Act on Measures for the Event of Disasters and Warfare (Katastrophengesetz) - 1. Purpose
Table of Provisions (20)
Statutory Text (20 Provisions)
1. The Law Ensures Government and Administrative Activities and Public Services in the Canton of Solothurn During Times of Disasters and Acts of War.
1. Disasters are events that affect the population and their environment to such an extent that they can only be managed through extraordinary protection and rescue measures.
2. The determination of the disaster situation is the responsibility of the Government Council.
3. The Government Council shall promptly inform the public about the situation and report to the Cantonal Council on the measures taken at the next session either in writing or orally.
1. The state of warlike events is determined by the competent federal authorities. If the federal authorities are unable to make this determination, the cantonal government, or in its absence, the district or municipal authorities, shall act accordingly.
1. The Cantonal Government is authorized in the event of a disaster to enlist all suitable and available persons and organizations in the Canton of Solothurn for a maximum of 20 days to provide assistance. The call for assistance may be made in any appropriate form. Compensation and insurance are regulated by an ordinance of the Cantonal Government.
2. Primarily, the cantonal police and fire brigades are to be summoned, secondly, the civil defense organizations. Where possible, the deployment of those summoned should be organized in rotation. If the enlistment lasts longer than 20 days, the Cantonal Council must be convened. It is empowered to extend the disaster service obligation according to the disaster situation.
1. In the event of acts of war, the Governing Council shall have the same powers as described in § 4 paragraph 1. As far as circumstances permit, § 4 paragraph 2 shall apply analogously.
1. In the event of a disaster, the competent authorities, subject to federal law, have the authority to requisition all items needed for assistance. Procedure and compensation shall be conducted in analogous application of the federal regulations on requisition.
2. In the case of acts of war, the federal regulations on requisition shall apply. To the extent they are inapplicable or no longer enforceable, the executive council shall have corresponding powers.
1. In the event of a disaster, the government is authorized to expend up to an amount of 1 million francs for aid assistance. If more funds are required, the Cantonal Council is authorized to approve the necessary credits without a public referendum.
2. The final allocation of the costs for the assistance is determined according to the general principles concerning the responsibilities and competences of the public entities in the Canton of Solothurn. In case of a dispute, the Cantonal Government determines the cost allocation. An appeal against this decision may be lodged with the Cantonal Council within 10 days.
1. The Executive Council shall appoint for the preparation and implementation of all measures provided for in this law, in the corresponding enforcement provisions, and in the resolutions of the federal and cantonal authorities
a) a full-time or part-time Commissioner for Civil Disaster and War Preparedness;
b) a Civil Command Staff Canton (Cantonal Command Staff).
2. The municipalities shall appoint a Civil Command Staff Municipality (Municipal Command Staff). With the approval of the Executive Council, several municipalities may join together to fulfill their tasks and appoint a joint staff.
3. The Executive Council may appoint Civil Command Staffs Region (Regional Command Staffs).
1. The appointed representative prepares applications for the measures to be taken, implements the measures decided upon by the competent authorities, and ensures coordination with all directly and indirectly involved cantonal and federal authorities and private organizations.
2. In the event of an emergency, they are to order the necessary immediate measures and have them promptly approved by the government council.
1. The cantonal command staff includes all state officials necessary for the execution of the given tasks.
2. It is divided into sections and is supplemented by various staff services.
3. The government council may also delegate specific staff functions to experts outside of the cantonal administration.
1. The Cantonal Emergency Management Staff is led by the appointed officer.
2. The Government Council may designate special operation leaders for handling disasters, who are subordinate to the appointed officer.
1. The Cantonal Executive Staff prepares everything necessary for emergencies during normal times and operates according to the instructions of the Government Council in case of deployment.
2. The Cantonal Executive Staff takes all necessary measures to remedy the situation, has at its disposal the personnel and material resources, and submits proposals to the Government Council as needed. It coordinates the aid measures in the disaster area and implements the decisions of the Government Council.
1. The government council may delegate tasks of the cantonal command staff to regional command staffs if the nature and extent of the disaster or military events justify it.
2. In normal times, the formation of regional command staffs is to be appropriately prepared by the cantonal command staff.
1. The Governing Council designates the responsible department and regulates the subordination of the Commissioner and the management of the Secretariat for the Commissioner and for the Cantonal Leadership Staff.
2. It determines the compensation of the members and officials.
1. The Government Council issues directives regarding cooperation within the framework of coordinated services, particularly in the areas of medical services, NBC (nuclear, biological, chemical) protection, veterinary services, transportation, communications, supply, and requisition.
1. In the event of acts of war, the government council shall issue precautionary directives and take all necessary measures.
2. To ensure the operation of the government and the cantonal leadership staff, alternative premises must be made available in a suitable location within the canton. The cantonal council is authorized to approve the necessary credits for this purpose, excluding the financial referendum.
1. Non-compliance with the instructions and orders of the authorities responsible under this law, in particular non-compliance with the summons to provide assistance, is punishable under the relevant provisions of the Swiss Criminal Code, particularly Article 292 (Disobedience to official orders). Further penal provisions of military criminal law or emergency decrees by the competent federal authorities remain reserved.
1. All measures and arrangements related to the Executive's war organization are confidential. Breach of confidentiality is punishable under Article 293 of the Swiss Criminal Code.
1. The Executive Council is authorized to issue all the necessary regulations for the implementation of this law, insofar as the Cantonal Council is not competent.
1. The law shall enter into force on a date to be determined by the Executive Council.