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Article 68
 

§ 68. The Riigikogu Rules of Procedure Act (RT I 1994, 90, 1517; 2001, 1, 1; 94, 581) is amended as follows:

1) section 52 is amended and worded as follows:

"§ 52. Initiation of referendum in order to pass Act or decide on other national issue

(1) The following have the right to initiate a referendum in order to pass an Act or decide on another national issue:

1) members of the Riigikogu;

2) factions of the Riigikogu;

3) committees of the Riigikogu.

(2) If a referendum is initiated in order to pass an Act, the initiator shall submit:

1) the draft Act to be submitted to a referendum together with the draft resolution to hold the referendum or

2) the draft resolution to hold the referendum which sets out the draft Act in the legislative proceeding of the Riigikogu to be submitted to a referendum. In the latter case, the initiator of the draft Act shall be indicated in the explanatory memorandum.

(3) If a referendum is initiated in order to decide on another national issue, the initiator shall submit the draft resolution to hold the referendum which sets out the issue to be submitted to a referendum to which the only possible answers are "jah" [yes] or "ei" [no].

(4) The title of a draft resolution to hold a referendum shall include the words "rahvahääletuse korraldamine" [holding of referendum].

(5) The draft resolution shall set out the date of the referendum.";

2) the Act is amended by adding Chapter 121 worded as follows:

"Chapter 121

Resolution to Hold Referendum in order to Pass Act or Decide on Other National Issue § 1241. Resolution to hold referendum in order to pass Act

(1) If an initiator submits a draft Act which the initiator wishes to submit to a referendum, proceedings regarding the draft Act

shall be conducted together with the draft resolution to hold the referendum pursuant to the provisions of Chapters 9 and 14 of this Act. The plenary assembly of the Riigikogu shall deliberate the draft Act and the draft resolution as one item on the agenda. If the draft Act is rejected at the first reading, the draft resolution is also deemed to have been rejected from the proceedings. Members of the Riigikogu have the right to submit motions to amend the draft Act and the draft resolution.

(2) If an initiator submits a draft resolution to hold a referendum pursuant to the procedure provided for in clause 52 (2) 2) of this Act, the draft resolution shall firstly be deliberated pursuant to the provisions of Chapter 9 of this Act. During the first deliberation of the draft, the Riigikogu shall decide by a majority of votes in favour whether to combine the proceedings regarding the draft resolution with the proceedings regarding the draft Act indicated therein. If the Riigikogu decides to combine the proceedings regarding the draft Act and the proceedings regarding the draft resolution, the joined proceedings shall commence from the stage of the proceedings regarding the draft Act and shall be conducted pursuant to the provisions of Chapters 9 and 14 of this Act. The plenary assembly of the Riigikogu shall deliberate the draft Act and the draft resolution as one item on the agenda. If the Riigikogu does not decide to combine the proceedings regarding the draft Act and the draft resolution, the draft resolution is deemed to have been rejected.

(3) If an initiator withdraws from proceedings a draft Act together with which the initiator has submitted a draft resolution to hold a referendum or to which the Riigikogu has bound a draft resolution to hold a referendum, the draft resolution is also deemed to have been withdrawn from the proceedings.

(4) The Riigikogu shall decide to hold a referendum in order to pass an Act by voting on the draft resolution at the second or third reading of the draft Act after voting on the motions to amend, unless the second reading of the draft Act is suspended, the draft Act is sent to a third reading or the third reading of the draft Act is suspended.

(5) A majority of votes in favour is required to pass a draft resolution as a resolution. In order to submit draft Acts specified in subsection 104 (2) of the Constitution of the Republic of Estonia to a referendum, the corresponding draft resolutions must receive a majority of votes of the members of the Riigikogu. If a draft resolution is not passed as a resolution, the draft Act is also deemed to have been rejected.

§ 1242. Submission of other national issue to referendum

A draft resolution to hold a referendum to decide on another national issue shall be deliberated pursuant to the provisions of Chapter 9 of this Act. A majority of votes in favour is required to pass the resolution."