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Proposal for Law No 313 /XII

Exhibition of Motives

The XIX Constitutional Government has implemented, throughout the present legislature,

important and significant reforms in the local administration sector, in which they include the

legal regime of local business activity and local shareholdings (RJAEL), approved

by Law No. 50/2012 of August 31, amended by Law No 53/2014 of August 25, the

legal regime of local authorities and the status of inter-municipal entities, approved

in annex to Law No. 75/2013 of September 15, the financial regime of local authorities and

of the inter-municipal entities, approved by Law No 73/2013 of September 3, amended

by Law No. 82-D/2014 of December 31 and the legal regime for financial recovery

municipal, approved by Law No. 53/2014 of August 25.

The implementation of such reforms has originated very positive results, either in the

mastery of the structural adjustment of the municipal sector, either in the balance and

financial sustainability of the local sector.

Naturally, the implementation of reforms of this dimension and intensity can generate

some doubts in respect of the application and interpretation of the diplomas which approved them,

for what it matters to carry out its clarification, mindful of the principle of certainty and security

legal.

It is in this reformist context and the robustness of legal certainty that presents itself to

present proposed law.

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Thus, it clarifies, in RJAEL, that intermunicipalized services can be created not

only by a set of municipalities, but also by intermunicipal entities, so

how to allow these to have as object the organisation and functioning of

units of shared services of the respective municipalities.

The possibility of detention of vocational schools by municipalities and schools is clarified

professionals, by changing the RJAEL and the legal regime of private vocational schools and

public, approved by the Decree-Law No. 92/2014 of June 20.

The framework of the régie-cooperatives, following situations, is enhanced

reported by the municipalities themselves. By identity of reasons, the change consists of

generalizably apply RJAEL to the régie-cooperatives in which entities of the

local administration can exert a dominant influence.

The scope of the concept of farm subsidies for the purpose of dissolution of

local companies, provided for in Article 62 of the RJAEL, limiting them to those assigned by the

participating public entities, to the extent that the goal was to prevent the existence of

local companies that rely mostly on the budgets of their entities

participants, that is, entities of the local administration.

Still for the purposes of Article 62 of the RJAEL, and attentive to the nature of local companies whose

main activity is vocational education and training and its singular framework of revenue,

excel, and only for these situations, the requirement of their sales and benefits of

services to have to cover 50% of the total spending of the respective exercise respects.

It is thus seeking to perfect the conditions for a goal advocated since always

by the Government: the strengthening of the scale of certain municipal interventions and forms of

intermunicipal cooperation.

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It is further clarified to the RJAEL, for the purposes of the implementation of the Tax Code on the

Income from Collective Persons, in what it has to do with the dissolution operations,

merger and transformation of companies carried out pursuant to Chapter VI of the Law

n. 50/2012, and August 31, as amended by Law No. 53/2014 of August 25.

Finally, it proceeds to the introduction of small essay adjustments in Law No. 53/2014, 25

of August, in the sense of improving its operationalization.

The clarifications and proposed legislative amendments contribute to strengthen both the sense

reformist, wants legal certainty in the application of the laws regulating the administration

location, thus allowing the best defence of the public interest.

It was heard from the National Association of Portuguese Municipalities.

Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law, with a request for priority and urgency:

Article 1.

Object

This Law proceeds:

a) The second amendment to Law No. 50/2012 of August 31 laying down the scheme

legal of local business activity and local shareholdings;

b) The second amendment to Law No. 73/2013 of September 3 laying down the scheme

financial from local authorities and inter-municipal entities;

c) To the first amendment to Law No. 75/2013 of September 12, which establishes the scheme

legal of the intermunicipal entities and the municipal associativism, at the first

amendment to the Act No 53/2014 of August 25 approving the legal regime of the

municipal financial recovery by regulating the Municipal Support Fund;

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d) To the first amendment to the Decree-Law No. 92/2014 of June 20, which sets out the

legal regime of private and public vocational schools, in the framework of teaching

not superior, introducing clarifications in the respects regimens.

Article 2.

Amendment to Law No. 50/2012 of August 31

Articles 8, 10, 45, 62, 62 and 66 of Law No 50/2012 of August 31, amended by the

Law No. 53/2014 of August 25, they shall pass the following essay:

" Article 8.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-Intermunicipalized services can be created by entities

intermunicipal or by a set of two or more municipalities,

applying to the same as the provisions of this Chapter.

Article 10.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

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5-Intermunicipalized services may also have as an object to

organization and operation of units of shared services of the

respects municipalities.

Article 45.

[...]

For the purposes of the provisions of this Law, local companies shall be deemed to be

management of services of general interest those that, ensuring universality,

the continuity of the services provided, the satisfaction of the basic needs of the

citizens, local or regional economic and social cohesion and the protection of the

users, and, without prejudice to economic efficiency, in respect of the principles

of non-discrimination and transparency, have exclusively per object

one or more of the following activities:

a) Promotion and management of collective equipment and provision of services

in the area of education, vocational education and training, social action,

culture, health and sport;

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...].

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Article 58.

[...]

1-[...].

2-[...].

3-The provisions of Chapters III and VI apply, with due adaptations, to

régie-cooperatives or cooperatives of public interest in which the entities

public participants may exercise, in a direct or indirect way, a

dominant influence on the reason of the verification of the constant requirements of the

n Article 19 (1).

Article 62.

[...]

1-[...]:

a) [...];

b) When to check that, in the last three years, the contributory weight

of the subsidies for exploitation assigned by the public entity

participant is more than 50% of its revenue;

c) [...];

d) [...].

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

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7-[...].

8-[...].

9-[...].

10-[...].

11-[...].

12-[...].

13-[...].

14-The provisions of the a ) of paragraph 1 shall not apply to local companies which

exercise, by main title, the teaching and training activities

professional.

Article 66.

[...]

1-[ Current body of the article ].

2-A The mandatory disposal referred to in the preceding paragraph shall not apply to the

local holdings in commercial companies that exercise, by title

main, the activities of vocational education and training. "

Article 3.

Addition to Law No. 50/2012 of August 31

It is added to Law No. 50/2012 of August 31, as amended by Law No. 53/2014, 25 of

August, Article 67, with the following essay:

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" Article 67.

Application of the Income Tax Code on Collective Persons ' Income

1-For the Effects of Income Tax on Collective Persons (IRC),

do not compete for the determination of the taxable profit of local companies,

the result of the liquidation as a result of its dissolution, in the terms

provided for in Article 62, nor any result arising from the transfer

of the heritage elements of these companies as a result of the respect

integration or internalization, in the terms provided for, respectively, in the

articles 64 and 65.

2-The merger operations provided for in Article 64 shall apply to the provisions of the

article 74 and following of the IRC Code, with the necessary adaptations.

3-The processing operations provided for in Article 63 shall apply to

Provisions of Article 72 (1) of the IRC Code, with the necessary

adaptations. "

Article 4.

Amendment to Decree-Law No 92/2014 of June 20

Articles 3, 7 and 10 of the Decree-Law No. 92/2014 of June 20, pass to

next essay:

" Article 3.

[...]

[...]:

a) [...];

b) [...];

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c) "Vocational schools of municipal or intermunicipal scope", the

predominantly-vocated educational establishments for the

provision of dual vocational education and training courses in the framework of the

non-higher education, which function in dependence, direct or

indirect, of one or more municipalities or of association of municipalities;

d) [ Previous paragraph (c) ].

Article 7.

[...]

[...]:

a) Authorize the operation of private vocational schools and the

vocational schools of municipal or inter-city scope;

b) [...];

c) [...];

d) [...];

e) [...];

f) [...].

Article 10.

[...]

1-[...].

2-The funding of private vocational schools, as well as schools

practitioners of municipal or intermunicipal scope, it is the responsibility

of the respective proprietary entity. "

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Article 5.

Addition to the Decree-Law No. 92/2014, of June 20

It is added to the Decree-Law No. 92/2014 of June 20, Article 42, with the following

essay:

" Article 42-A. para.

Setting up of vocational schools of municipal or intermunicipal scope

Vocational schools of municipal or intercity are created

by the respected municipal bodies, to remind them to apply, with due

adaptations, the scheme provided for in this diploma for vocational schools

private. "

Article 6.

Amendment to Law No. 73/2013 of September 3

Article 54 of Law No. 73/2013 of September 12, amended by Law No 82-D/2014 of 31

of December, goes on to have the following essay:

" Article 54.

[...]

1-[...]:

a) [...];

b) [...];

c) [...];

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d) Cooperatives and régie-cooperatives, according to the provisions of the

Article 19 and in Article 58 (3) of Law No 50/2012 of 31 of

august, proportional to the participation, direct or indirect, of the municipality,

in the event of non-compliance with the balance of accounts rules

provided for in Article 40 of that law;

e) The cooperatives not provided for in the preceding paragraph and the foundations,

proportional to the participation, direct or indirect, of the municipality.

f) [ Previous point (e) ].

2-[...].

3-[...].

4-[...]. "

Article 7.

Amendment to Annex I to Law No 75/2013 of September 12

Articles 23 and 33 of Annex I to the Act No 75/2013 of September 12 shall have the

next essay:

" Article 23.

[...]

1-[...].

2-[...]:

a) [...];

b) [...];

c) [...];

d) Education, teaching and vocational training;

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e) [...];

f) [...];

g) [...];

h) [...];

i) [...];

j) [...];

k) [...];

l) [...];

m) [...];

n) [...];

o) [...];

p) [...].

Article 33.

[...]

1-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

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h) [...];

i) [...];

j) [...];

k) [...];

l) [...];

m) [...];

n) [...];

o) [...];

p) [...];

q) [...];

r) [...];

s) [...];

t) [...];

u) To promote the provision of dual vocational education and training courses,

in the framework of non-higher education, and support activities of nature

social, cultural, educational, sporting, recreational or other interest

for the municipality, including those that contribute to the promotion

of health and prevention of diseases;

v) [...];

w) [...];

x) [...];

y) [...];

z) [...];

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aa) [...];

bb) [...];

cc) [...];

dd) [...];

ee) [...];

ff) [...];

gg) [...];

hh) [...];

ii) [...];

jj) [...];

kk) [...];

ll) [...];

mm) [...];

nn) [...];

oo) [...];

pp) [...];

qq) [...];

rr) [...];

ss) [...];

tt) [...];

uu) [...];

vv) [...];

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ww) [...];

xx) [...];

yy) [...];

zz) [...];

aaa) [...];

bbb) [...];

ccc) [...].

2-[...].

Article 8.

Amendment to Law No. 53/2014 of August 25

Articles 9, 14, 22 and 52 of Law No. 53/2014 of August 25, go on to have the following

essay:

" Article 9.

[...]

[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

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h) [...];

i) [...];

j) [...];

k) [...];

l) [...];

m) [...];

n) [...];

o) [...];

p) [...];

q) [...];

r) Celebrate protocols with external entities, whenever revs

necessary to the fulfillment of your object.

Article 14.

[...]

1-[ Previous body of the article ].

2-Without prejudice to the provisions of the preceding paragraph, the FAM may proceed to the

recruitment of personnel, where this proves necessary to the

fulfillment of your object.

3-The recruitment to which the previous number is concerned is effected by

recourse to mobility provided for in Articles 92 and following of the General Law of the

Work in Public Functions, approved in annex to Law No. 35/2014, of 20

of June.

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4-The recruitment referred to in paragraph 2 is previously authorized by

unanimous deliberation of the follow-up committee.

Article 22.

[...]

1-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) Transfers from the State Budget;

g) [ Previous point f) ].

2-[...].

3-[...].

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Article 52.

[...]

1-The municipality in the situation of financial sanitation or financial ruture,

in respect of which rebalancing plans have been approved or

financial sanitation prior to the entry into force of this Law, or that

has joined the Local Economy Support Programme, passed by the Law

n. 43/2012 of August 28, may request FAM, within 30 days, to

count of the timing of the verification of the assumptions provided for in paragraph 2 of the

Article 61 of Law No. 73/2013 of September 3 by filling in

of an electro-form to be approved, for the purpose, by the executive direction, the

suspension of the obligation to submit the proposal of PAM.

2-[...].

3-[...].

4-[...].

5-[...].

6-[...]. "

Article 9.

Systematic change

Chapter IV of Decree-Law No. 92/2014 of June 20, passes the following essay:

" Public vocational schools and vocational schools of municipal scope or

intermunicipal ".

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Article 10.

Safeguarding of effects

The provisions of Articles 2, 4 and 7 shall not apply to alienation, dissolution, processing,

integration, merger and internalization of local businesses and divestment of local holdings,

voluntarily or officiously realized at the date of the entry into force of this Law.

Article 11.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of March 19, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs