Bill 433.

Summary.

The bill adds four numbered provisions to Article 4 of Law 83 of 2012, which addresses public entities’ powers to provide services electronically. Public institutions would establish mechanisms through which users can evaluate the attention and service they receive by electronic means. Those evaluations would be delivered to the hierarchical superior of the officials who administer and operate public assistance and service delivery, and would be considered when assessing those officials. The bill also calls for identifying, reducing or eliminating administrative procedures that are unnecessary, redundant or inconsistent with applicable laws and regulations.

The new provisions would require the use of electronic means to identify procedures that increase public administration operating costs, make its operations less efficient or encourage nontransparent conduct. Administrative procedures would also be adapted to the simplest possible form: requirements imposed on users would be minimized, and only steps indispensable to each procedure’s purpose would remain.

By amending Article 20, the bill assigns the National Authority for Government Innovation (Autoridad Nacional para la Innovación Gubernamental) responsibility for implementing and administering a state electronic payment gateway integrated with the Single Citizen Portal and institutional portals. The gateway would operate under current government standards for electronic payments. Individuals and legal entities could use it to pay for online procedures and discharge obligations electronically, including fiscal stamps and other instruments used to collect fees and taxes. State institutions would have to provide the information needed to keep the gateway current in real time.

The amended article would require public entities to charge the same amount for physical and electronic procedures. The only additional amounts would be commissions or charges for financial services arising from the payment method; users would pay them, and they would not form part of the procedure’s cost. To record income from administrative procedures, entities would use electronic invoices or receipts authorized by the Ministry of Economy and Finance (Ministerio de Economía y Finanzas), together with systems that facilitate their issuance and control for the available payment methods.

The amendment to Article 22-A would allow the National Authority for Government Innovation to fine a public servant responsible for violations or breaches relating to the Law by up to 50% of that servant’s gross monthly salary. Entities covered by the Law would have to take measures to ensure compliance. Noncompliance attributable to intent, negligence or fault would constitute grounds for dismissal and could lead to other disciplinary measures; these provisions would be regulated by executive decree. Requirements that prevent electronic procedures, and in-person requirements where an electronic alternative exists or can be provided, would be prohibited. That rule would also govern the drafting of regulations concerning covered procedures. The bill identifies the amendments to Law 83 of November 9, 2012, and provides for commencement upon publication in the Official Gazette.

The provisions concern the National Authority for Government Innovation, the Ministry of Economy and Finance and other public entities. They could affect procedure users, individuals and businesses making state payments, public servants and financial service providers.