Bill 473.

Summary.

The bill would create the CEFODEA of San Miguelito Board (Patronato del CEFODEA de San Miguelito) as a public law legal entity of social interest, without profit, with its own assets and administrative, economic, financial and operational autonomy. Its domicile would be in the district of San Miguelito. It would support, administer and sustain the Adolescent Training and Development Center (Centro de Formación y Desarrollo de Adolescentes), serving adolescents at social risk aged 14 to 17 who have left regular schooling through formal and vocational education, technical training and human development. It provides for coordination with the Ministry of Social Development (Ministerio de Desarrollo Social), the Ministry of Education (Ministerio de Educación) and the National Institute of Vocational Training and Training for Human Development (Instituto Nacional de Formación Profesional y Capacitación para el Desarrollo Humano).

Its objectives include returning adolescents to basic general education and helping them continue their studies, technical and vocational training, job preparation, entrepreneurship and psychosocial support involving professionals, teachers and families. It also provides for cultural, sports, artistic and community activities aimed at social prevention, along with partnerships that facilitate further study and access to work. The Board’s activities would follow principles concerning the best interests of minors, inclusion, non-discrimination, equity, participation, transparency, integrity, human rights and comprehensive human development. Institutional cooperation would be formalized through agreements, annual action plans and interagency technical committees, and would cover continuing training for teachers, trainers and tutors.

The Ministry of Social Development would allocate annual funding for the Board’s sustainability in an amount no lower than the allocation for the previous fiscal year. Its assets would comprise government appropriations, contributions and donations, transferred property, income from activities and resources obtained through cooperation agreements, all reserved for its purposes. The bill treats qualifying sums received from private persons as deductible for Income Tax purposes under Article 697 of the Tax Code (Código Fiscal). It restricts disposal of assets to transactions approved by Board members, endorsed by the Office of the Comptroller General of the Republic (Contraloría General de la República) and devoted to the Board’s purposes; contrary acts would be void and could give rise to administrative, civil and criminal liability. It bars distribution of surpluses, requires funds to be held in special accounts at the National Bank of Panama (Banco Nacional de Panamá), and grants conditional tax exemptions while preserving withholding obligations toward third parties.

A Governing Council would bring together government, business and civic representatives and a representative of an organization supporting at-risk youth. A representative of the Office of the Comptroller General of the Republic would attend with speaking rights but no vote. Members would serve without remuneration, subject to possible reimbursement of official travel expenses; the bill also provides for alternates, kinship restrictions, replacement and termination of service. The Board would elect a secretary and treasurer annually, while its president would serve as legal representative. Its functions would include approving policies, programs, budgets, regulations and agreements; overseeing resources; encouraging community participation; commissioning audits; evaluating programs; and publishing an annual management report.

An independent firm would conduct an annual comprehensive audit, and the Office of the Comptroller General of the Republic would oversee public funds. The Board would be exempt from public bidding, competitions and requests for quotations, but would use a public call procedure for contracting, with the Comptroller’s endorsement. General regulations would complete its organizational and operating rules. The Executive Branch would issue them within no more than six (6) months after promulgation; the proposed law would take effect upon publication in the Official Gazette. Its provisions also concern the Municipality of San Miguelito (Alcaldía de San Miguelito), the Ministry of Health (Ministerio de Salud), the National Secretariat for Children, Adolescents and the Family (Secretaría Nacional de Niñez, Adolescencia y Familia) and the Ministry of Public Security (Ministerio de Seguridad Pública), as well as families, community organizations, educational institutions and the training and employment sectors.