Amendments To The Law "on State And Local Government Financial Resources And To The Prevention Of Waste"

Original Language Title: Grozījumi likumā "Par valsts un pašvaldību finanšu līdzekļu un mantas izšķērdēšanas novēršanu"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/217936

The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on State and local financial resources and prevention of wasting" make law "on State and local financial resources and to the prevention of waste" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1995, no. 17; 1997, no. 5; 2001, 24 No; 2002, nr. 14; 2008, 8, no 24, Latvian journal, 2009, nr. 157.) the following amendments 1. in article 3: turn off the title, the words "State and local government";
replace the words "and national or local enterprises, as well as enterprises in which the State or a municipality part share capital exceeds 50 individually or in general interest" with the words and figures "State or municipal enterprises, as well as enterprises in which the State or a municipality part separately or as a whole share capital exceeds 50 percent, and enterprises, in which one or more national or municipal corporation portion of the share capital exceeds 50, individually or as a whole percent (hereinafter the Corporation)".
2. in article 4: replace the first paragraph, the words "and the number of State or municipal corporation or a corporation in which the State or a municipality part of share capital or total separately more than 50 per cent" with the word "Corporation";
replace the second paragraph, the words "and the number of State or municipal enterprises, as well as enterprises in which the State or a municipality part of share capital or total separately more than 50 per cent" with the word "Corporation";
make the third paragraph (1) of the following: 1) where the Corporation issued loans and give guarantees and warranties, the above assessment of their compliance with the seventh part of this article in and receive a written authorization from the State, a municipality or a public or municipal Corporation-owned capital holder; ";
turn off the third-part 2;
off the seventh paragraph, the words "and against their proceedings are not actions for the recovery of the debt";
adding to the seventh paragraph of the text by the following: "as well as being assessed in the previous calendar year, the Corporation's activities, loan, guarantee or warranty of usefulness and impact on the Corporation's future operations."
3. in article 5: make the first paragraph by the following: "(1) State and local goods prohibited from transferring to other persons to use a royalty.";
to complement the second part with a new paragraph 5 as follows: "5 things) a national public authority or authorities in the municipality served by an individual delegated the tasks of public administration or a State or local government service provision;";
consider the current paragraph 5 the second subparagraph of paragraph 6.
4. To supplement the law with article 5.1 by the following: ' article 5.1. The rules on the transfer of the assets of a capital company a royalty-free use, in addition to other cases under this law, the provisions of article 3 of the transfer of property of a corporation a royalty-free use may be considered appropriate, a corporation can be put in use in municipalities for a royalty, the State or local government authority, as well as the other corporation or another person delegated the tasks of public administration or national or local services. "
5. To supplement the law with article 5.2 as follows: "article 5.2. Terms of use of road transport (1) in addition to this Act and other legislation provisions on the treatment of State and municipal property also substantially in accordance with this article are provided for State and local road use.
(2) local, State or municipal institution, owned, or use an existing road, including the operational transport, can only be used by professional, work, Office (job responsibilities).
(3) use the Road work is the use of road transport, which requires the officer's or employee's work duties, ensuring local authorities or public or local authority.
(4) For the use of road work was also considered its use in the following cases: 1) the officer or employee's job responsibilities are associated with the need to provide him an opportunity at any time to return to the job duties or job duties necessary to provide a special urgency in order, also, to prevent emergency situations and their consequences, threats to public health or safety;
2) officials or employees on duty to provide for the filling of a nature area, which for objective reasons cannot be reached by public transport or road use;
3) are protected the safety of public officials;
4) officer or employee is taken from the place of employment to the place of residence or of the place of residence to the place of work, if the objective reasons of public transport services, it is not possible to use or its use makes it difficult to work effectively.
(5) in order to ensure the implementation of the provisions of this article, local government, State and local authorities issued regulations on the use of road transport procedures, determining also the persons who, pursuant to the provisions of this article may be used for the road. "
6. To make article 6 by the following: "article 6. Ban State and local governments put in service, the property through a third party mediation of the local authorities, State and local authorities, as well as corporations be prohibited from using third parties, put a State or municipal property usage in other municipalities, State and local authorities or enterprises. These provisions do not apply to cases where the State or local tenant property rental rights acquired by public auction. "
7. To supplement the law with article 6.2, the following: "article 6.2. National real estate management (1) national real estate management is the possessor of the property task, which includes the obligation to keep the property use and maintenance (physical conservation throughout its working life) according to the requirements of the law and promote its improvement.
(2) national real estate property administration of the possessor shall ensure, directly or directly, asking the Administration to take action on your body or subordinated to the State Corporation, which main activity is the management of real property. The Cabinet of Ministers shall determine the functioning of the Administration, as well as asking national real estate management activities, which may be the subject of public bodies or private-law bodies.
(3) national real estate management principles and procedures, as well as the order in which we collect information about the State of real estate management, established by the Cabinet of Ministers.
(4) the third paragraph of this article shall not apply in respect of State property, which passed the port authority in possession, as well as in other cases determined by the Cabinet of Ministers. "
8. To make article 7, the first paragraph by the following: "(1) State and local government property is prohibited to dispose of obviously reduced price."
9. Article 8 shall be expressed by the following text: "local authorities, State and local authorities, as well as corporations to buy prohibited possession or use of property, or order services or jobs for the obvious increase in price."
10. Article 9: turn off the title, the words "State and local government";
make the second paragraph as follows: "(2) a corporation the shares of which are owned by the Government, a municipality or a State or a municipal corporation, allowed to pledge, if you have a State, municipality or State or municipal Corporation-owned capital holder's consent and permission of the Minister of finance, except where the law or the statutes stipulated the prohibition of pledging shares."
11. To supplement the law with article 9.2 as follows: "article 9.2. Limits ordered studies of the municipal, State and local authorities, ordering research, this statutory restrictions and prohibitions, public procurement law and other legislation. Local government, State and local authorities, classification, research and development management rules, the minimum requirements for research and development, as well as the requirements for the dossier to the public shall be determined by the Cabinet of Ministers. "
12. Express article 10, second subparagraph by the following: "(2) a corporation and 11 of this law, in accordance with the procedure laid down in article 12 of the financial funds or property may be gifted (donate), if the following conditions occur simultaneously: 1) donations (donation) for culture, the arts, science, education, sports, environmental, or health, as well as the promotion of social assistance;
2) there is a possibility to control the gift (donation);
3) where a corporation donation (donation) is paid by the State or the municipality of all taxes and salaries paid to employees;
4) Corporation in a previous one has worked with profit. "

13. Express article 11 by the following: ' article 11. Donation (donation) (1) the Corporation presents (donation) may take no more than 20 percent from the previous year's profit.
(2) If an individual donations (donations) shall not exceed 1000 lats, the decision on granting the Executive the relevant Corporation.
(3) If an individual donations (donations) amount exceeds 1000 lats or calendar year made donations (donation) total for one gift (donation) to the recipient exceeds the 1000 lats, donation (donations) may only be granted by the Minister of Finance: 1) authorization if it wants to grant national corporation or a corporation in which the State's share capital exceeds 50 percent, as well as the Corporation, in which one or more countries in the proportion of the share capital of the Corporation, individually or in aggregate exceed 50 percent;
2) the local Government Council authorization if it wants to be granted a municipal corporation or a corporation in which the municipal share capital exceeds 50 percent share, as well as the Corporation, in which one or more municipal corporation portion of the share capital in aggregate exceed 50 individual or interest;
3) the Minister of finance and the Municipal Council authorization if the Corporation's share capital State and local parts does not exceed 50 percent, but their owned capital exceeds 50 percent, and where several public or municipal corporation portion of the Corporation's share capital exceeds 50 percent separately, while the owned capital exceeds 50 percent.
(4) in order to get this article referred to in the third paragraph, the Corporation justifies the gift (donation) compliance with this law, article 10 and 11 of the said conditions and efficiency. To get that authorization of the Corporation, it must first be given to the State, a municipality or a State or local government-owned corporation to shareholders. "
14. in article 12: replace the first paragraph, the number "500" with the number "1000";
replace the fourth subparagraph, the words ' concluded a municipal company, incorporated companies or company "with the words" Municipal Corporation "has concluded.
15. transitional provisions be supplemented with point 7 by the following: "7. The Cabinet of Ministers no later than 1 January 2011 issue to this law, the provisions referred to in article 6.2."
The Parliament adopted the law in 2010 on September 2.
President Valdis Zatlers in Riga 2010 V. 17 September