Legal Definitions - second-degree amendment

A second-degree amendment refers to a proposed change that seeks to modify an amendment that has already been introduced, rather than directly altering the original motion, bill, or resolution. It is essentially an "amendment to an amendment," designed to refine or adjust the terms of an initial proposed alteration before it is voted upon.

Here are some examples to illustrate this concept:

• Legislative Debate: Imagine a city council is debating a new ordinance to regulate food trucks. A council member proposes an amendment to the ordinance, stating that food trucks must operate at least 500 feet away from any brick-and-mortar restaurant. Another council member, believing 500 feet is too restrictive, then proposes a second-degree amendment to the first amendment, suggesting that the distance should be changed to 200 feet instead. This second amendment directly modifies the terms of the first amendment, not the original ordinance itself.

• Corporate Board Meeting: During a board meeting, a motion is on the table to approve a new marketing budget of $1 million for the upcoming quarter. A director proposes an amendment to this motion, suggesting that the budget be reduced to $750,000. Before the board votes on this first amendment, another director proposes a second-degree amendment to the first amendment, arguing that the reduction should only be to $850,000, not $750,000. This second amendment directly alters the proposed change made by the first amendment.

• Community Association Meeting: A homeowners' association is discussing a proposal to update the community's landscaping rules, requiring all residents to plant drought-resistant shrubs. A resident proposes an amendment to this proposal, adding a clause that allows for an exception if a resident has a medical condition preventing them from maintaining such plants. Another resident then proposes a second-degree amendment to the first resident's amendment, suggesting that the exception should also apply to residents over 75 years old, thereby modifying the scope of the original amendment's exception clause.