Key Benefits:
ACT 1551
(July 6)
Official Journal No. 48.483 of 6 July 2012
CONGRESS OF THE REPUBLIC
For which rules are dictated to modernize the organization and functioning of municipalities.
COLOMBIA CONGRESS
DECRETA:
DEFINITION, FUNCTIONS, AND PRINCIPLES.
ARTICLE 1o. present law aims to modernize the regulations related to the municipal regime, within the autonomy that the municipalities recognize the Constitution and the law, as a management tool to fulfill their responsibilities. and functions.
ARTICLE 2o. MUNICIPALITIES ' RIGHTS. Municipalities enjoy autonomy for the management of their interests, within the limits of the Constitution and the law.
You will have the following rights:
1. To elect their authorities through democratic and participatory procedures in accordance with the Constitution and the law.
2. Exercise the competencies that correspond to them in accordance with the Constitution and the law.
3. Administer the resources and establish the necessary taxes for the performance of their duties.
4. To participate in national income, in accordance with the special rules that are laid down in this field.
5. Adopt the administrative structure that they can finance and that is determined to be appropriate to meet the competences assigned to them by the Constitution and the law.
ARTICLE 3o. Article 4or Law 136 of 1994 will be as follows:
Article 4or. Guiding Principles of the Exercise of Competition. The municipalities exercise the powers conferred upon them by the Constitution and the law, in accordance with the principles laid down in the organic law of territorial law and the law on the distribution of resources and competences developed by the Article 356 of the Political Constitution, and in particular subject to the following principles:
a) Coordination. The municipal authorities, when exercising their powers and responsibilities, must reconcile their actions with that of other state entities at different levels.
b) Concurrency. Municipalities and other state entities at different levels have common competences on the same subject, which they must exercise in order to achieve the end for which they arose.
The competences of the various organs of the territorial and national authorities are not exclusive but they coexist and are dependent on each other in order to reach the state end.
The entities responsible for the performance of the service or the provision of the service must make agreements or use any of the associative forms provided for in the organic law of territorial order to avoid duplication and more efficient and economical the administrative activity. The municipalities of a special category and the former may assume the competence if they demonstrate the institutional capacity that the corresponding entity defines for the purpose. National entities may transfer regulatory, inspection and surveillance powers to territorial entities.
c) Subsidiarity. The Nation, the territorial entities and the territorial integration schemes will support in a transitional and partial way the entities of lesser economic and social development, in the exercise of their competences when it is demonstrated their impossibility of properly exercise them.
(d) Complementarity. In order to supplement or improve the provision of services to their capacity and the development of local projects, municipalities may make use of partnership, co-financing and/or conventions mechanisms;
e) Efficiency. Municipalities shall ensure that the use of public resources and investments in their territory produce the greatest social, economic and environmental benefits;
f) Responsibility and transparency. The municipalities will assume the powers of their position, providing the necessary resources without compromising the financial sustainability of their territorial entity, guaranteeing their transparent management.
In the development of this principle, the municipal authorities will promote the control of the actions of the Administration, by the citizens, through exercises that involve them in the planning, execution and final surrender of accounts, as a principle of political and administrative responsibility for official affairs, in order to prevent the occurrence of corruption related to the execution of the budget and state procurement, in compliance with the special legislation to be issued in the field.
g) Participation. The municipal authorities shall ensure the public's access to the public through consultation and cooperation so that they take an active part in the decisions affecting their rights and political freedoms, in accordance with the the postulates of participatory democracy, actively linking in these processes to individuals, civil organizations, resident associations of the sector and groups of communal action.
ARTICLE 4o. Addition to article 5or Law 136 of 1994 with the following literals, as follows:
g) Sustainability. The municipality as a territorial entity, in contest with the nation and the department, will seek the appropriate living conditions of its population. To this end, it will adopt actions aimed at improving environmental sustainability and social equity; promoting the equitable access of the inhabitants of their territory to opportunities and development benefits; seeking to reduce imbalances; emphasizing rural areas and promoting the conservation of biodiversity and ecosystem services.
h) Associativity. The municipal authorities, in order to achieve economic and territorial development objectives, will encourage the formation of associations between territorial entities and territorial integration bodies to produce economies of scale, generate synergies and competitive alliances. It will also promote the conclusion of public-private partnerships and plans for rural development;
i) Economics and Good Governance. The municipality will seek to guarantee its economic and fiscal self-sustainability, and will have to promote the professionalization of its administration, for which it will promote associative schemes that favor the reduction of spending and good governance in its conformation and operation.
ARTICLE 5o. Within the framework of the principles of coordination, complementarity, sustainability, economy and good governance, the municipalities will have the support of the Superior School of Public Administration. ESAP-in the identification of needs and in the determination of good administrative practices.
The ESAP will support the national government in the management, promotion, dissemination, development and implementation of public policies of good governance and competitiveness in local and regional authorities.
The municipalities of 5 and 6 category will have the free accompaniment of ESAP in the elaboration of the studies and analyses referred to in article 46 of Law 909, when the municipalities so do require.
ARTICLE 6o. Article 3or Law 136 of 1994 will remain so:
Article 3or. Functions of the municipalities. Corresponds to the municipality:
1. Administer municipal affairs and provide public services to determine the law.
2. Develop the municipal development plans, in accordance with the departmental development plan, the life plans of the territories and indigenous guards, incorporating the visions of the ethnic minorities, the community organizations and the vulnerable population groups present in its territory, taking into account the criteria and instruments defined by the Unit for the Planning of Rural Lands and Agricultural Uses-UPRA-for the efficient use of soil rural development programs with territorial focus, and in harmony with the National Plan According to the organic law of the matter.
Municipal development plans should include strategies and policies aimed at respecting and guaranteeing Human Rights and International Humanitarian Law;
3. To promote the development of its territory and to build the works that demand municipal progress. The above must take into account, among others: the life plans of the indigenous peoples and communities and the communal development plans that the respective community action agencies have.
4. Develop and implement comprehensive citizen security plans, in coordination with local police authorities and promote coexistence among its inhabitants.
5. Promote community participation, the culture of human rights and the social and cultural improvement of its inhabitants. The promotion of culture will be a priority for municipalities and public resources invested in cultural activities will have, for all legal purposes, the character of social public expenditure in accordance with the article 1or, numeral 8 of Act 397 of 1997.
6. Promote public-private partnerships and synergies that contribute to the economic, social and environmental development of the municipality and the region through the use of the integration mechanisms provided for in the law.
7. Seek the solution of the basic unmet needs of the inhabitants of the municipality, in whatever of their competence, with special emphasis on the children, the girls, the adolescents, the women head of the family, the people of the third age, persons in the condition of disability and other subjects of special constitutional protection.
8. In association with the departments and the Nation, contribute to the effective enjoyment of the rights of the population victim of forced displacement, taking into account the principles of coordination, concurrence, complementarity, subsidiarity and norms legal status.
9. Formulate and adopt plans for territorial planning, specifically regulating land use in urban, expansion and rural areas, in accordance with laws and taking into account the instruments defined by the UPRA for the the management and efficient use of rural land. Optimize the uses of available land and coordinate sectoral plans in harmony with national policies and departmental and metropolitan plans. The Territorial Order Plans will be submitted for review before the Municipal or District Council every 12 years.
10. Ensure the proper management of natural resources and the environment, in accordance with the Constitution and the law.
11. Promote the economic and social improvement of the inhabitants of the respective municipality, promoting domestic industry, trade and internal consumption in their territories in accordance with the legislation in force for these matters.
12. Promote and promote tourism, in coordination with National Policy.
13. The border municipalities may conclude agreements with territorial entities bordering on the same level and neighboring countries for the promotion of coexistence and citizen security, economic and community development, the provision of services public and the preservation of the environment.
14. Authorize and approve, in accordance with the availability of public services, Housing development programs by exercising the necessary surveillance functions.
15. Incorporate the use of new technologies, renewable energy, recycling and clean production in municipal development plans.
16. In accordance with the provisions of Article 355 of the Political Constitution, municipalities and districts may conclude solidarity agreements with: the Cabildos, the authorities and organizations indigenous, community action agencies and other civil organizations and associations resident in the territory, for the joint development of programs and activities established by the Law to the municipalities and districts, according to their plans of development.
17. Develop annual plans and programs to strengthen, with the corresponding budgetary impact, of the Cabildos, indigenous authorities and organizations, community action agencies, civil organizations and associations resident in the country. territory. The above must be constructed in a concerted manner with these organizations and taking into account their needs and the guidelines of the respective development plans.
18. Conclude agreements on the use of public goods and/or community usufruct with the local councils, indigenous authorities and organizations, and with community action agencies and other community bodies.
19. To ensure the provision of the drinking water and basic sanitation service to the inhabitants of the jurisdiction in accordance with the current regulations governing the public services.
20. Execute the School Feeding Programs with their own resources and those from the Department and the Nation, who will be able to perform the technical accompaniment, according to their competencies.
21. Publish the accountability reports on the municipality's respective website.
22. The others that point out the Constitution and the law.
23. In the area of roads, the municipalities will be responsible for the construction and maintenance of urban and rural roads in the municipal area. They will continue to be in charge of the Nation, the urban roads that form part of the national highways, and of the Department those that are departmental.
PARAGRAFO 1o. The policies, plans, programs, and projects that are destined for the strengthening of the Cabildos, the indigenous authorities and organizations, and the community action organizations will be formulated in concert with they.
PARAGRAFO 2o. In public green parks and areas delivered in such a way or in any other form of administration to a particular individual, no charge may be established for access to it, except for cases in where public spectacles are held.
PARAGRAFO 3o. SOLIDARITY AGREEMENTS. Understand by solidarity agreements the complementation of institutional, community, economic and social efforts for the construction of works and the satisfaction of the needs and aspirations of the communities.
PARAGRAFO 4o. The territorial entities of the municipal departmental and order are authorized to directly hold solidarity agreements with the communal action boards in order to execute works up to the minimum value. For the execution of these they will have to contract with the inhabitants of the community.
The community action body must be previously legalized and recognized before the competent bodies.
ARTICLE 7o. Article 6or Law 136 of 1994 will be as follows:
Article 6or. Categorization of Districts and Municipalities. The districts and municipalities shall be classified according to their population, current income from free destination, economic importance and geographical location. For the purposes of the law and other rules expressly provided for in law, the categories shall be as follows:
I. FIRST GROUP (LARGE MUNICIPALITIES):
1. SPECIAL CATEGORY
Population: Greater than or equal to five hundred thousand one (500,001) inhabitants.
Annual income streams of free destination: that exceed four hundred thousand (400,000) current monthly minimum legal wages.
Economic Importance: Grade one.
2. FIRST CATEGORY
Population: Understanding between one hundred thousand one (100,001) and five hundred thousand (500,000) inhabitants.
Annual income of free destination: Superiors to one hundred thousand (100,000) and up to four hundred thousand (400,000) monthly minimum legal salaries in force.
Economic Importance: Grade two.
II. SECOND GROUP (INTERMEDIATE MUNICIPALITIES)
3. SECOND CATEGORY
Population: With population between fifty thousand one (50,001) and one hundred thousand (100,000) inhabitants.
Annual Free Destination Income: Superiors to fifty thousand (50,000) and up to one hundred thousand (100,000) current monthly minimum legal wages.
Economic Importance: Grade three.
4. THIRD CATEGORY
Population: With population between thirty thousand one (30,001) and fifty mii (50,000) inhabitants.
Annual Free Destination Income: Superiors to thirty thousand (30,000) and up to fifty thousand (50,000) monthly minimum legal wages.
Economic Importance: Grade four.
5. FOURTH CATEGORY
Population: With population between twenty thousand one (20,001) and thirty mii (30,000) inhabitants.
Annual Free Destination Income: Superiors to twenty-five mii (25,000) and up to thirty thousand (30,000) monthly minimum legal wages.
Economic Importance: Grade five.
III. THIRD GROUP (BASIC MUNICIPALITIES)
6. FIFTH CATEGORY
Population: population between ten thousand one (10,001) and twenty thousand (20,000) inhabitants
Annual Free Destination Income: Superiors to fifteen thousand (15,000) and up to twenty-five thousand (25,000) monthly minimum legal wages.
Economic Importance: Grade six.
7. SIXTH CATEGORY
Population: Population equal to or less than ten thousand (10,000).
Annual Free Destination Income: No higher than fifteen thousand (15,000) monthly minimum legal wages.
Economic Importance: Grade seven.
PARAGRAFO 1o. The municipalities 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 itself, they will be sorted into the immediately above category.
Municipalities 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, will be classified in the category corresponding to their current annual free destination income.
PARAGRAFO 2o. The relative weight represented by the Gross Domestic Product of each of the municipalities within its department is understood by economic importance. The National Administrative Department of Statistics, DANE, shall be responsible for calculating that indicator.
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 The law shall be reclassified in the category immediately below.
No municipality may increase or decrease more than two categories between one year and the next.
PARAGRAFO 4o. 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 and on the indicator of economic importance.
The National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic shall transmit to the mayor the certification of this article, at the latest, thirty-one (31) of July of each year,
If the respective Mayor does not issue the decree in the term mentioned in this paragraph, this categorization will be fixed by the General Accountant of the Nation in November.
The minimum monthly legal salary to be used as a basis for the conversion of income shall be that corresponding to the same year of the currency of the current income of free destination determined in this article.
PARAGRAFO 5o. 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, and in no case will the operation of these municipalities may exceed 80% of their current income from free destination.
PARAGRAFO 6o. The municipalities belonging to each of the groups established in this article, will have different arrangements in their organization, government and administration. The regime corresponding to each category will be developed by the law that for the effect will be issued by the Congress of the Republic within two years from the entry into force of this law. The special committees of territorial law of the Congress of the Republic will have active participation in the process of formation.
PARAGRAFO 7o. The exercise of voluntary duties and functions shall be carried out within the framework and limits set by the law, according to its fiscal and administrative capacities and in the context of the conclusion of contracts. plan.
ARTICLE 8o. DIVERSIFICATION OF COMPETENCIES. There will be mandatory competencies and voluntary competencies.
It is understood by mandatory competencies: those that are assigned to each municipality by the constitution and the law.
It is understood by volunteers: those that the municipalities express interest in taking them and to do so demonstrate their administrative and technical capacity.
PARAGRAFO 1o. The National Government may delegate tasks and functions to each municipality by contract according to its typology and special category.
In any case, the delegation of powers, functions, and powers that the national or departmental government will carry out will always be accompanied by the respective allocation and budgetary adjustment that will guarantee full compliance with the such competence.
PARAGRAFO 2o. In municipalities and districts that are department capital, they will have headquarters and decentralized institutes for services of the national order, according to the criteria of geographical distribution that For this purpose it will establish a Commission that will be integrated by: two senators of the First Commission of the Senate of the Republic, two Representatives of the First Commission of the House of Representatives, two Ministers appointed by the President of the Republic and a delegate of the Administrative Department of the Presidency of the Republic DAPRE, which will be installed by the National Government within two months of the entry into force of this law.
The distribution to be established by the Commission, within six months of its installation, shall take into account the equity between the different geographical sections of the country. The seat of those who are established after the entry into force of this law shall be established on the basis of this criterion.
Once the Commission gives the National Government the distribution that the present paragraph deals with, it will have six months to present the corresponding Bills where the domicile and headquarters of the entities and institutes are established. decentralised by services of the national order defined by a the Commission.
The change of domicile of the decentralized entities and institutes of the national order, in no case will involve the removal of charges.
ARTICLE 9o. Any rule that has interference in municipal life for municipalities with a population of 30,000 or less, will have special treatment at least in the following aspects:
1. Organization: These municipalities will not be required more than the implementation of the minimum structure imposed by the Constitution, so that it will not be possible to impose the creation of dependency or charge, unless the norm provides for the allocation of sufficient resources for its operation.
2. Operation: In the area of land management plans, minimum planning schemes will be sufficient, in particular by providing for land use.
ARTICLE 10. FACTORS FOR DELEGATION AND ASSIGNMENT OF PRIVILEGES AND FUNCTIONS. For the purposes of delegation and assignment of competencies and duties, the following factors shall be taken into account:
1. Natural resources.
2. Unmet Basic Needs Levels.
3. Means of subsistence and economic capacity of its population.
4. Population growth rates and the proportion of urban and rural sectors in their population.
5. Rate of economic development, industrial and commercial development.
6. Geographical and economic situation, extent of the territory and the road and communications infrastructure it possesses.
7. Budget-spending rate per inhabitant-year.
8. Municipal public services.
9. Degree of education of its inhabitants and the technical and operational capacity of the municipal administration.
10. Economic, social and administrative need and possibility to stimulate local and regional development.
11. Support, promotion and strengthening of community action and democratic participation bodies.
Based on these factors, the national government, in coordination with the municipalities, will determine a table of factors that will be the measuring instrument for the assignment of functions and functions; which may be different according to the different regions of the country and shall be reviewed when deemed appropriate.
REQUIREMENTS FOR CREATING MUNICIPALITIES.
ARTICLE 11. Modifies numerals 2, 3, and paragrafs 1o, 2o, and 3o of article 8or Law 136 of 1994, which will remain so:
2. That it count at least twenty-five thousand (25,000) inhabitants and that the municipality or municipalities of which it is intended to segregate will not decrease its population below this limit, according to the certification of the National Administrative Department of Statistics (DANE).
3. That the proposed municipality guarantees at least current annual free destination income equivalent to twelve thousand (12,000) monthly minimum wages in force for a period of not less than four (4) years; prior certification by the Ministry of Finance and Public Credit.
PARAGRAFO 1o. The respective draft ordinance may be presented at the initiative of the Governor, of the members of the Departmental Assembly or on a popular initiative, in accordance with the law. However, the Governor will be obliged to present it when, through popular consultation, the majority of citizens resident in the respective territory so decide, and the ordinance issued by the respective assembly will have to establish the assets and liabilities that are inherent to the new municipality, as well as to the municipality from which it was spun off.
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 of six (6) 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 be filed only two (2) years later.
PARAGRAFO 2o. The DANE 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 is dispensed, will transmit a copy of the ordinance and its annexes to the DANE and the Ministry of the Interior.
PARAGRAFO 3o. As for the minimum number of inhabitants referred to in the second paragraph of this Article, this article shall grow annually according to the population growth rate of the previous year certified by the DANE.
ARTICLE 12. AGGREGATION OR SEGREGATION OF MUNICIPAL TERRITORIES. To add or segregate municipal territories, the following conditions must be fulfilled:
(a) The reasoned request must be dealt with by: the Governor; by the decision taken by simple majority of the Municipal Councils; or by half of the citizens of the region who are attempting to segregate and/or add to the Departmental Assembly.
b) That segregation occurs because of the lack of identity of the inhabitants of the territory, because of the excessive distance between the municipal head and the territory that is intended to segregate that prevents its proper administration, due to the difficulty permanent access to the municipal headland by the inhabitants who inhabit this territory and the correlative proximity to the neighbouring municipal headland, among other circumstances.
c) Concept of the Governor, non-binding.
d) A favorable concept of the Ministry of Finance and Public Credit on the budgetary viability of the municipality that loses part of its territory.
Fulfilled these requirements the corresponding Departmental Assembly will decide whether or not to authorize the Aggregation or segregation of the respective municipal territory.
In case the municipalities correspond to different departments, each Assembly will have to decide on their respective municipality.
ARTICLE 13. Article 10 of Law 136 of 1994, will remain so:
Article 10. Equitable distribution. The distribution of investment resources within the territory of the municipalities and districts must be strictly subject to the criteria of equity, population and unmet basic needs, through the application of strategic planning in the long term that aims to overcome the urban-rural poverty rates and the strengthening of local prosperity, on the basis of the regional and population characteristics of each entity.
MUNICIPAL COUNCILS.
ARTICLE 14. The Municipal Councils will act in the sessions, in accordance with the banking system provided for in Law 974 of 2005, and in the rules that complement it and develop.
ARTICLE 15. Add a final paragraph to paragraph 3 of Article 24 of Law 136 of 1994, as follows:
Article 24. Invalidity of meetings. Each Council shall issue an administrative act specifying the requirements to be met for the use of these means. The person will serve as a seer and verify the proportional, justified and appropriate use of the technological means. The administrative acts that authorize the concurrency of any councilman to the sessions in non-face-to-face manner, must be communicated to the person within two (2) days following their expedition.
ARTICLE 16. Article 26 of Law 136 of 1994 will remain so:
Article 26. Acts. Of the sessions of the Councils and their standing committees, The Secretary of the Corporation will raise minutes that will contain a brief relationship of the topics discussed, of the people who have intervened, of the messages read, proposals submitted, the committees appointed, the result of the vote and the decisions taken.
The Session, the President will submit to discussion and approval, after reading if the members of the Corporation consider it necessary, the Minutes of the previous session. However the Act must be brought before the members of the Corporation, either by publication in the Gazette of the Council or by means of their availability in a municipality for these purposes.
PARAGRAFO. Each municipal council shall have the necessary mechanisms to ensure that all session minutes are properly published in electronic and/or physical means accessible to the entire population.
ARTICLE 17. Article 27 of Law 136 of 1994 will remain so:
Article 27. Advertising of Council Acts. The councils must publish their actions through the medium they deem appropriate, provided that they guarantee the effectiveness of their dissemination to the community.
ARTICLE 18. Article 32 of Law 136 of 1994 will remain so:
32. attributions. In addition to the functions outlined in the Constitution and the law, the following are assigned to the councils.
1. Have the reference to the police in their different branches, without contravening the laws and ordinances, nor the decrees of the National Government or the respective Governor.
2. To require written reports or to quote the secretaries of the Mayor, Directors of administrative departments or decentralized entities of the municipal order, the comptroller and the person, as well as any municipal official, except the mayor, to make oral statements on matters related to the municipality's march.
The municipal councils will also be able to invite the different officials of the Departmental Order, as well as the legal representatives of the decentralized organizations and the public establishments of the national order, with headquarters in the city. respective department or municipality, in relation to topics of local interest.
3. Regulate the authorization of the mayor to hire, pointing out the cases in which he requires prior authorization from the Council.
4. Authorize the mayor to delegate to his deputies or local administrative boards some administrative functions other than those provided by this law.
5. To determine the nomenclature of public roads and premises or homes.
6. Establish, reform or eliminate taxes, taxes and surcharges in accordance with the law.
7. Ensure the preservation and defense of cultural heritage.
8. Organise the comptroller and the staff and lay down the rules necessary for its operation.
9. To issue the budget rules and to issue annually the revenue and expenditure budget, which shall correspond to the municipal or district development plan, having special attention to the development plans of the community action agencies. defined in the participatory budget and in accordance with the organic rules of planning.
10. To set up an area for the training of staff serving in the municipal administration.
11. To ensure the strengthening of participatory democracy and community action bodies.
12. To give special control to the Legal Representatives of the public service companies, whether public or private, to raise concerns about the provision of public services in the respective municipality or District.
The company of public services whose legal representative does not address the requests or citations of the special control emanating from the Municipal or District Councils, will be the subject of investigation by the Superintendence of Home Public Services. It shall advance ex officio or at the request of the respective corporation, an administrative investigation and impose the penalties provided by the law. This is without prejudice to other legal or constitutional actions.
PARAGRAFO 1o. The Municipal Councils by agreement on the initiative of the mayor will establish the form and the means as the municipalities can grant the benefits, established in the final paragraph of the article 13, 46 , and 368 of the National Constitution.
PARAGRAFO 2o. Those functions of the municipality for which it has not been pointed out if the competition corresponds to the mayors or the councils, shall be understood to be assigned to these corporations, provided they do not contrarian the Constitution and the law.
PARAGRAFO 3o. Through the powers granted in the number seven, the municipalities are not authorized to tax the income that the export sector does to the outside.
PARAGRAFO 4o. Pursuant to article 313 of the Political Constitution, the Municipal or District Council must decide on the authorization to the Mayor to hire in the following cases:
1. Procurement of borrowings.
2. Contracts that commit future vigencies.
3. Disposal and purchase of real estate.
4. Disposal of assets, shares and shares.
5. Concessions.
6. Others who determine the law.
ARTICLE 19. Modify the paragraph of Article 4or Act 1148 of 2007 as follows:
PARAGRAFO. The Family Housing Allowance that this article treats 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 recipient, 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 20. Modify article 6or Act 1148 of 2007 as follows:
Article 6or. Access Conditions. 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 for the acquisition of urban and/or rural housing of those households formed by the councilors and edités of the municipalities defined in Law 617 of 2000, especially with regard to its modalities, the amount of the subsidy and its application.
ARTICLE 21. Amend article 74 of Law 136 of 1994 as follows:
74. Development Plan Procedures. The processing and approval of the municipal development plan shall be subject to the provisions of the organic planning law.
In any case, while the council approves the development plan, the respective mayor will be able to continue with the execution of plans and programs of the previous development plan.
COUNCILLORS.
ARTICLE 22. Replace paragraph 2o of article 28 of Law 136 of 1994, as follows:
The party or parties that declare themselves in opposition to the mayor will have a stake in the first vice president of the Council.
ARTICLE 23. The Councilors will have the right to social security, pension, health and ARP, without this implying an employment relationship with the territory. For this purpose, the councillors shall be listed for the respective pension.
Members of municipalities from 4a to 6a category who do not demonstrate another source of additional income, will receive a pension contribution of 75% from the Pensional Solidarity Fund.
If the Temporary License is granted, the President of the Corporation will not allow the Council to enter the Council or to replace unelected candidates, except in the case of women making use of maternity leave.
PARAGRAFO 1o. MATERNITY LEAVE. The Councilwomen shall be entitled to receive fees for the sessions held during their maternity leave, on the understanding that their inattendance is justifiable.
PARAGRAFO 2o. The women elected Conceejas belonging to the Families in Action Program will not be prevented from continuing as beneficiaries in that Program.
ARTICLE 25. Article 5or Act 1368, 2009, will be as follows:
Article 5or. Training and training. The Higher School of Public Administration will create free, face-to-face and/or virtual programs and priority access to training and professional training for mayors, councilors, and members of the administrative boards. local.
PARAGRAFO. The academic training and training provided by this article will be extended to municipal and district personnel, as well as to those in these institutions, who perform a judicial or work practice. or professional as a requirement for access to a professional title or provide the service of an ad honorem legal aid under the terms of Law 1322 of 2009.
The ESAP will have 1 year from the entry into force of this law to implement the provisions of this article.
ARTICLE 26. Article 6or Act 1368, 2009, will be as follows:
Article 6or. The Ministry of National Education will encourage the development of programs in the different institutions of higher education, aimed at training and training the country's councilors, in areas and areas in accordance with the functions that they exercise, according to the Constitution and the law. These programs will be extended to the Mayors, members of the Local Administrative Boards and the Community Action Bodies.
ARTICLE 27. Article 7or Act 1368, 2009, will be as follows:
7or. The institutions of higher education will be able to create, within the framework of their university autonomy, programs aimed at the training and training of mayors, municipal or district councilors, judges and practitioners. These are related to the public administration in matters in accordance with the functions that they exercise, according to the Constitution and the law, providing access and permanence facilities for them. These programs will be extended to members of local administrative boards and community action agencies.
ARTICLE 28. CONCURRENCY FUND. Create the Concurrency Fund, as a special account, without legal status, of the Superior School of Public Administration, who will administer it as a separate system of accounts of the public resources that integrated and determined in this law.
PARAGRAFO 1o. OBJECT. The exclusive object of the resources that make up the Concurrency Fund is to serve as an instrument for the access of the mayors, councilors, members of the local administrative boards, and community action agencies to the programs of training, at the levels of basic education, an average of higher education on public administration issues, and for the training programmes that is dealt with in Article 50 of Law 1368 of 2009.
The above in order to systematically and continuously qualify the educational level.
PARAGRAFO 2o. RESOURCES. The resources that will integrate the Concurrency Fund created in this law are:
1. The item to be provided for the effect by the territorial entities.
2. Contributions from the national public budget.
3. Donations from the national private sector as social responsibility.
4. The resources that come from international cooperation.
5. The financial returns arising from the handling of the previous items.
6. Other items received for the development of their duties.
MAYORS.
ARTICLE 29. Modify Article 91 of Law 136 of 1994, which will remain so:
Article 91. Functions. The mayors will perform the functions assigned to them by the Constitution, the law, the ordinances, the agreements, and those delegated to them by the President of the Republic or Governor concerned.
In addition to the above functions, the mayors will have the following:
a) In relation to the Council:
1. Present the draft agreements that you deem appropriate for the good march of the municipality.
2. To present the draft agreement on plans and programs for economic and social development with the inclusion of the Human Rights and International Humanitarian Law and Public Works component, which should be coordinated with the departmental and national plans.
3. Submit the draft agreement on the annual revenue and expenditure budget within the legal term.
4. Collaborate with the Council for the good performance of its functions; present to them general reports on its administration in the first regular session of each year, and convene extraordinary sessions in which it will only deal with the issues and subjects for which he was quoted.
5. Sanction and promulgate agreements that have been approved by the Council and object to those which it considers to be inconvenient or contrary to the legal order.
6. Regulate municipal agreements.
7. To send to the governor, within five (5) days after his sanction or issue the Council agreements, the decrees of general character that he issues, the acts by which he recognizes and decrees fees to the councilors and the others particular character that the governor asks for.
8. Accept resignation or license to councillors when council is on recess;
b) In relation to public order:
1. To maintain public order in the municipality, in accordance with the law and the instructions of the President of the Republic and the respective governor. The National Police shall promptly and diligently comply with the orders given to it by the mayor through the respective commander.
2. To dictate for the maintenance of public order or its reinstatement in accordance with the law, if applicable, such measures as:
a) Restricting and monitoring the movement of people by public roads and places;
b) Decline the curfew;
c) Restrict or prohibit the expendium and consumption of intoxicating beverages;
d) Require the assistance of armed force in the cases permitted by the Constitution and the law;
e) Dictate within the area of your competence, the local police regulations necessary for compliance with the higher standards, pursuant to Article 9or Decree 1355 of 1970 and other provisions that modify or add it.
3. Promote citizen security and coexistence through the harmonious relationship with the police authorities and the public force to preserve public order and the fight against crime and crime.
4. Serve as agents of the President in maintaining public order and acting as police chiefs to maintain security and citizen coexistence.
The Director of the National Police will have to request the mayors, an annual report of the performance of the municipality's police commander, at the end of each tax term, which must be published on the Police website. National.
5. Design, implement, lead, develop and promote comprehensive security and coexistence plans to ensure effective instruments against urban and rural crime.
[El Comercio] The mayors will be able to present to the Municipal Council the draft agreement in which the conduct and the sanctions will be defined: pedagogical, fines, or those that are defined in the Police Code. Through them, you can control the alterations to order and coexistence that affect your jurisdiction.
PARAGRAFO 1o. The violation of the measures provided for in literals (a), (b) and (c) of the numeral 2 shall be sanctioned by the mayors with fines of up to two minimum monthly legal salaries.
PARAGRAFO 2o. To comply with the provisions of Law 52 of 1990, the mayors will be obliged to report to the Public Order and Citizen Coexistence office of the Ministry of Interior or to do their facts or circumstances that threaten to alter or subvert public order or peace in the community, with the specificity of the measures that have been taken to maintain or restore it;
c) In relation to the Nation, the department and the jurisdictional authorities:
1. Grant permits, accept resignations and post-office national employees who perform their duties in the municipality, where there is no provision to determine the authority to do so, in cases of force majeure or fortuitous cases or when they receive such delegation.
2. Coordinate and supervise the services, which they provide in the municipality, national or departmental entities and inform the superiors of the services, their march and the fulfillment of the duties by the respective officials in agreement with municipal development plans and programs.
3. Periodically visit the administrative offices and public works that are carried out in the territory of the jurisdiction.
4. Exercise the functions delegated to you by the Governor.
5. Collaborate with the jurisdictional authorities when they require their support and intervention;
d) In relation to Municipal Administration:
1. To direct the administrative action of the municipality; to ensure the performance of the functions and the provision of the services to his office; to represent it judicially and extrajudicially.
2. To appoint and remove the officials under their dependency and to the managers and directors of the public establishments and commercial industrial enterprises of a local nature, in accordance with the relevant provisions,
3. Delete or merge municipal entities or dependencies, in accordance with the respective agreements.
The agreements that the Council on this particular issue will empower the mayor to exercise the authority to comply with the principles of equality, morality, efficiency, economy, speed, impartiality and publicity defined by the Council. Article 209 of the Political Constitution.
4. Create, delete or merge the jobs of their dependencies, point out special functions to them and fix their emoluments according to the corresponding agreements. You will not be able to create obligations that exceed the overall amount set for staff expenses in the initially approved budget.
Agreements that are issued on this particular issue may empower the mayor to do so without exceeding the fixed budget amount, to exercise such a pro tempore function, in the terms of Article 209 of the Political Constitution.
5. To order expenses and to conclude municipal contracts and agreements in accordance with the economic, social and budget development plan, observing the applicable legal rules.
6. Exercise coactive jurisdiction to make the collection of the obligations in favor of the municipality effective. This function may be delegated to municipal treasuries and shall be exercised in accordance with the provisions of the Contentious-Administrative and Civil Procedure Legislation.
7. Ensure compliance with the functions of the municipal officers and dictate the acts necessary for their administration.
8. Support with human and material resources the proper functioning of Local Administrative Boards.
9.
10. Exercise disciplinary power over official employees under their dependency.
11. To indicate the day or days when the public market is to take place.
12. Grant licenses and accept resignations from officials and members of the boards, councils and other bodies whose appointments correspond to the Council, when the Council is not meeting, and to appoint who is to replace them, except in cases where this law provides otherwise.
13. Coordinate the activities and services of public establishments, industrial and commercial enterprises, mixed economy societies, rotary funds and special administrative units of the municipality.
14. Distribute the businesses, according to their nature, between the secretariats, administrative departments and public establishments.
15. Authorize commissions to municipal public employees of administrative career to accept, on a temporary basis, charges from the Nation, the Departments or municipalities.
16. Plants of Benefit of Animals Destined for Human Consumption: The Municipal Administration in order to adequately supply meat to the population must efficiently use the public resources for the operation and delivery of the service offered by the Animal Benefit Plants for Human Consumption, ensuring its viability from the health, environmental, economic and social point of view in the terms established by the health authorities.
Municipal Administrations will be able to encourage and encourage public and private investment, the association of users and/or any other modality that allows for compliance with this article.
17. Public Market Places: Municipal administrations should encourage and encourage public and private investment, the association of users and/or any other modality that allows the proper functioning and delivery of the service food supply to the population offering the Public Market Plazas. The above for the optimal development from the health, environmental, economic and social point of view.
18. To ask the judge to declare on the validity or review of the economic conditions of the concession contracts which the municipality has concluded, when in his judgment the object is to be seen on matters which cannot be carried out by private individuals, or in the case of the provision of public or other public services, motivated by a contractual equation which is unbalanced against the municipality or because it is seriously affecting the principle of fiscal sustainability enshrined in the Constitution.
19. To implement actions aimed at the protection of individuals, children and the homeless and their integration into the family and social, productive and community life; as well as to design, direct and implement strategies and policies of respect and guarantee of the Human Rights and International Humanitarian Law, ensuring their inclusion in the annual development and budget plans.
PARAGRAFO. The mayor who in the exercise of the function conferred in the number 5 of this literal exceeds the budget of the effective or established debt, incurs a serious fault.
e) Regarding Citizenship:
1. Report on the development of their management to the citizenry as follows: In the municipalities of 3rd, 4th, 5th and 6th category, through the local media and the local media. In the municipalities of the category 1st, 2nd and special, through the press offices of the Mayor's Office.
2. To convene at least twice a year to edit, to social organizations and citizens ' citizens, to present the management reports and the most important projects that will be developed by the administration.
3. To disseminate in a broad and sufficient way the development plan of the municipality to the guilds, to the social and community organizations and to the citizenry in general.
4. Facilitate citizen participation in the elaboration of the municipal development plan.
PARAGRAFO. The mayor who in the exercise of the function conferred in the numeral 5 of this article exceeds the budget of the effective or established debt capacity, incurs the cause of misconduct.
f) In relation to the Integral Prosperity of your region:
1. To promote mechanisms that allow the municipality, in the exercise of its autonomy, to promote local development through integration and association figures that harmonize their development plans with the other territorial entities, generating economies of Scale to promote competitiveness.
2. To promote economic growth, fiscal sustainability, social equity and environmental sustainability, to ensure adequate living conditions for the population.
3. In order to improve local management, promote the harmonious concurrency of the nation, territorial entities, environmental authorities and administrative and planning authorities and authorities in the implementation of the constitutional and legal obligations in territorial matters. In particular, contribute to the framework of their competences, with the aim of ensuring the deployment of infrastructure to achieve national development and competitiveness in accordance with the provisions of the National Development Plan.
4. Generate, support and finance participatory planning processes that lead to medium and long-term community and community strategic development plans.
5. To create the Municipal Council for Rural Development, which will serve as a higher body of consultation between the local authorities, rural communities, community action organizations and public entities in the field of rural development, whose The main function will be to coordinate and rationalise the actions and use of resources for rural development and to prioritise projects which are the subject of co-financing.
6. To issue certification to accredit residence to those persons residing in the territory of the area of influence of oil exploration and exploitation projects in general, and who aspire to access labor as a labor force. qualified. The mayors shall issue such certificates on the basis of the electoral or Sisben records, as well as in the records of members of the Community Action Boards.
In the event that no unskilled labor is found in the area of influence, labor may be hired from the neighboring municipal territories.
Communal Action Boards, through their affiliates, may constitute oversight to verify that the unskilled labor belongs to the area of influence.
g) To incorporate within the municipal budget, by decree, the resources that the municipal treasury has received as co-financing of projects coming from national or departmental entities, or international cooperation and to advance their respective implementation. The resources provided for in this case, as well as those for citizen security arising from the territorial security funds, will be contracted and implemented in the terms provided for by the budgetary regime.
Once the executive incorporates these resources, you must inform the City Council within ten (10) days of the following.
ARTICLE 30. Article 92 of Law 136 of 1994 will remain so:
Article 92. Delegation of functions. The Mayor may delegate to the secretaries of the mayor's office and to the heads of the administrative departments the different functions of his office, except those in respect of which there is an express legal prohibition.
Acts issued by the delegating authorities shall be subject to the same requirements as are established for their issuance by the delegating authority or entity and shall be susceptible to the actions brought against them.
As far as the delegation is concerned to conclude and execute contracts, it will be governed according to the provisions of Law 489 of 1998 and Law 80 of 1993.
ARTICLE 31. Article 100 of Law 136 of 1994 will remain so:
100. Resignations, Permissions, and Licenses. The resignation of the mayor, the license or the permit to be temporarily separated from the post, will be accepted or granted by the respective Governor or the President of the Republic in the case of the Capital District of Bogota. They shall be certified by the respective Health Promoter Entity to which the local representative is affiliated.
ARTICLE 32. Article 101 of Law 136 of 1994 will remain so:
Article 101. Permanent Physical Incapacity. If the mayor's permanent incapacity is declared through the procedure laid down in Article 41 of the Law 100 of 1993 and is permanently prevented from continuing As such, the President of the Republic in the case of the Capital District of Bogota, and the governors in other cases, will declare the vacancy for absolute lack and will proceed to appoint their replacement according to the legal norms.
ARTICLE 33. Article 104 of Law 136 of 1994 will remain so:
104. Dismissal Causal. Once the criminal sentence against the mayor is signed, even if any benefit has been decreed in his favor, the judge will communicate it to the President of the Republic in the case of District Mayors, and to the Governors in the other cases, in order to order the removal and proceed in accordance with the provisions of the absolute lack of the Mayor.
ARTICLE 34. Modify the numeral 1 of article 105 of Law 136 of 1994, as follows:
1. For having been given a duly executed sentence with deprivation of liberty, even though the conditional suspension of the execution of the sentence is in your favor.
MUNICIPAL PERSON.
ARTICLE 35. Article 170 of Law 136 of 1994 will remain so:
170. Choice. The municipal or district councils as appropriate, will elect people for institutional periods of four (4) years, within ten (10) days of the month of January of the year in which it begins its constitutional period, prior to public merit contest to be held by the Attorney General's Office, in accordance with the law in force. The personeros thus elected, will begin their term on the first of March following their election and will conclude it on the last day of the month of February of the fourth year.
To be elected a municipal person is required: In the municipalities of special categories, first and second titles of attorney and post-graduate. In the municipalities of third, fourth and fifth categories, title of lawyer. In the other categories, they may participate in the competition graduates of the law, however, in the qualification of the contest the title of lawyer will be given.
In order to qualify as a lawyer, graduates of the law faculties will be able to provide the service of legal practice (judiciary) in municipal or district offices, upon appointment to be made by the respective dean.
Also, in order to qualify for the professional title of careers related to Public Administration, it will be possible to perform in municipal or district professional or professional practices prior to the designation of their respective dean.
ARTICLE 36. In the third, fourth, fifth, and sixth category municipalities, each municipal person at the beginning of his term and for one time, shall be entitled to a subsidy of six monthly minimum wages. legal, granted by the Nation, to guarantee the mobilization of the person.
ARTICLE 37. The expenses of the municipalities of third (3a), fourth (4a), fifth (5a), and sixth (6a) categories of municipalities will always be fixed by the maximum contribution that the monthly minimum legal minimum wage sets the law for each life.
ARTICLE 38. Replace the numeral 15 of article 178 of Law 136 of 1994 and add a few numerals, as follows:
15. Disseminate, coordinate and support the design, implementation and evaluation of public policies related to the protection of human rights in its municipality; promote and support in the respective jurisdiction the programs advanced by the National or Departmental Government for the Protection of Human Rights, and to guide and instruct the inhabitants of the municipality in the exercise of their rights before the competent public or private authorities.
24. Ensure the effective enjoyment of the rights of the population affected by forced displacement, taking into account the principles of coordination, concurrence, complementarity and subsidiarity, as well as the legal rules in force.
25. Assist in the defense and protection of natural resources and the environment, as well as exercise the corresponding constitutional and legal actions in order to guarantee their effective care.
26. Delegate to the judges assigned to his office, topics related to: human rights and victims of the conflict according to law 1448 of 2011 and his intervention in special processes of consolidation of titles to bring the so-called false tradition and titration of the material possession of property.
COMMUNITY PARTICIPATION.
ARTICLE 39. LINKING TO MUNICIPAL DEVELOPMENT. The Municipalities may conclude agreements with the community action bodies, civil organizations and associations for the performance or execution of certain functions, in accordance with the provisions of the paragraph 3 of Article 6or this law.
PARAGRAFO. The conventions to be held under this article will be subject to the formalities or requirements provided for in the law.
FIXES AND CORREGIMIENTOS.
ARTICLE 40. Addition to article 117 of Law 136 of 1994, with two paragrafos as follows:
PARAGRAFO 2o. The respective mayor may delegate by administrative act, in the corregimientos, express functions in matters of provision of public services, administration of real estate and collection of tax revenues that are owned by the municipal administration.
PARAGRAFO 3o. The Municipal or District Council may constitute, to support social investment in the Corregiments, Commune and localities, a participatory budget that allows citizens to deliberate and decide in the distribution of a percentage of the municipal budget, through the JAL, assigned to their respective communes, corregimientos and localities, observing the national and municipal norms and provisions that govern the exercise of planning, budget and procurement, in accordance with the Municipal Development Plan.
In any case, the local planning processes will be input for the formulation of the municipal development plan, and the investment proposals presented by the respective Community Councils and Corregiments of Planning to ensure that within the framework of the agreements, within the framework of the conventions, they are guaranteed to complement them.
For the implementation and implementation of the participatory budget, the municipal administration will guarantee the necessary resources for the operation and implementation of the planning and participatory budget program in each of the Commune and Municipality and district corregimientos within the multi-annual investment plan. A component called Participatory Budget will be created within the Municipal Budget, which will be part of the Organic Statute of the Municipality or District Budget.
ARTICLE 41. Article 118 of Law 136 of 1994 will remain so:
Article 118. Administration of Corregiments. For the proper and immediate development of the corregimientos, these will have correctors as administrative ad honorem authorities, who will coordinate, with the participation of the community, in the area of their jurisdiction functions assigned to them by the agreements and delegated to them by the mayors, subject to the laws in force.
Correctors as co-living authorities will comply with the functions assigned to them by the rules in force in this field.
In the corregimientos where the corrector is designated, there will be no departmental or municipal police inspectors, as these correctors will perform such functions.
The mayors will appoint the third-party corcorrectors presented by the respective Local Administrative Board, with whom they will coordinate their community development tasks.
ARTICLE 42. Article 119 of Law 136 of 1994 will remain so:
Article 119. Local Administrative Boards. In each of the communes or corregimientos there will be a Local Administrative Board, consisting of no less than three (3) and no more than nine (9) members, elected by popular vote for periods of four (4) years to coincide with the Period of the Mayor and Municipal Councils.
Members of the Local Administrative Boards will perform their ad honorem functions.
PARAGRAFO 1o. In those municipalities whose population is greater than one hundred thousand (100,000), the Mayors will guarantee the social security in health and professional risks of the ediles, with a base income of one (1) the current minimum legal monthly salary and without this implies working relationship with the territorial entity, through the subscription of a Policy of Insurance with a company officially recognized in accordance with the regulation that for this purpose Issue the Municipal Council. In pensional matters, the members of the Local Administrative Boards will enjoy the benefits established by article 26 of Law 100 of 1993. You must also subscribe to a Life Policy in the terms of Article 68 of Law 136 of 1994.
For this purpose, mayors will strictly observe the guidelines set out in Article 7or Act 819 of 2003, determining the tax costs of the initiative and the source of additional income. generated for financing such cost.
Local Administrative Boards will have up to 80 ordinary sessions and 20 extraordinary sessions in the year; Unjustified absence in each monthly session to at least one third of them will exclude the Board member Local administrator of the benefits referred to in this Article.
When absolute faults are met by the members of the Local Administrative Boards, those who fill the vacancies shall be entitled to the Benefits referred to in this Article, from the time of their possession and until the end of the period respective.
PARAGRAFO 2o. In the Municipal Government Councils, the representative of the Local Administrative Boards, chosen by them among their presidents, must be summoned, who will have the right to speak.
PARAGRAFO TRANSIENT. During the ten (10) years following the issuance of this law, the Municipal Councils may not increase by agreement the number of members of the Boards Existing Local Administrators.
