Law 617 Of 2000

Original Language Title: LEY 617 de 2000

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Law 617 of 2000
(October 6)
Official Gazette No. 44,188 of October 9, 2000
THE CONGRESS OF COLOMBIA
Whereby Law 136 of 1994 was partially reform, the Special Decree 1222 1986 Organic Budget Law, Decree 1421 of 1993 is added, other rules aimed at strengthening decentralization dictate, and standards for the rationalization of national public spending are enacted. Summary

Term Notes
DECREES: CHAPTER I.

categorizing
TERRITORIAL ENTITIES ARTICLE 1o. Categorization BUDGET OF THE DEPARTMENTS. In implementation of Article 302 of the Constitution, taking into account their ability to administrative and fiscal management and according to its population and current income free destination, Establécese categorization for the following departments:
Special category. All those departments with more than two million (2,000,000) people whose current income population and annual free destination exceed six hundred thousand (600,000) minimum monthly wages.
First category. All those departments with population between seven hundred thousand and one (700.001) inhabitants and two million (2,000,000) inhabitants, whose current annual income free destination equal or exceed one hundred and seventy thousand and one (170,001) monthly minimum wage and up to six hundred thousand (600,000) minimum monthly wages.
Second category. All those departments with population between three hundred and ninety thousand and one (390,001) and seven hundred thousand (700,000) inhabitants and whose current income of annual free destination are equal to or greater than one hundred twenty-two thousand and one (122,001) and up to one hundred and seventy thousand (170,000) minimum monthly wages.
Third category. All those departments with population between one hundred thousand and one (100,001) and three hundred and ninety thousand (390,000) inhabitants and whose current resources of annual free destination are above sixty thousand and one (60.001) and even one hundred twenty-two thousand (122,000) statutory minimum wages monthly.
Fourth category. All those departments exceeding one hundred thousand (100,000) inhabitants and whose annual current income free destination less than or equal to sixty thousand (60,000) minimum monthly wages.
PARAGRAFO 1o. The departments according to their population should be classified in a particular category, but exceed the amount of current annual income free destination mentioned in this article for it to be classified in the next higher category.
Departments whose population belongs to a particular category, but whose current annual income free destination not reach the amount mentioned in this article for the same, shall be classified in the corresponding annual current income free destination category.
PARAGRAFO 2o. Without prejudice to the appropriate category according to the criteria outlined in this article, when a department allocated to operating expenses which exceed the limits established by this law will be reclassified in the next lower percentages.
PARAGRAFO 3o. . Effective Jurisprudence

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PARAGRAFO 4o. Governors determined annually by decree issued before thirty-one (31) October, the category in which qualified for the following year, the respective department is located.
To determine the category, the decree will be based on the certificates issued by the Comptroller General of the Republic on current income free destination actually collected in the previous period and the percentage ratio between operating expenses and current income free destination of the immediately previous period, and certification issued by the National Administrative Department of Statistics, DANE population for the previous year.
The Directorate General of the National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic sent to the governor certifications referred to in this Article, no later than thirty-one (31) July each year.
If the Governor concerned does not issue certification on categorization in the period specified in this paragraph, such certification shall be issued by the Accountant General's Office in November.

When in the first half of the year following that is evaluated for categorization, the department established to have unnerved the conditions to lower category, be graded in stating in that semester, according to the procedure set forth above and taking into account the fiscal capacity.
PARAGRAFO. TRANSIENT. The National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic, sent to the Governors certifications referred to in this article within thirty (30) days following the issuance of this law days, to the effect that governors determine, within fifteen (15) days of its receipt, the category in which it is classified the respective department. This decree categorization should be sent to the Interior Ministry for registration. Effective Jurisprudence

Article 2.
. Categorizing DISTRICTS AND MUNICIPALITIES. Article 6o. Law 136 of 1994, shall be as follows:
"Article 6. Categorization of districts and municipalities districts and municipalities are classified attending its population and current income free destination, as follows:...
Those Special Category districts or municipalities with exceeding five hundred thousand and one (500,001) inhabitants and whose annual current income free destination exceed four hundred thousand (400,000) minimum monthly wages.
First category. All those districts or municipalities with populations ranging between one hundred thousand and one (100,001) and five hundred thousand (500,000) inhabitants and whose annual current income free destination are greater than one hundred thousand (100,000) and up to four hundred thousand (400,000) minimum monthly wages.
Second category. All those districts or municipalities with populations between fifty thousand and one (50,001) and one hundred thousand (100,000) inhabitants and whose current income of annual free destination exceed fifty thousand (50,000) and up to one hundred thousand (100,000) minimum monthly wages.
Third category. All those districts or municipalities with population between thirty thousand and one (30,001) and fifty thousand (50,000) inhabitants and whose current income of annual free destination exceed thirty thousand (30,000) and up to fifty thousand (50,000) minimum monthly wages .
Fourth category. All those districts or municipalities with population between twenty thousand and one (20,001) and thirty thousand (30,000) inhabitants and whose current income of annual free destination exceed twenty-five thousand (25,000) and up to thirty thousand (30,000) statutory minimum wages monthly.
Fifth category. All those districts or municipalities with population between ten thousand and one (10,001) and twenty thousand (20,000) inhabitants and whose current income of annual free destination exceed fifteen thousand (15,000) and up to twenty five thousand (25,000) minimum monthly wages. Sixth
category. All those districts or municipalities with a population exceeding ten thousand (10,000) inhabitants and with current income free not exceeding fifteen thousand (15,000) minimum monthly wages yearly destination.
PARAGRAFO 1o. Districts or municipalities according to their population are classified within a category, but whose current income of annual free destination differ from those set forth in this Article for it, fall in the share of current revenue annual free destination category .
PARAGRAFO 2o. No municipality may increase or decrease more than two categories from one year to the next.
PARAGRAFO 3o. Without prejudice to the appropriate category according to the criteria outlined in this article, when a district or municipality allocated to operating expenses which exceed the limits established by this law will be reclassified in the next lower percentages.
PARAGRAFO 4o. Effective Jurisprudence

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PARAGRAFO 5O. The mayors determined annually by decree issued before thirty-one (31) October, the category in which qualified for the following year, the respective district or municipality is located.
To determine the category, the decree will be based on the certificates issued by the Comptroller General of the Republic on current income free destination actually collected in the previous period and the percentage ratio between operating expenses and current income free destination of the immediately previous period, and certification issued by the National Administrative Department of Statistics, DANE population for the previous year.

The National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic sent to Mayor certification referred to in this Article, no later than thirty-one (31) July each year.
If the respective mayor does not issue certification in the period specified in this paragraph, such certification shall be issued by the Accountant General's Office in November.

PARAGRAFO 6o. The monthly minimum wage as a basis for conversion of income, be that of the same year of the term of current income free destination identified in this article.
PARAGRAFO the 7th. The municipalities of border than seventy thousand (70,000) inhabitants, for its strategic status, population be classified at least in the fourth category, in any case the operating costs of those municipalities may exceed one hundred percent of your current income free destination.
PARAGRAFO the 8th. The neighboring municipalities with the Capital District, with more than three hundred thousand and one (300,001) inhabitants, is classified in the second category.
PARAGRAFO the 9th. The provisions of this Article shall be mandatory from 2004.
In the period between 2000 and 2003, may continue to apply the existing rules on categorization. In this case, when a municipality must assume a certain category, but their current income free destination are insufficient to finance the operating costs listed for the same, mayors may request the Ministry of Finance and Public Credit certification category it fits your financial capacity.
The certified by the Ministry of Finance and Public Credit category will be mandatory adoption.
At these events, salaries and fees to be established based on the categorization should be adjusted for the fiscal year that will govern the new category.
PARAGRAFO. TRANSIENT. "The National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic, sent to the mayors certifications referred to in this article within thirty (30) days following the issuance of this law, in order of days mayors determine, within fifteen (15) days of its receipt, the category in which it is classified the respective district or municipality. This categorization decree shall be sent to the Interior Ministry for registration. " Effective Jurisprudence


CHAPTER II.
SANITATION FINANCIAL INSTITUTIONS TERRITORIAL

ARTICLE 3o. FINANCING OF EXPENDITURE OF TERRITORIAL ENTITIES. The operating costs of local authorities should be financed with current income free destination, so that these are sufficient to meet its current obligations, provision the prestacional and pension liabilities; and finance, at least partially, the autonomous public investment thereof.
PARAGRAFO 1o. For purposes of the provisions of this law means current income free destination the current income excluding income from specific destination, meaning those intended by the law or administrative act for a particular purpose. Effective Jurisprudence


Current revenues are tax and non-tax, in accordance with the provisions of the organic budget law.
In any case, can not fund operating expenses with resources:
a) Effective Jurisprudence

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B) Participation of municipalities in the current revenues of the Nation of forced investment;
C) Income received for third parties which, for legal or conventional mandate, local authorities, are responsible for managing, collecting or run;
D) The balance resources, made up of the balances of appropriation financed specific destination;
E) co-financing resources;
F) Royalties and compensation;
G) public credit operations, with the exceptions established in special laws on the subject;
H) Effective Jurisprudence

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I) The surtax to ACPM;
J) Effective Jurisprudence

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K) Other contributions and transfers with a specific destination or transitory;
L) Financial income product revenue earmarking.

PARAGRAFO 2o. The costs for the financing of educational and health sector personnel to be financed from resources free destination department, district or county, and generate obligations not extinguished in effect, can only continue to be financed with current income free destination.
PARAGRAFO 3o. Operating costs that are not paid during the fiscal year in which they cause, they continue to be considered as operating expenses during the fiscal year in which they are paid.
PARAGRAFO 4o. Contracts for the provision of services for conducting administrative activities will qualify for the purposes of this Act as operating expenses. Effective Jurisprudence

ARTICLE 4.
. MAXIMUM VALUE OF THE EXPENDITURE OF THE DEPARTMENTS. During each fiscal year operating expenses of departments may not exceed, as a proportion of their current income free destination, the following limits: CategoríaLímite


Especial50% Primera55% Segunda60%
|| | Third and cuarta70% Effective Jurisprudence


The 5th ARTICLE. TRANSITION PERIOD TO ADJUST THE OPERATING EXPENSES OF THE DEPARTMENTS. a transition period is established from 2001, for departments whose operating costs exceed the limits set in the previous articles in relation to current income free destination, as follows:
year
2001 200220032004

Special category 65.0% 60.0% 55.0% 50.0% 65.0%
Primera70,0% 60.0% 55.0% 70.0%
Segunda75,0 % 65.0% 60.0%
Third and cuarta85,0% 80.0% 75.0% 70.0% Effective

Jurisprudence ARTICLE 6.
. MAXIMUM VALUE OF THE EXPENDITURE OF DISTRICTS AND MUNICIPALITIES. During each fiscal year operating expenses of the districts and municipalities may not exceed as a proportion of their current income free destination, the following limits: CategoríaLímite


Especial50% Primera65%
Second and tercera70 %
Fourth, fifth and sexta80% Effective Jurisprudence


Article 7. TRANSITION PERIOD TO ADJUST THE EXPENDITURE OF DISTRICTS AND MUNICIPALITIES. a transition period is established from 2001 to the districts or municipalities whose operating costs exceed the limits set in the previous articles in relation to current income free destination, as follows:

2001200220032004 Year

CATEGORY
Especial61% 57% 54% 50%
Primera80% 75% 70% 65%
Second and Tercera85% 80% 75% 70%
Fourth, Fifth and Sexta95% 90% 85% 80 % Effective Jurisprudence

ARTICLE 8.
. MAXIMUM VALUE OF EXPENSE OF THE BOARDS and departmental comptrollers. From 2001, during each fiscal year, in the Assemblies of the departments special category the various costs the remuneration of deputies may not exceed eighty percent (80%) of such remuneration. In the Assemblies of the departments of first and second categories the various costs the remuneration of deputies may not exceed sixty percent (60%) of the total value of such remuneration. In the Assemblies of the departments of third and fourth categories different expenses remuneration of the Members may not exceed twenty-five percent (25%) of the total value of such remuneration.
Departmental Comptrollers may not exceed as a percentage of annual current income free destination of the respective department, the limits listed below:

Comptrollers expenses CategoríaLímite Especial1.2% Primera2.0%


Segunda2.5% Third and Cuarta3.0% Effective Jurisprudence


Article 9. TRANSITION PERIOD SET COSTS DEPARTMENTAL comptrollers. a transition period is established from 2001, for departments whose expenses exceed the limits set Comptrollers in previous articles regarding current income free destination, as follows:
2001200220032004 Year

CATEGORY
Especial2.2% 1.8% 1.5% 1.2% 2.7% First
2.5% 2.2% 2.0% 3.2% Second
3.0% 2.7% 2.5% Third and fourth
3.7% 3.5% 3.2% 3.0%

PARAGRAFO. Decentralized departmental entities must pay a fee to control point two percent (0.2%), calculated on the amount of revenue executed by the respective entity in the previous period, excluding credit resources; revenue from the sale of fixed assets; and assets securitized investments and income, as well as the product of securitization processes.
In any case, during the transition period Comptrollers costs, coupled transfers from the central and decentralized level, can not grow in constant terms relative to the previous year. From 2005 the costs of the comptroller may not grow above the inflation target set by the Bank of the Republic. For these purposes, the Departmental Secretary of the Treasury, or his substitute, shall determine what adjustment should be made proportionately as decentralized entities both central and departmental levels in percentages and auditaje quotas set out in this article. Effective Notes

Editor's Notes

Effective Jurisprudence


MAXIMUM VALUE ARTICLE 10. COSTS OF COUNCILS, Personerías, district and municipal comptrollers. During each fiscal year, the expenses of the councils may not exceed the value for the total fees that are caused by the number of sessions permitted under Article 20 of this Law, plus one point five percent (1.5%) of current income free destination.
Costs personerías, district and municipal comptrollers, where they exist, may not exceed the following limits:

Personerías maximum contributions in the life

Percentage of Income Streams Free Destination
CATEGORY


Especial1.6% Primera1.7% Segunda2.2%


Maximum Contributions in force in

legal monthly Minimum Wage SMML Tercera350


Cuarta280 SMML Quinta190 SMML Sexta150 SMML



Comptrollers Spending limits of
municipal comptrollers.
Percentage of current revenues Destination

Free CATEGORY


Especial2.8% Second
Primera2.5% (more than 100,000) 2.8%
PARAGRAFO. Municipal councils located in any category in which municipality incomes do not exceed the free destination billion pesos ($ 1 billion) annually in the previous period as may allocate additional contributions to the councilmen fees for operation in the next term sixty legal minimum wages. Effective Jurisprudence


ARTICLE 11. TRANSITION PERIOD TO ADJUST THE COST OF THE COUNCILS, THE Personerías, district and municipal comptrollers. a transition period is established from 2001 to the districts and municipalities whose expenses councils, ombudsmen and comptrollers, where any, exceeding the limits set in the previous articles, so that the maximum amount of expenses authorized in minimum wages in Article 10 may be aggregated by fiscal period, the following percentages of current income free destination of each entity:

2001200220032004 Year

COUNCILS
Special, First and Segunda1.8% 1.7% 1.6% 1.5%

Personerías Especial1.9% 1.8% 1.7% 1.6% 2.1%
Primera2.3% 1.9% 1.7% 2.8%
Segunda3.2% 2.5% 2.2%

Comptroller Especial3.7% 3.4% 3.1% 2.8% 3.0%
Primera3.2% 2.8% 2.5% 3.3%
Segunda3.6% 3.0% 2.8%
(over 100,000 inhabitants) | || PARAGRAFO. Decentralized entities or municipal district must pay a fee to the control point four percent (0.4%), calculated on the amount of revenue executed by the respective entity in the previous period, excluding credit resources; revenue from the sale of fixed assets; and assets securitized investments and income, as well as the product of securitization processes.
In any case, during the transition period expenses comptrollers, combined transfers from the central and decentralized level, can not grow in constant terms relative to the previous year. From 2005 the expenses of the comptroller may not grow above the inflation target set by the Bank of the Republic. For these purposes, the district or municipal Secretary of the Treasury, or his substitute, shall determine what adjustment should be made proportionately as decentralized entities both central and departmental levels in percentages and auditaje quotas set out in this article.
Effective Jurisprudence


Article 12. A TERRITORIAL ENTITIES FACILITIES. When local authorities brought forward programs of fiscal and financial restructuring, income earmarking over which do not fall commitments of local authorities apply for such programs being suspended the allocation of resources, established by law, ordinances and agreements, except those specified in the Constitution, Law 60 of 1993 and other rules that modify or add, until you stay sanitized their finances.
In developing programs of fiscal consolidation and financial territorial entities may deliver goods by way of payment in kind, under market conditions. Effective Jurisprudence


Article 13. ADJUSTMENT OF BUDGETS. If during the fiscal year, cash collection of current income free destination is less than the programming that budget revenue department, district or county, cuts, deferrals or deletions to be made by it based the Executive affect proportionally to all sections that make up the annual budget, so that in the effective implementation of the respective term spending limits set out in this law are respected. Effective Jurisprudence


ARTICLE 14. TRANSFER AND LIQUIDATION PROHIBITION inefficient firms. Prohibits the departmental, district or municipal central sector make transfers to enterprises liquor, lotteries, the Services Companies Health and institutions of a financial nature of ownership of territorial entities or majority ownership of them, other than ordinates by law or necessary for the constitution them and make contributions or credits, direct or indirect in any form.
When a Industrial and Commercial State or society of mixed economy company, those that refer to this article will generate losses for three (3) years in a row, it is presumed of right that is not viable and should be liquidated or alienated state participation in it, then only proceed transfers, contributions or credits necessary for settlement. Effective Jurisprudence


CHAPTER III.
CREATION OF MUNICIPALITIES AND STREAMLINING OF MUNICIPAL FISCOS

Article 15. Amend article 8. Law 136 of 1994, which will read:
"the 8th Item Requirements For a portion of the territory of a department can be erected in municipality is required that the following conditions:...
1 That the area of ​​the municipality has proposed identity, served the natural, social, economic and cultural characteristics.
2. it must have at least fourteen thousand (14,000) inhabitants and the municipality or municipalities which are intended to segregate not impaired population below the designated threshold, as certified by National Administrative Department of Statistics, Dane.
. 3 that the proposed municipality ensure, at least, current income free equal annual destination to five thousand (5,000) minimum monthly wages in force for a period not less than four (4) years.
4. Prior to the submission of the draft ordinance by which a municipality is believed departmental planning body, according to the methodology developed by the National Department Planning should develop the respective study on the economic and social desirability of the initiative and the viability of the new entity, considering its economic potential, infrastructure and identification as development area. Based on this study, the departmental planning body shall issue concept on the feasibility of creating or not the municipality, it must rule on the appropriateness of the measure to the municipality or municipalities in which segregate the new.
In any case a municipality wrenching more than a third of the territory of the municipality or municipalities in which it secretes can be created. Prior to the enactment of the ordinance creating the municipality is, the Administrative Court prior automatic exercise control over the legality of it. If the project is not situated adjusted to the law may not be punished.
PARAGRAFO 1o. The respective draft ordinance will be presented at the initiative of the Governor, members of the Departmental Assembly or by popular initiative, in accordance with the law. However, the Governor is obliged to present when through popular consultation so decided by the majority of citizens residing in the respective territory.

When has not preceded the referendum to approve the ordinance creating a new municipality, once it is issued will be subject to a referendum involving citizens of the respective territory. The referendum must take place in a maximum period of six (6) months, from the date of enactment of the ordinance. If the draft ordinance falls refused, it shall be closed and a new initiative in the same direction shall be submitted three (3) years later.
PARAGRAFO 2o. Can be created municipalities without full the population requirement under paragraph second of this article when, in accordance with the certification of the Ministry of Finance and Public Credit, the municipality that is to create guarantees current income higher free destination to eight thousand (8,000) minimum monthly wages.
PARAGRAFO 3o. The Interior Ministry shall keep a record of the municipalities that are created. To this end, the Governor of the respective department, once it stocked the process of creating a municipality, submit a copy of the ordinance and its annexes to the Directorate General Special Administrative Unit for the Institutional Development of Territorial Entities of the Ministry of Interior. "


Jurisprudence Article 16. Effective amend section 9 of Law 136 of 1994, as amended by Article 2 of Law 177 of 1994, which will read:..
" Article 9o. Exception. Without fulfilling the requirements established in the preceding article, the departmental assemblies may create municipalities when, prior to the submission of the ordinance, the President of the Republic considers its establishment for reasons of national defense.
They may also raise the departmental assemblies municipalities without meeting the general requirements the districts created by the National Government before 1991 that are located in the border areas provided they are not part of any municipality, prior approval the President of the Republic.
The councilors of the municipalities thus created will not receive fees for attending meetings. "


Jurisprudence Article 17. Effective hereby added to Article 15 of Law 136 of 1994, which shall read as :
"Article 15. Annexes. The draft ordinance for the creation of a municipality be presented accompanied by an explanatory memorandum included as annexes studies, certifications, the concept issued by the Office of Departmental Planning, the preliminary map of the municipality to be created and other documents certifying compliance with the requirements of the law. "


Court ARTICLE 18. Effective contracts between local authorities. Without prejudice to any existing rules on association of municipalities and districts, they may hire together with the departments, the Nation, or decentralized entities of these categories, the provision of services in charge, the execution of works or performance of administrative functions, so that their attention is most efficient and involve

lower cost ARTICLE 19. fINANCIAL VIABILITY oF tHE mUNICIPALITIES aND dISTRICTS Article 20 of Law 136 of 1994 shall read as follows:..
"Article 20. financial viability of municipalities and districts. Breached the limits set in Articles 6. and 10 of this Act, the municipality or respective district advance, during a fiscal period, a sanitation program aimed at obtaining, at the earliest, authorized percentages. This program should define precise performance targets, being able to contemplate hiring in the preceding article or scheme association of municipalities or districts dealing Articles 148 and following of Law 136 of 1994, inter alia concerns.
If at the end of the sanitation program the municipality or district has failed to comply with the limits laid down in this law, the Office of Planning Department or the body that replaces it, shall submit to the Governor and the Assembly a report on the financial situation of the municipality or district, so that the latter, order the adoption of a new adjustment plan that includes, among other instruments, contracting for the previous article and partnership with other municipalities or districts referred for the provision of services in charge, the execution of works or the performance of their administrative functions.

After the deadline stipulated by the departmental assembly for carrying out the adjustment plan, which may not exceed two consecutive fiscal years, and if the municipality or district has failed to reach the spending limits set out in this law , the departmental assembly, at the initiative of the Governor, determine the merger of the respective municipality or district.
In deciding the merger, the respective ordinance clearly express what district, municipality or municipalities bordering the territory of the merged entity is added, and the distribution of assets, liabilities and contingencies of such municipalities or districts, taking into account, inter alia, the way it is distributed to the population, location and destination of the assets and liabilities of origin.
In the event that the merger of the municipality or district is decreed, the resources of municipal participation in the current revenue of the nation by turning pending, shall be allocated to the district, municipality or municipalities to which the territory is added in proportion to the population absorbs each.
Departmental offices Planning presented for consideration by the respective assembly on the first day of regular sessions, a report that shelters to all districts and municipalities in the department and from which the relevance of adopting the measures be evaluated to this article refers to "


Effective Decisions ARTICLE 20. FEES AND MUNICIPAL CITY COUNCIL DISTRICT Article 66 of Law 136 of 1994 shall read as follows:.
." Article 66. Causation fee. The fee for each meeting attended councilors will be at most equal to one hundred percent (100%) the daily wage corresponding to the respective mayor.
In municipalities special category, first and second can be paid annually up to one hundred fifty (150) ordinary sessions and up to thirty (30) extraordinary year. They may not pay fees for extensions to regular sessions.
In the municipalities of third to sixth categories can be paid annually up to seventy (70) common shares and up to twelve (12) year extraordinary sessions. You may not pay fees for other special sessions or extensions.
Since 2007, in the municipalities of third category may be paid annually up to seventy (70) common shares and up to twelve (12) year extraordinary sessions. In the fourth class municipalities may be paid annually up to sixty (60) common shares and up to twelve (12) year extraordinary sessions. In the municipalities of fifth and sixth categories they can be paid annually up to forty-eight (48) ordinary sessions and up to twelve (12) Extraordinary sessions per year. You may not pay fees for other special sessions or extensions.
When the maximum amount of current income free destination the district or municipality can spend on the council, is lower than the amount in accordance with this article and category of the respective municipality would be required to pay fees for councilors , they must be reduced proportionally to each of the council members until the amount payable for this concept add maximum authorized in Article 10 of this law limit.
PARAGRAFO. The fees are incompatible with any allowance from the public treasury of the respective municipality, except for those originating in pensions or pension substitutions and other exceptions in the Law on the 4th. . "


Court ARTICLE 21. Effective creation and deletion of district and municipal comptrollers Article 156 of Law 136 of 1994 shall read as follows.:
" 1992 Article 156. Creating and deleting of district and municipal comptrollers. Only the municipalities and districts classified in special and first class and second class those with more than one hundred thousand (100,000) inhabitants can create and organize their own comptrollers.
The comptroller of municipalities and districts the preceding paragraph should be deleted when the economic inability of the municipality or district is established to finance the operating costs of fiscal control body, endorsed by the General Accounting Office to.
PARAGRAFO. In municipalities or districts where there is no city comptroller, surveillance of fiscal management correspond to the respective departmental comptroller. In these cases you will not be charged fee or other form of control similar to municipalities or districts taxation.

PARAGRAFO. TRANSIENT. On 31 December 2000 Comptrollers operating in the municipalities or districts of category 2a., Other than those authorized in this Article 3o., 4o., The 5th. and 6o. They shall be canceled.
Expiration of the period specified in this paragraph, may be ordered of charge to finance the operation of the comptroller of these municipalities or districts, except those required for settlement. "


Effective Decisions ARTICLE . 22. wAGE controllers and municipal or district personeros Article 159 of Law 136 of 1994, will read:
"Article 159. the amount of wages assigned to the controllers and the municipalities and districts, in any case exceed one hundred percent (100%) of the salary of the mayor. "


Effective Decisions ARTICLE 23. PAYMENTS tO mEMBERS oF local administrative bodies. the members of local administrative bodies will not be paid or may receive direct or indirect payment or compensation under the public treasury of the respective municipality.


Effective Decisions ARTICLE 24. POWERS oF TREASURY PERSONERO as an observer. In municipalities where there is Comptrollership municipal, the ombudsman shall act as overseer of the public treasury. For that purpose shall have the following powers:

Effective Decisions
1. Ensure compliance with the guiding principles of administrative contracts established by law, such as transparency, economy, responsibility, contractual and objective selection equation.
2. Ensure compliance with the objectives of the Internal Control established by law, such as equality, morality, efficiency, economy, speed, impartiality, publicity and valuation of environmental costs.
3. Make visits, inspections and actions it deems appropriate in all units of local government for the proper performance of their duties in municipal public treasury.
4. continuously assess the implementation of public works to be undertaken in the respective municipality.
5. Require municipal civil servants and any public or private person administering funds or property of the respective municipality reports on its management.
6. Coordinate the democratic formation at the request of interested persons or appoint ex officio citizen oversight committees to ensure 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's Office or the departmental comptroller, when deemed necessary.
8. Take the necessary request of a number of individuals or citizen oversight measures, ex officio or to prevent the misuse of public resources for campaign purposes.
9. Certify and promote the publication of the agreements of the respective municipal council, according to the law.
10. Ensure the holding town meetings regulated by law. They will present reports on the performance of their duties as overseer of the Treasury.
CHAPTER IV. STREAMLINING

departmental FISCOS
Article 25. ASSOCIATION OF DEPARTMENTS. The department may contract with one or more other departments or with the Nation, the provision of services in charge, the execution of works or performance of administrative functions, so that their attention is most efficient and involves less cost. For the same purpose, they may be associated departments for the provision of all or some of the services in charge.

ARTICLE 26. FINANCIAL VIABILITY OF THE DEPARTMENTS. Breached the limits set in articles 4th. and 8th. of this law during a period, the respective department brought forward a program of fiscal consolidation aimed at achieving, as soon as possible, the percentages authorized. This program should define precise performance targets and watch one or more of the alternatives provided in the previous article. When a department is in the situation referred to in this Article the remuneration of the members may not exceed that of the members of a department category four.

Since 2001, the Congress of the Republic, on the initiative of the President of the Republic, shall assess the financial viability of such departments as in the previous fiscal year have registered higher operating expenses authorized herein law. For this purpose, the Ministry of Finance and Public Credit will identify departments which are in the situation described, on the basis of budgetary and financial assessment on an annual basis.
ARTICLE 27. WAGE
departmental comptrollers. The amount of wages allocated to departmental comptrollers in no case exceed one hundred percent (100%) of the salary of the governor.

ARTICLE 28. REMUNERATION OF DEPUTIES. The remuneration of the members of the Departmental Assemblies monthly session correspond to the following table from 2001: Category departamentoRemuneración

deputies Especial30 WBW WBW Primera26


Segunda25 Third World Breastfeeding Week and cuarta18 SMLM

Effective Decisions
ARTICLE 29. MEETINGS OF THE BOARDS. Article 1o. Law 56 of 1993 shall read as follows:
"Article 1. Sessions of the Assemblies Assemblies in session for six (6) months in ordinary form, as follows:..
The first period shall in the first year of meetings, from 2 January following their election to the last of February of the respective year.
the second and third year session will first period as the period between the 1st. March and 30 April. || | the second period will be the first of June to 30 July, and the third period will be from October 1 to November 30
they may also hold sessions for one month per year of extraordinary form, which is remunerated in proportion to.. fixed salary.
PARAGRAFO 1o. the remuneration of the deputies is incompatible with any allocation from the public treasury, except for those originating in pensions or pension substitutions and the exceptions in the 4th Law. PARAGRAPH 2. 1992.
. the Deputies will be covered by the social security scheme provided for in Law 100 of 1993 and its supplementary provisions. In any case they are guaranteed for health insurance and pensions. The National Government will regulate the matter. "

CHAPTER V. RULES FOR TRANSPARENCY OF MANAGEMENT DEPARTMENTAL, MUNICIPAL AND DISTRICT

Article 30. Disabilities GOVERNORS. There may be registered as . candidate, elected or appointed as Governor:
one who has been convicted at any time by court of law, deprivation of liberty, except for political or intentional crimes, or lost the investiture of congressman or from .. the effective date of this law, deputy or councilor, or excluded from the exercise of a profession or is interdicted for the exercise of public functions
2 those with dual nationality, excepting Colombians by birth |. || 3. who within twelve (12) days prior to the date of the election months has worked as a public employee, jurisdiction or political, civil, administrative or military authority in the respective department or public employee who as national order , departmental or municipal, has already honored the computer running expenditure investment resources or concluding contracts, to be performed or fulfilled in the respective department.
4. Who in the pre-election year has intervened in business management before public bodies at the departmental level or at the conclusion of contracts with public entities at any level in own or third party interest, provided that contracts to be executed or fulfilled in the respective department. Also, who within the previous year has been legal representative of entities that administer taxes, fees or contributions, or organizations providing domiciliary social security or health subsidized regime in the respective department public services.
5. Anyone with link through marriage or permanent union or kinship to the second degree of consanguinity, first of affinity or civil, confuncionarios that within twelve (12) preceding the election months have exercised civil authority, political, administrative or military in the respective department; or those in the same period have been legal representatives of entities that administer taxes, fees or contributions, or organizations providing domiciliary social security or health subsidized regime in the respective department public services.

6. Who has held the position of departmental comptroller or chief prosecutor in the respective department for a period of twelve (12) months before the gubernatorial election.
7. Who has held the positions that Article 197 of the Constitution refers to. Effective Jurisprudence


Article 31. CONFLICTS OF GOVERNORS. Governors and their nominated as his replacement may not:
1. Hold particular interest in itself or through another person or on behalf of another, any contract with the respective department, with public or private entities that manage or administer public resources from it.
2. Taking part in the activities of political parties or movements, without prejudice to freely exercise the right to vote.
3. Intervene in any form, outside the exercise of their duties, in the conclusion of contracts with public administration.
4. Intervene in their own or another name, in proceedings or matters outside the exercise of their functions, which has an interest in the department or its decentralized entities.
5. Agent or manager to be entities or administrative or judicial authorities of the respective department or administer taxes, fees or contributions thereof.
6. simultaneously hold any other office or public or private employment.
7. Register as a candidate for any office or corporation of popular election during the period for which he was elected. Effective Jurisprudence


ARTICLE 32. DURATION OF GOVERNORS incompatibilities. The incompatibilities of the governors referred to in paragraphs 1 and 4 shall remain in force until the constitutional period of twelve (12) months after the expiration of the same or acceptance of the resignation. In the case of incompatibility it refers the numeral 7 such term will be twenty-four (24) months * in the respective constituency. Editor's Notes


Who I be appointed as Governor, he is subject to the same regime of incompatibilities from his possession.
PARAGRAFO. For these purposes, the national constituency, coincides with each of the territorial districts. Effective Jurisprudence


Disabilities ARTICLE 33. PARLIAMENTARY. It may not be registered as a candidate nor elected:
1. Who has been convicted by court of law, deprivation of liberty, except for political or intentional crimes; or has lost the investiture of congressman or after the effective date of this law, deputy or councilor; or excluded from the exercise of a profession; or it is in interdiction to exercise public functions.
2. Those with dual nationality, excepting Colombians by birth.
3. Who within twelve (12) days prior to the date of the election months has worked as a public employee, jurisdiction or political, civil, administrative or military authority in the respective department, or who as a public employee of the national, departmental or municipal , has intervened as authorizing expenditure in implementing investment resources or concluding contracts, to be performed or fulfilled in the respective department.
4. Who in the pre-election year has intervened in business management before public bodies at the departmental level or at the conclusion of contracts with public entities at any level in own or third party interest, provided that contracts to be executed or fulfilled in the respective department. Also, who within the previous year has been legal representative of entities that administer taxes, fees or contributions, or organizations providing domiciliary social security or health subsidized regime in the respective department public services.

5. Anyone with link through marriage or permanent union or kinship to the second degree of consanguinity, first of affinity or civil, with officers within twelve (12) preceding the election months have exercised civil authority, political, administrative or military in the respective department; or those in the same period have been legal representatives of entities that administer taxes, fees or contributions, or organizations providing domiciliary social security or health subsidized regime in the respective department public services. Also, who is linked by marriage or permanent union or kinship within the third degree of consanguinity, affinity or civil, and by the same party or political movement for election of officers or public corporations to be enrolls made in the same department at the same time. Effective Jurisprudence


ARTICLE 34 OF CONFLICTS OF DEPUTIES. Members may not:
1. Accept or hold office as an official employee; or linked as a contractor with the respective department.
2. Intervene in business management or be taken to entities of the respective department or to the people who administer taxes from the same, or celebrate with them, personally or through an intermediary, any contract, with the exceptions referred to in the following article.
3. Being a member of boards or boards of decentralized central sector or any level of the respective department or institutions that administer taxes, fees or contributions from the same.
4. Contracts or make arrangements with those who administer, manage or invest public funds from the respective department, or are contractors thereof, or receive donations from it.
5. Be a legal representative, a member of boards or boards of directors, auditor or auditor, employee or contractor companies providing domiciliary social security or public services in the respective department.
PARAGRAFO. The departmental public official to appoint a deputy for public office or hold him to a contract or accept acting as manager on behalf of itself or third parties, in violation of the provisions of this Article, shall be liable for misconduct . Effective Jurisprudence


ARTICLE 35. EXCEPTIONS. The provisions of the preceding articles do not preclude that Members can, directly or by proxy, act in the following matters:
1. Proceedings or in administrative and judicial proceedings in which under the law, themselves, their spouse, their parents or their children are interested.
2. Formulate claims for the collection of taxes, levies, fees and fines levied by the same people.
3. Use the goods and services that government entities of any kind, the providers of public services and social security offered to the public under conditions common to all who request it.
4. Be attorneys or advocates in the processes that are vented to the judicial branch of government. However, the deputies during his term may not be managers or experts in the processes of all kinds aimed at managing fiscal or economic of the respective department interests, public institutions, commercial and industrial enterprises departmental and societies mixed economy in which the same entities have more than fifty percent (50%) of the capital. Effective Jurisprudence


ARTICLE 36. DURATION. The incompatibilities of the deputies will be valid for the constitutional period for which they were elected. In case of resignation will be maintained during the six (6) months following its acceptance, if the period remaining to the expiration of the period is higher.
Whoever is called to fill the position of deputy, shall be subject to the same regime of incompatibilities from his possession. Effective Jurisprudence

ARTICLE 37.
DISABILITIES TO BE MAYOR. Article 95 of Law 136 of 1994, will read:
"Article 95. Disqualifications for mayor may not be registered as a candidate or elected or appointed municipal or district mayor..
One who has been convicted at any time by court sentence to deprivation of liberty, except for political or intentional crimes, or has lost the investiture of congressman or after the effective date of this law, deputy or councilor, or excluded from the exercise a profession or be interdicted for the exercise of public functions

Effective Decisions.

2. Who within twelve (12) days prior to the date of the election months has worked as a public employee, jurisdiction or political, civil, administrative or military authority in the respective municipality, or who as a public employee of the national, departmental or municipal , has already honored the computer spending in the execution of investment resources or concluding contracts, to be performed or fulfilled in the respective municipality.
3. Who in the pre-election year has intervened in business management before public bodies at the municipal level or at the conclusion of contracts with public entities at any level in own or third party interest, provided that contracts to be executed or fulfilled in the respective municipality. Also, who in the pre-election year, it has been the legal representative of entities that administer taxes, fees or contributions, or organizations providing domiciliary or social security health subsidized in the respective municipality regime utilities.
4. He has ties through marriage or permanent union or kinship to the second degree of consanguinity, first of affinity or civil, with officers within twelve (12) preceding the election months have exercised civil authority, political, administrative or military in the respective municipality; or those in the same period have been legal representatives of entities that administer taxes, fees or contributions, or organizations providing domiciliary social security or health subsidized regime in the respective municipality public services.
5. Having served as comptroller or personero the respective municipality over a period of twelve (12) months prior to the date of the election. "


Effective Decisions ARTICLE 38. CONFLICTS OF MAYORS. The mayors as well as to replace them in the exercise of office may not:
1 CELEBRATING particular interest in itself or through another person or on behalf of another, any contract with the respective municipality, with public entities or private. that manage or administer public resources from it.
2. Take part in party activities subject to exercise the right to vote.
. 3 Intervene in any form, outside the exercise of their functions, .. the conclusion of contracts with public administration
4 Intervene in their own or another name, in proceedings or matters outside the exercise of their functions, which has an interest in the municipality, district, or its decentralized entities. | || 5. Being agent or manager to entities or administrative or judicial authorities, or administer taxes.
6. simultaneously hold any other office or public or private employment.
7. Register as a candidate for any elective office during the period for which he was elected.
- State Council Section Five, File No. 2083274 of June 7, 2016, Dr. Alberto Yepes CP Barreiro.
PARAGRAFO. The provisions of this Article shall be without prejudice to the exceptions to the incompatibility of dealing paragraphs a, b, c, and d. Article 46 of Law 136 of 1994. Effective Jurisprudence


ARTICLE 39. DURATION OF CONFLICTS OF MUNICIPAL DISTRICT MAYOR. Article CONDICONALMENTE EXEQUIBLE> The incompatibilities of municipal and district mayors referred to in paragraphs 1 and 4, will be in effect during the constitutional period and up to twelve (12) months after the expiration of the same or acceptance of the resignation. In the case of incompatibility it refers the numeral 7 such term will be twenty-four (24) months * the respective district. Editor's Notes


The same disqualifications and incompatibilities regime will apply to the Capital Bogotá, DC
PARAGRAFO District. For this purpose the national constituency, coincides with each of the territorial districts. Effective Jurisprudence


Article 40. Disabilities of Aldermen. Article 43 of Law 136 of 1994 shall read as follows:
"Article 43. Disabilities: There may be registered as candidate nor elected municipal or district council:
one who has been convicted by a court decision, a custodial sentence. freedom, except for political or intentional crimes, or has lost the investiture of congressman or after the effective date of this law, deputy or councilor, or excluded from the exercise of a profession or is interdicted for the exercise of public functions.

2. Who within twelve (12) days prior to the date of the election months has worked 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, has already honored the computer running expenditure investment resources or concluding contracts, to be performed or fulfilled in the respective municipality or district.
3. Who in the pre-election year has intervened in business management before public entities in the municipal or district level or at the conclusion of contracts with public entities at any level in own or third party interest, provided that contracts to be executed or fulfilled in the respective municipality or district. Also, who within the previous year has been legal representative of entities that administer taxes, fees or contributions, or organizations providing social security domiciliary or subsidized public services in the respective municipality or district system.
4. Anyone with link through marriage or permanent union or kinship to the second degree of consanguinity, first of affinity or civil, with officers within twelve (12) preceding the election months have exercised civil authority, political, administrative or military in the respective municipality or district; or those in the same period have been legal representatives of entities that administer taxes, fees or contributions, or organizations providing social security domiciliary or subsidized public services in the respective municipality or district system. Also, who is linked by marriage or permanent union or kinship within the second degree of consanguinity, first of affinity or civil, and by the same party or political movement for election of officers or public corporations to be made you sign up in the same town or district on the same date "


Effective Decisions ARTICLE 41. oF CONFLICTS oF COUNCILLORS hereby added to Article 45 of Law 136 of 1994, with the following paragraphs:.. | || "5O. Be legal representatives, members of boards or boards of directors, auditors or statutory auditors, employees or contractors to provide home-based businesses or social security utilities in the respective municipality. "


Effective Decisions Article 42. . EXCEPTION tO tHE CONFLICTS Article 46 of Law 136 of 1994 will have a literal c) as follows:
"c) Use of goods and services that government entities of any kind, the providers of public services and .. social security offered to the public under conditions common to all who request "


Effective Decisions ARTICLE 43. DURATION oF CONFLICTS Article 47 of Law 136 of 1994 shall read as follows: || | "Article 47. Duration of incompatibilities. The incompatibilities of municipal and district councilors will be in effect until the completion of the respective constitutional period. In case of resignation will be maintained during the six (6) months following its acceptance, if the period remaining to the expiration of the period is higher.
Whoever is called to fill the position of alderman, be subject to the same regime of incompatibilities from his possession. "


Effective Decisions ARTICLE 44. OF CONFLICTS OF MEMBERS OF THE BOARDS . LOCAL ADMINISTRATORS hereby added to Article 126 of Law 136 of 1994, as follows:
8 "Being legal representatives, members of boards or boards of directors, auditors or statutory auditors, employees or contractors of companies providing public services or. social security in the respective municipality or district. "


Effective Decisions ARTICLE 45. EXCEPTIONS tO tHE CONFLICTS oF MEMBERS oF local administrative bodies. amend and hereby added to Article 128 of Law 136 of 1994, thus:
the literal c) of Article 128 of Law 136 of 1994 will read:
"c) Use of goods and services that government entities of any kind, the providers of public services and social security offered to the public under conditions common to all who request it. "

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