a program of fiscal consolidation to achieve, as soon as possible, the authorized percentages. Such a programme shall define precise performance targets and provide for one or more of the alternatives provided for in the previous Article. Where a department is in the situation provided for in this Article, the remuneration of Members may not exceed that of the Members of a category four department.
As of 2001, the Congress of the Republic, at the initiative of the President of the Republic, will evaluate the financial viability of those departments that in the previous fiscal year have recorded operating expenses. higher than those authorised in this law. For the purpose, the Ministry of Finance and Public Credit will identify the departments that are in the situation described, based on the budgetary and financial valuation that they perform annually.
ARTICLE 27. DEPARTMENTAL COMPTROLLER ' S SALARY. The amount of salaries assigned to the departmental comptroller s will in no case exceed one hundred percent (100%) of the governor's salary.
ARTICLE 28. REMUNERATION OF MEMBERS. The remuneration of the Members of the Departmental Assemblies per month shall correspond to the following table from 2001:
| Category | Remuneration Deputies |
| Special | 30 smmlm |
| First | 26 smmlm |
| Second | 25 smmlm |
| Third and fourth | 18 smmlm |
ARTICLE 29. ASSEMBLIES SESSIONS. The article 1or. of Law 56 of 1993, will remain so:
" Article 1or. Sessions of the Assemblies. Assemblies shall be held for six (6) months in an ordinary manner, as follows:
The first period will be, in the first year of sessions, on January 2 after your election to the last of the month of February of the year.
The second and third year of sessions will have the first period of the 1o. March and April 30.
The second period will be from June 1 to July 30, and the third period will be 1o. from October to November 30.
They may also be held for one month each year in an extraordinary manner, which will be paid in proportion to the salary set.
PARAGRAFO 1o. The remuneration of Members is incompatible with any allocation from the public treasury, except for those originating in pension or pension substitutions and established exceptions. in the Law 4a. of 1992.
PARAGRAFO 2o. Deputies will be covered by the social security scheme provided for in Law 100 of 1993 and its accompanying provisions. In any case they will be guaranteed health insurance and pensions. The National Government will regulate the matter. "
RULES FOR DEPARTMENTAL, MUNICIPAL, AND COUNTY MANAGEMENT TRANSPARENCY
ARTICLE 30. OF THE INABILITIES OF THE GOVERNORS. You may not be registered as a candidate, elected or appointed as Governor:
1. Anyone who has been convicted at any time by a judicial sentence, with the exception of political or culpous crimes; or has lost the investiture of a congressman or, as of the validity of this law, that of a deputy or Member of the Council of the European Parliament, the Council of the European Parliament and the Council of the European Parliament.
2. Those who have dual nationality, except for Colombians by birth.
3. Who within twelve (12) months prior to the date of the election has exercised as a public employee, jurisdiction or political, civil, administrative or military authority, in the respective department, or as a public employee of the order national, departmental or municipal, has intervened as a computer of expenditure in the execution of investment resources or the conclusion of contracts, which must be executed or fulfilled in the respective department.
4. Who in the year before the election has intervened in the management of business to public entities of the departmental level or in the conclusion of contracts with public entities of any level in self-interest or of third parties, provided that the contracts must be executed or fulfilled in the respective department. Also, who in the previous year has been the legal representative of entities that administer taxes, fees or contributions, or of the entities that provide public services or health social security in the subsidized regime in the respective department.
5. Those who have a marriage, or permanent union, or a second degree of consanguinity, first of an affinity or a single civil, with officials within the twelve (12) months prior to the election having exercised civil authority, political, administrative or military in the respective department; or with whom within the same period have been legal representatives of entities that administer taxes, fees or contributions, or of the entities that provide public services (i) direct or social security of health in the subsidized system in the respective department.
6. Who has held the position of departmental comptroller or deputy attorney in the respective department for a period of twelve (12) months before the election of governor.
7. Who has performed the charges referred to in article 197 of the National Constitution.
ARTICLE 31. OF THE INCOMPATIBILITIES OF THE GOVERNORS. The Governors, as well as those appointed in their replacement, will not be able to:
1. To celebrate in their particular interest in case of person or by person or in representation of another, contract with the respective department, with its public or private entities that handle or administer public resources from it.
2. Take part in the activities of political parties or movements, without prejudice to the freedom to exercise the right to vote.
3. To intervene in any form, outside the exercise of its functions, in the conclusion of contracts with the public administration.
4. To intervene, in his or her own name, in processes or matters, outside the exercise of his or her duties, in which the department or its decentralized entities have an interest.
5. To be a manager or manager to entities or administrative or jurisdictional authorities of the respective department, or to administer taxes, fees or contributions thereof.
6. Simultaneously perform another public or private job or job.
7. Register as a candidate for any post or corporation of popular choice during the period for which you were elected.
ARTICLE 32. DURATION OF THE INCOMPATIBILITIES OF THE GOVERNORS. The incompatibilities of the governors referred to in numerals 1 and 4 shall be valid during the constitutional period and up to twelve (12) months after the expiration of the same period. or the acceptance of the waiver. In the case of the incompatibility referred to in the numeral 7 such term shall be twenty-four (24) months * in the respective constituency.
He who is appointed as Governor shall be subject to the same incompatibilities as from his possession.
PARAGRAFO. For these purposes, the national constituency, matches each of the territorial constituencies.
ARTICLE 33. OF THE INABILITIES OF THE DEPUTIES. You may not be registered as a candidate or elected Member:
1. Who has been convicted of a judicial sentence, a custodial sentence, except for political or criminal offenses; or has lost the investiture of a congressman or, as of the validity of this law, that of a deputy or a councillor; or the exercise of a profession; or is in an interdiction for the exercise of public functions.
2. Those who have dual nationality, except for Colombians by birth.
3. Who within twelve (12) months prior to the date of the election has exercised as a public employee, jurisdiction or political, civil, administrative or military authority, in the respective department, or as a public employee of the order national, departmental or municipal, has intervened as a computer of expenditure in the execution of investment resources or the conclusion of contracts, which must be executed or fulfilled in the respective department.
4. Who in the year before the election has intervened in the management of business to public entities of the departmental level or in the conclusion of contracts with public entities of any level in self-interest or of third parties, provided that the contracts must be executed or fulfilled in the respective department. Also, who in the previous year has been the legal representative of entities that administer taxes, fees or contributions, or of the entities that provide public services or health social security in the subsidized regime in the respective department.
5. > Who has a link by marriage, or permanent union, or parentage in second degree of consanguinity , first of affinity or only civil, with officials who within the twelve (12) months prior to the election have exercised civil, political, administrative or military authority in the respective department; or with whom within the same period have been legal representatives of entities that administer taxes, fees or contributions, or of entities providing public services In the case of a health insurance system, the system is based on the following conditions: Likewise, who is linked to each other by marriage or permanent union or kinship within the third degree of consanguinity, second of affinity or only civil, and enrolls by the same party or political movement for choice of posts or public corporations to be performed in the same department on the same date.
ARTICLE 34. OF THE INCOMPATIBILITIES OF MEMBERS. Members may not:
1. Accept or take charge as an official employee; nor be bound as a contractor with the respective department.
2. To intervene in the management of business or to be a proxy to entities of the respective department or to the persons who administer taxes coming from it, or to celebrate with them, by itself or by person, contract, with the exceptions to which the following Article applies.
3. To be a member of boards or boards of directors of the central or decentralized sector of any level of the respective department, or of institutions that administer taxes, fees or contributions.
4. To conclude contracts or to make arrangements with those who administer, manage, or invest public funds from the respective department, or be contractors of the department, or receive donations from it.
5. Be a legal representative, board member or board of directors, auditor or tax reviewer, employee or contractor of companies providing public or social security services in the respective department.
PARAGRAFO. The departmental public officer who names a deputy for a job or public office or holds a contract or agrees to act as a manager on his or her own behalf, in contravention of the The provisions of this Article shall be a cause of misconduct.
ARTICLE 35. EXCEPTIONS. The provisions of the foregoing articles do not prevent Members from being able, directly or through proxy, to act in the following cases:
1. In the proceedings or administrative and judicial proceedings in which they, in accordance with the law, themselves, their spouse, their parents or their children have an interest.
2. To make claims for the collection of taxes, contributions, fees, and fines that are taxed on the same persons.
3. Use the goods and services that the official entities of any class, the public service providers and social security services offer to the public, under conditions common to all those who request it.
4. To be proxies or defenders in the processes that are aired before the judicial branch of the public power. However, the deputies during their constitutional period may not be taken over by the processes of any kind that are aimed at managing the fiscal or economic interests of the respective department, the public establishments, the commercial and industrial enterprises in the departmental order and mixed-economy companies in which the same entities have more than 50% (50%) of the capital.
ARTICLE 36. DURATION. The incompatibilities of the deputies will take effect during the constitutional period for which they were elected. In the case of a waiver, they shall be maintained for the six (6) months following their acceptance, if the lapse of lapse for the maturity of the period is higher.
He who is called to occupy the position of deputy will be subjected to the same regime of incompatibilities from his possession.
ARTICLE 37. INABILITY TO BECOME MAYOR. Article 95 of Law 136 of 1994, will remain so:
" Article 95. Inability to be mayor. You may not be registered as a candidate, or elected, or designated municipal or district mayor:
1. Anyone who has been convicted at any time by a judicial sentence of a custodial sentence, except for political or guilty crimes; or has lost the investiture of a congressman or, as of the validity of this law, that of a deputy or Member of the Council of the European Parliament, the Council of the European Parliament and the Council of the European Parliament.
2. Who within twelve (12) months prior to the date of the election has exercised as a public employee, jurisdiction or political, civil, administrative or military authority, in the respective municipality, or as a public employee of the order national, departmental or municipal, has intervened as a computer of expenditure in the execution of investment resources or the conclusion of contracts, which must be executed or fulfilled in the respective municipality.
3. Who in the year before the election has intervened in the management of business to public entities of the municipal level or in the conclusion of contracts with public entities of any level in self-interest or of third parties, provided that the contracts must be executed or fulfilled in the respective municipality. Likewise, who within the year before the election, has been a legal representative of entities that administer taxes, fees or contributions, or of the entities that provide local public services or health social security in the subsidized regime in the respective municipality.
4. Those who have ties by marriage, or permanent union, or from kinship to the second degree of consanguinity, first of affinity or only civil, with officials who within twelve (12) months prior to the election have exercised authority civil, political, administrative or military in the respective municipality; or with whom within the same period have been legal representatives of entities that administer taxes, fees or contributions, or of the entities that provide public services (i) direct or social security of health in the subsidized system in the respective municipality.
5. To have held the position of comptroller or personero of the respective municipality in a period of twelve (12) months before the date of the election. "
ARTICLE 38. THE MAYORS ' INCOMPATIBILITIES. The mayors, as well as those who replace them in the exercise of the position, will not be able to:
1. To celebrate in their particular interest in case of person or by person or in representation of another, contract with the respective municipality, with its public or private entities that handle or administer public resources from it.
2. Take part in the activities of the parties without prejudice to the exercise of the right to vote.
3. To intervene in any form, outside the exercise of its functions, in the conclusion of contracts with the public administration.
4. To intervene, in his or her own name, in processes or matters, outside the exercise of his or her functions, in which the municipality, district, or its decentralized entities have an interest.
5. To be a manager or manager to administrative or judicial authorities or authorities, or to administer taxes.
6. Simultaneously perform another public or private job or job.
7. Register as a candidate for any popular election position during the period for which you were elected.
-Council of State Section Fifth, Case No. 2083274 of 07 June 2016, C.P. Dr. Alberto Yepes Barreiro.
PARAGRAFO. The provisions of this article are without prejudice to the exceptions to the incompatibilities of the literals a, b, c, and d. Article 46 of Law 136 of 1994.
ARTICLE 39. DURATION OF THE INCOMPATIBILITIES OF THE MUNICIPAL MUNICIPAL MAYOR. Article CONALLY EXEQUIBLE> The incompatibilities of the municipal and district mayors referred to in numerals 1 and 4 shall be valid during the constitutional period and up to twelve (12) months after the expiration of the same period. or the acceptance of the waiver. In the case of the incompatibility referred to in the numeral 7 such term shall be twenty-four (24) * months in the respective constituency.
The same system of inabilities and incompatibilities will govern the Capital District of Santafe in Bogota, D.C.
PARAGRAFO. For these purposes the national constituency, matches each of the territorial constituencies.
ARTICLE 40. OF THE INABILITIES OF THE COUNCILORS. Article 43 of Law 136 of 1994 will remain so:
" Article 43. Skills: You may not be registered as a candidate or elected municipal or district councillor:
1. Who has been convicted of a judicial sentence, a custodial sentence, except for political or criminal offenses; or has lost the investiture of a congressman or, as of the validity of this law, that of a deputy or a councillor; or the exercise of a profession; or is in an interdiction for the exercise of public functions.
2. Who within twelve (12) months prior to the date of the election has exercised as a public employee, jurisdiction or political, civil, administrative or military authority, in the respective municipality or district, or who as a public employee of the national, departmental or municipal order, has intervened as a computer of expenditure in the execution of investment resources or the conclusion of contracts, which must be executed or fulfilled in the respective municipality or district.
3. Who in the year before the election has intervened in the management of business to public entities of the municipal or district level or in the conclusion of contracts with public entities of any level in self-interest or third parties, provided that the contracts are to be executed or complied with in the respective municipality or district. Also, who in the previous year has been the legal representative of entities that administer taxes, fees or contributions, or of entities that provide public services or social security services in the subsidized regime in the respective municipality or district.
4. Who has a marriage, or permanent union, or a second degree of consanguinity, first of affinity or only civil, with officials who within twelve (12) months prior to the election have exercised civil authority, political, administrative or military in the respective municipality or district; or with whom within the same period have been legal representatives of entities that administer taxes, fees or contributions, or of the entities that provide services public or social security in the subsidized scheme in the respective municipality or district. Likewise, who is linked to each other by marriage or permanent union or kinship within the second degree of consanguinity, first of affinity or only civil, and is registered by the same party or political movement for the choice of posts or public corporations to be held in the same municipality or district on the same date. "
ARTICLE 41. OF THE INCOMPATIBILITIES OF THE COUNCILORS. Add article 45 of Law 136 of 1994, with the following numerals:
" 5o. Be legal representatives, board members or boards of directors, auditors or tax reviewers, employees or contractors of companies providing public or social security services in the respective municipality. "
ARTICLE 42. EXCEPTION TO INCOMPATIBILITIES. Article 46 of Law 136 of 1994 will have a literal c) of the following tenor:
"c) Use the goods and services that the official entities of any class, the public service providers and social security services offer to the public, under conditions common to all who request it."
ARTICLE 43. DURATION OF INCOMPATIBILITIES. Article 47 of Law 136 of 1994 will remain so:
" Article 47. Duration of incompatibilities. The incompatibilities of municipal and district councilors will be valid until the end of the respective constitutional period. In the case of a waiver, they shall be maintained for the six (6) months following their acceptance, if the lapse of lapse for the maturity of the period is higher.
Whoever is called to occupy the a councillor, be subject to the same regime of incompatibilities from his possession. "
ARTICLE 44. OF THE INCOMPATIBILITIES OF THE MEMBERS OF THE LOCAL ADMINISTRATIVE BOARDS. Addition to Article 126 of Law 136 of 1994, as follows:
8. "Be legal representatives, board members or boards of directors, auditors or tax reviewers, employees or contractors of companies providing public or social security services in the respective municipality or district."
ARTICLE 45. EXCEPTIONS TO THE INCOMPATIBILITIES OF MEMBERS OF LOCAL ADMINISTRATIVE BOARDS. Modify and add to Article 128 of Law 136 of 1994, as follows:
Literal c) of article 128 of Law 136 of 1994 will remain so:
"c) Use the goods and services that the official entities of any class, the public service providers and social security services offer to the public, under conditions common to all who request it."
