Legal Definitions - secondary amendment

A secondary amendment is a proposed change or modification made to another proposed amendment, rather than directly to the original document itself. In legislative, contractual, or other formal processes, it's a way to refine or alter an amendment that has already been put forward for consideration.

Here are some examples to illustrate this concept:

• Legislative Debate: Imagine a national legislature is debating a new bill to reform healthcare. A senator proposes an amendment to the bill, suggesting that all insurance plans must cover mental health services at the same level as physical health services. During the debate on this proposed amendment, another senator believes the language isn't strong enough and proposes a secondary amendment to the first amendment, adding the phrase "without any additional co-pays or deductibles." This modification directly changes the first proposed amendment, not the original healthcare bill.

  Explanation: The first senator's proposal is an amendment to the main bill. The second senator's proposal is a change *to that first amendment*, making it a secondary amendment.

• Contract Negotiation: Two companies are negotiating a complex partnership agreement. One company proposes an amendment to the "liability" clause, suggesting that neither party can be held liable for indirect damages. The other company reviews this and agrees in principle but proposes a secondary amendment to that proposed change, adding an exception for cases of gross negligence or willful misconduct. This modification alters the scope of the first company's proposed amendment.

  Explanation: The first company's suggestion is an amendment to the draft contract. The second company's counter-suggestion, which modifies the first company's proposed change, is a secondary amendment.

• Organizational Bylaws Review: A non-profit organization is reviewing its bylaws. A board member proposes an amendment to the "quorum" rule, suggesting that a simple majority of board members must be present for any vote to be valid. Another board member then proposes a secondary amendment to that suggestion, specifying that for votes on financial matters, a two-thirds majority must be present. This change refines the initial amendment regarding voting requirements.

  Explanation: The initial proposal to change the quorum rule is an amendment to the bylaws. The subsequent proposal, which modifies that specific change, is a secondary amendment.