Legislator Case Law & Legislation
171.1 KRGLGC CH-ZH

Cantonal Council Act (CCA) (KRG)

151 Articles / Provisions · Switzerland · Canton of Zurich
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Table of Provisions (151)

Art. 1 Art. 2 Art. 3 Art. 4 Art. 5 Art. 6 Art. 7 Art. 8 Art. 9 Art. 10 Art. 10a Art. 10b Art. 11 Art. 12 Art. 13 Art. 14 Art. 15 Art. 16 Art. 17 Art. 18 Art. 19 Art. 20 Art. 21 Art. 22 Art. 23 Art. 24 Art. 25 Art. 26 Art. 27 Art. 28 Art. 29 Art. 30 Art. 31 Art. 32 Art. 33 Art. 34 Art. 35 Art. 36 Art. 37 Art. 38 Art. 39 Art. 40 Art. 41 Art. 42 Art. 43 Art. 44 Art. 45 Art. 46 Art. 47 Art. 48 Art. 49 Art. 50 Art. 51 Art. 52 Art. 53 Art. 54 Art. 55 Art. 56 Art. 57 Art. 58 Art. 59 Art. 60 Art. 61 Art. 62 Art. 63 Art. 64 Art. 65 Art. 66 Art. 67 Art. 68 Art. 69 Art. 70 Art. 71 Art. 72 Art. 73 Art. 74 Art. 75 Art. 76 Art. 77 Art. 78 Art. 79 Art. 80 Art. 81 Art. 82 Art. 83 Art. 84 Art. 85 Art. 86 Art. 87 Art. 88 Art. 89 Art. 90 Art. 91 Art. 92 Art. 93 Art. 94 Art. 95 Art. 96 Art. 97 Art. 98 Art. 99 Art. 100 Art. 101 Art. 102 Art. 103 Art. 104 Art. 105 Art. 106 Art. 107 Art. 108 Art. 109 Art. 110 Art. 111 Art. 112 Art. 113 Art. 114 Art. 115 Art. 116 Art. 117 Art. 118 Art. 119 Art. 120 Art. 121 Art. 122 Art. 123 Art. 124 Art. 125 Art. 126 Art. 127 Art. 128 Art. 129 Art. 130 Art. 131 Art. 132 Art. 133 Art. 134 Art. 135 Art. 136 Art. 137 Art. 138 Art. 139 Art. 139a applies until the amount of CHF 1 million is exhausted Art. 139a Art. 140 Art. 141 Art. 142 Art. 142a Art. 143. Die nachstehenden Gesetze werden wie folgt geändert: : Kantonsratsgesetz (KRG) Art. 144. The Cantonal Council Act of 5 April 1981 is repealed. Repeal of: Cantonal Council Act (KRG) Art. 145. 1 This Act is subject to an optional referendum. Referendum Art. 146. 1 This Act comes into force on 1 May 2020, with the exception of the entry into force of

Statutory Text (151 Articles)

1 The Cantonal Council represents the people of the Canton of Zurich Function and

vis-à-vis the other cantonal authorities.

Subject Matter

2 This law governs the rights and duties of the Cantonal Council

members, the procedure within the Cantonal Council, as well as the procedure of the Cantonal

Council with other authorities and with third parties.

1 The Cantonal Council shall convene for its constitutive meeting between the seventh and eleventh week after the election.

2 It shall verify the election result and constitute itself as soon as it is able to conduct business and make decisions.

The Cantonal Council is competent to deliberate and make decisions when the majority of its members are present.

1 **Taking Office as a Member of the Cantonal Council or Taking Office and

the Government Council Occurs Upon Swearing the Oath of Office:**

**Oath of Office**

"I swear, as a member of this Council, to uphold the Constitution and laws of the Confederation and the Canton of Zurich, to protect the rights of individuals and the people, and to preserve the unity and dignity of the state. I will conscientiously fulfill the duties of my office."

2 The oath of office is sworn with the words "I swear it."

In case of inability to appear, the oath of office shall be obtained in writing.

3 If a member of the Cantonal Council or the Government Council refuses to swear the oath of office, their seat shall be considered vacant.

The term of office ends

a. in the case of renewal elections, with the constitution of the newly elected Cantonal Council,

End of Term

of Office

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Law on the Cantonal Council (KR G)

b. in the case of premature resignation during the term of office, with the assumption of office by the successor, provided that the Cantonal Council has approved a request for premature resignation.

Meetings

1 The Cantonal Council generally meets weekly.

2 The President of the Cantonal Council convenes the Cantonal Council. The Steering Committee, the Government Council or

30 members of the Cantonal Council may request a convocation.

Publicity

1 The sessions of the Cantonal Council are public. Verbatim minutes shall be kept.

2 The motions and reports submitted to the Cantonal Council by its organs, the enactments, and the resolutions of the Cantonal Council shall be published.

3 The Cantonal Council shall restrict or completely exclude the public nature of its sessions and the publication of documents when overriding public or private interests so require.

Rights

of Cantonal

Council Members

a. Rights to propose motions,

express opinions,

and inspect documents

b. Immunity

c. Remuneration

Part 2: Rights and Duties of Cantonal Council Members

Every member of the Cantonal Council may

a. submit motions, parliamentary initiatives, and nominations,

b. make proposals regarding items for deliberation, the agenda, rules of

order, or procedure,

c. take the floor within the framework of the rules established by the

Cantonal Council Rules of Procedure of 25 March 2019,

d. inspect committee minutes and files, unless they are subject to committee

secrecy.

The members of the Cantonal Council and the Government Council may express themselves freely, orally and in writing, at meetings of the Cantonal Council and its organs, and may not be prosecuted therefor.

1 Members of the Cantonal Council receive compensation for their parliamentary work. The compensation is adjusted for inflation at the beginning of each legislative period.

2 The President and Vice-Presidents of the Cantonal Council receive an additional lump-sum allowance.

Cantonal Council Act (KRG)

171.1

3 The Cantonal Council regulates the details of compensation in an ordinance, particularly the rates for meeting allowances, lump-sum compensations, and flat-rate expense allowances.

20 1 The Canton insures the Members of the Cantonal Council until the d. Occupational

completion of their 65th year of age against the economic consequences of Pension

old age, death, and disability with the BVK Staff Pension Fund of the Canton of Zurich

(BVK). The insurance is voluntary for Members of the Cantonal Council who

are primarily self-employed.

2 The Canton finances three-fifths of the savings and risk contributions

and five-sevenths of any restructuring contributions.

3 A resignation from the Cantonal Council before the completion of the

65th year of age does not result in any special benefits.

4 The benefits according to para. 2 relate to the AHV-liable annual salary

including attendance fees, provided that this salary amounts to more than

half of the maximum annual AHV old-age pension according to the Federal

Legislation on Old-Age and Survivors' Insurance18. The benefits also relate to

the coordination deduction, which takes into account the flat-rate determined

time expenditure for the parliamentary mandate.

20 1 Members of the Cantonal Council who waive voluntary insurance or

whose annual salary does not exceed half of the maximum annual

AHV old-age pension, receive at the end of each term of office,

instead of the benefits pursuant to § 10a, a pension contribution in

the amount of the employer's contribution pursuant to § 10a para. 2 on the annual

salary pursuant to § 10a para. 4.

2 Members of the Cantonal Council whose annual salary does not exceed half of the maximum

annual AHV old-age pension, but who are members of the BVK due to another

insured activity, shall be insured in accordance with § 10a.

e. Exceptions

from occupational

pension provision

The members of the Cantonal Council are obliged to attend the meetings of the Cantonal Council and its organs.

Duties of

Cantonal Council

Members

a. Meeting

Attendance

The Cantonal Council members shall maintain parliamentary decorum. In particular, they shall refrain from offensive remarks and shall not disrupt the Cantonal Council proceedings through their conduct.

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b. Parliamentary decorum

c. Confidentiality

d. Disclosure of interests

e. Recusal

Cantonal Council Act (KRG)

The members of the Cantonal Council are bound to secrecy if, as a result of their official activities, they become aware of facts whose disclosure is opposed by an overriding public or private interest in accordance with § 23 of the Information and Data Protection Act of 12 February 20076, or if a special provision so stipulates.

1 Members of the Cantonal Council disclose the following existing interests

a. professional activities,

b. activities in management and supervisory bodies of corporations, companies, institutions, and foundations under private and public law, domiciled in Switzerland or abroad,

c. ongoing management and advisory functions for communal, cantonal, Swiss, and foreign interest groups,

d. participation in commissions and other bodies of the Confederation, the Canton, and the municipalities.

2 The interests are published on the digital platform of the Cantonal Council.

3 If an agenda item directly concerns the personal interests of a Cantonal Council member, they must declare this interest when speaking on the matter in the Cantonal Council or its bodies.

1 Cantonal Council members shall recuse themselves if they are directly and personally affected by an item of deliberation

a. in their own matter,

b. in matters concerning a person closely related to them by marriage, registered partnership, kinship, affinity, or in a similar manner,

c. in matters concerning a corporation, company, institution, or foundation, with the exception of municipalities, in which they exercise a management function or for which they perform an advisory function.

2 The recusal does not apply, in particular, to elections and items of deliberation concerning enactments, the budget, or credit resolutions. The challenge of one's own election is an exception.

3 Cantonal Council members shall report the grounds for recusal to the President of the Cantonal Council before the start of the deliberation.

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Part 3: Organs of the Cantonal Council

Overview

1 Organs of the Cantonal Council are, in particular

a. the President of the Cantonal Council,

b. the Management Board,

c. the Administrative Delegation,

d. the Information Delegation,

e. the Commissions and their sub-commissions,

f. the Inter-factional Conference,

g. the Editorial Commission,

h. the Factions.

2 The Cantonal Council may define further organs in the Cantonal Council Rules of Procedure.

3 The provisions regarding the commissions apply mutatis mutandis to the other organs pursuant to para. 1 lit. b-g.

1 The Cantonal Council shall annually elect from among its members the Cantonal Council President.

Cantonal Council Presidency

2 The re-election of the incumbent Cantonal Council President is only permissible if they have not yet served a full year in this office.

3 The Cantonal Council President shall

a. preside over the meetings of the Cantonal Council, grant the floor, and impose disciplinary measures on Cantonal Council members;

b. exercise the right of domicile during the sessions of the Cantonal Council;

c. represent the Cantonal Council externally on behalf of the Executive Board and perform representative duties;

d. preside over the Executive Board, the Administration Delegation, and the Information Delegation in particular.

a. Cantonal Council President

1. **Vice-Presidents**

The Cantonal Council annually elects from among its members one member each as first and second Vice-President. The outgoing President of the Cantonal Council is not eligible for election.

2. The first Vice-President assumes the duties of the President of the Cantonal Council if the latter is absent, recused, or wishes to speak on the matter.

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Cantonal Council

Secretariat

Management

a. Composition

b. Duties

Cantonal Council Act (CCA)

1 The Cantonal Council shall annually elect three Cantonal

Council Secretaries from among its members.

2 The Cantonal Council Secretaries shall have the

following tasks in particular

a. Receipt of motions, parliamentary initiatives, and

proposals,

b. Attendance control in the Cantonal Council,

c. Chairmanship of the tellers.

3 The Executive Board may assign them additional tasks.

1 The Management Board consists of the following members

a. President of the Cantonal Council,

b. Vice-Presidents,

c. Secretaries of the Cantonal Council,

d. Presidents of the parliamentary groups.

2 The Cantonal Council elects further members if the number of 15 members has not been reached. § 26 para. 3 applies mutatis mutandis.

3 If a member of the Cantonal Council Presidency belongs to a parliamentary group that is entitled to at most one seat on the Management Board due to its size, the Management Board can be expanded by the corresponding number of seats.

1 The Executive Board

a. determines the subject areas of the standing committees within the scope

of the competencies defined by the Cantonal Council's rules of procedure,

b. assigns the Cantonal Council's deliberation items to its organs

for reporting and making proposals or for decision-making,

c. receives supervisory submissions and can also assign these to the Om-

buds office,

d. is, outside of the Cantonal Council sessions, the procedural and

coordinating body of the Cantonal Council,

e. represents the Cantonal Council externally,

f. reports and makes proposals to the Cantonal Council on deliberation

items concerning its organization, procedures, and finances,

g. decides on requests for inspection of the minutes and files

of the Cantonal Council and its organs,

Cantonal Council Act (KRG)

171.1

h. is responsible for the correction of errors pursuant to § 16 of the Pub-

lication Act of November 30, 20157 after the final vote

on a resolution or enactment,

i. is responsible for all tasks that are not assigned to any other body of the Can-

tonal Council.

2 It ensures the coordination of the Cantonal Council's organs among

themselves and with the Government Council. For this purpose, it invites the presidents

of the standing committees to joint meetings.

1 The Management Board may

a. submit motions on all matters for deliberation and formally revise all motions

to the Cantonal Council;

b. issue administrative directives to the other bodies of the Cantonal Council;

c. mandate the supervisory commissions with investigations;

d. establish subcommittees to fulfil its tasks, which may also include other

members of the Cantonal Council.

2 With regard to expenditure competences, the Management Board is equal to

the Government Council. Sections 19–25 of the Law on Controlling and

Accounting of 9 January 2006 (CRG)11 apply analogously.

c. Rights

1 The Executive Board annually elects the Information Delegation from among its members. In- Information

This delegation consists of the President of the Cantonal Council and four other members. delegation

2 The Information Delegation decides on the existence and scope of the information rights of the Cantonal Council and its organs vis-à-vis the Government Council, the supreme courts, and the Bank Council of the Zürcher Kantonalbank.

1 The President or Vice-Presidents of the Cantonal Council form the Administrative

and the Vice-Presidents form the Administrative delegation.

delegation.

2 The Administrative delegation supervises the Parliament Services.

1 The Cantonal Council shall appoint standing committees from among its members.

Standing

Committees

a. Composition

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Cantonal Council Act (KRG)

2 The oversight committees are

a. Oversight Committee for Education and Health (ABG),

b. Oversight Committee for Commercial Enterprises (AWU),

c. Finance Committee (FIKO),

d. Business Audit Committee (GPK),

e. Justice Committee (JUKO).

3 The subject-matter committees are

a. Committee for Education and Culture (KBIK),

b. Committee for Energy, Transport and Environment (KEVU),

c. Committee for Justice and Security (KJS),

d. Committee for Planning and Construction (KPB),

e. Committee for Social Security and Health (KSSG),

f. Committee for State and Municipalities (STGK),

g. Committee for Economy and Taxes (WAK).

4 The Cantonal Council shall elect the chair and the other members of the standing committees for a term of office.

5 Upon proposal by the Bureau, the Cantonal Council may, for important reasons, remove the chair or other members of the standing committees.

6 The Bureau may, for important reasons, relieve individual members of subcommittees of their function.

1 The Cantonal Council Rules set the number of members of the standing committees.

2 The total number of committee seats is distributed proportionally among the factions.

3 When allocating seats within the committee, the political power relations of the Cantonal Council shall be taken into account.

1 The standing commissions inform themselves about developments in their area of responsibility and bring their concerns forward by means of parliamentary initiatives, motions, and postulates.

2 The oversight commissions exercise parliamentary control in their respective areas of responsibility in accordance with §§ 104 et seq.

3 The specialized commissions are responsible for the preliminary deliberation of assigned consultation matters.

4 The standing commissions constitute themselves.

b. Composition

c. Tasks

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171.1

1 The Commission may appoint sub-commissions from among its members. It determines their mandate.

2 The sub-commission reports to the Commission and submits proposals.

3 Several commissions may appoint joint sub-commissions.

**1 Special Commissions**

The Cantonal Council may exceptionally appoint special commissions for specific consultation matters. It dissolves these special commissions again.

**2** Special commissions consist of at least 15 members. The Cantonal Council determines the number of members in the resolution concerning the appointment of the special commission.

**3** The Executive Board elects the President and the members. For important reasons, it may remove the President or individual members.

1 The Editorial Committee consists of three members of the Cantonal Council’s Editorial Committee, at least one of whom belongs to the Executive Board.

It annually elects its members and its President.

2 The Editorial Committee examines the constitution, laws, and ordinances of the Cantonal Council according to linguistic and legislative drafting criteria and submits proposals to it.

1 The Inter-Group Conference consists of the parliamentary group presidents or **Inter-Group**

presiding members and one member per group. **Conference**

2 It is responsible for preparing the elections to be conducted by the Cantonal Council and submits its unanimous election proposals to the Council.

3 The Supervisory Commission responsible for the supreme courts examines the candidacies of judges for the attention of the Inter-Group Conference in accordance with Art. 75 of the Constitution of the Canton of Zurich of February 27, 2005 (Cantonal Constitution)3.

4 The Inter-Group Conference constitutes itself.

1 At least five members of the Cantonal Council may form a parliamentary group.

2 A member of the Cantonal Council may belong to only one parliamentary group.

3 Parliamentary groups constitute themselves.

4 The Cantonal Council shall contribute to the parliamentary groups to cover the costs of their activities. It shall lay this down in an ordinance.

a. Composition

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Cantonal Council Act (KRG)

b. Duties

1 The parliamentary groups prepare the subjects for deliberation by the

Cantonal Council and participate in the formation of opinions.

2 They may submit nominations and make statements in the Cantonal

Council.

3 The Cantonal Council Rules of Procedure determine the commission

documents to which the parliamentary group secretariats may access, provided that

their employees have committed to maintaining confidentiality.

Minutes

Confidentiality

a. parliamentary

confidentiality

4th Part: Minutes and Confidentiality

1 The meetings of the Management Board, the commissions, and

the Interfactional Conference shall be minuted.

2 The Cantonal Council Regulations shall govern the details.

3 The Management Board shall determine which cantonal authorities and

bodies shall receive the minutes. It shall ensure that the Government

Council and the supreme courts receive the minutes concerning them.

1 The meetings of the organs of the Cantonal Council are not public.

2 The minutes and documents are subject to parliamentary confidentiality for ten years after the conclusion of the Cantonal Council's deliberations.

3 Cantonal Council members have the right to inspect them.

4 After the conclusion of the deliberations, the Executive Board grants third parties access to the minutes if an interest in the context of legal application or science can be credibly demonstrated. Access to the minutes of parliamentary control is excluded.

1 The management and the supervisory commissions may subject minutes and documents to commission secrecy if this is necessary to protect overriding public or private interests. Access is then limited to meeting participants.

2 Access by cantonal authorities and bodies, as well as by third parties, to these minutes and documents is excluded for at least 20 years.

b. Commission Secrecy

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Part 5: Parliamentary Services

1 The Parliament Services support the Cantonal Council in its tasks and

its organs in the fulfillment of their duties. Organisation

2 They are led by the Secretary General. This person is subordinate to the

Executive Board and the Administrative Delegation.

3 The Executive Board regulates the organization and duties of the

Parliament Services and the Secretary General in a regulation subject to

the approval of the Cantonal Council.

1 At the request of the Management Board or a commission and with the agreement of the competent member of the government council or the State Chancellor, the Parliamentary Services may enlist the support of the cantonal administration to fulfil their tasks.

2 The administration provides the usher service for the sessions of the Cantonal Council and for the representative events of the Cantonal Council. The employees of the usher service are subject to the instructions of the President of the Cantonal Council.

Part 6: Motions and Parliamentary Initiatives

Section 1: General Provisions

Motions and parliamentary initiatives are submitted in writing to the Cantonal Council Secretariat during the Cantonal Council meeting.

1. **Motions and parliamentary initiatives may not be changed after their immutable submission.**

2. **The initially signing cantonal council member may convert the motion into a postulate.**

1 A motion or a parliamentary initiative shall be written off if the first-signing Cantonal Council member leaves the Cantonal Council before the latter has dealt with the motion or the initiative.

Withdrawal of the first-signing Cantonal Council member

2 After this member's departure, another Cantonal Council member may take over their motion or parliamentary initiative until the fourth Cantonal Council meeting.

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171.1

Suspension of the

running of deadlines

Cantonal Council Act (KRG)

Should no Cantonal Council meetings take place for more than two weeks, deadlines of up to six months for the treatment of parliamentary interpellations and initiatives are suspended between the day of the first cancelled meeting and the resumption of meetings.

Subject Matter

Section 2: Parliamentary Interpellations

A. Motion

1 With the motion, the Cantonal Council obliges the Government Council to submit legal provisions or a Cantonal Council resolution falling within the competence of the Cantonal Council.

2 If the motion relates to a regulatory matter concerning parliamentary law or parliamentary services, the Management Board is obliged to fulfill the motion.

Procedure

before the

Referral

1 The Government Council or the executive board shall inform the Cantonal Council of its willingness to accept the motion within three months of its submission, or shall move for its rejection with a written statement of grounds.

2 The Cantonal Council shall refer the motion or reject it.

3 With the rejection, the procedure is concluded.

Procedure

after the

Referral

1. The Government Council or the Executive Board shall report to the Cantonal Council within two years of referral and submit a proposal.

2. The Government Council or the Executive Board may apply for an extension of the deadline by a maximum of one year, up to three months before its expiry. If the Cantonal Council rejects the application, the Government Council or the Executive Board shall have a processing period of a maximum of six months after the rejection.

3. In its business report, the Government Council may submit a reasoned motion to the Cantonal Council to write off the motion. If the Cantonal Council rejects the motion, the Government Council remains obliged to submit statutory provisions or a resolution of the Cantonal Council within six months of the rejection.

Failure to meet deadline

1 If the Government Council misses the deadlines according to § 45,

the Cantonal Council refers the motion to a specialized committee for report and

recommendation.

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Cantonal Council Act (CCA)

171.1

2 When dealing with the motion, the committee has the

rights of access according to § 64 para. 3 and the information rights of the

oversight committees.

With the non-consideration of the Commission's proposal or with the completion of the final vote thereon, the motion is concluded.

B. KEF Statements

1 The members of the Cantonal Council may submit declarations regarding the Consolidated Development and Financial Plan (KEF) in accordance with §§ 9 et seq. CRG up to the last Cantonal Council meeting in October.

2 The Cantonal Council decides on the declarations during the budget debate.

3 By deciding on a declaration, the Cantonal Council demands an amendment to the KEF.

4 If the declaration concerns a service group within the competence of a supreme court, the supreme court shall have the rights and obligations of the Government Council.

1 The Government Council shall implement declarations decided by the Cantonal Council in the next KEF.

2 If it rejects implementation, it shall report to the Cantonal Council within four months of the latter's decision.

C. Financial Motion

1 The Commission responsible for financial supervision and the budget Drafting

examines, on the basis of the report pursuant to § 49 para. 2, whether it

wishes to submit a financial motion.

2 With a financial motion, the Cantonal Council instructs the Govern-

ment Council to implement the demand of the KEF declaration.

3 The Cantonal Council refers the financial motion to the Government

Council when debating the next budget, or rejects it.

Referral

1 The Government Council shall report to the Cantonal Council together with proceedings

the next budget and submit a motion.

2 It may apply for an extension of the deadline by six months until the last Cantonal Council meeting in June.

after the

referral

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Cantonal Council Act (CCA)

Disposal

With the non-consideration of the Commission's motion or with the final vote on it, the financial motion is dealt with.

Subject matter

and procedure

before referral

Procedure

after referral

Urgency

procedure

D. Postulate

1 With the postulate, the Government Council is obliged to examine whether statutory provisions or a Cantonal Council resolution should be submitted, a measure of medium-term planning or another measure should be taken.

2 It can, with the postulate, oblige the Government Council to examine the effectiveness of a measure taken by the Canton.

3 The procedure prior to the referral of a postulate is governed by the procedure according to § 44.

1 The Government Council shall report to the Cantonal Council within two years of referral on the outcome of the examination and shall submit a proposal. The Cantonal Council may shorten this period to one year upon referral.

2 The Government Council may request an extension of the period by a maximum of one year up to three months before its expiry. If the Cantonal Council rejects the request, the Government Council shall have a processing period of a maximum of six months after the rejection.

3 The Government Council may submit a reasoned request to the Cantonal Council for the write-off of a postulate in its business report. If the Cantonal Council rejects the request, the Government Council remains obliged to report. Following the rejection, it shall have a processing period of at least six months.

1 Any member of the Cantonal Council may move for a declaration of urgency. The postulate is declared urgent if 60 members of the Cantonal Council support the motion. The debate on urgency generally takes place in the week after next.

2 A declaration of urgency is not debated if 60 members of the Cantonal Council sign the postulate as an urgent postulate.

3 The Government Council shall inform the Cantonal Council within five weeks of its submission or declaration of urgency of its willingness to accept it or shall move for its rejection with a written justification.

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4 The Cantonal Council shall refer the postulate in the week after next following receipt of the report or reject it.

5 The Government Council shall report to the Cantonal Council within one year of referral on the outcome of its review and make a recommendation.

1 The Cantonal Council may

a. write off the postulate as completed,

b. set an appropriate deadline for the Government Council to prepare a supplementary report.

2 When writing off the postulate, the Cantonal Council may issue a dissenting opinion.

E. Interpellation

Completion

1 With the interpellation, members of the Cantonal Council demand information from the Government Council on matters concerning the canton.

2 An interpellation must be signed by at least 20 members of the Cantonal Council.

3 The Government Council shall answer the interpellation in writing within two months.

4 The procedure concludes with the discussion in the Cantonal Council.

1 An interpellation can be declared urgent by 60 signing members of the Cantonal Council.

2 The Government Council answers an urgent interpellation orally within three weeks.

3 The procedure concludes with the discussion in the Cantonal Council.

Urgency declaration

F. Question

1 With an interpellation, Cantonal Council members generally request information from the Government Council, a supreme court, or the Bank Council of Zürcher Kantonalbank regarding their affairs.

2 Interpellations are excluded concerning judicial decisions regarding factual and legal aspects, as well as ongoing proceedings.

3 Interpellations are answered in writing within three months.

4 The procedure is concluded with the written answer.

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Cantonal Council Act (KRG)

Declaration of Urgency

A request can be declared urgent by 60 signing Cantonal Council members.

Urgent requests are answered in writing within five weeks.

Subject

Form and Admissibility

Provisional Support

Preliminary Deliberation

Opinion of the Government Council

Section 3: Parliamentary Initiative

A. General Provisions

With a parliamentary initiative, members of the Cantonal Council demand from the Cantonal Council the drafting, amendment, or repeal of legal provisions and Cantonal Council resolutions, as well as ordinances falling within its competence.

The parliamentary initiative shall be submitted as a fully drafted bill.

It shall not be admissible if its subject matter can be brought as a motion concerning an item pending before the Cantonal Council.

The Management Board shall refuse to accept it.

The Cantonal Council shall determine within six months whether the initiative is provisionally supported by at least 60 members of the Cantonal Council. If the quorum is not reached, the procedure is terminated. If the initiative is provisionally supported, it shall be assigned to a commission for report and proposal.

The commission hears the first-signatory member of the Cantonal Council.

It examines whether it wants to propose amendments to the Cantonal Council.

It may consult the competent directorate for legal and factual information, as well as for the preparation of a draft.

The Commission informs the Governing Council of the provisional consultation result and submits the initiative and its draft to the Governing Council for comment within six months.

The Governing Council comments and assesses whether the requirements for legislation are met and what financial implications and regulatory consequences are to be expected.

If necessary, the Governing Council conducts a consultation, evaluates it, and brings it to the attention of the Commission along with its comments. In this case, the deadline is extended by three months.

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Cantonal Council Act (KRG) 171.1

1. Before the final vote, the commission submits its draft to the editorial commission.

2. The commission reports to the Cantonal Council and makes a motion. The report is guided by the requirements pursuant to § 81 para. 1.21.

3. If the commission rejects its draft in the final vote, it moves the Cantonal Council to reject the parliamentary initiative.

With the rejection, non-consideration, or termination

The final vote in the Cantonal Council means the parliamentary initiative

is concluded.

B. Cantonal Initiative

If the Cantonal Council decides, based on a parliamentary initiative, to submit a cantonal initiative, the Cantonal Government shall involve the competent commission for the representation of the canton before the federal authorities.

C. Cantonal Referendum

1 A parliamentary initiative to launch an optional referendum against a federal enactment according to Art. 141 Cst. must be submitted by the second Monday after the publication of the enactment in the Federal Gazette at the latest.

2 The Cantonal Council shall immediately notify the Government Council of the receipt of the initiative.

**1 Provisional Support of a Parliamentary Initiative**

The Cantonal Council shall address the parliamentary initiative no later than the second session following its submission.

**2** If at least 60 members of the Cantonal Council support the parliamentary initiative, the Cantonal Council shall refer it to a commission for report and proposal.

**3** The Government Council shall be invited to submit its statement to the commission within 30 days of the provisional support.

The Commission reports to the Cantonal Council and moves for treatment within 50 days of the provisional support.

of the Commission

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Cantonal Council Act (CCA)

Treatment in the

Cantonal Council

Deadlines in case

of urgency

Motion of the

Government Council

Consultation

items

Forms of

decision

Concept

The Cantonal Council debates the motion of the commission and decides on the cantonal referendum no later than the second-to-last meeting before the expiration of the referendum period.

In cases of temporal urgency, the Executive Board may establish other deadlines and dates. It shall communicate these to the members of the Cantonal Council, the Commission, and the Government Council upon submission of the initiative.

1. No later than the fourth Monday after the publication of a decree

pursuant to Art. 141a BV in the Federal Gazette, the Government

Council shall report to the Cantonal Council and propose the

exercise of an optional referendum.

2. The Steering Committee shall refer the matter to a commission for

report and proposal.

Part 7: Matters for Deliberation and Forms of Decision

The subject matters of the Cantonal Council's deliberations are, in particular

a. Provisions of laws and ordinances as well as Cantonal Council resolutions,

b. Motions, parliamentary initiatives, and petitions,

c. Election proposals,

d. Reports and plans,

e. Contracts,

f. Procedural motions.

1 The Cantonal Council enacts laws and, to the extent provided by the Constitution

and law, ordinances.

2 It decides on constitutional provisions and the further

items for deliberation according to § 75 lit. d and e in the form of a Cantonal Council

resolution.

3 Excluded is the acknowledgment of reports and plans

where the procedure concludes with the completion of the discussion without a Cantonal Council

resolution.

Laws and ordinances according to § 76 para. 1 contain provisions that affect a multitude of persons (generally) and define rights and obligations or establish responsibilities for various factual circumstances (abstractly).

18

Cantonal Council Act (KRG) 171.1

Plans and planning reports contain preliminary decisions, plans

whereby certain goals are to be pursued, principles and criteria are to be observed

or measures are to be taken.

8. Part: Procedure

1. Section: General Provisions

A. Subject

1 The Government Council may submit drafts of legislative provisions Right of Initiative

and Cantonal Council resolutions to the Cantonal Council. of the Cantonal

2 The supreme courts may submit ordinances within their competence Authorities

for approval to the Cantonal Council and Cantonal Council resolutions

within their self-administration sphere.

3 The Data Protection Officer, Financial Control, the Ombudsman's

Office, and Zürcher Kantonalbank shall apply to the Management of the

Cantonal Council for the initiation of the legislative process.

The parliamentary process begins with the submission of the items for deliberation. These are submitted as follows

a. Motions from the Government Council and the highest courts with the Cantonal Council dispatch,

b. Submissions and parliamentary initiatives during the Cantonal Council session to the Cantonal Council Secretariat,

c. all other cases to the Bureau.

1. Laws, ordinances and resolutions of the Cantonal Council must be

submitted to the Cantonal Council with a report. This report

explains, in particular

a. the initial situation, objectives, and central elements of the

proposal,

b. the viewpoints discussed in the consultation procedure and the

position of the Government Council regarding them,

c. a commentary on the individual provisions and a justification of

which provisions are subject to the expenditure brake according

to Art. 56 Cantonal Constitution (KV),

d. the financial and personnel implications for the canton and the

municipalities, as well as cost coverage in financial planning,

e. the implications for the economy, society, environment, and

future generations,

f. the delegation of powers provided for in the law,

g. the measures to be taken for the administrative relief of

companies.

2. The weighting of the individual points must be adapted to the specific

matter under consideration. Reports on postulates are exempt from

these requirements.

3. The Steering Committee may reject proposals that do not meet these

requirements.

**171.1**

**Cantonal Council Act (KRG)**

**B. Deliberation in the Committees**

**Preliminary Deliberation**

**Procedure in the Committees**

**a. In general**

**b. Information rights**

1 Before the first deliberation in the Cantonal Council, the

deliberation items are assigned to a commission or the Executive Board for preliminary

deliberation and proposal. Excluded are motions,

parliamentary initiatives, and procedural motions.

2 The organs of the Cantonal Council coordinate with each other to fulfill their

duties and exchange the necessary information.

1 The provisions on procedure and application submission in the Cantonal Council apply mutatis mutandis to the deliberations of the commissions and the executive board.

2 The supreme courts are entitled, mutatis mutandis, to the rights and obligations of the Government Council.

1 The commissions and their sub-commissions may

a. obtain information and inspect files related to the matters submitted by the

Government Council for deliberation,

b. involve experts for questioning or obtain expert opinions from them,

c. conduct inspections,

d. hear representatives of interested parties.

2 With the agreement of the competent member of the Government

Council, they may question cantonal employees regarding the matters submitted for

deliberation and carry out inspections within the administration.

3 The rights to information also apply to the supreme courts.

20

Cantonal Council Act (KRG) 171.1

1. The competent member of the Cantonal Government is entitled c. Representation

and, upon request of the commission, obliged to personally represent of the Cantonal

the proposals of the Cantonal Government at the commission Government

meetings. They may be accompanied by employees of the Canton.

2. The commission may decide at a meeting to temporarily conduct the deliberations

without a member of the Cantonal Government and the employees

of the Canton.

3. The commissions may, for the elaboration of implementation

proposals and counter-proposals to popular, authority, and individual initiatives

or for the compilation of consultation results, in

agreement with the competent member of the Cantonal Government or

the State Secretary, engage employees of the Canton.

4. The Cantonal Government may comment on the results of the commission's deliberations

before the final vote. If it wishes to exercise this

right, it shall notify the commission thereof. The commission

shall consider the comment in its deliberations.

1 The Commission submits a motion to the Cantonal Council and orally reports to it. In its report, it comments on deviations from the motion submitted to the Cantonal Council, particularly regarding the financial implications.21

2 If the Commission rejects the subject matter in the final vote, it moves the Cantonal Council to not enter into the matter. All motions submitted within the Commission lapse.

3 Motions rejected by the majority in the Commission may be submitted as minority motions.

C. Deliberation in the Cantonal Council

d. Report and

Motion to the

Cantonal Council

1 Every member of the Cantonal Council may submit motions concerning a pending matter under deliberation at the meetings of the Cantonal Council.

2 Motions concerning procedure, order, or the agenda (procedural motions) are generally dealt with immediately.

3 For the Master Plan, only motions to amend that have been pre-examined by the commission are permissible.

1 The Cantonal Council decides first on whether to proceed with the matter. Proceeding with the matter

If it does not proceed, the procedure is concluded.

2 It is not possible to revisit the decision on whether to proceed.

3 If no motion to not proceed with the matter is submitted, the Cantonal Council can waive an opening debate.

1.7.24 - 125 21

171.1

Cantonal Council Act (CCA)

Mandatory

Proceeding with the matter

Entry is mandatory for

a. Drafts of decrees and resolutions that were developed on the basis of a popular vote,

b. Popular initiatives,

c. Budget and KEF,

d. Consultation items that are subject to the approval of the Cantonal Council.

Referral

Detailed discussion

Final vote

Required majority

1 If the Cantonal Council has decided to proceed with the debate, it may refer the

entire subject of the deliberation back to the preparatory committee or the

Government Council.

2 It may also refer individual parts of the subject of the deliberation back during subsequent

deliberations.

3 Motions for referral shall set out what is to be reviewed, amended or

supplemented.

1 After the Cantonal Council has decided to proceed, it debates

the subject matter in a detailed discussion.

2 It can subdivide the detailed discussion by subject areas or by sections.

3 For enactments, a drafting reading (second reading) usually takes place

four weeks later.

4 If, in the drafting reading, the Cantonal Council approves an amendment

proposal that is not merely for editorial clean-up, a third reading takes place,

in which substantive changes are excluded.

1 After the consultation is concluded, a vote is taken on the subject of the consultation (final vote).

2 No final vote is taken if entry into the matter is obligatory. The budget is an exception.

3 If the Cantonal Council approves the subject of the consultation, the decision has been validly adopted and will be published. If it rejects it in the final vote, the procedure is concluded.

Section 2: Voting

**1 The Cantonal Council and its organs make their decisions by**

**a majority of those voting, unless the Constitution, a law, or**

**the Cantonal Council Rules of Procedure provide for a quorum.**

**2 Representation when casting a vote is excluded.**

**Cantonal Council Act (KRG)**

**171.1**

1 The President of the Cantonal Council or the President's vote

does not vote along, with the exception of quorum decisions. He or she, the President,

casts the deciding vote and is entitled to state the reasons for it.

2 In the organs of the Cantonal Council, their President votes. In the event of a tie, this vote is decisive.

or of the President

3. Section: Special Procedures

A. Planning and Reporting

1 The Government Council shall report to the Cantonal Council on

its planning of state activities (planning reports).

2 The commission may submit a statement to the Cantonal Council.

3 In the first year of its term of office, the Government Council shall submit the report

on the strategy concerning the canton's significant participations (Participation

Strategy) for information.

4 The report shall contain the ownership strategies of all significant

participations as well as a list of all other ownership strategies.

The ownership strategies of significant participations are subject to

the approval of the Cantonal Council.

5 The Cantonal Council may subject further ownership strategies to its

approval. The Government Council shall submit these ownership strategies

with the next annual report according to § 107.

6 If approval is refused, the Government Council shall submit a new ownership strategy

within six months.

B. Intercantonal and International Cooperation

The intercantonal and international cooperation encompasses treaties as well as participation in intercantonal and international conferences and bodies.

The specialized commissions monitor the development of intercantonal and international cooperation of the Canton in their respective areas.

Intercantonal

and International

Cooperation

Special Duties

of the Specialized

Commissions

a. Principle

1.7.24 - 125

23

171.1

Cantonal Council Act (KRG)

b. Information

c. Opinions

d. Consultation

e. Commission

Secrecy

Interparliamentary

Coordination

1 The Government Council continuously and comprehensively informs the expert commissions about projects concerning intercantonal and international cooperation.

2 It submits a report on existing and planned projects to the Executive Board each year at the beginning of May and November.

The expert commissions may adopt opinions on intercantonal and international cooperation projects for submission to the Government Council.

1 Before the granting of a negotiating mandate for treaties

or for participation in intercantonal bodies according to § 7a of the Law

on the Organization of the Government Council and the Cantonal

Administration of June 6, 2005, the Government Council consults the expert

commission if

a. the treaty is subject to the approval of the Cantonal Council,

b. the decision has constitutional or statutory rank or the rank of a

statutory ordinance according to Art. 32 lit. b and Art. 33

para. 1 lit. b Cst.

2 The commission may request a consultation if it considers the

conditions of para. 1 to be met.

3 After the consultation, the Government Council continuously informs the

commission about the status of the negotiations.

The information provided by the Government Council and the opinions of the expert commissions, as well as their minutes and documents, are subject to commission secrecy.

The Cantonal Council may conclude agreements with other parliaments for the purpose of a joint and coordinated statement on the creation of intercantonal law.

C. Consultation on Ordinances

1 The expert commission may require the Government Council

to invite it for consultation before issuing an ordinance.

2 It may draft an opinion on the ordinance.

24

Cantonal Council Act (KRG)

Part 9: Parliamentary Control

Section 1: General Provisions

171.1

1 Subject of Parliamentary Control (Oversight)

The business management and financial management of the Government Council, the supreme courts and their administration, as well as other bodies performing tasks for the Canton, are subject to parliamentary control (oversight).

2 Within the scope of parliamentary control, state acts can neither be annulled nor amended, nor can instructions be issued.

3 The Cantonal Council and its organs are not authorised to review judicial decisions with regard to matters of fact or law.

1 The Cantonal Council reviews the conduct of business and financial management according to legality, regularity, expediency, effectiveness, and efficiency.

2 Within the framework of parliamentary control over autonomous institutions and other entities performing cantonal tasks, the Cantonal Council particularly examines whether the interests of the canton are preserved. It further assesses whether the handling of risks for the canton and the national economy is appropriate and whether services are delivered in a targeted manner.

The Cantonal Council may, upon application by a Supervisory Commission, instruct the Government Council to provide a more detailed account of a specific part of its management in the annual report.

Reporting by the

Government Council

a. expanded

Annual Report

1. The Cantonal Council shall annually submit to the Cantonal Council a report

on the implementation of the participation strategy for its

information.

2. The report shall notably contain the following information

a. Changes in the number of participations and the level of participation,

b. Amount of profit distribution,

c. Changes in owner strategies according to the Cantonal Council's

approval resolution and the necessary measures to achieve the

goals,

d. Changes in the organs,

e. Significant sub-participations,

f. Important financial key figures,

g. Fulfilment of service mandates or service agreements or public

tasks and measures to ensure they can be fulfilled in the future,

h. Significant risks of the participations with probability of occurrence

and potential amount of damage, as well as precautionary measures,

i. Changes within or in the environment of the organization.

**[The following elements were part of the original source but appear to be context/margin notes rather than part of the main article to be translated as coherent sentences. They are translated here for completeness but are kept separate to reflect their apparent original presentation.]**

b. Participations

c. extraordinary

incidents

Supervisory

commissions

a. Tasks

b. Information

rights

c. Duty to provide

information

171.1

Law on the Cantonal Council (KRG)

1.7.24 - 125

25

In the event of extraordinary occurrences, the Government Council, the Directorates, the highest courts, the Data Protection Officer or Commissioner, the Head of Financial Control, the Ombudsperson, or the Bank Council shall immediately inform the President of the Cantonal Council and the competent Oversight Commission.

1 The supervisory commissions examine the business and financial reports.

2 They decide what further clarifications they will undertake.

**1. Supplementary to Sections 84 et seq., the Oversight Commissions may, within the scope of their parliamentary control:**

a. inspect all files related to the assessment of management or financial accounts;

b. subject to the particularly protected interests referred to in Section 111 para. 2, without the consent of the competent body and without its participation, conduct inspections in the administration and question and hear persons.

**2. The Oversight Commissions receive the reports of the Financial Control, insofar as they fall within their sphere of parliamentary control, as well as the Controlling Report of the Government Council on the achievement of the legislative objectives.**

1 The members of the Government Council, the supreme courts, the

management bodies of the independent institutions, as well as the employees

of the Canton are obliged to provide the supervisory commissions with truthful

and complete information regarding official matters

and to hand over files. No release from

official secrecy is required.

2 The handover of files and the provision of information may

be refused to protect legitimate private interests, to protect

personality rights, or out of consideration for pending judicial

proceedings.

26

Cantonal Council Act (KRG)

171.1

3 The handover of files and the provision of information may

also be refused with regard to concluded judicial decisions.

4 In case of refusal, the competent supreme body must submit a

special report.

1. If there is disagreement between a supervisory commission and the competent supreme body regarding the procedure for disagreement, the Information Delegation mediates. If no agreement is reached, the Information Delegation makes a final decision on the existence and scope of the information rights.

2. The Information Delegation has access to the disputed documents.

3. Before making its decision, it shall hear the competent supreme body.

4. If it permits the supervisory commission to inspect the documents, it shall take the necessary precautions to protect secrets.

1. The supervisory commissions shall communicate the results of their examinations to the competent supreme body.

2. They may issue recommendations.

1 The supervisory commissions report to the Cantonal Council annually f. Reporting

in writing on their activities. They may prepare a separate report on individual clarifications.

2 They hear the relevant Directorate or the supreme court on any recommendations and adopt these and the report in a final vote.

3 The Government Council and the supreme courts comment in their business report on the implementation of the recommendations of the supervisory commissions.

Section 2: Parliamentary Commission of Inquiry

1 The Cantonal Council may, for the clarification of incidents of task and

significant scope within the competence of parliamentary control, appoint a

Parliamentary Investigation Commission to investigate the facts and to procure further

assessment bases.

1.7.24 - 125

27

171.1

Cantonal Council Law (KRG)

2 A motion for the establishment of a Parliamentary Investigation Commission may be submitted by

a. the supervisory commissions, after having conducted their own examinations and clarifications regarding these incidents;

b. members of the Cantonal Council, after information about these incidents has been requested through an interpellation.

3 The Government Council or the highest court has the right to comment on the motion.

4 With the establishment of an investigation commission, the Cantonal Council also determines its mandate and financial resources.

1 The Investigation Commission shall lay down in regulations

its working methods, the handling of confidential information, the

informing of the public and other administrative matters.

2 It shall have its own secretariat, which shall be provided by the parliamentary

services. The Investigation Commission may employ additional personnel.

1 The Cantonal Council elects from among its members the President and the members of the Investigation Commission upon proposal of the Interfractional Conference.

2 The term of office for members of the Investigation Commission ends upon its dissolution or with their resignation from the Cantonal Council.

1. **Administrative Investigations**

Administrative investigations against individuals or concerning matters that are the subject of proceedings of a Parliamentary Inquiry Commission may only be initiated with the latter's authorization.

2. Ongoing proceedings must be suspended until the Inquiry Commission approves their continuation.

The investigation committee may

a. conduct inspections,

b. engage experts,

c. question persons providing information,

d. hear witnesses,

e. directly obtain information, orally or in writing, from public offices,

members of authorities, employees of the Canton, and private individuals,

insofar as they are subject to the duty to testify,

f. receive documents from all persons in public function and from private

individuals, insofar as they are subject to the duty to testify,

g. obtain all files from the administration, the Government Council, the

judiciary, public institutions, and the financial control.

Organisation

Election of

Members

Relationship

to other

procedures

Information

rights

28

Cantonal Council Law (KRG)

171.1

1 The provision of information and the disclosure of information and files do not require release from official secrecy.

2 Insofar as members of the Government Council or a supreme court, as well as employees of the Canton, testify as persons providing information, they are obliged to truthfully and completely provide information regarding observations concerning the subject of the investigation that they made in the exercise of their duties and that relate to their official affairs.

3 Otherwise, the provisions of the following apply mutatis mutandis

a. Swiss Code of Civil Procedure of December 19, 200816 for fact-finding investigations in accordance with § 119 lit. a and b,

b. Swiss Code of Criminal Procedure of October 5, 200717 for fact-finding investigations in accordance with § 119 lit. d.

1 The Investigation Commission shall determine which persons are directly affected in their interests by the investigation and shall notify them of the decision.

2 The persons concerned have the right to be present at the fact-finding investigations in accordance with § 119 lit. a, b and d and to ask supplementary questions.

3 They may inspect the released files, expert opinions, and the interrogation records of the Investigation Commission.

4 The Investigation Commission may refuse the right to be present at the fact-finding investigation and the right to inspect files if this is essential in the interest of the ongoing investigations or for the protection of other persons.

1 Evidence can only be relied upon if its essential content has been disclosed to the persons concerned and they have been given the opportunity to comment on it and to designate counter-evidence.

2 After the conclusion of the investigations and before reporting to the Cantonal Council, persons who are the subject of proceedings by a Parliamentary Investigation Commission shall be given the opportunity to comment on those parts of the draft report that concern them.

1.7.24 - 125

29

171.1

Conclusion of the

Investigation

Cantonal Council Act (CCA)

1 The Investigation Commission reports to the Cantonal Council

after the completion of its investigation and moves for the dissolution

of the commission.

2 The Cantonal Council decides on the termination of the investigation and

the dissolution of the Investigation Commission.

Open elections

Secret

elections

Required

majority

Calculation of the

majority

10. Part: Elections

1 Elections in the Cantonal Council and its organs are

fundamentally conducted by open procedure.

2 If an equal or smaller number of persons are nominated than there are

positions to be filled, the President or Vice-President of the Cantonal Council declares

them elected.

The following elections shall be conducted by secret ballot

a. President and Vice-Presidents of the Cantonal Council,

b. Members of the Supreme Courts and Commercial Judges,

c. Members of the Building Appeals Court and the Tax Appeals Court,

d. Members of the Bank Presidency of the Cantonal Bank,

e. Data Protection Officer, Head of Financial Control, Ombudsperson.

**1 A person is elected in the first ballot if they unite the absolute majority of votes.**

**2 If more persons have reached the absolute majority than there are positions to fill, the relative majority applies among them.**

**3 If fewer persons have reached the absolute majority, a second ballot is held for the vacant positions. The relative majority decides.**

**1 For the calculation of the majority, the votes cast are decisive, minus the blank ballot papers and invalid votes.**

**2 A vote is invalid if the person for whom the vote is intended is not sufficiently determined, or if the ballot paper contains defamatory remarks.**

**Cantonal Council Act (KRG)**

**171.1**

**3 The decisive number of votes is divided by double the number of positions to be filled. The next higher whole number is the absolute majority.**

**4 For the relative majority, the person who received more votes is decisive.**

**5 In the event of two ties, lots shall be drawn.**

**1. Renewal Elections for Court Members**

1. In renewal elections for court members, all seats may be filled in a single ballot.

2. If a person does not achieve an absolute majority in the first ballot, this office shall be filled individually.

3. The Inter-factional Conference shall hear the candidate before the second ballot.

**Part 11: Specific Individual Acts of the Cantonal Council**

**Referral**

If the procedure for specific individual acts is not exhaustively regulated, the provisions of the Administrative Justice Act of 24 May 195910 shall apply by analogy.

1 The Government Council reports to the Cantonal Council and

submits a request for a pardon.

2 The Executive Board refers the request to the Justice Committee.

3 This committee has comprehensive access to files. The Executive

Board determines the scope of file access for the other members of the

Cantonal Council.

4 The committee submits a request to the Cantonal Council and

reports to it orally.

5 The Cantonal Council's decision is not reasoned.

Revocation of Immunity

**1 The procedure for the revocation of immunity of a member of the Cantonal Council, the Government Council, or a supreme cantonal court is initiated upon request of the Chief Public Prosecutor's Office.**

**2 The substantiated request, together with the files, is submitted to the Executive Board.**

**a. Initiation of the Procedure**

Here is the English translation

1 If the Chief Public Prosecutor's Office concludes in its application, after b. Preliminary Review, that the reported conduct does not constitute a criminal offense, the Steering Committee may decide not to entertain the application.

1.7.24 - 125

31

171.1

Cantonal Council Act (CCA)

2 The complainant may be required to pay an advance on costs pursuant to Section 139 paragraph 2. If payment is not made in due time, the Steering Committee shall decide not to entertain the application.

3 If the Steering Committee entertains the application of the Chief Public Prosecutor's Office, it shall refer it to the Judicial Committee for report and recommendation to the Steering Committee.

4 If a criminal investigation is manifestly unfounded, the Steering Committee shall make a final decision not to lift immunity. In all other cases, it shall report to the Cantonal Council and submit a motion.

5 The complaining party or the injured party, the private plaintiffs, and the criminal prosecution authorities are not afforded party or procedural rights.

c. Decision of the

Cantonal Council

Decisions on

Recusal

a. concerning

Cantonal Council

members

b. concerning

members of the

Government Council

Admonition

and Liability

Claims

a. Procedure

1 Before the report and motion of the executive board are submitted to the Cantonal Council for decision, the person whose immunity is being discussed shall be given the opportunity to submit a written statement.

2 If the Cantonal Council decides to lift the immunity, it may appoint a special public prosecutor for the conduct of the criminal investigation.

1 The Cantonal Council or the affected body decides on the contested recusal, excluding the affected Cantonal Council member.

2 The decision shall be communicated to the affected member and recorded in the minutes.

3 It is final.

**1 The Cantonal Council decides on recusation requests that are directed against more than four members of the Government Council.**

**2 If the recusation request is obviously unfounded, the Executive Committee makes a final decision thereon.**

**3 In other cases, it obtains a statement from the Government Council and reports to the Cantonal Council, making a proposal.**

1 The Cantonal Council members may move in the Cantonal Council

for the initiation of proceedings for a reprimand or for the assertion of

liability claims.

2 If the Cantonal Council approves the motion, it shall instruct a supervisory

committee to report to it and to submit a motion.

Cantonal Council Act (KRG)

171.1

3 Supervisory committees or parliamentary committees of inquiry

may report and submit motions on their own initiative.

**1. Reprimand**

The Cantonal Council may issue a reprimand to the following office holders if they violate the law or breach an official duty

a. Members of the Government Council,

b. Members of the supreme courts,

c. Data Protection Officer, Head of Financial Control, Ombudsperson.

2 The Supervisory Commission shall conduct the necessary investigations and obtain a statement from the persons concerned and from the Government Council or the supreme court.

3 It shall report to the Cantonal Council and submit a proposal.

**1. Claims for Damages or Recourse**

1 The Cantonal Council may assert claims for damages or recourse on behalf of the Canton based on the Liability Act of September 14, 1969⁵, the Act concerning the Electricity Works of the Canton of Zurich of June 19, 1983¹³, or the Cantonal Bank Act of September 28, 1997¹⁴.

2 The Supervisory Commission shall conduct the necessary investigations. In agreement with the competent member of the Government Council, it may enlist a specialist from the cantonal administration for consultation. It shall obtain a statement from the authority or body whose member is subject to the claim for damages.

3 It shall report to the Cantonal Council and submit a proposal. For the purpose of initiating legal proceedings, the Executive Board shall appoint a special representative.

**Fees and Advance Payment of Costs**

1 The Executive Board may impose fees ranging from CHF 100 to CHF 1000 and procedural costs for the processing of supervisory submissions, requests for authorization, and requests for recusal.

2 It may demand an advance payment of costs if a person owes fees or procedural costs from a previous proceeding or has their domicile outside Switzerland.

3 The advance payment of costs shall correspond to the amount of the estimated fees and procedural costs.

4 If the advance payment of costs is not made on time, the submission will not be processed.

1.7.24 - 125

33

171.1

Cantonal Council Act (KRG)

Future Prize

however, at most for 20 years after its entry into force.

1 OS 74, 387.

2 Entry into force: 1 May 2020 (LS 171.21).

3 LS 101.

4 LS 161.

5 LS 170.1.

6 LS 170.4.

7 LS 170.5.

8 LS 171.11.

9 LS 172.1.

10 LS 175.2.

1.7.24 - 125

35

171.1

Cantonal Council Act (KRG)

11 LS 611.

12 LS 614.

13 LS 732.1.

14 LS 951.1.

15 SR 101.

16 SR 272.

17 SR 312.0.

18 SR 831.10 et seq.

19 Text see OS 74, 387.

20 Inserted by Act of 27 January 2020 (OS 75, 227; ABI 2019-11-08). In force

since 1 May 2020.

21 Version according to Act of 14 March 2022 (OS 77, 315; AB1 2021-07-09). In force

since 1 August 2022.

22 Inserted by Act of 17 April 2023 (OS 79, 80; ABI 2023-02-03). In force

since 1 May 2024.

23 Inserted by Act of 27 November 2023 (OS 79, 82; AB1 2022-09-23). In

force since 1 May 2024.

24 Inserted by Cantonal Council Resolution on the Future Award of the Cantonal Council of 27 No-

vember 2023 (OS 79, 84; ABI 2023-02-03). In force since 1 May 2024.

36

24 1 The Zurich Future Award is presented to individuals or

organizations that have made outstanding achievements or

projects that have benefited the Canton of Zurich.

2 The Cantonal Council awards the Future Award.

3 It issues a regulation.

Recognition

Part 12: Youth Parliament

1 The cantonal youth parliament is recognized by the Government Council if it

a. is organized as a private law association,

b. advocates for the concerns of young people,

c. is accessible to young people aged 12 to 21, composed according to democratic principles, and organized according to parliamentary rules.

2 The Government Council regulates the exact recognition requirements, the recognition procedure, and the scope of support in an ordinance.

Petitions

1 The Youth Parliament may submit its resolutions to the Cantonal Council in the form of a petition in accordance with Art. 16 of the Cantonal Constitution.

2 The Executive Board shall summarily review the petition and assign it to a committee for final deliberation.

3 The committee shall examine whether the concern of the petition can be converted into a parliamentary initiative. It may hear a representation of the Youth Parliament.

Part 13: Final Provisions

Implementing provisions

The Cantonal Council issues the implementing provisions for this law.

Transitional provision

22 1 Section 10 para. 3 applies until the entry into force of a statutory

regulation of the remuneration for members of the Cantonal Council.

2 Prior to the entry into force of a statutory regulation, an increase

in remuneration is not permissible.

34

Cantonal Council Act (CCA)

171.1

a. Law on Political Rights of 1 September 20034:...19

b. Law on Information and Data Protection of 12 February

20076:...19

c. Publication Act of 30 November 20157: ...19

d. Administrative Justice Act of 24 May 195910: ...19

e. Financial Control Act of 30 October 200012: ...19

f. Cantonal Bank Act of 28 September 199714: ...19

Amendments to

existing

law

2 In the event of a referendum, the Explanatory Report will be drafted by the Bureau of the Cantonal Council.

from § 10 para. 2.

2 § 10 para. 2 comes into force with the enactment of the Ordinance in accordance with § 10

para. 3².

Transitional provision to the amendment of November 27, 2023

(OS 79, 84)

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