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Got a question? Try Ask the MMA Can the Legislature amend a home rule petition?
Q: Can the Legislature amend a home rule petition?
A: Unless the home rule petition specifically restricts amendments, the Legislature is free to amend the proposal “within the scope of the general public objectives of the petition,” according to a 1969 court opinion.
Cities and towns have three basic options when creating a home rule petition. One is to approve a request for legislation that accomplishes a general purpose. Although draft legislation may be attached, it includes no restrictions on amendments. One town uses the following form for a general home rule petition: “Voted, to authorize the Selectmen to petition the Legislature to enable legislation to [insert purpose]; provided, that the Legislature may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition.”
A second option is to approve a home rule petition that precludes amendments. Boston and some other municipalities have made use of the following language to achieve this purpose:
“Ordered: That a petition to the General Court, accompanied by a bill for a special law relating to the [city or town] to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for clerical or editorial changes of form only:” [insert text of bill].
A third option is to restrict the potential for changes in the proposed legislation by giving selectmen, or other municipal executive, the responsibility for approving any changes in the bill’s language. The following form is recommended:
“Voted, to petition the General Court to the end that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, unless the Selectmen [or other municipal executive] approve amendments to the bill before enactment by the General Court. The Selectmen [or other municipal executive] are hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition.” [insert text of bill]
Answer from third edition of Massachusetts Senate’s “Legislative Drafting and Legal Manual,” published in 2003. The manual can be viewed at www.mass.gov/legis/drafting.htm#home.
Got a question? Try Ask the MMA Can the Legislature amend a home rule petition?
Can the Legislature amend a home rule petition?
Q: Can the Legislature amend a home rule petition?
A: Unless the home rule petition specifically restricts amendments, the Legislature is free to amend the proposal “within the scope of the general public objectives of the petition,” according to a 1969 court opinion.
Cities and towns have three basic options when creating a home rule petition. One is to approve a request for legislation that accomplishes a general purpose. Although draft legislation may be attached, it includes no restrictions on amendments. One town uses the following form for a general home rule petition: “Voted, to authorize the Selectmen to petition the Legislature to enable legislation to [insert purpose]; provided, that the Legislature may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition.”
A second option is to approve a home rule petition that precludes amendments. Boston and some other municipalities have made use of the following language to achieve this purpose:
“Ordered: That a petition to the General Court, accompanied by a bill for a special law relating to the [city or town] to be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for clerical or editorial changes of form only:” [insert text of bill].
A third option is to restrict the potential for changes in the proposed legislation by giving selectmen, or other municipal executive, the responsibility for approving any changes in the bill’s language. The following form is recommended:
“Voted, to petition the General Court to the end that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, unless the Selectmen [or other municipal executive] approve amendments to the bill before enactment by the General Court. The Selectmen [or other municipal executive] are hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition.” [insert text of bill]
Answer from third edition of Massachusetts Senate’s “Legislative Drafting and Legal Manual,” published in 2003. The manual can be viewed at www.mass.gov/legis/drafting.htm#home.
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