1148 OF 2007

(July 10)

Official Journal No. 46,685 of 10 July 2007

CONGRESS OF THE REPUBLIC

By means of which the Laws 136 of 1994 and 617 of 2000 are modified and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Article 49 of Law 617 of 2000 will remain so:

Article 49. Bans concerning spouses, permanent companions and relatives of governors, deputies, municipal and district mayors; municipal and district councilors. Spouses or permanent partners, and relatives to the fourth degree of consanguinity, second degree of affinity and first civilian of governors, deputies, municipal and district mayors and municipal councilors district, may not be members of boards or boards of central or decentralised sector entities of the relevant department, district or municipality, nor members of boards, legal representatives, tax reviewers, auditors or administrators of the service providers public or social security in the respective department or municipality.

Spouses or permanent companions of governors, deputies, municipal and district mayors and municipal and district councilors, and their relatives within the fourth degree of consanguinity, second of affinity or first civil, no officials of the respective department, district or municipality, or its decentralized entities may be appointed.

Spouses or permanent companions of governors, deputies, municipal and district mayors, and their relatives within the fourth degree of consanguinity, second of affinity or first civil, may not be contractors of the respective the department, district or municipality, or its decentralised entities, either directly or indirectly.

PARAGRAFO 1o. The appointments to be made in application of the existing rules on administrative career are excepted from this article.

PARAGRAFO 2o. The prohibitions for the appointment, choice or designation of public servants and workers provided for in this article will also apply in relation to the linking of persons through service delivery contracts.

PARAGRAFO 3o. Bans relating to spouses, permanent partners , and relatives of municipal council members in the fourth, fifth and sixth category. In the case of municipal councilors of the fourth, fifth and sixth categories, the prohibitions laid down in this article shall apply only to spouses or permanent and relatives up to the second degree of consanguinity, first of affinity or single civil.

ARTICLE 2o. Add a paragraph to Article 23 of Law 136 of 1994:

PARAGRAFO 3o. When the Presidency of the Corporation, by reasoned act, declares that, for reasons of public order, intimidation or threat, it is not possible that some members of the Municipal and District Councils They will be able to participate in the sessions in a non-face-to-face manner.

To this end, the members of the Council may deliberate and decide by simultaneous or successive communication, using for the effect technological advances in telecommunications such as fax, telephone, teleconference, video conference, Internet, virtual conference and all those media that are within the reach of the Councilors.

In the event of permanent commissions, sessions may be brought forward on the same terms as set out in this Article.

The same means may be used for the purpose of hearing from those who wish to render verbal or written statements on facts or issues that need to be discussed, or may provide information or elements of judgment useful for the decisions of the parties. Municipal and District Councils.

The National Government will regulate the matter.

ARTICLE 3o. HIRING OF THE LIFE POLICY FOR COUNCILORS. The mayors of municipalities belonging to fourth, fifth and sixth categories will hire, from the budget section of the municipality's central sector, the health and life insurance policy. for the councilors dealing with article 68 of Law 136 of 1994.

The expenses assumed by the municipal central administration resulting from the hiring of the life and health insurance, of the councilors, are not taken into account as operating expenditure of the municipal central administration for the calculation of the the operating expense limit indicators set by Law 617 of 2000.

PARAGRAFO. The associated contract of collective policies. The mayors of municipalities of the fifth and sixth categories may delegate, in the Colombian Federation of Municipalities, the process of selecting and awarding the insurance broker and/or insurance company legally authorized by the Financial superintendence, for the fulfillment of the tasks and functions assigned to them by the law in relation to the policies of life insurance in favor of the councilors, guaranteeing the principles established in the article 209 of the Political Constitution and the href="ley_0080_1993.html#1"> 80 , 1993, in which case you will act for free.

ARTICLE 4. HOUSING. The households formed by the municipal councilors defined in Law 617 of 2000, will be able to access the Family Housing Allowance in accordance with the current regulations governing the matter, in any of its modalities without requiring to demonstrate prior savings.

PARAGRAFO. 19 of Law 1551 of 2012. The new text is as follows: > The Family Allowance of Housing in this article is a state contribution in money and/or species that is granted for one time to a beneficiary household, without charge of restitution by the latter, for the acquisition of urban and/or rural housing and may be complementary to other municipal or departmental subsidies.

In the framework of the principle of public investment efficiency, municipal housing subsidies will be able to guide self-management housing with community-based and community-based organizations.

ARTICLE 5o. GRANT BEFORE SUBSIDY. The granting entities of the family housing allowance that is covered by this law shall be the National Housing Fund under the resources of the General Budget of the Nation, to serve those households that do not are affiliated with the formal system of work and the Family Compensation Boxes to those households affiliated with the formal system of work in accordance with the provisions of Article 68 of Law 49 of 1990 and articles 63 and 67 of Act 633 of 2000 and Law 789 of 2002.

PARAGRAFO 1o. The National Government will allocate the necessary resources in the General Budget of the Nation, in order to comply with the aims set out in this law.

PARAGRAFO 2o. The National Housing Fund or the entity that does its times will open a special bag to serve the population defined in this law.

ARTICLE 6o. ACCESS CONDITIONS. 20 of Law 1551 of 2012. The new text is as follows: > The Ministry of Housing, City and Territory in coordination with the Ministry of Agriculture, the Agrarian Bank and the National Confederation of Councils and Councilors Confenacol, will regulate the special conditions of access to the family housing allowance for the acquisition of urban and/or rural housing for those households formed by the councilors and edités of the municipalities defined in Law 617 of 2000, in particular with the amount of the subsidy and its application.

ARTICLE 7o. Article 66 of Law 136 of 1994, as amended by Article 20 of Law 617 of 2000, will remain so:

Article 66. Fees Causation. The fees for each session to be attended by 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 municipalities of categories third to sixth, up to seventy (70) ordinary sessions and up to twelve (12) extraordinary sessions per year may be paid annually. Fees may not be paid for other extraordinary sessions or for extensions.

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 4of 1992.

ARTICLE 8o. VALIDITY. This law governs from its enactment and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

DILIAN FRANCSCA TORO TORRES.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

ALFREDO APE NECK BAUTE.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Bogotá, D. C., 10 July 2007.

ALVARO URIBE VELEZ

The Minister of the Interior and Justice,

CARLOS HOLGUIN SARDI.