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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_141/BGBLA_2013_I_141.html

141. Federal law that modifies the Unvereinbarkeits - and transparency Act and the Federal Constitutional law on the limitation of covers of public officials

The National Council has decided:

Article I

Amending Unvereinbarkeits - and transparency law

The Federal Act on transparency and incompatibilities for Supreme organs and other public officials (Unvereinbarkeits - and transparency law (UNV-transparency-G)), BGBl. No. 330/1983, as last amended by Federal Law Gazette I no. 59/2012, is amended as follows:

1. paragraph 6: "the National Council and the Federal Council choose § 6 (constitutional provision) (1) the from among its members according to the principle of proportional representation per its own Committee (incompatibility Committee), as provided for by law not expressly otherwise, its resolutions by a simple majority.

(2) who are members of the National Council or Federal Council within one month after the entering of this representative body obtained the President of the body of of representative, stating, whether from this activity of financial benefits, to report the following activities:



1. any senior position in a company, a company with limited liability, Foundation or society, in particular as a member of the Board of directors or Supervisory Board of a public limited company, as Managing Director or member of the Supervisory Board of a company with limited liability, as the Board of directors or member of the Supervisory Board of a Foundation, or as a member of the Board of directors or a Sparkasse Savings Bank Council.

2. any other activities a) on the basis of a service or employment relationship under indication of the employer;

(b) in the part of self-employed or freelance;

(c) as a political function of elected or appointed officials, except activities directly connected with an activity referred to in § 1 Z 3.

(d) as a senior official in a statutory or voluntary advocacy under indication of the legal entity;

(e) from the about, assets, benefits excluding the management of own assets.

Financial benefits to be lit. achieved a to e in the context of a corporation or other legal entity, is to specify them.

3. any more senior volunteer activity under indication of the legal entity.

When one of the activities referred to in the Z 1 to 3 after the entering of the representative body, the message has within one month after commencement of activities to be carried out.

(3) members of the National Council or Federal Council exercise the function of a member of the Supervisory Board in one in para 2 Z 1 listed company which 126 b paragraph 2 is subject to B-VG of the control of the Court of Auditors in accordance with article, volunteers from.

(4) the members of the National Council or Federal Council have until 30 June of the following year the average monthly gross remuneration including remuneration of one year referred to in paragraph 2 from the Z-1 and Z 2 reported activities in the form to sign that they specify in which of the categories listed in paragraph 5 the amount of the income gem. § 2 No. 1 and no. 2 overall fall. The category of average monthly income amount is the total income of those months, who has listened to the Member of the National Council or Federal Council in the respective calendar year in full the relevant representative body, divided by the number of these months and is also by no later than 30 June of the following year to specify at the entrance to the representative body.

(5) in the case of messages within the meaning of paragraph 4, the average monthly income amount by specifying one of the following categories is to report:



1. from 1 to 1 000 euros (category 1);

2. from 1 001 to 3 500 euros (category 2);

3. from 3 501 to 7 000 euros (category 3).

4. by 7 001 to 10 000 euros (category 4) and 5 over 10 000 euro (category 5).

(6) decides on the admissibility of the reported activities referred to in paragraph 2 Z 1 the incompatibility Committee (para. 1).

(7) in accordance with paragraph 2, 4 and 5 existing reporting requirements apply to the members of the provincial Council mutatis mutandis."

2. in article 7, paragraph 2, the quote "in paragraph 4 mentioned participation" by the quote "mentioned in § 6 par. 2 No. 1 activity" is replaced.

3. in article 8 the quote is from the quote "section 4" "article 6 par. 2 No. 1 or" inserted.

4 (constitutional provision) in article 10, paragraph 1, the quote will be after the quotation "section 4" "or section 6 para 2 subpara 1" inserted.

5. (constitutional provision) § 10 par. 2 2nd sentence reads:

"For the National Council and the Federal Council will study the incompatibility Committee (§ 6 para 1)."

Article II

(Constitutional provision)

Amendment of the Federal Constitution Act on the limitation of covers of public officials

The Federal Constitutional law on the limitation of covers of public officials (BezBegrBVG), Federal Law Gazette I no. 64/1997, last amended by Federal Law Gazette I no. 8/2013, is amended as follows:

1. paragraph 9:

"The President of the National Council and the President of the Bundesrat have § 9 (1) on the basis of the reports pursuant to section 6 para 2 and 4 UNV-transparency-G to a public list, to enter by the deputies to the National Council as well as the messages made by the members of the Federal Council in the are. The sum of incomes is to publish UNV-transparency-G according to the categories of § 6 5. Income from assets are not taken into account.

(2) the President of the National Council has pursuant to section 2 paragraph 3a to publish reported UNV-transparency-G volunteer activities at the biographies published on the homepage of the Parliament.

(3) the publications according to paragraphs 1 and 2 are to keep for the duration of the membership to the relevant representative body or the exercise of the respective function.

(4) shall apply for members of the provincial Council with the proviso that the publication by the President of the Parliament has to be para 1 and 3. The form of publication is left to this."

2. Article 9a is eliminated.

Article III

(Constitutional provision)

This federal law enters into force: 1. for the members of the National Council and the Federal Council with the meeting of newly elected National Council next on the proclamation of this Federal Act;

2. for the members of the provincial Council with 1 January 2014.

Fischer

Faymann