Change Of The Unvereinbarkeits - And Transparency Act And The Federal Constitutional Law On The Limitation Of Covers Of Public Officials

Original Language Title: Änderung des Unvereinbarkeits- und Transparenz-Gesetzes und des Bundesverfassungsgesetzes über die Begrenzung von Bezügen öffentlicher Funktionäre

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141. Federal law amending the Incompatibility and Transparency Act and the Federal Constitutional Law on the Limits of Public Functionaries ' Act

The National Council has decided:

Article I

Amendment of the Incompatibility and Transparency Act

The Federal Act on Transparency and Incompatibilities for Supreme Institutions and Other Public Functionaries (Incompatibility and Transparency Act (Unv-Transparency-G)), BGBl. No 330/1983, as last amended by the Federal Law BGBl. I n ° 59/2012, shall be amended as follows:

1. § 6 reads:

" § 6. (constitutional provision) (1) The National Council and the Federal Council shall, in accordance with the principle of proportional representation, elect a committee of their own (Incompatibility Committee), which, unless otherwise expressly provided by law, makes its decisions with a simple -majority.

(2) The members of the National Council or of the Federal Council shall, within one month of being admitted to the representative body, have the President of the representative body, indicating whether the activities of the representative body are to benefit from the assets of the representative body: To report activities:

1.

any managerial position in a limited liability company, limited liability company, foundation or savings bank, in particular as a member of the executive board or supervisory board of a public limited company, as managing director or member of the supervisory board a company with limited liability, as head of the foundation or member of the supervisory board of a foundation or as a member of the board of directors or savings banks of a savings bank.

2.

any other activity

a)

on the basis of a service or employment relationship, indicating the employer;

b)

within a self-employed or professional framework;

c)

as an official elected or appointed to a political function, with the exception of activities in the immediate context of an activity in accordance with § 1 Z 3;

d)

as a senior official in a legal or voluntary representation of interests, indicating the legal entity;

e)

from which wealth benefits are also obtained, with the exception of the management of one's own assets.

Are asset benefits according to lit. a to e within the framework of a company or legal person shall also be indicated.

3.

any other senior volunteer activity, indicating the legal entity.

If one of the activities mentioned in the Z 1 to 3 is received after entry into the representative body, the notification shall be made within one month after the commending of the activity.

(3) Members of the National Council or Federal Council shall exercise the function of a member of the Supervisory Board in a company listed in paragraph 2 Z 1, subject to scrutiny by the Court of Auditors pursuant to Art. 126b (2) B-VG.

(4) By 30 June of the following year, the members of the National Council or the Federal Council shall have the average monthly gross remuneration, including the remuneration of a calendar year from the activities reported in accordance with paragraph 2 (2) (1) and (2) of this Regulation in the following year: Form to indicate in which of the categories referred to in paragraph 5 the level of income in accordance with the terms and conditions of the income. 2 (2) (1) and (2) in total. The category of the average monthly income shall be given on entry into the representative body from the total income of the months in which the member of the National Council or the Bundesrat, in the calendar year concerned, is fully in charge of the shall be divided by the number of these months and shall also be indicated by 30 June of the following year at the latest.

(5) In the case of notifications within the meaning of paragraph 4, the average monthly income level shall be reported by specifying one of the following categories:

1.

from 1 to 1 000 euro (category 1);

2.

from 1 001 to 3 500 Euro (category 2);

3.

from 3 501 to 7 000 euro (category 3);

4.

from 7 001 to 10 000 Euro (category 4) and

5.

over 10 000 euro (category 5).

(6) The incompatibility committee decides on the admissibility of the exercise of the notified activities in accordance with paragraph 2 (1) (1) (c). 1).

(7) The reporting obligations in accordance with paragraphs 2, 4 and 5 shall apply mutatily to the members of the Landtage. "

2. In Section 7 (2), the quote shall be "participation referred to in paragraph 4" by quoting "Activities referred to in Article 6 (2) (1)" replaced.

3. In § 8, before the quote "§ 4" the citation "§ 6 para. 2 Z 1 or" inserted.

4. ( Constitutional provision ) In Section 10 (1), after the quote, "§ 4" the citation "or § 6 para. 2 Z 1" inserted.

5. ( Constitutional provision ) § 10 para. 2 2. sentence reads:

"For the National Council and the Federal Council, the Incompatibility Committee (Section 6 (1)) is investigating the incompatibility committee."

Article II

(constitutional provision)

Amendment of the Federal Constitutional Law on the limitation of the references of public officials

The Federal Constitutional Law on the limitation of the references of public functionaries (BezBegrBVG), BGBl. I No 64/1997, as last amended by the Federal Law BGBl. I n ° 8/2013, shall be amended as follows:

1. § 9 reads:

" § 9. (1) The President of the National Council and the President of the Federal Council shall, on the basis of the reports in accordance with Section 6 (2) and (4) of the Unv-Transparency-G, have a public list in which the members of the National Council and the members of the National Council shall be responsible for the the Federal Council has received notifications. The sum of the income is to be published according to the categories of § 6 para. 5 Unv-Transparency-G. Income from assets shall not be taken into account.

(2) The President of the National Council has to publish voluntary activities in accordance with Section 2 (3a) of the Unv-Transparency-G in the case of the CVs published on the homepage of the Parliament.

(3) The publications referred to in paragraphs 1 and 2 shall be for the duration of the membership of the respective representative body or body. of the exercise of the respective function.

(4) (1) and (3) shall apply to members of the Landtag, subject to the proviso that the publication shall be made by the President of the respective Landtag. The form of publication is left to this. "

2. § 9a is deleted.

Article III

(constitutional provision)

This federal law shall enter into force:

1.

for the members of the National Council and the Bundesrat, with the meeting of the newly elected National Council, which is next to the presentation of this federal law;

2.

for the members of the Landtage with 1. Jänner 2014.

Fischer

Faymann