Regulations on the Rules of Procedure of the Landrat (Landrat Regulations, LRR) (Landratsreglement, LRR) - Register of Interest Ties (LRR)
Table of Provisions (124)
Statutory Text (124 Provisions)
1. The County Council Secretariat shall create a public register of interests based on the information provided by the council members.
2. The County Council Office shall oversee compliance with disclosure obligations.
1. The District Council Secretariat maintains a register of the pending matters before the District Council.
2. This register is to be provided to the members of the District Council at least semi-annually.
1. The oldest member of the district council administers the oath of office or the solemn affirmation to the newly elected members of the district council.
2. The procedure is governed by the legislation concerning the oath of office and the solemn affirmation.
3. Anyone who refuses to take the oath of office or the solemn affirmation shall not be permitted to participate in the proceedings.
1. Members who are absent at the commencement of their term of office or who join the legislative council during the term are sworn in at the beginning of the first council session they attend by the council presidency.
1. Members of the County Council are obligated to attend the meetings of the County Council and the committees to which they belong.
1. The district council members vote without instruction.
2. They cannot be compelled to cast a vote.
1. The Presidium of the District Council admonishes council members orally or in writing who
1. Disregard the regulations of district council legislation;
2. Through their statements or behavior, violate the dignity of the council, individual members, other authorities, or fellow citizens;
3. Seek to gain a private advantage from their office for themselves or others.
2. The Presidium of the District Council may issue a reprimand to a member of the district council in the event of a repeated offense or a serious violation.
1. The decrees and resolutions adopted by the district council, as well as the minutes, are to be signed by the district council president and the district council secretariat.
2. Other documents issued by the district council are usually signed only by the district council secretariat.
1. In the inaugural session, the election of the county council office takes place following the swearing-in.
2. During the legislative period, the election of the county council office occurs at the end of the last session before the summer recess.
3. The election of the presidency and vice presidencies must be conducted in such a manner that all parliamentary groups are considered for the presidency according to their size within two legislative periods.
1. The Office of the District Council Presidium, in addition to its main duties pursuant to Art. 17 of the District Council Act, has the following specific tasks and authorities
1. Convening press conferences;
2. Monitoring compliance with the provisions of the District Council legislation;
3. Supervising adherence to the agenda;
4. Supervising the expeditious handling of business, particularly those matters that have been referred to the Government Council or to a committee.
1. If the Office of the District Council President is impeded, it shall be represented by the First Vice-President and, if they are also impeded, by the Second Vice-President.
2. The same applies if the Office of the District Council President wishes to participate in the deliberation.
1. The vote counters determine the results of the votes and elections; the presidium announces the overall result.
2. The members of the county council office who do not serve as the presidium or vice-presidium act as vote counters.
3. The county council presidium appoints two vote counters from among their number for the duration of one year, as well as a substitute in the event of the absence or recusal of a vote counter.
1. Members of the District Council are entitled to access business documents and cantonal publications free of charge, insofar as they are required for the exercise of their official duties.
1. Each council member is entitled to inspect
1. Files referred to by the consultation documents;
2. Files that have been prepared or received by the cantonal administration during the preparation of legislative and financial proposals;
3. Expert opinions, statistical surveys, and internal administrative investigations on general questions of execution in a specific area of responsibility;
4. General directives on the execution of specific decrees.
2. Members of the Cantonal Council and the Executive Council have the right to inspect the minutes and records of the cantonal council commissions, insofar as they pertain to the proposals of the Cantonal Council.
3. Excluded from the right of inspection are files from which the personal statements of individual members of the Executive Council on a particular matter directly emerge.
4. If there are disagreements regarding the scope of the right to inspect files, the Bureau of the Cantonal Council shall decide after consulting the Executive Council or the relevant commission.
1. Each council member may
1. Obtain information and simple legal advice from the district council secretariat, the state chancery, and the directorates if the information serves to clarify a motion or a parliamentary initiative;
2. Obtain verbal or written factual information concerning administrative activities from the responsible heads of departments.
2. No information shall be provided on matters subject to official secrecy; in case of disagreements, the responsible head of the directorate shall decide.
1. The District Administrator and his commissions request services and information from employees through the mediation of the competent directorate.
2. The permanent commissions may directly contact employees in the course of their oversight activities but shall inform the competent directorate of such contact.
1. The State Chancellery organizes and coordinates the official communication between the Executive Council and the Cantonal Council.
The Cantonal Secretary generally participates in the sessions of the Cantonal Council Office in an advisory capacity.
**1. The District Council Secretariat has the following specific tasks and powers in addition to the main tasks pursuant to Article 27 of the District Council Act:**
1. Management of secretarial tasks and correspondence for the District Council;
2. Record-keeping for the District Council;
3. Public information dissemination in collaboration with the District Council Presidency and the presidencies of pre-consultative district council committees;
4. Provision of advisory documents to the District Council;
5. Issuance of legal advice to committees of the District Council;
6. Provision of factual and simple legal information to District Council members or referral of inquiries to the appropriate directorate;
7. Facilitation of documents for documentation purposes;
8. * Ensuring secretarial tasks for the District Council office as well as for permanent and non-permanent committees; the District Council Secretary designates the responsible staff member.
**2. The District Council and the District Council Presidency may assign further tasks to the District Council Secretariat.**
1. For the administration of the District Council Secretariat, the District Council Secretary has the necessary personnel available within the State Chancellery.
1. The State Chancellery organizes the usher service for the district administrator.
1. The session day is determined by the Office of the District President.
1. The agenda must be published in the official gazette at least two weeks prior to the session date and must be delivered to the members of the County Council and the Government Council along with the consultation documents.
2. In urgent cases, it is permissible to
1. forgo publication in the official gazette;
2. conduct a short-term delivery to the members of the County Council and the Government Council.
1. At the beginning of the session, the number of members present shall be determined by roll call.
1. The proceedings of the County Council are public in accordance with Articles 31 and 32 of the County Council Act.
1. The motion to exclude the public is discussed and voted on without the presence of media representatives and audience members.
1. Audience members are permitted as long as a specific seat can be assigned to them.
1. Audience members who disrupt the council proceedings shall be warned by the district council president and, in case of repeated disruptions, expelled from the chamber.
2. In the case of persistent or organized disruption, the district council president may dismiss all audience members, if necessary with the assistance of the cantonal police; the meeting shall be suspended until the order is enforced.
1. Representatives of the media shall, insofar as possible, be assigned special seating.
2. Representatives of the media who regularly report on the debates of the Landrat shall receive the advisory documents intended for the members of the Landrat, with the exception of drafts that are dealt with in closed sessions.
1. Consultation documents of the District Council can be obtained from the State Chancellery, except for the submissions handled in confidential sessions, as long as they are available; obtaining these documents is subject to a fee.
2. The consultation documents can be subscribed to; the fees and subscription price are determined by the District Council Office. An additional charge covering the cost may be imposed for particularly labor-intensive documents.
3. If the District Council Secretariat refuses to release documents, the District Council Office makes the final decision.
1. The Judicial Commission examines pardon requests pursuant to Articles 48 and 49 of the Landrat Act to determine whether the Landrat is competent to handle them and whether grounds for a pardon exist; information known to the court at the time of rendering the judgment cannot be considered a reason for granting a pardon.
2. The proposal of the Judicial Commission is regarded as the main proposal.
3. The Judicial Commission may provide additional oral reports and proposals before the Landrat.
1. The District President decides on any motion of non-entry without discussion in a secret ballot by an absolute majority.
2. If the petition for clemency is admitted, the members of the District Council may direct questions to the Judicial Commission and submit motions concerning the nature and extent of the clemency. If multiple mutually exclusive motions are submitted, they shall be opposed to each other in an open vote, whereby the motion receiving the fewest votes is eliminated.
3. The prevailing motion shall be opposed to the main motion of the Judicial Commission in a secret ballot; in the event of a tie, the more lenient motion for the petitioner is considered accepted.
1. Decisions of the District Council regarding requests for pardon are communicated to the petitioner in the form of an excerpt from the minutes.
1. Requests for clarification pursuant to Article 50 of the Cantonal Council Law must be submitted in writing and with reasoning to the Secretariat of the Cantonal Council.
2. The Justice Commission reviews the request; the proposal of the Justice Commission is considered the main motion.
3. The Cantonal Council decides after the discussion has taken place; the decision will be communicated to the first signatory in the form of an excerpt from the minutes.
4. Clarification decisions are to be noted in a footnote in the Nidwalden Law Collection under the relevant enactments.
1. The Judicial Commission examines the reasons presented in the petition for their validity and may
1. submit a written report and motion to the Cantonal Council;
2. refer the petition to the Government Council for direct resolution if identical petitions have been submitted in other cantons as well.
1. The district councilor is not obligated to consider the petition.
2. If he considers the petition, he decides on it after holding a discussion.
3. The decision is communicated to the author of the petition by providing an extract from the minutes.
1. The District Council Secretariat convenes the district council for its inaugural meeting following its re-election.
1. The oldest member of the district council opens the meeting and presides over it until after the election of the district council presidium.
2. It appoints two vote counters for the duration of the constituent meeting.
1. The District Administrator determines the agenda after the opening of the meeting.
2. He may decide on changes regarding the order of business, remove items, or supplement the agenda.
1. Once established, no new items of business may be added to the agenda.
2. The District President addresses each item of business individually; parliamentary motions concerning the same subject matter may be discussed together.
3. In addition to the matters listed on the agenda, only announcements from the chairperson, and exceptionally, after prior information to the District Council's presidency, statements from the Government Council as well as personal statements and corrections in accordance with Article 37, number 5 of the District Council Act are permitted.
4. The District Council may decide to adjourn a session.
1. The consultation documents shall be delivered to the members of the County Council together with the agenda or, exceptionally, distributed before the meeting.
2. The consultation documents shall be read aloud to the extent ordered by the presidium or as decided by the County Council.
1. Anyone wishing to speak must report to the District Council Presidium.
2. The representative of the motion has the right to speak first.
Speaking rights are granted based on applications; however, speakers from the commission and factions have priority.
3. Interjections are permitted.
1. If a speaker deviates from the subject matter under discussion or becomes lengthy, after being warned by the district council presidency, the withdrawal of the right to speak shall be threatened.
2. Speakers who, through their remarks or other conduct, violate the respect owed to the district council or individual members shall be called to order by the district council presidency, with a simultaneous threat of withdrawal of the right to speak.
3. After issuing a warning, the district council presidency may withdraw the speaker's right to speak for the business currently under discussion.
1. Motions regarding the adjournment, referral back of a specific provision or the entire matter, postponement of the consideration of a matter, the form of deliberation and resolution, or the other handling of the regulations are considered procedural motions.
2. When a procedural motion is made, the discussion on the main subject is interrupted. Additional procedural motions may be submitted. Only after the discussion and resolution of the procedural motions will the discussion on the main subject be resumed.
3. The voting procedure for multiple procedural motions is conducted analogously pursuant to § 67.
1. The District Council Presidency must determine the conclusion of the discussion in all cases; thereafter, no one may speak on the subject under discussion.
2. If a motion to terminate the discussion is proposed and adopted, the discussion shall be immediately terminated; after the termination of the discussion, motions may still be submitted but not further justified.
1. The District Council Presidency determines the procedure of the district council meeting and the deliberation of proposals within the framework of legislation.
2. The district council decides upon request on objections against the proposed procedure.
1. Matters are submitted pursuant to constitutional and legislative provisions, in fulfillment of special mandates of the Cantonal Council, or on the initiative of the parties entitled to apply in accordance with Article 30 of the Cantonal Council Act.
2. Matters must be submitted to the Cantonal Council Office.
1. **If a matter falls within the jurisdiction of multiple standing committees, the district council office determines which committee shall primarily deliberate on the matter. This decision is generally to be made at the time of initiating the consultation process or when the proposal is forwarded to the district council.**
2. **If the proposal is to be referred to a non-standing committee, the district council office submits the nomination proposal to the district council. Before the district council office finalizes the nomination proposal for a non-standing committee, it provides the parliamentary groups with the opportunity to comment.**
3. **The preparatory committees are entitled to submit motions on non-requested areas along with the proposal; the additions must be justified in a report.**
1. Basis of the Council Deliberation and thereby the Main Motion is constituted by the version of the Applicant pursuant to § 44; the Country Council may designate another version as the basis for the council deliberation.
1. The discussion of a matter is generally initiated with the entry debate. This provides the members of the council with the opportunity to take a fundamental position and to register motions for amendments.
2. Only motions to enter into or not enter into and procedural motions may be submitted; the motion to return the matter is not admissible.
3. If there is only a motion to enter into, entering is considered as decided.
4. If it is decided not to enter into, the matter is concluded. All relevant parliamentary initiatives or motions are thus written off unless the council decides otherwise.
5. Entering is mandatory for elections, state budgets, accounts, accountability reports, business reports, as well as approvals of regulations issued by other bodies.
1. Following the adoption resolution, individual deliberation takes place; the proposal is discussed article by article, paragraph by paragraph, section by section, or clause by clause.
2. Motions for amendments and supplements, for approval and non-approval, as well as procedural motions (§ 42) can be submitted.
1. During the deliberation of a proposal, the preparatory committee, the district council office, or the government council can be given instructions.
1. The district administrator may reconsider resolutions that have already been adopted until the final vote.
2. The applicant shall briefly explain how the proposal is to be amended in the event of reconsideration.
3. Reconsideration is decided with at least 15 votes.
1. A motion is disposed of by deliberation and resolution, by acknowledgment, or by non-admission.
1. Constitutional proposals and laws are discussed in two readings in accordance with Article 35 of the State Parliament Act, unless the State Parliament decides otherwise.
2. For other matters, the State Parliament may decide to conduct a second reading after completing the first discussion.
3. There must be a minimum period of 14 days between the first and the second reading.
1. In the second reading, motions may only be submitted in a formulated form; they must be deposited in writing with the presidency.
2. If motions are submitted during the second reading that do not appear ready for decision, they must either be rejected or the second reading must be interrupted and continued at the next subsequent Landrat session.
1. The state budget and state accounts are discussed according to the institutional structure.
2. Individual motions are voted on immediately after the conclusion of the discussion.
1. If an enactment or a decision adopted by another authority requires approval by the district council, the subject matter of the consultation shall be discussed article by article, paragraph by paragraph, clause by clause, or section by section at the beginning of the individual consultation.
2. Following the discussion pursuant to paragraph 1, the application for approval becomes the subject of individual consultation; only motions for approval or disapproval may be submitted.
1. Reports, particularly the accountability reports of the Executive Council and the courts, as well as the annual reports of independent cantonal institutions supervised by the Cantonal Parliament, are typically discussed and presented by a representative of the submitting authority at the beginning of the individual consultation.
2. The Cantonal Parliament votes on the approval of the reports as well as on mandates to the reporting authority or commission for further reporting.
1. The legislative program, the annual target planning, the financial plan, and the accountability reports are discussed in sections.
2. The preparatory commission and individual council members may submit motions in the form of a note. The note must be submitted in writing to the presidium no later than the beginning of the session.
3. The cantonal council decides on the notes before the final vote. If the proposal is acknowledged, it decides on the notes after the consultation on the proposal is concluded.
1. Planning Reports Include
1. Strategies or Concepts;
2. Preliminary Decisions to Prepare for a Constitutional or Legislative Amendment or a Resolution Falling Within the Competence of the Cantonal Parliament.
2. The Government Council, Based on an Approved Motion, Submits a Planning Report to the Cantonal Parliament. It May Also Submit a Planning Report on Its Own Initiative.
3. For Annotations, § 56a Applies.
4. The Cantonal Parliament May Assign Tasks to the Government Council in Connection with Planning. For Assignments, § 56a Paragraphs 2 and 3 Apply Mutatis Mutandis.
5. The Government Council Takes Into Account the Annotations and Implements the Tasks. It May Depart from Them with Justification and Informs the Cantonal Parliament Accordingly.
6. The Cantonal Parliament Decides with the Final Vote Whether to Approve or Disapprove the Planning Report.
1. The final vote generally takes place immediately after the conclusion of the deliberations on a proposal.
1. If a proposal is disposed of by acknowledgment, no final vote takes place.
2. The Cantonal Council is particularly informed of
1. the legislative program and the annual goal planning;
2. reports from the Government Council, which the Government Council submits to the Cantonal Council as a result of a parliamentary initiative. Planning reports are excluded.
1. The presidium checks the quorum; it suspends the proceedings and orders a roll call if the quorum is in question.
2. If a lack of quorum is determined, the district council adjourns itself.
1. Resolutions are generally made by a show of hands; if a motion clearly receives the required majority, counting may be waived, unless it concerns a final vote.
2. Voting by roll call takes place for all final votes on proposals that are adopted for a mandatory referendum, as well as for other matters if decided by the Cantonal Council. If the Cantonal Council, pursuant to Art. 52a of the Cantonal Constitution, orders a referendum, the final vote by roll call must be repeated.
3. In open voting, the presidency of the Cantonal Council does not vote; in the case of a tie, it casts the deciding vote.
1. A secret resolution is to be conducted
1. for clemency petitions (§ 30 paras. 1 and 3);
2. during the final vote on naturalization applications, provided the vote is based on a substantiated request for rejection.
1. The vote counters ascertain the number of distributed ballots; if the number of collected ballots exceeds that of distributed ones, the vote is void and must be repeated.
2. Ballots shall be declared invalid if they are
1. illegible;
2. failing to clearly express the intent of the voting council member;
3. naming an ineligible person or not referring to a proposed motion under consideration;
4. containing more names than mandates available.
3. The absolute majority is determined based on the collected valid ballots, including the blank ones.
4. The council presidency votes in secret balloting; in the event of a tie, the decision is made by lot, subject to § 30 para. 3.
1. The approval of two-thirds of the present, eligible voting council members is required for the adoption of a valid resolution regarding
1. * ...
2. Expenditures pursuant to Art. 52a para. 1, item 2 of the Cantonal Constitution;
3. Expenditures pursuant to Art. 14 para. 2, item 8 of the Landrat Act, provided that the Cantonal Constitution or specific laws grant authority to the Landrat for the resolution thereof.
1. The absolute majority of the members present is required for the adoption of a valid resolution
1. during final votes;
2. in elections;
3. in cases of termination of discussion (§ 43 para. 2);
4. when addressing a question on applications for pardon (§ 30 para. 1).
2. If the absolute majority is not achieved even after the second vote, the simple majority applies in the third vote.
3. If three or more nominations are made for an election, the procedure is governed by Art. 15 para. 2 of the Government Act[12].
1. In all other cases, a simple majority is sufficient for the adoption of a valid resolution; subject to Article 34 of the Landrat Act as well as § 50 paragraph 3 and § 101 paragraph 1.
1. The district council presidency shall announce the order of the votes to be taken before each voting session, as well as the question underlying each individual vote.
2. If a voting question is divisible, any council member may request its division.
3. The district council must decide on any objections regarding the formulation of the voting question before the voting begins.
1. Votes on subsidiary motions shall be taken before those on motions to amend, and those on motions to amend shall precede the vote on the main motion; as a general rule, the main motion is considered to be the motion submitted by the body that brought the matter before the regional council.
2. If several mutually exclusive counter-motions or motions to amend are proposed, they shall be presented against each other, whereby the motion that receives the fewest votes shall be eliminated; in these cases, each member may only cast a vote for one of these motions.
3. The successful counter-motion or motion to amend shall be put to a vote against the main motion.
4. In all cases, a final vote on the matter shall be conducted.
1. When voting on the approval of business reports and annual financial statements, as well as the discharge of the governing bodies of independent institutions, council members who belong to the administrative body of the respective cantonal institution shall not participate in the voting.
1. In electoral matters, the following motions are permissible
1. for the election of a specific person or for the election of specifically named persons;
2. for the non-election of a person, without naming another person.
2. The motion for election by roll call is excluded.
3. In the election of staff members, the District Office must inform the District Administrator of the names of all candidates who, after examination, possess the eligibility to be elected; it may propose the election of a specific person or leave the selection among the eligible persons to the District Administrator.
1. Elections shall be held at the beginning of each new term except for elections to non-permanent commissions and subject to § 8, unless expressly provided otherwise by legislation.
2. Persons who leave office in the interim shall be replaced for the remainder of the term.
1. The district council appoints the members, the chair, and the secretariat for the authorities and commissions it determines; however, differing provisions of the legislation regarding the election of the chair or the secretariat remain reserved.
2. In renewal elections, the nominees are to be presented for election according to their election age, and in the case of the same election age, in alphabetical order; the new election for the replacement of departing members is to be conducted subsequently.
3. If no more persons are proposed than there are members to be elected, the election or only the renewal elections may be conducted jointly.
4. In the elections of commissions and administrative authorities of independent cantonal institutions, council members who have been proposed may also participate.
1. If a secret ballot is decided upon in a re-election, all members to be confirmed must first be voted on together.
2. There is only one round of voting. Elected is the person who achieves the absolute majority.
1. In the event of a new election where a secret ballot is decided, all newly to be elected members must be presented for election collectively. If a candidate is not elected in an open or secret ballot in accordance with § 72, this person can be proposed for reelection.
2. A maximum of two voting rounds shall be held. An absolute majority is required for the election in the first round, and a simple majority in the second round.
3. If more persons than are to be elected achieve an absolute majority, those with the least number of votes are eliminated.
4. If multiple persons achieve the same number of votes even after an additional voting round, a lot shall decide.
1. The Minutes of the District Council must include
1. the names of the presiding officers, the record keeper, the persons involved pursuant to Art. 36 paras. 2 and 3 of the District Council Act, as well as the absent members of the District Council and the Government Council;
2. the indication of the location, date, and duration of the session;
3. the subjects of the negotiations, the names of the speakers along with the essential content of their statements, and the verbatim text of the motions submitted;
4. the decisions of the Council on the motions;
5. the results of elections and final votes;
6. the number of votes whenever a count is taken during decision-making; in roll call votes, the names of those who voted for approval or rejection or abstained must be evident in the minutes;
7. the enforcement of the obligation to recuse oneself;
8. the disciplinary measures.
2. Parliamentary initiatives must be recorded in the minutes of the District Council session in which the District Council Presidency determines whether they are preliminarily supported by at least 20 council members.
3. Motions, postulates, interpellations, and simple inquiries must be recorded in the minutes of the District Council session in which the proposal is discussed, along with any written position statement; minor inquiries and the Government Council's response must be included in the minutes of the session taking place after the response has been delivered.
1. The minutes must be approved by the district administrator.
1. The proceedings of the district council may be recorded on an audio device; the recordings are used exclusively for the purpose of minute taking.
2. After the minutes have been approved, the recordings shall be erased.
1. The provisions of this regulation regarding commissions shall apply mutatis mutandis to the administrative authorities of autonomous cantonal institutions, insofar as these institutions do not issue their own rules of procedure.
1. When selecting commissions, the District Council ensures the safeguarding of the public interest and avoids a one-sided representation of special interests.
2. The factions have the right to appropriate representation in the commissions.
1. The commissions may appoint a vice-chairwoman or a vice-chairman.
2. Each commission may form committees and assign them specific duties; however, decision-making is reserved for the full commission in all cases.
1. If a commission member is unable to attend a meeting, they must excuse themselves in a timely manner with the presidency or the secretariat; they are not entitled to delegate a substitute to attend the meeting.
2. If a commission member is unable to participate in commission proceedings for an extended period, they must submit their resignation to the commission presidency for the attention of the cantonal council office.
3. For standing commissions, the cantonal council office proposes to the cantonal council the election of a new member, while it undertakes the replacement election for non-standing commissions itself.
1. The head of the competent directorate shall represent the government council in the meetings of the preparatory commissions.
2. The commission's presidency, after consulting with the superior authority, designates the staff members of the administration who will be involved in the commission's meetings with an advisory vote or as informants.
3. The commission may decide on the inclusion of additional persons.
1. The competent directorate provides the committees of the cantonal council with the requested documents and information.
2. Contact with employees is governed by § 15.
1. The Commission Secretariat shall have the following duties in particular
1. Support for the Commission President in planning, preparing, and conducting commission activities;
2. Handling the organizational and administrative communications to the commission members;
3. Keeping the minutes;
4. Sending the required details, communications, documents, and applications to the District Council Secretariat;
5. Drafting any necessary media information;
6. Assisting the commission members.
2. The consultation documents must be delivered to the commission members no later than five working days before the meeting.
1. The commission minutes are generally a resolution minutes.
2. If the commission decides to keep negotiation minutes, these must include the names of the applicants, the motions, and the essential reasons presented for their acceptance or rejection.
3. Every member can request that a statement be recorded verbatim in the minutes.
1. The commission minutes shall be distributed to the commission members and those persons who are involved in an advisory capacity, as well as to those offices entrusted with the execution of the commission's resolutions.
2. The financial control shall be provided with those commission minutes that trigger financial transactions.
1. Commission meetings are not open to the public.
2. The deliberations of the commissions are confidential. Participants shall, in particular, refrain from making statements about the votes and motions of individuals; however, they are entitled to provide interim reports on the main features of the discussion and the resolutions passed to their factions or the institutions that have delegated them.
3. The Legislative Office decides to what extent third parties may, in the interest of legal application or scientific research, gain access to commission minutes after the conclusion of the discussions of the Legislative Assembly, while maintaining confidentiality.
1. The commissions may inform the media about their deliberations.
2. Media conferences are generally led by the commission's presidency; otherwise, the commission determines its representation at the media conference.
1. The procedure in the commissions is governed mutatis mutandis by the provisions applicable to the deliberations in the Landrat.
1. Virtual Meetings are conducted when a physical assembly
1. cannot be conducted, or can only be conducted with difficulty, due to force majeure; or
2. would endanger the meeting participants.
2. The Council Office determines whether the conditions for virtual meetings are met.
3. The Canton must provide suitable technical instruments for the secure conduct of the virtual meeting.
1. During the deliberation, each commission member may express their opinion, make motions, and participate in the voting.
2. Persons with advisory roles may make motions but do not have voting rights.
1. Resolutions are passed by a simple majority of the votes cast.
2. The chairperson votes; in the event of a tie, the chairperson's vote counts twice.
1. A commission may make a circulatory resolution upon request by the presidium or based on a commission decision if
1. a meeting can no longer be conducted in a timely manner;
2. only minor points need to be settled or finalized versions have to be approved and forwarded to the competent authority.
2. The request for a circulatory resolution is sent to the commission members; it is considered accepted if no member raises an objection within the set deadline and requests the convening of a meeting.
1. The commissions submit a proposal to the district council, provided they are not authorized to make their own decision under special legislation.
2. The proposals must be submitted to the district council office within six months of the referral of the matter to the commission. In justified cases, the district council office may exceptionally extend this deadline. The district council shall be informed of any extensions.
3. The proposals may particularly include
1. Entering or not entering;
2. Approval, partial approval, or rejection;
3. Referral back;
4. Waiving further processing of the mandate, or dismissal of the parliamentary motion.
1. Commissions accompany their applications to the District Council with a written report, unless it concerns a straightforward matter.
2. Reports on legislative proposals and financial decisions outline the essential reasons that lead the commission to present a proposal differing from that of the applicant; it lists any minority proposals and their justifications.
3. The report from a commission established as a result of a parliamentary initiative particularly contains statements
1. on the initial situation and the objectives;
2. concerning legislative proposals, on constitutionality and the essential innovations compared to previous law;
3. on the personnel and financial implications;
4. on the consequences for enforcement and the municipalities.
1. The commission may orally supplement the written report in the council or, if no written report is provided, have the report delivered orally by the chair or a member.
1. The District Office, after consulting with the Judicial Commission, submits a nomination proposal concerning judicial elections to the District Council.
1. The Supervisory Commission, the Justice Commission, and the Finance Commission shall conduct the necessary controls and audits; the financial control serves as their executive body.
2. These commissions may
1. Entrust external experts with specific control tasks, within the scope of the credit provided for this purpose in the budget;
2. Engage auditing firms for the examination of the annual accounts of independent cantonal institutions, at the expense of these institutions.
1. The Oversight Commission, the Justice Commission, and the Finance Commission may conduct inspections; generally, an inspection is to be announced in advance to the competent directorate or the competent court.
2. If it identifies deficiencies in management or wishes to issue recommendations, it shall offer the competent directorate or the competent court an opportunity to comment before concluding its deliberations.
3. It conducts follow-up checks to determine whether the identified deficiencies have been rectified and its recommendations have been implemented.
1. The Supervisory Commission, the Judicial Commission, and the Financial Commission shall report to the District Council on the results of their examinations and, if necessary, submit proposals.
2. Where appropriate, they may directly communicate any objections, suggestions, and proposals to the respective authority.
1. The establishment of a Parliamentary Investigation Commission is governed by Art. 25 of the Regional Council Act.
2. The establishment of an Investigation Commission does not hinder the conduct of proceedings concerning disciplinary, proprietary, or criminal liability or internal procedures in accordance with Art. 18-21 of the Personnel Act.
1. The investigation procedure is conducted in accordance with Articles 42-47 of the District Council Act.
2. For the examination of witnesses, the duty to testify, the right to refuse testimony, and the taking of evidence, the relevant provisions of the legislation governing administrative legal proceedings shall apply mutatis mutandis. If it is evident from the commission or from the course of the investigation that an investigation is directed entirely or predominantly against a specific person, that person may only be questioned as an informant. Before any questioning, it must be determined whether the person being questioned must speak as an informant, as a witness, or as an expert.
3. After the conclusion of the investigation and before reporting to the District Council, individuals against whom allegations are made shall be given the opportunity to present their case before the investigating committee.
4. The authority affected by the procedure may express its views on the results of the investigation and the applications in a report addressed to the District Council.
1. With a Parliamentary Initiative, a request can be made in the form of a drafted proposal or general suggestions for the enactment, amendment, supplement, or repeal of constitutional, legal provisions or these regulations.
2. The Executive Office of the Landrat refuses to accept a Parliamentary Initiative if it relates to matters that are already being discussed by a non-permanent municipal committee. If the decision of the Executive Office is contested from within the council, the Landrat decides on the acceptance of the initiative.
1. No later than the third district council meeting following the submission, a decision must be made on whether at least 20 council members provisionally support the Parliamentary Initiative.
2. If there is provisional support, the preliminary committee must be elected immediately.
1. The commission considers the draft if a detailed draft is available; it may request amendments, draft a counterproposal, or request that the council reject the parliamentary initiative.
2. If only a general suggestion is available, the commission prepares a draft.
3. If the commission does not submit its report and proposal within two years, the district council decides whether the deadline will be extended or the initiative will be dismissed.
1. The Government Council may submit a statement to the Cantonal Parliament within six months.
**1. The Government Council shall be instructed by a motion to:**
1. initiate an amendment to the cantonal constitution;
2. initiate the enactment, repeal, or amendment of a law;
3. prepare a resolution, insofar as the Cantonal Council is competent for this;
4. draft a planning report on significant plans for state activities.
**2. Motions concerning the following are inadmissible:**
1. the admissibility of a proposal for a referendum;
2. the reduction or elimination of an approved budget appropriation or the budget as a whole;
3. the approved state financial statement;
4. elections;
5. the granting of cantonal citizenship;
6. pardons;
7. complaints and petitions;
8. opinions of the Government Council;
9. personnel matters concerning individual persons;
10. procedural resolutions.
1. If a simple request for information is submitted to the district council secretariat at least ten days before a district council meeting, it must be answered at the end of the next district council meeting; otherwise, it will be answered at the second subsequent district council meeting.
1. Parliamentary initiatives can be submitted in writing to the Landrat Secretariat at any time; they must be justified. The Landrat Office reviews them for formal correctness. Initiatives can be signed by multiple members of the council. The first signatory is considered the author. Initiatives from commissions must be signed by the chairperson.
2. Initiatives concerning the affairs of the council are sent to the Landrat Office, while the others are forwarded by the Landrat Office to the Government Council. The Landrat President informs the council at the beginning of the council session following the submission about the received parliamentary initiatives.
3. Initiatives can be wholly or partially withdrawn in writing by the author at any time without the consent of the co-signers.
1. The District Administrator may, upon request, declare the consideration of a motion, a postulate, or an interpellation to be urgent.
2. In this case, the Executive Council must provide its statement within two months from the declaration of urgency.
1. Motions, postulates, and interpellations shall be placed on the agenda of the Landrat once the Executive Council has submitted its written statement thereon.
2. The Executive Council is obliged to provide its statement within six months from the referral of the proposal; § 107 remains reserved. If adherence to this deadline is not feasible for compelling reasons, the Executive Council must inform the originator of the proposal as well as the Landrat office of the reasons for the delay in writing.
1. The rationale for the proposal as well as the statement by the government council are presumed to be known.
2. For motions and postulates, the presidency of the legislative council immediately allows for discussion and voting on whether to proceed. In the case of interpellations, the author has the right in all cases to declare whether the written response received is satisfactory or not.
1. Each council member may comment on motions and postulates, with the option to propose acceptance without changes, modification, addition, conversion, or rejection. If a motion or a postulate is divisible in terms of content, the council can deliberate and vote on individual points separately.
2. A discussion takes place for interpellations.
3. Minor queries are not addressed in the council. The government council must respond to them in writing within two months of their submission. Both the query and the response must be delivered to all members of the cantonal council; at the beginning of the next cantonal council meeting, the council presidency confirms the delivery of the query and the response.
4. Simple requests for information are answered orally by the government council; no discussion or decision-making takes place.
1. The district councilor decides, with the final vote, on the approval or rejection of a motion or a postulate based on the wording that emerged from the consultation.
2. No resolutions are passed on interpellations and simple requests for information. The matter is concluded after the declaration of the author or upon conclusion of the discussion.
1. The Executive Council fulfills approved motions and postulates within two years.
2. It fulfills a postulate by providing a report either in a separate document, in one of the two accountability reports following the approval, or within the scope of a proposal. The Landrat office may assign separate reports to a commission for review or examine them itself.
3. The Executive Council annually reports to the Landrat in a special section of the accountability report on motions and postulates that have not yet been nullified.
1. The Governing Council may apply for an extension of the deadline by a maximum of one year up to six months before the expiration of the deadline. If the Cantonal Council rejects the application, the Governing Council is entitled to a processing period of no more than six months following the rejection.
2. The Supervisory Committee examines the validity of the reasons for the deadline extension or the reasons for missing the deadline.
3. It submits an application for a deadline extension to the Cantonal Council. In the case of motions, it may also request referral to a specialist committee or propose the motion's withdrawal.
1. The specialized commission may, for the fulfillment of a motion, directly approach employees of the administration and issue them directives. It shall inform the competent directorate about this. It may also engage external experts.
2. It submits a proposal to the Cantonal Council or requests the motion to be written off.
1. Motions, postulates, and interpellations are withdrawn if their proposer leaves the cantonal council and they are not taken over by another member of the cantonal council by the next council meeting; the takeover must be in the form of a written declaration addressed to the council office.
2. Motions and postulates are to be withdrawn upon the request of the government council or the council office if they have been fulfilled in the meantime.
1. The Executive Council or a district commission may request the discharge of fulfilled motions within the framework of a proposal; the Executive Council can also request the discharge within the framework of the annual report.
2. For postulates that were approved more than three years ago but have not yet been fulfilled, the Executive Council submits a reasoned request for discharge or maintenance in a special section of the annual report.
3. The Supervisory Commission oversees the prompt processing of motions and postulates that were approved more than three years ago.
1. For motions and postulates that have been approved at the time this amendment comes into force, the previous provisions shall apply.
1. This regulation shall enter into force on October 1, 1998.
2. It shall be published in the Official Gazette and included in the collection of laws.
3. All provisions that contradict it are hereby repealed.