Act on Bourgeoisies - Scope

1. The present law establishes the principles of administration and utilization of the communal assets as well as the communal rights.

2. It supplements the legislation on the municipal code with regard to the communal municipalities.

3. It is subject to special legislation, insofar as it is not repealed or amended by the present law.

4. In the present law, the terms "citizen," "applicant," "Valaisan," "fellow Swiss," and "petitioner" refer to persons of both genders.

1. The civic communities bear the name of the resident municipalities. Exceptions are only possible if more than one civic community exists within the area of a resident municipality, or if only one civic community exists within the area of multiple resident municipalities.

1. The Civic Communities

a) grant citizenship and honorary citizenship in accordance with legislation;

b) manage their assets by maintaining and operating communal properties;

c) promote and support works of general interest within their capabilities. In fulfilling these tasks, the municipal and civic communities strive to coordinate their activities while respecting their autonomy;

d) maintain the civic register based on the electronic Swiss civil status register. They also maintain a separate register of honorary citizens.

1. The municipal communities shall provide the natural services stipulated in the legislation concerning roads, rivers, as well as footpaths and hiking trails.

1. The municipal communities shall make financial contributions to other public bodies as provided for in tax legislation and the law on the collection of causal fees.

1. In addition to the existing powers, the municipal assembly deliberates and decides on

a) name and coat of arms;

b) the admission of new citizens;

c) the granting of honorary citizenship;

d) further matters assigned to it by special legislation or the municipal regulations.

1. If the municipality and the citizens' community are administered by the same council, the council may only pass a resolution binding on the citizens' community in the event of a conflict of interest after obtaining the preliminary opinion of the citizens' commission.

1. The Assets of the Civic Communities include all properties and rights that are owned by the Civic Communities.

1. The burgess communities are free to manage their assets and income within the scope of the legislation, provided they fulfill the tasks set forth in Articles 3-5 of this law or act in the general welfare and in the interest of the citizens.

1. Subject to any agreements to the contrary, those buildings of the municipal community (Burgergemeinde) which are dedicated to administration or educational purposes and are required by the resident community (Einwohnergemeinde) shall retain this designation, provided they are not essential for the municipal administration.

2. The resident community and the municipal community shall participate in the renovation and maintenance of these buildings in proportion to their usage share.

1. The citizens' regulations may provide for the benefit of the citizens, provided that it serves public purposes.

1. The citizen communities may specifically

a) provide building and firewood to citizens free of charge or under preferential conditions;

b) grant citizen land for use free of charge or under preferential conditions, with the condition that the beneficiaries personally cultivate it.

2. The citizen regulation sets the conditions for the granting of these usage rights as well as the duration of usage and designates the eligible beneficiaries.

1. The municipal communities may disburse cash to eligible citizens residing in the community at the expense of their accounting surpluses only for social reasons or from considerations of public utility, and only to the extent that their financial situation permits.

1. The civil municipalities are exempt from tax liability on assets and income, insofar as they serve public and cultural purposes.

1. The citizenship is granted upon the application of the applicant and upon the recommendation of the citizens' council by the citizens' assembly.

2. The citizenship is transferred in accordance with the provisions of the federal civil law regarding citizenship.

1. For the granting of citizenship rights, the citizenship regulations may prescribe a residence period of no more than five years.

1. The granting of citizenship to the citizens of Valais and fellow confederates who have been residing in the municipality for 15 years must be facilitated.

2. For the facilitated granting of citizenship, the citizenship regulations may reduce the required duration of residence.

3. If citizenship is denied without valid reason in accordance with paragraphs 1 and 2, the applicant may file an appeal with the Council of State.

1. The naturalization fee, which is indexed to the cost of living and capped at a maximum of 15,000 Swiss Francs, is determined by the municipal regulations.

2. The municipal regulations shall provide for reductions for residents of Valais, spouses of citizens, children, and individuals who obtain citizenship through facilitated procedures as per Article 17. The financial situation of the applicants and the duration of residency in the municipality must also be taken into account.

3. Depending on the financial status of the applicant or if the applicant does not reside in the municipality or has not lived there for at least one year, the municipal regulations may provide for higher naturalization fees. However, this fee shall not exceed ten percent of the annual income, plus one percent of assets.

4. The municipal council sets the naturalization fee and any applicable charges. Its decision can be appealed to the State Council.

1. The civic communities may confer honorary citizenship on individuals who have rendered exceptional services.

2. Honorary citizenship is personal and non-transferable.

3. Honorary citizens residing in the municipality who are from Valais or Switzerland possess the active and passive voting and election rights.

4. Honorary citizenship does not entitle one to the use of the community assets, unless expressly stipulated otherwise by the community regulations.

1. The entry in the register of citizens generally constitutes proof of the acquisition and existence of citizenship rights.

1. The provisions of the Municipal Code Act of November 13, 1980, particularly those concerning autonomy, the general assembly, the convening and deliberations of the municipal council, the president, political rights, administrative principles, the merger and separation of municipalities, the relationship with the residential municipality, state supervision, and legal remedies, also apply to the citizen municipalities. The same applies to the provisions of the Administrative Procedure and Administrative Justice Act of October 6, 1976, and the Elections and Referendums Act of May 17, 1972.

1. The municipal corporations shall enact a municipal regulation or adapt the existing one within two years from the entry into force of this law.

2. The municipal regulation shall specifically include provisions regarding the administration, management, and utilization of municipal assets, the naturalization fee, as well as the honorary citizenship right. It shall ensure legal equality between female and male citizens.

1. Provisions contrary to this law are repealed, specifically

a) the Law on the Recognition of Civil and Municipal Rights of May 1, 1829;

b) the Law on Citizenry of November 23, 1870;

c) the Law concerning the Right of Reversion of Municipal Assets of November 21, 1873;

d) the Law concerning the Municipal Assets Designated for Public Service of November 27, 1877;

e) the Resolution concerning the Enforcement of the Law on Citizenry of April 1, 1871;

f) the Decree concerning the Utilization of Municipal Assets of December 25, 1880;

g) the Resolution on the Organization of the Control of Municipal Accounts of April 1, 1894;

h) the Resolution concerning the Valuation of Land in the Rhone Valley of November 30, 1923.

1. The following enactments are amended

a) the Act on Public Assistance for the Poor dated June 2, 1955;

b) the Act on Public Education dated July 4, 1962;

c) the Resolution concerning the Reorganization of Municipal and Civic Archives dated June 17, 1922;

d) the Tax Act dated March 10, 1976;

e) the Act on Administrative Procedures and Administrative Jurisprudence from October 1976;

f) the Act on the Municipal Code dated November 13, 1980.

2. Article 14, last paragraph of the Stamp Act dated November 14, 1953 is also applicable to the civic communities.

1. Naturalization applications that have not yet been decided upon by the municipal assembly at the time this law comes into effect shall be subject to the new law and will be transferred to the municipal community.

2. ...

3. Upon the entry into force of this amendment, citizens automatically acquire the municipal citizenship that corresponds to their current citizenship status.

1. The State Council determines the date the present law comes into force after its acceptance by the people.