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Amendment Of The Act On The Promotion Of Sports And Other Laws

Original Language Title: změna zákona o podpoře sportu a dalších zákonů

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230/2016 Sb.



LAW



of 28 June. June 2016,



amending Act No. 115/2001 Coll., on the promotion of the sport, as amended by

amended, and other related laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the promotion of sport



Article. (I)



Act No. 115/2001 Coll., on the promotion of the sport, as amended by Act No. 219/2005

Coll., Act No. 186/2006 Coll., Act No. 274/2008 Coll., Act No. 183/2010

Coll. and Act No. 375/2010 Coll., shall be amended as follows:



1. in article 1, the following new section 1a, which including the title reads as follows:



' section 1a



Priorities in the field of sport



The basic priorities in the field of sport is the promotion of sport for children and youth

and their coaches and sporting representatives support the United States. ".



2. In article 2 (1):



"(1) the sport is for the purposes of this Act, any form of physical activity,

that's through organised or otherwise; the participation of committed

the target of the harmonious development of the physical and mental condition, the development of social

relations, strengthening health and achievement of sport recreationally

or in competitions at all levels, individually or jointly. ".



3. In section 2, paragraph 1, the following new paragraphs 2 and 3 shall be added:



"(2) sports organisations for the purposes of this Act, legal person

formed for purposes other than making a profit, if the subject includes

the activities of the legal person working in the field of sport.



(3) the Athlete is for the purposes of this Act any natural person who, in

given calendar year actually carries a sports activity for which

It is for the sports organization registered. ".



Paragraphs 2 and 3 shall become paragraphs 4 and 5.



4. In section 2, the following paragraphs 6 and 7 are added:



"(6) a major sports events is for the purposes of this Act, the action

international importance taking place in the territory of the Czech Republic, in particular

Olympic Games, World Championships, European Championships or world

Cup.



(7) an important sports events of extraordinary importance for the purposes of this

the actions referred to in paragraph 6 of the Act, the organisation makes the Organization

allocating its organisation at international level, the Declaration of the State, on the

whose territory the action has to take place, to ensure the creation of conditions for

the venue of this event. ".



5. In section 3, paragraph 3. 1 (b). a), the words "the design concept of" shall be replaced by

"the draft plan" and the words "hereinafter referred to as" concept "" shall be replaced by the words "further

' the plan '. "



6. In section 3, paragraph 3. 1 (b). (b)), the words "approved the concept of" shall be replaced by

"approved plan".



7. in section 3, paragraph 3. 1, letter c) the following point (d)), which read as follows:



"(d) the use of support for sports) from the State budget for recipients

support and for people to whom the recipient of the aid in accordance with the conditions

for further use of the aid provided, ".



Subparagraph (d)) to (h)) are known as the letters e) to (i)).



8. In section 3, paragraph 3. 1 letter e) is added:



"e) creates the conditions for sport for children and youth and their trainers for the

the development of sports for all, sports for disabled people and for

sports representatives of the United States and their participation in sports

events in the Czech Republic and abroad, ".



9. in section 3, paragraph 3. 1 at the end of the text of the letter f), the words "and issues

programme to prevent influencing the results of sports competitions ".



10. In section 3, paragraph 3. 1 the letter g) including footnote No. 4 reads as follows:



"(g)) establishes a contributory organization in order to fulfil the obligations arising

of the International Convention against doping in sport ^ 4),



4) the International Convention against doping in sport the renowned communication

Ministry of Foreign Affairs under no. 58/2007 Sb. m. s. ".



Footnote 1 shall be deleted.



11. In paragraph 3, at the end of paragraph 1, the period is replaced by a comma and the following

the letter j) is added:



"(j)), in electronic form, a register of sports organizations

applying for support from the State budget pursuant to section 6b or 6 c and

athletes, coaches and sports facilities whose activities is sought

the granting of this aid (hereinafter referred to as "the register"). ".



12. in section 3, paragraph 3. 2 the words "(a). g) "shall be replaced by" subparagraph (a). (h)) ".



13. in section 3, the following paragraph 3 is added:



"(3) the rules of operation, financing and mutual cooperation of the line

sports center referred to in paragraph 1 (b). h) and (i)) determined by the Government. A proposal from the

rules, processes the Ministry of education, youth and sports in

cooperation with the Ministry of the Interior and the Ministry of defence and submit

to the Government for approval. ".



14. in paragraph 3, the following new paragraph 3a, including the title and notes

the line # 5:



' section 3a



Index



(1) the register is public administration information system, which is used to

the management of data on sporting organisations, athletes and sports

devices. Administrator of the register is the Ministry of education, youth and

sports. The register is not public; an indication of the number of athletes and coaches

brought together in the sports organization and list of sports facilities

registered in the register is publicly available, and it's also way

allowing remote access.



(2) sports organizations requesting support from the State budget according to the

§ 6b or 6 c shall be entered in the register.



(3) sports organisation referred to in paragraph 2 shall, without undue

delay, entered in the register the following particulars and their changes:



and) name, registered office and number of sports organizations, subject

its main activity and activity in the field of sport, or

membership in another organization



(b) the termination of the activities of sports organisations) in the field of sport and its

the date,



c) details of the sports organization, which is affiliated to the extent

letters and) and (b)),



(d)) first and last name, date of birth and address of the place of stay a ^ 5) athletes

and trainer registered with sports organizations, which it is associated;

If the athlete or coach instead of staying on the territory of the Czech Republic,

address of the location in the territory of the Czech Republic, where it mostly resides; in

If the athlete is also a kind of sport that the athlete exercises; in

the case of foreigners also nationality,



(e)) data (d)) of the athletes or the coach for her

registered, if these figures began sporting organization in which

is associated,



f) date from when an athlete or a coach began to carry on business, for

that was at the sports organization in a given calendar year subject to



g) date from when the athlete or coach has ceased to carry on business

referred to in subparagraph (f)),



h) sports equipment, that is used for activities in the field of sport; to

writes the address register sports facilities, information on the nature of the sports

the device and the data on the amount and purpose of the aid from the State budget according to § 6b

or 6 c, if it was granted on the purchase price or technical improvement

sports facilities.



(4) an applicant for support from the State budget pursuant to section 6b or 6 c of the specified

the acquisition or improvement of sports equipment is required to

without undue delay, entered in the register provided for in paragraph 3 (b).

(h)).



(5) sports organization has access to information in the register about the athletes

and it registered trenérech and sports organizations in it

pooled.



(6) the information referred to in paragraph 3 (b). d) to (g)) are written in the register

for a maximum period of 10 years from the date the athlete or coach stop

to carry out an activity referred to in paragraph 3 (b). (f)).



(7) the Ministry of education, youth and sports, verifies the veracity,

completeness and accuracy of the information in the register.



(8) the Ministry of the Interior provides the Ministry of education, youth and

Sports for the purposes of the processing of data in the register of references from

basic population register. From the population register, the

It provides the name, or names, last name, address, place of residence, date of

and place of birth, date of death, country of citizenship, and the numbers of the electronically

readable identification documents of a natural person.



(9) the Ministry of education, youth and sports, shall issue a decree

the format and structure of a data message, which sports

organizations and applicants for assistance written information referred to in paragraphs 3 and 4.



5) Act No. 133/2000 Coll., on registration of the population and the birth numbers and

amendments to certain laws (law on population register), as amended

regulations.



Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and

amendments to certain laws, as amended. ".



15. in section 4, paragraph 4. 2 the words "talent and" shall be replaced by "talent," and

the words "establishes a doping control laboratory and secures its

activities within the scope of the International Olympic Committee;

doping control laboratory is an organizational component of the State "shall be replaced by

the words "and to promote a healthy way of life creates the conditions for

support preventive, dispensary and medical health care in the area

Sport. "



16. in section 5, is at the end of subparagraph (c)) dot replaced with a comma and the following

the letter d), which read as follows:



"(d)) process development plan of the sport in the region and ensure its

implementation. ".



17. In paragraph 6 (b). and) the words "and the preparation of sports talents, including

disabled people "are replaced by the words", in particular for young people ".



18. In paragraph 6, after the letter a) insert a new subparagraph (b)), which read as follows:



"(b) secure the preparation of sports talents), including people

affected citizens ".




Subparagraph (b)) to (d)) shall be renumbered as paragraphs (c) to (e)).)



19. In paragraph 6 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the municipality handles in a separate scope for its territory, the development plan

Sport in the village and ensures its implementation. ".



20. in paragraph 6, the following new section 6a through 6 d, which including the following titles:



"§ 6a



Plans in the field of sport



(1) the plan specifies the objectives of the State policy in the field of sport, the resources

that are necessary to achieve these objectives, and defining priorities and

support for sports criteria from the State budget. Part of the plan are also

measures against illegal influence sporting results and measures

to support education and other career sports

representatives in the course of sports career and thereafter.



(2) the plan for the development of sport in the municipality or region contains, in particular, the definition of

support areas of sport, the setting of priorities in each region

support for sports and action to ensure the availability of sports facilities

for the citizens of municipalities or regions. Part of the plan is to also determine the resources from the

the budget of the municipalities or regions that are necessary for the fulfillment of the plan.



§ 6b



Support for sport in the form of subsidies from the State budget



(1) the Ministry of education, youth and sports provides from the State

budget support sport in the form of subsidy programmes announced on

calendar year with particular emphasis on the promotion of sport for children and youth,

Sports for all, sports of people with disabilities and to support

successful sports representatives of the Czech Republic.



(2) Support of sport in accordance with paragraph 1 may be granted only to the sports

organizations registered in the register.



(3) the Ministry of education, youth and sports provides from the State

budget support sport in the form of grants in aid program for the acquisition of

or technical assessment of tangible and intangible fixed assets.

Circle the beneficiaries and the time period for which the programme is based on

the first sentence has been declared, provides documentation of this program.



(4) Support of sport cannot be granted to a person who over the past three

the years repeatedly or seriously infringed the rules of the fight against

doping or jeopardise seriously in implementation of the programme for the prevention

influencing the results of sports competitions, or that has been finally

sentenced for a criminal offence, the merits of which relates to the activities in the

the field of sport, or for the crime of subsidy fraud, unless

the demise of the effects of a conviction for this offence.



§ 6 c



Support of major sports events



(1) the central State administration bodies established on the basis of the consent of the Government

the conditions for the holding of major sporting events of exceptional importance.

A request for the consent of the person who served the Government intends on organizing the event

to apply, through the Ministry of education, youth and sports.



(2) the request under paragraph 1 shall be accompanied by the estimated budget of the action

and a feasibility study taking into account the financial, material, human resources

and legal support of the action. From the feasibility study must be clear,

What is the action by public authorities, in particular in the area of

safety, protection of health and life, the stay of foreigners on the territory of the United

States and transport availability, will be necessary for organizing the event.

The feasibility study also contains information as to whether and to what extent

is organizing the event for the grant of aid from the State budget necessary

While respecting the principles of efficient, effective and efficient management of

public resources, and information about sports and sustainability

other devices for which aid is to be granted, after the event.



(3) the Support of major sports events of extraordinary importance of

the State budget, to which the Government gave the consent referred to in paragraph 1,

It provides, in particular, the Ministry of education, youth and sports.



(4) support from the State budget to major sporting events not listed in

paragraph 1 shall be granted on the basis of the programme according to § 6b.



§ 6 d



The coordination of the provision of support



(1) the Ministry of education, youth and sports coordinates the provision of

support on the basis of this Act, with the Office for the protection of

competition.



(2) the support shall not be granted if its disclosure would be contrary to the

the conditions for granting public aid laid down by the law of the European

Union or the decisions of the European Commission, issued on the basis thereof. ".



21. in paragraph 7e after paragraph 1 the following paragraph 2 is added:



"(2) sports organizations committing an administrative offense to the fact that

contrary to § 3a paragraph 2. 2 fails to comply with the obligation to register in the register, or

fail to comply with the obligation to write without undue delay in the register the particulars and

changes in the scope of § 3a paragraph 2. 3. An applicant for support from the

the State budget according to § 6b or 6 c specified at purchase price or technical

evaluation of the sports facilities is guilty of an administrative offense, by

fail to comply with the obligation to write without undue delay in the register the information in the

extent provided in § 3a paragraph 2. 4. ".



The former paragraph 2 becomes paragraph 3.



22. in paragraph 7e of paragraph 1. 3, after the words "paragraph 1 (b). "the words)

"or of paragraph 2".



23. in section 7f of paragraph 1. 4, after the words "the law", the words ", with the exception of

administrative offences specified in § 7e para. 2, ".



24. in section 7A in paragraph 4 the following paragraph 5 is added:



"(5) administrative offenses under section 7e para. 2 at the first instance hearing

The Ministry of education, youth and sports; the Ministry fined for

administrative offence not saved if they are for reasons worthy of special

sight. ".



Paragraphs 5 and 6 shall be renumbered as paragraphs 6 and 7.



25. In section 7f paragraph 7 is added:



"(7) fines, with the exception of fines for administrative offences referred to in paragraph 7e of paragraph 1.

2, collected and enforced by the authority that is saved. Income from fines, with the exception of

fines for administrative offences referred to in paragraph 7e of paragraph 1. 2, the income of the municipality.

Fines for administrative offences referred to in paragraph 7e of paragraph 1. 2 selects and enforced locally

the competent Customs Office. Revenue from fines for administrative offences referred to in paragraph 7e

paragraph. 2 shall constitute revenue of the State budget. "



Article II



Transitional provisions



1. the Ministry of education, youth and sports of running index

not later than 18 months from the date of entry into force of this Act.



2. Sports organizations in which they are grouped other sports organizations,

is obliged to fulfil the obligations provided for in § 3a paragraph 2. 2 and 3 of the law No.

115/2001 Coll., in the version in force from the date of entry into force of this Act,

within 24 months from the date of entry into force of this Act. Other sports

organizations that have not been written in the first sentence, are required to the

obligations to meet within 30 months from the date of entry into force of this Act.

The applicant for aid is required to meet the obligations provided for in § 3a paragraph 2. 4

Act No. 115/2001 Coll., in the version in force from the date of entry into force of

This law, within 24 months from the date of entry into force of this Act.



3. Support of sport in the form of subsidies from the State budget can provide

Sports Organization, regardless of its entry in the register at the end

the period laid down in point 2, which sports organizations to meet

the obligations provided for in § 3a paragraph 2. 2 and 3 of Act No. 115/2001 Coll., on

the version in force from the date of entry into force of this Act.



4. the plan pursuant to section 6a of paragraph 1. 1 Act No. 115/2001 Coll., in the version in force from

the effective date of this Act, shall submit to the Ministry of education,

Youth and sports of the Government for the first time within 6 months from the date of entry into force of

of this Act.



5. the plan for the development of sport in the County, pursuant to section 5 (b). d) of Act No. 115/2001

Coll., in the version in force from the date of entry into force of this law, the processes

region for the first time within 18 months from the date of entry into force of this Act.



6. the plan for the development of sport in the municipality under section 6 (1). 2 Act No. 115/2001 Coll.

in the version in force from the date of entry into force of this Act, the municipality of processes

for the first time within 18 months from the date of entry into force of this Act.



PART TWO



Amendment of the Act on arbitration



Article. (III)



In section 40 of Act No. 216/1994, Coll., on arbitration proceedings and enforcement of

arbitration awards, as amended by Act No. 303/2013 Coll., the following

the following paragraph 3 is added:



"(3) to be broken down to the Commission in accordance with the statutes on the boards and decide if the

the Senate Commission, paragraphs 1 and 2 shall apply by analogy to the Senate. ".



PART THREE



Amendment of the Act on higher education



Article IV



Under section 54a of the Act No. 111/1998 Coll., on universities and amending and supplementing

other laws (law on higher education), as amended by Act No. 48/2013

Coll., the present text shall become paragraph 1 and the following paragraph

2, which reads as follows:



"(2) a Student who submit high school or Faculty of the confirmation

that is the sports representative of the United States in the sport sector,

issued by the sports organizations representing these sports industry in the United

Republic, has in relation to this fact, the right to modify the course of the

the study, which the student will allow participation and representation necessary

preparation. ".



PART FOUR



Changing the Education Act



Article. In



At the end of section 18 of Act No. 561/2004 Coll. on pre-school, primary,

secondary, higher vocational and other education (the Education Act),

the following sentence "In secondary education or higher vocational education


enables the Director of the school the pupil or individual educational plan

the student on the basis of confirmation that a pupil or student is the sports

representative of the United States in the sport sector, issued by the

sports organizations representing these sports industry in the United

Republic, in connection with this fact. ".



PART FIVE



The EFFECTIVENESS of the



Čl.VI



This Act shall take effect on 1 January 2000. January 2017.



Hamáček in r.



Zeman in r.



Sobotka in r.