Amendment to Article 75 of the Law of the Heroic and Meritorious Fire Department of Honduras
Congreso Nacional
- Decree: 111-2022
- Published: November 16, 2022
- Issuing body: Congreso Nacional
- Gazette: 36,078
- Category: Financial & Tax
Summary
This law reforms how Honduras's Fire Department receives and uses money from the 5% contribution on fire insurance premiums. It requires insurance companies to deposit these funds in the Central Bank, and the Fire Department uses them exclusively to purchase equipment, vehicles, technology, and expand services throughout the country.
Considerations
Whereas Article 1 of the Constitution of the Republic establishes that: "Honduras is a State of Law, sovereign, constituted as a free, democratic and independent Republic to ensure its inhabitants the enjoyment of justice, liberty, culture, economic and social well-being".
Whereas on November 1, 1955, the Heroic and Distinguished Fire Department Corps was founded in our country, and since its creation it has developed a dedicated function in the fulfillment of its humanitarian responsibilities, being an Institution with authority throughout the entire territory, providing public community service and prevention, with a high degree of professionalism and security for the population which, in accordance with the National Plan and Vision of the Country, must have modern, dynamic and effective legislation that allows it greater and more efficient participation in the services it provides.
Whereas through Legislative Decree No. 56-2019 of July 10, 2019, published in the Official Gazette "La Gaceta" on February 20, 2020, the new Law of the Heroic and Distinguished Fire Department Corps was approved, which has as its purpose to regulate the organization and functions of said Institution in the national territory, which is of public interest, service to the population and national security.
Whereas the Heroic and Distinguished Fire Department Corps of Honduras is a technical, professional and specialized entity, decentralized from the Executive Branch and attached to the Ministry of State for the Offices of Internal Affairs, Justice and Decentralization, whose mission is to exercise the functions of State Firefighters exclusively throughout the national territory and as a participating actor in public security, therefore, it must have appropriate legislation that allows it to administer its assets and execute budgetary and material resources within the framework of its Law and regulations.
Whereas Article 75, numeral 4) of the Law of the Heroic and Distinguished Fire Department Corps of Honduras, must define specifically that the Central Bank of Honduras (BCH) shall act as custodian of the fee referred to therein, as well as that the administration and accountability of such resources are responsibilities of the Heroic and Distinguished Fire Department Corps.
Whereas in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is within the power of the National Congress: To create, decree, interpret, reform and repeal laws.
Articles
To reform Article 75, numeral 4) of Decree No. 56-2019, dated July 10, 2019, containing the LAW OF THE HEROIC AND RENOWNED FIRE DEPARTMENT OF HONDURAS, published in the Official Journal "La Gaceta" on Thursday, February 20, 2020, under Edition No. 35,180, adding thereto a new paragraph, which shall read as follows:
PATRIMONY OF THE HEROIC AND RENOWNED FIRE DEPARTMENT. The Patrimony of the Heroic and Renowned Fire Department of Honduras is formed in the following manner:
- 1)
Movable assets...;
- 2)
Annual allocations…;
- 3)
Income…;
- 4)
Income received as compensation for the tax of five percent (5%) of mandatory contribution on the value of net premiums collected for fire insurance and allied lines (Earthquake, Hurricanes, Flooding, Riot, Strikes and popular disturbances). It is the duty of insurance companies to collect this tax from the insured, values that must be transferred to the Central Bank of Honduras (BCH) in the Special Account for the administration of the Heroic and Renowned Fire Department of Honduras. This income must be allocated by the Heroic Renowned Fire Department solely for the acquisition of equipment, infrastructure, vehicles, machinery, aircraft, new technologies, rescue and salvage equipment, pedagogical equipment and materials, accident rescue and response equipment, materials and spare parts, and in general all supplies, equipment or accessories useful or necessary for the fulfillment of the functions of the Renowned Fire Department of Honduras. 5) Income from different sources…; 6) Inheritances…; and, 7) All other income… The National Banking and Insurance Commission (CNBS)… In any case this amount must be used in all fire departments distributed throughout the national territory, as well as in expanding the presence of the Heroic Renowned Fire Department of Honduras in other municipalities of the national territory".
To exempt those obligated to make payments established in numeral 4) of Article 75 of Legislative Decree No. 56-2019, dated July 10, 2019, containing the LAW OF THE HEROIC AND RENOWNED FIRE DEPARTMENT OF HONDURAS, published in the Official Journal "La Gaceta" on February 20, 2020, for the period of time between February 20, 2020 and May 3, 2022. As of May 3, 2022, the timely collection of the funds regulated in numeral 4) of Article 75 of Legislative Decree No. 56-2019, indicated in the preceding paragraph, is mandatory.
This Decree shall enter into force on the day of its publication in the Official Journal "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Chamber of Sessions of the National Congress, on the thirteenth day of the month of October of two thousand twenty-two. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT CARLOS ARMANDO ZELAYA ROSALES SECRETARY LUZ ANGÉLICA SMITH MEJÍA SECRETARY To the Executive Branch Therefore: Let it be executed. TEGUCIGALPA, M.D.C., October 21, 2022. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION TOMÁS EDUARDO VAQUERO MORRIS
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