Act on the Merger of Districts and School Districts (Merger Act; FusG) (Fusionsgesetz; FusG) - Scope of Application

1. This law governs the mergers of districts and school communities with one another, the incorporation of school communities by districts, and the prerequisites for these actions.

1. Districts may merge.

2. School communities may merge.

3. Districts may incorporate school communities. For this, territorial coverage must first be established.

1. The corporations shall regulate the necessary provisions for boundary changes in an agreement.

2. Boundary changes require the consent of all affected corporations and the approval of the Great Council.

3. For important reasons, the Great Council may order boundary changes.

1. School districts that no longer operate their own school for a period of five years must join other school districts within the canton. The involved entities shall address the necessary arrangements in a contract.

2. The dissolution of the school district and the incorporation into other school districts require the consent of the involved entities and the approval of the Great Council.

3. If no mutually agreeable solution can be reached among the entities, the Great Council may mandate the necessary arrangements and, if necessary, decree the integration into other school districts.

1. With a fundamental vote in each of the affected entities, the executives are tasked with drafting a merger agreement.

2. The fundamental vote must be approved in each of the affected entities.

1. The contract establishes all necessary provisions for the merger. In particular, it regulates

a) the preparatory bodies and their competencies, notably for budgeting and expenditures, for the period until implementation and new elections;

b) the name, organization, and emblem of the new entity;

c) the procedure for the merger.

2. The contract may provide for a guaranteed seat in the newly elected bodies for the former entities for a maximum of eight years.

3. The contract must be submitted to the State Commission for preliminary examination before the vote.

4. In the case of district mergers, the consent of the Grand Council must be obtained for the contract before the vote.

1. The affected corporations shall simultaneously and separately vote on the merger agreement.

2. Each corporation shall elect its representatives to the preparatory bodies. These representatives are authorized to act on behalf of the new corporation, insofar as it is necessary for the establishment.

1. Each affected corporation must agree to the merger agreement.

2. For important reasons, the Grand Council may order mergers if at least two thirds of the affected corporations have agreed to the merger agreement, subject to the approval of the Landsgemeinde in the case of district mergers.

3. The merger requires the approval of the Grand Council, and in the case of mergers between districts, the approval of the Landsgemeinde.

1. The merged corporation assumes all rights and obligations of the former corporations.

2. Ordinances of the corporations remain in effect. Any conflicts in the regulations must be resolved prior to the merger.

3. The former corporations are deemed dissolved upon the execution of the merger.

1. Free expenditures and disposals with a volume exceeding 10 tax points of a corporation or over CHF 300,000, as well as changes in the tax collection of a corporation, may only be made during an ongoing mandate for the preparation of a merger agreement with the approval of all executives of the corporations involved in the merger. After the decision for the merger has been made, the consent of all corporations is required.

2. For recurring free expenditures, Paragraph 1 applies if the cumulative amount over four years reaches the threshold values mentioned therein.

3. For important reasons, the Grand Council may approve the expenditure, obligation, disposal, or change in the tax collection of a corporation despite the lack of consent from the other corporations.

4. The Grand Council may prohibit improper expenditures, obligations, or disposals and unfounded tax reductions or increases of a corporation during an ongoing mandate for the preparation of a merger agreement.

1. The Standing Commission may grant staggered decreasing equalization payments for a maximum of three years to temporarily mitigate significant fluctuations in the tax rate.

2. The promotion requires that the corporation becomes more efficient through the merger and can operate more economically than before.

1. The provisions applicable to mergers shall apply mutatis mutandis to admission procedures.

2. Admission can only occur once any necessary territorial changes have been completed.

1. The Grand Council enacts the necessary implementation provisions.

1. Article 3, paragraphs 2 to 5 of the School Act of April 25, 2004 are repealed.

1. This law shall enter into force on January 1, 2013.