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Appendix 1 Municipal Merger Law
(Purpose)
Article 1. This law provides necessary measures to promote voluntary mergers of municipalities.
(Definition)
Article 2. "Merger of municipalities" in this law means to establish a municipality from 2 or more municipalities or incorporation of all or part of territory of other municipalities that involves reduction of number of municipalities.
2. "A merged municipality" in this law means a municipality that is established through merger of municipalities or a municipality that incorporates all or part of territory of other municipalities.
3. "Merger related municipalities" in this law means municipalities of which all or part of territory composes part of territory of a merged municipality.
(Establishment of Merger Council)
Article 3. Municipalities that intends to merger shall establish a council (hereinafter referred to as "merger council") that discusses merger related issues and make a basic plan (hereinafter referred to as "merged municipal plan") for a merged municipality, based on paragraph 1 of article 252-2 of the local autonomy law.
2. A chairperson of a merger council shall be selected from members of related municipal assembly, mayors, other officers or literates. It is unnecessary to follow paragraph 2 of article 252-3 of the local autonomy.
3. Committee member of a merger council shall be selected from members of related municipal assembly, mayors or other officers. It is unnecessary to follow paragraph 2 of article 252-3 of the local autonomy.
4. A merger council that is founded based on paragraph 18 of the next article or paragraph 27 of article 4-2 may admit representative provided by paragraph 1 of the next article or paragraph 1 of article 4-2 as committee member. It is unnecessary to follow paragraph 2 of article 252-3 of the local autonomy.
5. A merger council may admit literates. It is unnecessary to follow paragraph 2 of article 252-3 of the local autonomy.
(Petition for Establishment of Merger Council)
Article 4. A person who is eligible for his or her municipal election may petition to establish a merger council against a mayor, showing the name of municipality that he or she demand that his or her municipality merge, with signatures of which number is over one fiftieth of the number of all people who are eligible for the municipal election.
2. A mayor of a municipality that received a petition (hereinafter referred to as "merger-requesting municipality") provided by the previous paragraph shall announce the point of the petition and ask a mayor of municipality that is requested to merger in the petition (hereinafter referred to as "merger-requested municipality") whether this issue should be discussed in its assembly (hereinafter referred to as "issue about establishment of merger council". A mayor of a merger-requesting municipality shall report this asking to a governor of its prefecture.
3. A mayor of a merger-requested municipality shall answer to the question of the previous paragraph within 90 days.
4. A mayor of a merger-requesting municipality shall notify the answers of all merger-requested municipalities to the person of paragraph 1 and a governor of its prefecture.
5. If the answers of merger-requested municipalities were to request their assemblies to discuss an issue about establishment of merger council, a mayor of a merger-requesting municipality shall summon its municipality within 60 days after the notification of the previous paragraph to request deliberation of an issue about establishment of merger council with his or her opinion about this issue. In this case, a mayor of merger-requested municipality shall also summon its municipality within 60 days after the notification of the previous paragraph to request discussion of an issue about establishment of merger council.
6. An assembly of a merger-requesting municipality shall admit the person provided by paragraph 1 to make a speech during deliberation.
7. A mayor of a merger-requested municipality shall report the result of the deliberation provided by paragraph 5 to a mayor of a merger-requesting municipality.
8. A mayor of a merger-requesting municipality shall report the result of the deliberation of its assemble provided by paragraph 5 and the report provided by the previous paragraph to a mayor of a merger-requested municipality and the person provided by paragraph 1, announce them to the public and report them to a governor of its prefecture.
9. If the result of the deliberation provided by paragraph 5 were denial of establishment of a merger council and all the results of the deliberations of merger-requested municipalities were in the affirmative, a mayor of a merger-requesting municipality shall notify the date the assembly of the merger-requesting municipality denied the establishment of a merger council or the date the mayor received the report provided by paragraph 7 (only the later date shall be notified) to a mayor of merger-requested municipality and the person provided by paragraph 1, announce it to the public and report it to a governor of its prefecture.
10. In the case of the previous paragraph, a mayor of a merger-requesting municipality may request vote of citizens who are eligible to the election of its municipality to an election management committee within 10 days after the date provided by the previous paragraph. If a mayor requests it, he or she shall report it to a mayor of merger-requested municipality and the person provided by paragraph 1, announce it to the public and report it to a governor of its prefecture within 3 days after the request.
11. In the case of paragraph 9, if there were no announce to the public provided by the previous paragraph, a person who is eligible to the election of its municipality may request a vote about an issue of establishment of a municipal council to an election management committee of a merger-requesting municipality with signatures of which number is over one sixth of the number of all people who are eligible for the municipal election.
12. If there were the request provided by the previous paragraph, an election management committee of a merger-requesting municipality shall announce the request to the public and notify it to the person provided by paragraph 1 and a mayor of a merger-requesting municipality.
13. A mayor of a merger-requesting municipality who received the notification provided by the previous paragraph shall report it to a mayor of a merger-requested municipality and a governor of its prefecture.
14. An election management committee of a merger-requesting municipality that received the request provided by paragraph 10 or 11 shall have a vote of electors about an issue of establishment of a merger council.
15. An election management committee of a merger-requesting municipality shall report the result of the vote provided by the previous paragraph to a mayor of a merger-requesting municipality and the person provided by paragraph 1 and 11, and announce it to the public.
16. A mayor of a merger-requesting municipality shall report to the result provided by the previous paragraph to a mayor of a merger-requested municipality and to a governor of its prefecture.
17. If the vote provided by paragraph 12 approves the establishment of a merger council with majority, it shall be considered that an assembly of a merger-requesting municipality approves an establishment of a merger council.
18. If all assemblies of a merger-requesting municipality and a merger-requested municipality approve an establishment of a merger council (including the case provided by the previous paragraph), the municipalities shall establish a merger council with agreement.
19. If a merger council is established according to the previous paragraph, a mayor of a merger-requesting municipality shall notice the establishment and the agreement to the person provided by paragraph 1 and 11.
20. If a prefecture that covers a merger-requesting municipality is different from a prefecture that covers a merger-requested municipality, a governor of a prefecture that covers a merger-requesting municipality shall notice the reports provided by paragraph 2,4,8,9,10,13 and 16 to a governor of a prefecture that covers a merger-requested municipality.
Article 4-2. A person who is eligible for an election of municipalities that shall establish a merger council (hereinafter referred to as "municipality of the petition") may petition to establish a merger council against a mayor of a municipality of the petition, demonstrating that the content of the petition is the same as a petition of another person who is eligible for an election of municipality of the petition according to this paragraph, and showing the name of another municipality of the petition that he or she demand that a municipality of the petition merge, with signatures of which number is over one fiftieth of the number of all people who are eligible for the municipal election.
2. In order to make a petition according to the previous paragraph, a representative of all municipalities of the petition provided by the previous paragraph shall have to get a confirm of a governor of a prefecture that covers the municipalities of the petition about the petitions' identity.
3. If there were a petition provided by paragraph 1, a mayor of municipality of the petition shall announce the point of the petition to the public and report it to a governor of a prefecture that covers the municipalities of the petition.
4. When a governor gets reports from all municipalities of the petition provided by the previous paragraph, the governor shall notify it to all mayors of municipalities of the petition.
5. When a mayor of a municipality of the petition gets a notification provided by the previous paragraph, the mayor shall notify it to a person provided by paragraph 1 and announce it to the public.
6. A mayor of a municipality of the petition who gets the notification provided by paragraph 4 shall summon its municipality within 60 days after the notification to request deliberation of an issue about establishment of merger council based on the petition provided by paragraph 1 with the mayor's opinion about this issue.
7. An assembly of a municipality of the petition shall admit the person provided by paragraph 1 to make a speech during deliberation provided by the previous paragraph.
8. A mayor of a municipality of the petition shall notify the result of the deliberation provided by paragraph 6, announce it to the public and report it to a governor of a prefecture that covers a municipality of the petition.
9. When a governor of a prefecture that covers a municipality of the petition gets reports provided by the previous paragraph from mayors of all municipalities of the petition shall notify the result and the date a governor gets all reports to mayors of all municipalities of the petition.
10. A mayor of a municipality of the petition who gets the notification provided by paragraph 9 shall notify it to the person provided by paragraph 1 and announce it to the public.
31. The section 2, chapter 3, division 2 of the civil suit law shall be applied to the case where an election managements committee demand participation and testimony of related people to determine validity of signature provided by paragraph 3 of article 74-3 of the local autonomy law. However, the provisions about penalty, detention and custody shall not be applied.
32. The provisions about election of usual local governments of the election law shall be applied to the vote provided by paragraph 13 of the previous article and paragraph 21 of this article.
33. The vote provided by the previous paragraph may be done with an election of a usual local government.
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