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AMEND LAW NO. 19.418 ON THE BOARDS OF NEIGHBOURS AND OTHER COMMUNITY ORGANISATIONS

Original Language Title: MODIFICA LEY N° 19.418, SOBRE JUNTAS DE VECINOS Y DEMAS ORGANIZACIONES COMUNITARIAS

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AMEND LAW NO. 19.418 ON THE JOINT ACTION OF NEIGHBOURS AND OTHER COMMUNITY ORGANISATIONS Having regard to the fact that the National Congress has given its approval to the following P r o y c t o d e l e y: " Article 1 °.-Introduces the following amendments to the Law No 19,418, which lays down rules on Community and other Community organizations: 1.-Reposition Article 2 (d) by the following: " (d) Functional Community organization: the Community with legal personality and non-profit-making, which is intended to represent and promote community-specific values and interests within of the territory of the commune or group of communes concerned. "2.-Incorporate, in the second indent of Article 5 °, following the separate point, which shall be followed, the following final sentence:" The statutes shall also not to contain rules that condition the incorporation into the approval or sponsorship of persons or institutions. "3.-Add, following Article 5 °, the following Article 5 (a):" Article 5 ° bis.-For the purposes of this law, the municipalities keep a public register, in which the meetings of neighbours and other organisations are entered The European Council of the European Communities, which is being held in its territory, as well as the communal unions that they will agree to. In this register, the constitution, the statutory amendments and the dissolution of the same shall be recorded. Similarly, the municipalities will keep a public record of the directives of the neighborhood boards, the communal union of neighbors and the other community organizations, as well as the location of their headquarters or places of operation. It shall be the obligation of the municipalities to keep up-to-date and authorised copies of the register referred to in Article 15 annually. The municipality must grant, to those who request it, an authorized copy of the statutes, the inscriptions and other annotations practiced in the public records of organizations and directives provided for in this article, which will be of cost 4.-Substitute in the second paragraph of Article 6, "40" by "38a". 5.-The following final sentence shall be inserted in the third paragraph of Article 7: " The unfounded breach of this obligation by the Registrar Article 11 of the following shall be deemed to be a serious fault. " 6. (a) Replace by a point (.) the comma (,) and the conjunction "and" with which the second paragraph of point (c) ends; and replace the end point of (d) with a comma (,) followed by the conjunction "and". (b) Replace the final indent by the (e) new: "(e) Propose no confidence in any of the members of the Board in accordance with the provisions of Article 24 (d)." 7.-First Article 12. 8.-Include in point (c) of Article 14, as final sentence, the current final indent; and incorporate the following final paragraph, new: " Exclusion shall require the prior hearing of the affected to receive his or her discharge. If, at the date of the extraordinary assembly, the person concerned has not appeared or has not formulated his or her discharge, the assembly may in any case act. " 9.-incorporate the following final sentence into Article 16, replacing the endpoint (.) with a comma (,): "which in any case shall not be less than the minimum ratio laid down in the second indent of Article 6 °." 10.-Article 18 (f), new, passing the current point (f) to be (g), and so on, of the following wording: "(f) The call for elections and the nomination of the electoral commission;" 11.-Article 20 (a), replacing the semicolon (;) with a point followed (.), the following final sentence: "This requirement shall not be required in respect of the directories of youth organisations;" 12.-Replaced in point (d) of the second indent of Article 22, the adverb "above" for "precedent". 13.-Replace point (a) of Article 23 (2), by the following: "(a) Require the President, by at least two of its members, to summon an extraordinary general assembly;" 14.-Including, in the second paragraph of Article 24, the following final sentence, replacing the point (.) with a comma (,): "as well as the rights set out in Article 11." 15.-In the second indent of Article 25, the words "Constitutional Organic" shall be the second indent of Article 26. 17.-incorporate the following Article 26a: " Article 26a.-In order to apply for grants and other tax or municipal contributions, the neighbours and other community organisations must present a project containing the objectives, justification and costs of the activities. In order to formalize the grant of the grant or contribution, the municipality and the beneficiary organization will have to sign an agreement in which the modality and amount to be assigned, the time of execution, the detail of the expenses and the form in which they will account for them. In the event that project financing involves community input, they should be documented prior to the conclusion of the agreement. Any action of an authority which means arbitrary discrimination in respect of the allocations referred to in point (f) of Article 26 shall be liable to the action of a complaint referred to in Article 136 of the Organic Law No 18,695. 18.-Amend article 27 as follows: (a) Replace in the first paragraph the phrase "to have" by the expression "to access". (b) Enter the following modifications to the second indent: (i) Replace the following point (.) with which the first sentence is concluded by a comma (,) and then add the following sentence: "ensuring that its use is open to all existing Community organisations in that territory." (ii) Reposition, following the point followed (.), the word "Likewise" for the words "In any case". 19.-Include in the first paragraph of Article 31, following the separate point (.), which becomes a further point, the following final sentence: "Failure to comply with this obligation shall be a cause of censorship for the entire directory of the organization." 20.-Incorporate, following Article 38, the following Article 38a: " Article 38a.-To constitute a meeting of neighbors, the will shall be required in each neighborhood unit according to the following number of neighbors resident in it: (a) Fifty neighbors in communes or groups of communes of up to ten thousand inhabitants; b) One hundred neighbors in communes or groups of communes of more than ten thousand and up to thirty thousand inhabitants; c) One hundred and fifty neighbors in the communes or groups of communes of more than thirty thousand and up to a hundred thousand inhabitants, and d) Two hundred neighbors in the communes or groupings of communes of more than a hundred thousand inhabitants. Compliance with the requirement set out in the preceding paragraph shall not be required to constitute a meeting of neighbours in localities away from the respective communal headquarters, if they have a population number less than the minimum required for constitute a meeting of neighbours. By means of an alkali decision, the source of the exemption from that requirement shall be established and without prejudice to the provisions of Article 6. Only the existence of a meeting of neighbours may be authorised in those localities. For the purposes of this Article, each municipality shall request the National Statistics Institute, the necessary census records. " 21.-Enter the following amendments to Article 41 (2): (a) Intercalase in point (a) below the word "poverty", the phrase "or the unemployed", and (b) Add the following point (e), new: " e) Servir de nexus with the existing placement offices in the commune, in relation to the 22.-Substitute in Article 42, the words "letter (b)" by "letter (d)" 23.-Add the following third indent to Article 46: " You may not be denied the right to participate in the respective communal union to no legally constituted neighborhood board. Each neighbour's board may belong to a communal union only. "24.-Introduces, following Article 46, the following Article 46a, new:" Article 46a.-To constitute a communal union it shall be necessary to hold an assembly to which representatives of at least thirty per cent of the neighbours ' meetings which exist in the respective commune shall be present. The call to the aforementioned assembly shall be made by the mayor of the commune, at the request of any of the boards of neighbors of that territorial area, within thirty days of the date of the request. Each board of neighbors shall have the right to be represented by its president, its secretary and its treasurer in the constitutive assembly and in the ordinary and extraordinary sessions that the communal union celebrates. The communal union must provide identification cards that accredit the quality of the leader to the members of the board of the neighbors that integrate it and to the members of its own directory. " 25. Article 47 for the following: " In the elections of the directory of the communal union, each representative of the board of neighbors shall have the right to vote for a single candidate. It will be elected who, in the same and the same vote, will obtain the first five majorities, and the draws will be resolved by drawing. In the constitutive session, the elected members will elect the president, vice president, secretary, treasurer and director of the organization. The same act shall be chosen by the audit committee of 26.-The following amendments to Article 50: (a) The term "thirty" for "twenty", and (b) The following second indent, new: " What is established in the Articles 46, 46a, 47 and 48 shall apply to communal unions of functional community organisations. ' 27.-Substitute Article 51 by the following: " Article 51-Corresponding to the president of each communal union his representation judicial and extrajudicial. The rules of Titles III and IV and the provisions of Articles 22, 23 and 24 of this Law shall apply to communal unions. ' Article 2.-The Juntas of Neighbors and other community organizations, as well as the communal unions that have legal existence to the date of publication of this law, who have not fulfilled the requirements of the transitional article of Law No 19,418, they may do so within the following time limits and for the purposes which are stated in each case. In order to adapt its statutes, the organizations mentioned above will have a period of six months, counted from the time of this law. During the same period, the communal unions of the functional community organisations shall establish the representativeness requirement laid down in Article 50. In order to renew their directories, in the form and by the term provided for in the permanent provisions, the meetings of neighbors and other community organizations will have a period of six months, counted from the expiration of the legal deadline to adapt bylaws, as defined above. Failure to comply with the obligations laid down in this Article shall determine the suspension of the rights and allowances granted to those organisations by Article 28. Article 3.-Facultate the President of the Republic to fix the recast, coordinated and systematized text of Law No. 19,418, which establishes rules on the Juntas of Neighbors and other Community Organizations. Transitional Article.-The provisions of the final sentence of Article 21, second indent, shall not apply, for one time, to those who currently hold a managerial position in a Community organisation and who are elected in pursuant to the third paragraph of Article 2 of the transitional Article of Law No 19,418 or by application of Article 2 of this Law. '; And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 22 November 1996.-CARLOS FIGUEROA SERRANO, Vice President of the Republic.-Belisario Velasco Baraona, Minister of the Interior Subrogante. What I transcribe to you for your knowledge.-Salute to Ud., Marcelo Schilling Rodríguez, Deputy Secretary of the Interior Subrogante.