Law Decree 166 Of October 23, 2014 - Allocation To The Head Of The Civil Protection Service Of The Power To Order Under Article 42 Of The Law Of 19 July 1995 N. 87

Original Language Title: Decreto Legge 23 ottobre 2014 n.166 - Attribuzione al Capo del Servizio di Protezione Civile del potere di ordinanza di cui all’articolo 42 della Legge 19 luglio 1995 n. 87

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Draft Decree Law REPUBLIC OF SAN MARINO DECREE - LAW 166 of 23 October 2014 We the Captains Regent of the Most Serene Republic of San Marino Having seen the need and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law of 15 December 2005 no. 183 and Article 12 of the Qualified Law 184 of 15 December 2005, namely: - the need to give the Head of the Civil Protection Service the power to order under Article 42 of the Law of 19 July 1995 n. 87 and therefore the power to authorize - in the event of landslides, broken levees, collapsed bridges, exceptional events and natural disasters, and in all cases of increased strength and of extreme urgency - the immediate occupation of the goods necessary to the realization of the works useful to remedy the state of emergency and to ensure public safety and to limit the extent of damage; - The urgent need to carry out that allocation in the light of the special contingent atmospheric and climatic conditions that represent a real and present risk to the occurrence of these events; Given the decision of the 61 State Congress adopted in the sitting of 21 October 2014; Having regard to Article 5, paragraph 2, of the Constitutional Law no.185 / 2005 and Articles 9 and 10, paragraph 2, of the Qualified Law n.186 / 2005; We promulgate and publish the following Decree-Law: ATTRIBUTION TO THE HEAD OF DEPARTMENT OF CIVIL PROTECTION OF THE POWER TO ORDER REFERRED TO IN ARTICLE 42 OF LAW 19 July 1995 No. 87 Single Article 1. Article 42 of the Law of July 19, 1995 87 is replaced by the following: "Art.42 emergency Occupation in case of landslides, of broken embankments, collapse of bridges, exceptional events and natural disasters, and in all other cases of force majeure and of extreme urgency the head of the Civil Protection Service, met on Coordination for Civil Protection in Article 3 of Law 21/2006 and on the recommendation of the same, with a special order authorizing the immediate occupation of the needed goods to the creation of functional works remedy the state of emergency. The ordinance, which is appropriately brought to the attention of stakeholders and relevant government offices, state the period for which the emergency temporary employment can be extended within the time limits specified in Article 15, second paragraph. For the purpose of identifying the subject of occupation assets, the Head of the Civil Protection Service is supported by the relevant technical departments. In the cases referred to in paragraph one, the Technical Office of the Land Registry officials must provide as soon as the investigation of the state of consistency of the occupied property, redigendone special report in the manner prescribed in Article 20. The notice referred Article 20, second paragraph, should be given least twenty-four hours prior to the date of the finding. The ordinance authorizing the occupation ceases to be effective if employment does not follow within three months of its enactment The emergency employment benefits is determined by the Commission in Article 18, paragraph seventh according to the provisions' Article 34. ". Given at Our Residence, this day of 23 October 2014/1714 THE CAPTAINS REGENT Gian Franco Terenzi - Guerrino Zanotti THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini