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Second Amendment To Law No. 53-E/2006, Of 29 December, Approving The General Scheme Of Fees Local Authorities

Original Language Title: Segunda alteração à Lei n.º 53-E/2006, de 29 de Dezembro, que aprova o regime geral das taxas das autarquias locais

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Draft Law No. 93 /XI/1.

Amendment to the General Regime of Local Authorities Rates,

Law No. 53-E/2006 of December 29

Exhibition of reasons

The General Regime of Local Authorities ' Fees, Law No. 53-E/2006, 29 of

December, came into force on January 1, 2007.

However, Article 17 of the cited legal regime provided for the revocation of the

fees, covered by this law, existing to January 1, 2009-except if

the regulations of the respective authorities were approved or amended

on the terms in Law itself 53-E/2006.

Article 53 of the Law No. 64-A/2008 of December 31-Budget Law of the

State for 2009, extended by one 1 year the deadline of the entry into force of the already

referred to Article 17º of the Law No. 53-E/2006-passing the vigour from 1 of

January 2010.

The weighting on the date of entry into force of the said Article 17 of the

General Regime of Local Authorities Rates cannot fail to be

linked to two key factors that occurred in the year 2009.

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In the first place, many municipalities and freguesias have felt difficulties in the

adaptation to this diploma, particularly in the clearance of costs

concrete from the rates in the headquarters of analytical accounting. Without this clearance

of concrete costs and without the adaptation to the methods of accounting

analytics, it is not possible to guarantee respect for the principle of equivalence

legal of fees.

On the other hand, the year 2009 proceeded in a climate dominated by the acts

election in the country.

Add to that the 2009 municipal elections determined changes in 52

municipalities of the country, so the activity of municipal executives was

significantly marked by the electoral and pre-election periods.

The National Association of Portuguese Municipalities (ANMP) and the Association

National of Freguesias (ANAFRE), have publicly revealed concerns

founded on this matter. Listening to the current context of the authorities

locals, we judge imperious to amend Article 17 of the General Regime of the Rates of the

Local Authorities, Law No. 53-E/2006 of December 29.

Thus, appropriate legislative initiatives must be adopted to correspond

to the difficulties experienced by the new municipal executives who recently

have entered into roles and by all the remaining executives who have previously already

unveiled attentive technical difficulties adapting to the methodology

accounting required.

This legislative initiative also guarantees the application of this amendment

already from the January 1, 2010.

In these terms,

Under the applicable regimental and constitutional provisions, the

Lower-signed Members of the Socialist Party Parliamentary Group

present the following Draft Law:

Single Article

Article 17º of the Act No 53-E/2006 of December 29 shall be amended.

to be replaced by the following:

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" Article 17.

Transitional arrangements

The fees for currently existing local authorities are repealed in the

day April 30, 2010, save if, until this date:

a) The current regulations are in accordance with the legal regime here

willing;

b) The current regulations are amended in accordance with the scheme

legal here envisaged. "

Palace of Saint Benedict, December 4, 2009.

The Deputies,