Act for the Event of Catastrophes and War Events (Emergency Act) (Notstandsgesetz) - Purpose
Table of Provisions (20)
Statutory Text (20 Provisions)
1. This Act aims to ensure the following in times of emergency
1. to guarantee the functioning of governmental and administrative activities as well as public services in the canton and municipalities;
2. to secure the coordination of neighboring and regional aid, as well as cooperation with partner organizations of civil protection in accordance with the Federal Act on Civil Protection and Civil Defense.
1. A state of emergency exists when, as a result of disasters or acts of war, public order and public services can only be maintained through extraordinary measures and means, or when events that impact the population and their environment can only be managed through extraordinary rescue and protective measures.
1. The state of emergency is determined by the Executive Council, subject to paragraph 2, in all cases.
2. The Federal Council is responsible for determining the state of war; if it is no longer able to do so, the Executive Council, and in its absence the Municipal Council, must act according to the situation.
3. After determining the state of emergency, the Executive Council promptly informs the public about the situation and reports to the Cantonal Council on the measures taken at its next session.
1. The governing council is authorized, in the event of an emergency, to summon all suitable and available persons and organizations within the canton for assistance; the scope of service obligation, compensation, and insurance shall be regulated by ordinance.
2. If a summons is issued, the cantonal council must be convened within 20 days; it shall decide on the continuation of the service obligation and its duration.
3. Primarily, the cantonal police and fire services, and secondarily, civil protection organizations shall be summoned; the deployment of those summoned should be organized in shifts whenever possible.
1. In the event of disasters, the government council or the cantonal leadership staff shall have the right to requisition all items needed for assistance; procedures and compensation are to be regulated by ordinance.
2. In the event of acts of war, the federal regulations on requisition shall apply; insofar as they are not applicable or can no longer be implemented, the government council or the cantonal leadership staff shall have corresponding powers.
1. In the event of acts of war, the Government Council shall issue directives to ensure the continuation of governmental activities and take all necessary measures.
1. To ensure the functioning of the government, protective shelters are to be constructed.
2. The district administrator is authorized to freely allocate the funds necessary for the construction of these structures.
1. The Executive Council issues the regulations necessary for the confidentiality of emergency measures.
1. An emergency organization is established, which is subordinate to the government council.
2. The government council ensures the coordination of the preparation and implementation of all necessary measures.
3. If the government council, as a collective authority, is no longer capable of acting, its duties and powers will be taken over by the triad delegation that leads the cantonal leadership staff.
1. The Emergency Organization consists of
1. the cantonal leadership staff, which is led by a tripartite delegation of the government council;
2. the leadership staffs of the municipalities.
1. The government council appoints the cantonal leadership staff.
2. The leadership staffs of the municipalities are designated by the municipal councils.
1. The emergency organization is responsible for the comprehensive preparation and implementation of neighborly and regional assistance, as well as cooperation with the competent territorial command.
2. In the event of an emergency, it assumes the functions of the regular authorities in the canton and municipalities, insofar as these authorities are no longer capable of fulfilling their duties.
1. The deployment of the emergency organization is carried out by order of the government council.
1. During the duration of its deployment, the cantonal command staff is subordinated to
1. the municipal command staffs;
2. the cantonal police;
3. the fire brigades;
4. civil protection;
5. civilian hospitals and emergency hospitals as well as protected surgeries;
6. the cantonal road maintenance service;
7. * the organization of the national economic supply;
8. the information and press service;
9. depending on the situation and needs, additional personnel and civilian resources as well as any military aid assigned for cooperation.
1. The costs of the cantonal management staff shall be borne by the canton.
2. The costs of the management staffs of the municipalities shall be borne by the individual municipalities.
1. In the event of war, the executive council holds unlimited spending authority for the provision of aid.
2. In other cases of emergency, the executive council may incur expenses for aid up to the amount of CHF 200,000; the approval of additional funds falls under the jurisdiction of the legislative council.
1. The final allocation of costs for assistance expenditures shall be determined according to the general principles regarding the duties and responsibilities of the canton and municipalities.
2. The government council shall determine the cost-sharing in individual cases; affected bodies may appeal against its decision to the district council within 20 days, which will make a final decision.
1. Violations of the provisions of this law, as well as decrees and orders based on it, are punishable by a fine; the penal provisions of federal legislation are reserved.
2. In minor cases or in cases of negligence, the competent directorate may waive the initiation of criminal proceedings; it may issue a warning to the person concerned.
1. The District Administrator issues the regulations necessary for the implementation of this law.
2. He may delegate this authority in whole or in part to the Government Council.
1. This law shall enter into force upon adoption by the Landsgemeinde.