Act on the Organization and Management of the Landrat (Landrat Act, LRG) (Landratsgesetz, LRG) - Composition, Election, and Term of Office (LRG)

1. Composition, Election, and Term of Office of the Cantonal Council are governed by the Cantonal Constitution, the Election and Voting Act, the Government Act, and the Legislation on the Proportional Election of the Cantonal Council.

1. The constitutional term of office for the Cantonal Council begins on July 1 following the general election.

2. The office of the Cantonal Council and the committees of the outgoing Cantonal Council, as well as the authorities elected by the outgoing Cantonal Council, shall remain in office until the inaugural meeting of the newly elected Cantonal Council.

1. The district council and its committees shall physically convene for their meetings.

2. They shall have a quorum when at least half of their members are present.

3. The rules of procedure pursuant to Art. 60 may provide for exceptions to the physical convening for committees pursuant to Art. 18 para. 1 nos. 1 - 9 and para. 3 as well as Art. 24. It regulates the prerequisites and the procedure.

1. After being elected to the Cantonal Council, each council member must inform the Council Office in writing about

1. their professional activity and their employer;

2. their role in executive and supervisory bodies of economic enterprises and significant corporations, institutions, and foundations of private and public law, especially if this role could directly or indirectly influence their duties as a council member;

3. permanent management and advisory functions for important interest groups and associations;

4. participation in commissions and other bodies of the federal, cantonal, or municipal government.

2. Any changes must be reported in writing at the beginning of each calendar year.

3. Professional confidentiality is reserved.

1. The Duty to Recuse is governed, subject to the following provisions, by Article 22 of the Authority Act.

2. In the event of a dispute, the Cantonal Parliament or the Commission decides.

1. The duty to recuse oneself does not apply during the preparation, enactment, or approval of laws or of generally binding resolutions of the district council.

2. Council members whose personal interests are directly affected by a matter according to paragraph 1 must disclose their vested interests when they speak on the matter. They may submit motions and participate in the voting.

1. Furthermore, a council member is subject to the obligation to recuse themselves, particularly when

1. they are personally involved in a matter as the applicant or as a contracting party;

2. they are a candidate in an election that has been publicly announced for applications.

2. In matters according to paragraph 1, number 1, the council member cannot submit parliamentary motions.

3. If there is an obligation to recuse, the respective council member must disclose the conflict of interest when expressing an opinion on the matter. They may not submit proposals or participate in the vote.

1. Members of the Cantonal Council, the Government Council, the administrative authorities, and the courts cannot be held criminally or civilly liable for their statements in the Cantonal Council or in the committees; they are only accountable to the Cantonal Council.

1. Upon the application of an affected person, the District Council may lift immunity.

2. A criminal investigation, a defamation lawsuit, or a civil proceeding against members of the District Council, the Government Council, the administrative authorities, and the courts may only be initiated once the District Council has lifted immunity with a two-thirds majority of the members present.

3. Applications for the lifting of immunity are to be submitted to the District Council Office. The office presents the request to the District Council along with its recommendation.

4. The District Council Office will not pursue obviously unfounded applications without further action or after consulting the records and a written statement from the affected person; if a member of the District Council Office opposes the decision, the District Council will decide.

1. Disciplinary Law is Governed by the Agency Act.

1. The formation of a faction requires at least five members of the district council; its formation must be communicated to the district council office at the beginning of the legislative period.

1. Compensation of Members of the Regional Council and the Parliamentary Groups is Governed by Administrative Legislation.

1. The files of the district council can be obtained from the district council secretariat, except for the documents that are handled under exclusion from the public; obtaining them is subject to a fee.

2. Proceedings handled under exclusion from the public are not included in the district council minutes accessible to third parties.

1. The duties and powers of the Cantonal Council are determined by the Cantonal Constitution, special legislation, and the following provisions.

2. The Cantonal Council is particularly responsible for

1. Election of the Cantonal Council Office;

2. Election of the Cantonal Governor and the Vice-Governor;

3. Election of the Judicial Presidents;

4. Election of other authorities as well as staff members in accordance with legislation;

5. Enactment of laws and introductory laws to federal regulations;

6. Approval of inter-cantonal agreements;

7. Exercise of the rights to initiative and referendum on federal matters afforded to the canton;

8. Decisions on all expenditures that are mandatory for the canton under federal law, as well as all expenditures authorized to the Cantonal Council by the Cantonal Constitution or by special laws;

9. Establishment of the annual budget and approval of the state financial statements;

10. Exercise of supervisory control over the cantonal authorities;

11. Acknowledgment of the legislative program and the annual planning objectives;

11a. Approval or acknowledgment of the financial plan;

11b. Commentary on planning reports from the Cantonal Government Council;

12. Determination of the cantonal coat of arms;

13. Approval of boundary adjustments with neighboring cantons, subject to the approval of the affected municipality.

1. The District Council Office consists of the presidency, a first and second vice-presidency, as well as one member from each of the factions represented in the District Council.

1. The District Council Office has the following duties and powers

1. Formal preliminary consideration of District Council matters;

2. Preparation of the agenda for the meetings of the District Council;

3. Drafting of election proposals for elections to be conducted by the District Council;

3a. * Assignment of proposals to parliamentary committees and coordination of the work of the parliamentary committees;

4. * Preparation of the elections of staff in accordance with the provisions of personnel legislation;

5. Drafting the "District Council" section of the State budget and approving and monitoring the related expenditures;

6. Drafting the justifications for the voting proposals of the District Council;

7. Decision on the referral back of proposals and parliamentary motions for formal reasons;

8. Preliminary consideration of motions and proposals concerning the District Council;

9. Issuance of statements on complaints against district regulations and decisions for the competent courts;

10. Preparation and submission of applications in disciplinary proceedings;

11. Fulfillment of other tasks assigned to it by legislation.

2. Election proposals pursuant to Paragraph 1, Number 3, may be submitted to the District Council Office by

1. The parliamentary groups for elections to the permanent committees;

2. The parliamentary groups and the Council of Government for the election of the District Governor and the Deputy District Governor;

3. The parliamentary groups for the elections of the Presidents of the Court and other members of the judicial authorities;

4. * The relevant administrative authorities, the Council of Government, and the parliamentary groups for elections to the administrative authorities.

5. * ...

3. The District Council Office does not consider submissions that are manifestly untenable or frivolous; if a member of the District Council Office objects to this decision, the District Council shall decide.

4. Submissions that do not fall under the jurisdiction of the District Council are referred to the competent authority.

1. The President of the Regional Council represents the Regional Council externally.

2. She or he presides over the meetings of the Regional Council and the Council Office.

1. At its inaugural session, the County Council elects for the constitutional term of office

1. the Commission for State Policy, Justice, and Security with 11 members;

2. the Commission for Finance, Taxes, Health, and Social Affairs with 11 members;

3. the Commission for Construction, Planning, Agriculture, and Environment with 11 members;

4. the Commission for Education, Culture, and Economics with 11 members;

5. the Financial Commission with 11 members;

6. the Oversight Commission with 13 members;

7. the Judicial Commission with 7 members;

8. the Bank Audit Commission with 3 members;

9. the Editorial Commission with 5 members;

10. the other standing commissions and administrative authorities, whose election is delegated to the County Council by legislation.

2. Each member of the County Council is to be elected to one of the commissions according to Para. 1 Nos. 1-7, but at most to two of these commissions.

3. The County Council may elect additional standing commissions for specific areas of responsibility.

1. The following individuals cannot be members of the Oversight Commission

1. Members of the organs of autonomous cantonal institutions;

2. Employees of the cantonal administration;

3. Employees of the autonomous cantonal institutions supervised by the Oversight Commission.

2. The following individuals cannot be members of the Judicial Commission

1. Lawyers registered in the cantonal attorney register;

2. Employees of the courts;

3. Employees of the law enforcement agencies.

3. Employees of the cantonal administration cannot be members of the Finance Commission.

1. The permanent specialist commissions pursuant to Art. 18, para. 1, items 1-4 are responsible within their respective areas for the preliminary consultation on proposals for the legislature concerning legislation, financial resolutions, and other resolutions before they are submitted to the Cantonal Council.

1. The Finance Commission supervises the budget management of the canton in accordance with financial household legislation.

2. It specifically examines the legislative program, the financial plan, the annual target planning, the budget, the changes to the service mandate in the sense of the personnel law, the supplementary credits, and the state account.

3. The Finance Commission is responsible for the examination and review of proposals concerning guarantees, the acquisition and sale of real estate of financial assets, as well as the granting of extraordinary contributions and support.

1. The Supervisory Commission examines and monitors, based on accountability reports as well as through its own controls

1. the management of the Government Council and the administration subordinated to it;

2. the management and the annual financial statements of the cantonal autonomous institutions, with the exception of the Nidwalden Cantonal Bank;

3. the fulfillment of the mandates assigned to the Government Council by the Cantonal Council.

2. It may issue binding instructions on the content and format of the accountability reports.

1. The Judicial Commission reviews and supervises the administration of the courts and the public prosecutor's office based on accountability reports and through its own inspections. In this context, it can issue binding directives, particularly regarding the content and format of accountability reports and the publication of judgments.

2. The Judicial Commission is responsible for handling supervisory complaints against members of the courts pursuant to Art. 59 of the Court Act.

3. The Judicial Commission is also responsible for the preliminary examination of

1. Complaints;

2. *...

3. Clemency petitions;

4. Applications for clarifications of the Cantonal Constitution and laws;

5. Petitions.

4. The Judicial Commission does not entertain submissions that are manifestly untenable or frivolous. If a member of the Judicial Commission opposes this decision, the Cantonal Council decides.

1. Drafts that are to be included in the collection of laws must be submitted to the Editorial Commission by the competent authority before deliberation.

2. The Editorial Commission reviews the drafts for language, legislative technique, and consistency with the existing legislation; it revises the drafts based on these criteria without making substantive changes.

3. If the Commission identifies contradictions, ambiguities, or obvious gaps in a draft that necessitate substantive changes, it submits written proposals to the competent authority.

1. The commissions provide comments to the Finance Commission on the budget, the financial plan, as well as the state accounts, and to the Supervisory Commission on the accountability report, insofar as it pertains to their area of responsibility. They can issue co-reports on proposals that have been assigned to other commissions for preliminary consultation.

2. They can request co-reports on proposals from other commissions.

3. They can draw the attention of the Supervisory Commission to circumstances that suggest a review under the framework of supreme oversight.

1. The District Administrator may refer subject matters to a non-permanent commission for preliminary review and submission of proposals.

1. Should occurrences of great consequence arise within the Cantonal Administration (Executive Council or other cantonal executive bodies), the Higher Court, or any autonomous cantonal institution requiring particular clarification by the Cantonal Parliament, it may establish investigation commissions to ascertain the facts and obtain further grounds for judgment.

2. The proposal to establish an investigation commission may be submitted by the Office of the Cantonal Parliament, the Supervisory Commission, the Justice Commission, the Finance Commission, and the Bank Audit Commission; a member of the Cantonal Parliament is entitled to submit a proposal if they have previously requested clarification on the special occurrences through an interpellation and this interpellation has been addressed in the Cantonal Parliament.

3. The establishment is carried out by the Cantonal Parliament after consulting the relevant authority, which, in its resolution, defines the mandate of the investigation commission.

1. The State Chancellery fulfills its assigned staff duties as the general staff office of the Government Council and the Cantonal Council, as well as tasks in the fields of political planning, political rights, official publication of decrees, public information, and archiving.

2. The State Chancellery is headed by the Cantonal Secretary.

1. The District Council Secretariat supports the District Council Presidency, the District Council Office, the district council commissions and their presidencies, as well as the members of the District Council in fulfilling their tasks.

2. The District Council Secretariat is headed by the District Council Secretary.

3. The District Council Secretary is subject to the instructions of the District Council, the District Council Presidency, or the Commission Presidency regarding the matters of the District Council, the District Council Office, and the district council commissions, and is administratively subordinate to the Chief Clerk.

1. After each new election, the Cantonal Council convenes in the month of June for the inaugural session.

2. Otherwise, the Cantonal Council convenes

1. when ordered by the President of the Cantonal Council;

2. when decided by the Cantonal Council or the Cantonal Council office;

3. when at least 15 members of the Cantonal Council demand in writing the convening, specifying the subjects to be addressed;

4. when convening is requested by the Government Council.

1. The session date shall generally be announced in the official gazette at least two weeks in advance.

1. The Right to Request the Agendization of a Matter is Held by

1. the Office of the Cantonal Council and the Standing Committees as well as the Non-Permanent Committees within the scope of their mandate;

2. the Administrative Authorities of Autonomous Institutions within the scope of their responsibilities;

3. each Member of the Cantonal Council and each Committee of the Cantonal Council through the submission of a parliamentary initiative, a motion, a postulate, an interpellation, or a simple inquiry;

4. the Government Council.

2. The Government Council Submits Proposals to the Cantonal Council, insofar as they are not submitted directly by Cantonal Council Committees or by Administrative Authorities of Autonomous Cantonal Institutions.

1. The proceedings of the district council are public.

2. Image and sound recordings require the consent of the district council office.

1. The district administrator may exceptionally exclude the public from a meeting if this appears necessary in the interest of public order or safety or if the protection of private interests justifies it.

2. The processing of clemency petitions is conducted in all cases without public access.

1. The deliberations of the District Council Office and the commissions are confidential; participants shall specifically refrain from disclosing statements made by individuals and their proposals.

2. To the extent that commission members and other participants in commission meetings gain knowledge of statements or documents that fall under official secrecy, they are also bound by official secrecy according to the Public Authority Act.

1. Elections Belonging to the County Council are Conducted by Open Hand Vote, Unless at Least 15 Council Members Request a Secret Ballot.

1. Draft constitutions and laws are debated in two readings, unless the Cantonal Council decides otherwise.

2. For other matters, the Cantonal Council may decide to conduct a second reading after the completion of the first debate.

1. Members of the Government Council attend the meetings of the Cantonal Council.

2. The presidencies of administrative authorities attend the meetings of the Cantonal Council if proposals originating from them or reports concerning them are to be discussed.

3. The presidency of the Supreme Court attends the meetings of the Cantonal Council when the accountability report of the courts or financial business concerning them is to be discussed.

4. They have an advisory vote and the right to submit motions.

1. Each member of the County Council particularly has the right to

1. inspect all documents that have served in the preparation of the matter;

2. express opinions on the matter under consideration and submit motions;

3. submit motions regarding procedural orders;

4. propose candidates for elections;

5. make a personal statement to defend against a personal attack.

1. Speakers who, through their statements or other conduct, violate the respect for the Cantonal Council or its individual members shall be called to order by the Presidium of the Cantonal Council, with a simultaneous warning that their speaking privilege may be revoked.

2. In the event of a repeat offense, the Cantonal Council may, with a two-thirds majority, expel the offending person from the meeting hall for the duration of the matter at hand.

1. The commissions may, within the scope of their mandate

1. inspect all documents related to the subject matter under consideration;

2. demand all necessary information for the fulfillment of their tasks from the relevant administrative authorities or courts;

3. summon members of the administrative authorities or courts, as well as their employees, to provide information, and involve individuals who are not part of the administration;

4. conduct inspections;

5. obtain expert opinions up to an amount of CHF 10,000;

6. hear representatives of interests;

7. carry out consultation procedures.

2. If an administrative authority or a court refuses to provide the requested information or access to documents, the office of the Landrat shall decide after hearing a representative of the administrative authority or the competent court.

1. The Finance Commission, the Supervisory Commission, the Banking Audit Commission, and the Judicial Commission may

1. Conduct inspections, which are usually announced to the competent administrative authority or the competent court;

2. Assign specific control tasks to external experts.

1. The Finance Commission, the Oversight Commission, and the Justice Commission are supported in the fulfillment of their duties by the Financial Control, which is directly available to them as an executive body.

1. The investigation commission shall determine the procedural and personnel measures required in accordance with its mandate.

2. The investigation commission may entrust sub-commissions with the execution of specific tasks.

3. The essential procedural events must be documented.

1. Officials from the administration are obligated to provide truthful information to the investigation commission regarding observations related to the subject of the investigation, which they have made during the execution of their duties and which concern their official responsibilities, as well as to indicate any documents that pertain to the subject of the investigation.

2. The right to refuse to give testimony is governed by the Administrative Procedure Act.

1. The investigation commission is to be provided with all relevant official records upon its request. Individuals who are outside the administration affected by the proceedings are obligated to hand over the documents in their possession to the investigation commission to the extent that they are subject to the duty to testify.

1. Members of authorities, employees, and third parties who are directly affected in their interests by the investigation have the right to attend the questioning of informants and witnesses, pose additional questions, and access the files and interrogation records of the investigation commission.

2. The investigation commission may refuse the right to attend questionings and access files insofar as it is essential in the interest of the ongoing investigation. The relevant evidence may only be relied upon if its essential content has been disclosed to the affected persons and they have been given the opportunity to comment on it and present counter-evidence.

1. Persons providing information and those being questioned are released from official secrecy in every case with respect to the investigative commission, without the need for an official release order.

2. As long as the investigation is ongoing, the commission members and other participants in the commission meetings are not authorized to make statements about the proceedings or preliminary findings.

1. Investigation Committees Report to the District Council and Submit Applications.

1. Applications for pardon may be submitted by the convicted person, their legal representative, and, with the consent of the convicted person, by their spouse or registered partner for all penalties imposed by judgment.

1. Applications for clemency must be submitted in writing and with justification to the District Council Secretariat for the attention of the Justice Commission and must include a request specifying the type of clemency sought.

2. Rejected applications for clemency may only be renewed after a minimum period of six months, unless the District Council has expressly set a shorter or longer period at the time of rejection.

1. The interpretation of the cantonal constitution or a law can be requested by any eligible voter as well as by the cantonal and municipal authorities mentioned in the cantonal constitution, but never in a case pending before a judge.

2. The request for interpretation must be submitted in writing and with justification to the Landrat Secretariat for the attention of the Judicial Commission.

1. Every person is entitled to submit petitions to the district council.

1. Each member of the Regional Council as well as the commissions may undertake parliamentary initiatives.

1. The Parliamentary Initiative requests, in the form of a detailed draft or a general suggestion, the enactment, amendment, supplementation, or repeal of legislative provisions; if the initiative is provisionally supported by at least one-third of the members of the council, it shall be referred by the council to a committee for reporting and making a proposal.

2. The Motion requests the initiation of a constitutional or legislative amendment, or the enactment of a decision falling within the jurisdiction of the cantonal council, or a planning report from the government council on significant planning activities of state functions.

3. The Postulate mandates the government council to examine a subject or measure from the area of responsibility of the cantonal council, the government council, or the administration; it may also require a report on another subject or the establishment of an expert commission.

4. The Interpellation is a request to the government council to provide information on a matter of cantonal interest.

5. The Minor Inquiry is a request for information that the government council must respond to in writing.

6. The Simple Request for Information requires the government council to answer a question of current cantonal interest; the question is answered orally at the next cantonal council meeting.

7. The Remark is a brief statement or suggestion concerning the legislative program, the annual target planning, the financial plan, planning reports, or the accountability report of the government council or an independent cantonal institution.

1. The Law of April 25, 1971, on Cantonal and Municipal Authorities (Authorities Act) is amended as follows: ...

1. The Act of April 26, 1981, on the Proportional Election of the District Council is amended as follows: ...

1. The Law of April 27, 1969, on Veterinary Affairs is amended to read as follows: ...

1. The Introductory Act of April 27, 1975, to Federal Legislation concerning the Federal Supervision of Forest Police (Forest Law) is amended as follows: ...

1. The Introductory Act of April 27, 1986, to Federal Legislation on Environmental Protection (Environmental Protection Act) is newly worded as follows: ...

1. The State Chancellery is authorized, in the maintenance of the Nidwalden Legislative Collection, to replace the following terms in the respective laws, ordinances, and regulations

1. "Standeskanzlei" with "State Chancellery" or "Cantonal Council Secretariat";

2. "Landschreiber" accordingly with "Cantonal Council Secretary".

1. The District Administrator shall establish the additional provisions required for his activities in a set of governing regulations.

2. The governing regulations shall specifically regulate

1. further powers and duties of the permanent commissions;

2. the exceptional access to commission minutes by third parties.

1. The Constituting of the County Council Based on the New Organization of the County Council Office Pursuant to the Amendment of the County Council Act of March 28, 2012, Shall Occur for the First Time for the 2012-2013 Term.

1. This law is subject to the optional referendum; it is to be published in the Official Gazette.

2. It shall enter into force on July 1, 1998, and is to be included in the statute book.

3. All provisions that conflict with it are repealed, particularly the Ordinance of June 24, 1992, on the Organization and Procedure of the District Council (District Council Ordinance).