298/2008 Coll. of ACT of 17 July 2008 amending Act No. 128/2000 Coll., On municipalities (Municipal Establishment), as amended, Act No. 129/2000 Coll., On the regions (Regional Establishment), as amended, amended and Act No. 128/2000 Coll., on the Capital City of Prague, as amended Parliament has passed this Act of the Czech Republic: PART ONE Amendments to the Law on Municipalities Art. (I) Act No. 128/2000 Coll., On municipalities (Municipal Establishment), as amended by Act No. 273/2001 Coll., Act No. 320/2001 Coll., Act No. 450/2001 Coll., Act No. 311/2002 Coll., Act No. 312/2002 Coll., Act No. 59/2003 Coll., Act No. 22/2004 Coll., Act No. 215/2004 Coll., Act No. 257/2004 Coll. of Act No. 421/2004 Coll. , Act No. 501/2004 Coll., Act No. 626/2004 Coll., Act No. 413/2005 Coll., Act No. 61/2006 Coll., Law No. 186/2006 Coll., Act No. 189/2006 Coll., Act No. 234/2006 Coll., Act No. 245/2006 Coll., Act No. 261/2007 Coll. and Act No. 169/2008 Coll., is amended as follows: 1. In section 75, paragraph 5 reads : "(5) If the current mayor or deputy mayor shall exercise the powers under section 107, he is entitled and monthly remuneration in the current level.". 2. In section 75 para. 6, the words "paragraph. 2 "are deleted. 3. In section 89, paragraph 3 reads: "(3) Until the new elected municipal assembly, proceed in accordance with section 102a and 107". 4. In section 90 of the last sentence, the words "section 84 and 85" are replaced by "section 84 par. 2 and art. 85, with the exception of adopting budgetary measures and provisional budget's rulemaking." 5. section 91 reads: "section 91 (1) The constitutive session of the newly elected municipal council convenes former mayor of the deadline for filing a petition and the court that declare elections invalid or void ballot sat held within 15 days of the expiry of this period, and if It was a proposal that declare the election or vote for annulment filed within 15 days after the final court decision on the last of the submitted proposals , if any of the proposals submitted were not accepted. Establishing the meeting chaired usually former mayor, possibly the oldest member of the municipal council until the elected mayor or deputy mayor. At the inaugural session of the municipal council was elected mayor, deputy mayor and other members of the municipal council. (2) If the on-Board session of the newly elected municipal council did not take place within the period referred to in paragraph 1, it shall be convened after the expiry of this period, the Ministry of the Interior, unless the court granted the petition for annulment of the elections or the annulment of the vote. Information on the convening of the inaugural session of the municipal council, published by the Ministry of Interior to the extent specified in § 93 paragraph. 1 for a period specified in that provision on its official board. ". 6th section 98 including footnotes. 32 and 32a reads: "section 98 (1) of the Ministry of the Interior appoints administrator of the municipality from the ranks of state employees assigned to the Ministry of Interior and the absence of) and the famous village in the elections to the municipal council for lack of candidates for the municipal council of ^ 32), b) terminates the mandates of all the members of the municipal council and vacant seats does not start alternates or (c)) if the amalgamation of municipalities or departments of the municipalities. (2) The administrator of the municipality ensures tasks in the autonomous powers under section 84 par. 2. (b)) § 102, para. 2 and 3, section 103 paragraph. 4 of a point. (b)), d), (e)) and i) and is entitled it to lay down rules on the provisional budget-32a). The administrator of the village convene the inaugural session of the municipal council in accordance with section 91, para. 1. The administrator of the village represents the municipality externally and is headed by the municipal authority. (3) the Costs associated with the position of administrator of the municipality pays the Ministry of the Interior. (4) The activities of the administrator of the village ends on the inaugural session of the municipal council (section 91), or selecting a mayor. At the inaugural session of the the municipal administrator for the municipality's report on the performance of his duties and the status and management of municipal property. 32) § 23 para. 8 of the Act No. 491/2001 Coll., On elections that municipal councils and amendment of some laws. 32a) § 13 para. 2 of Act No. 250/2000 Coll., On budgeting rules. ". Footnote No. 32a is referred to it as a footnote. 32B, including references and footnote. 7. § 102, the following new section 102a, which including footnote No. 32 c reads: "section 102a (1) The municipal council shall exercise its powers under this Act even after the end of the term of office of the municipal council until the election of a new municipal council or elected mayor in the event that the municipal council not elected (§ 99 par. 3). (2) If the court suit for annulment of elections or polls, the municipal council of the date of the decision of the court to date, which will be held inaugural session of the newly elected municipal council, in addition to the powers set out in paragraph 1 shall be entitled it to lay down rules on the provisional budget and approve budgetary measures ^ 32 c). (3) If there is no elected municipal council, because the district election commission did not deliver and record of the progress and outcome of the vote, carries the municipal council from the day following the day on which ended the period electoral commission for submitting report on the conduct and outcome of the vote, to date, which will be held inaugural session of the newly elected municipal council powers under paragraph 2. (4) In municipalities where the municipal council was not before the end of the term of office of the municipal council elected (§ 99 par. 3), exercised its powers during the period referred to in paragraph 1 that former mayor (section 107). The provisions of paragraphs 2 and 3 shall apply mutatis mutandis. 32 c) § 13 para. 2 and section 16 of Act No. 250/2000 Coll. ". 8. section 107 reads: "The current mayor of section 107 in the period from the date of the elections to the municipal council until the election of a new mayor or deputy mayor shall exercise the powers of the mayor under section 103; In this period it shall exercise its powers also former deputy mayor. If he fails this former mayor's powers under the first sentence, and carries current deputy, and if more current deputy mayors, the one before election day instructed the municipal council that represent the mayor, or the one who commissioned the former mayor. When performed on the day of elections the powers of mayors, and the member of the municipal council under section 103. 6, applied to the first and second a sentences accordingly. ". 9. In section 137 at the beginning of the following paragraph 1, which reads: "(1) If the inaugural meeting of the district assembly or the district convened within the period pursuant to section 91 that para. 1, convened by the municipalities under delegated powers; information on the convening of the inaugural meeting of the district assembly or district publish the extent specified in § 93 paragraph. 1 for a period specified in that provision on its official board. ". The existing text is renumbered 2. PART TWO Amendment to the Act on Regions Art. (II) Act No. 129/2000 Coll., On the regions (Regional Establishment), as amended by Act No. 273/2001 Coll., Act No. 320/2001 Coll., Act No. 450/2001 Coll., Act No. 231/2002 Coll., the Constitutional Court ruling promulgated under no. 404/2002 Coll., Act No. 222/2003 Coll., Act No. 215/2004 Coll., Act No. 257/2004 Coll., Law No. 421/2004 Coll. Act No. 501/2004 Coll. , Act No. 626/2004 Coll., Act No. 413/2005 Coll., Act No. 186/2006 Coll., Act No. 189/2006 Coll., Act No. 234/2006 Coll. and Act No. 261/2007 Coll., is amended as follows: 1. In section 39 Paragraph 1 reads: "(1), The inaugural meeting of the newly elected municipal council convenes former governor of the deadline for filing a petition and the court that declare elections invalid or void ballot sat to be held within 15 days of the expiry of this period, and if the proposal was that declare elections invalid or void ballot filed within 15 days after the final court decision on the last of the submitted proposals, if any of the proposals submitted were not accepted. ". 2. In section 39 paragraph 3 reads: "(3) If the inaugural meeting of the newly elected council did not take place within the period referred to in paragraph 1, it shall be convened after the expiry of this period the ministry, unless the court granted the petition for annulment of the elections or the annulment of the vote. Information on convening of the inaugural meeting of the council published by the Ministers to the extent specified in § 42 para. 1, second sentence, for in the provisions laid down on its official board. ". 3. In § 45 para. 1, second sentence, the words "section 36" the words "with the exception of adopting budgetary measures and provisional budget's rulemaking." 4. In § 45 para. 2, third it fifth a sentences are replaced by the phrase "the provisions of § 60a and 64 shall apply mutatis mutandis."; " 5. In section 50, paragraph 2 reads: "(2) If the current governor or deputy governor exercises the powers it pursuant to section 64, she is entitled and monthly remuneration in the current level.". 6. In § 50 para. 3, "paragraph. 2 "are deleted. 7. section 60, the following new section 60a, which including footnote no. 19a reads: "§ 60a (1) The Council shall exercise its powers under this Act even after the council's term of office until the election of a new council. (2) If the court suit for annulment of elections or voting, the Council of the date of the decision to the court, on which is held inaugural session of the newly elected council, in addition to the powers set out in paragraph 1 shall be entitled it to lay down rules on the provisional budget and approve the budget measures-19a). 19a) § 13 para. 2 and section 16 of Act No. 250/2000 Coll., On budgeting rules. ". 8. section 64b reads: "§ 64 bit The current governor in the period from the date of elections to the Assembly until the election of a new Governor or Deputy Governor shall exercise the powers pursuant this section 61; In this period it shall exercise its powers also former deputy governor. If he fails to former Governor's powers under the first sentence, and former deputy governor performs, and if the current deputy governor of more the one before election day, the council instructed it to represent the governor, otherwise he was commissioned by the previous governor. When performed on the day of elections of the powers of the Governor council member in accordance with § 64a apply first and second a sentences accordingly. ". PART THREE Amendment to the Act on the Capital City of Prague Art. (III) Act No. 133/2000 Coll., On the Capital City of Prague, as amended by Act No. 145/2001 Coll., Act No. 273/2001 Coll., Act No. 320/2001 Coll., Act No. 450/2001 Coll., Act No. 312/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No. 22/2004 Coll., Act No. 215/2004 Coll., Act No.. 257/2004 Coll., Act No. 387/2004 Coll., Act No. 421/2004 Coll., Act No. 499/2004 Coll., Act No. 501/2004 Coll., Act No. 626/2004 Coll., Act No. 109/2006 Coll., Act No. 186/2006 Coll., Act No. 189/2006 Coll., Act No. 234/2006 Coll., Act No. 261/2007 Coll., Act. 66/2008 Coll. and Act No. 169/2008 Coll., is amended as follows: 1. In § 55 paragraph. 2, after the words "the former Mayor of Prague," the words "or the Deputy Mayor of Prague" and the words "the election of a new Mayor, City of Prague", the words "or the Deputy Mayor of Prague". 2. section 61 reads: "section 61 (1), The inaugural meeting of the newly elected council of the capital city of Prague convenes former Mayor of Prague after the deadline for filing a petition and the court that declare elections invalid or void ballot sat held within 15 days of the expiry this deadline, and if the proposal that declare the election or vote for annulment filed within 15 days after the final court decision on the last of the submitted proposals , if any of the proposals submitted were not accepted. Establishing the meeting chaired usually former Mayor of Prague, possibly the oldest member of the Prague City Assembly elected until the Prague Mayor or the Deputy Mayor of Prague. At the inaugural meeting of the council of the capital city of Prague is elected Mayor of Prague, the Deputy Mayor of Prague and other members of the capital Prague. (2) If the on-Board session of the newly elected council of the capital city of Prague did not take place within the period referred to in paragraph 1, it shall be convened after the expiry of this period the ministry, unless the court granted the petition for annulment of the elections or the annulment of the vote. Information on convening of the inaugural meeting of the council of the capital city Prague, published by the Ministry to the extent specified in section 60 par. 3 for in the provisions laid down on its official board. ". 3. In section 69, paragraph 3 shall be deleted. 4. section 69, the following new section 69a, which including footnote No. 19b reads: "section 69 (1) of the Prague City Council's exercise of its powers under this Act even after the end of term of the Prague City Assembly until the election of a new Prague City Council. (2) If the court suit for annulment of elections or voting, the council of the capital city of Prague after the date of the final court decision until the day in which they held the on-board meeting of the newly elected council of the capital city of Prague, in addition to the powers set out in paragraph 1 shall be entitled it lay down rules the provisional budget and approve the budget measures ^ 19b). (3) If there is no elected council of the capital city of Prague, as the district election commission did not deliver and record of the progress and outcome of the vote, the Council performs of the Capital City of Prague from the day following the day on which ended the period electoral commission for submitting report on the conduct and outcome of the vote date , which will be held inaugural session of the newly elected council of the capital city of Prague, the authority pursuant this paragraph 2. 19b) § 13 para. 2 and section 16 of Act No. 250/2000 Coll., on budgeting rules. ". 5. § 75 reads: "§ 75, Current Mayor of Prague in the period from the date of the elections to the Prague City Assembly until the election of a new mayor of Prague and deputy mayor of Prague exercise of the powers of the Mayor of Prague under section 72; In this period it shall exercise its powers also former Deputy Mayor of Prague. If he fails this former Mayor of Prague, its powers under the first sentence, and former deputy mayor performs of Prague, and if the current deputy Mayor of Prague more, the one before the elections mandated by the Prague City representing the Mayor of Prague, otherwise he was commissioned by former Mayor of Prague. ". 6. In section 93 paragraph. 1, letter a), including footnote No. 22a reads: ") does not take place in the city of announced elections to the borough council for the lack of candidates for the members of the borough council ^ 22a), 22a) section 23 sec. 8 of the Act No. 491/2001 Coll., on elections that municipal councils and amendment of some laws.". 7. In section 93, paragraph 2, including footnote No. 22b reads: "(2) The district manager ensures tasks in the autonomous powers in accordance with § 89 para. 1 point. (h)) § 94 paragraph. 2 and 3 of this section, the section 97 99. The district administrator establishes rules and provisional budget-22b). Administrator district represents the district externally and is headed by the office of the district. District administrator convenes inaugural meeting of the newly elected borough council. 22B) § 13 para. 2 of Act No. 250/2000 Coll. ". PART FOUR EFFECT Art. IV to This Act shall take effect on the date of its publication. Vahl mp Klaus mp pp. Čunek vr