Gavin Howe
The process of amending laws in Massachusetts involves several steps and requirements. The state has a long history of constitutional amendments, with the 1780 Massachusetts Constitution being the oldest still in effect globally. Citizens play a crucial role in the process, as they can request their legislators to present bills, including money bills that raise revenue. These bills undergo legislative review, with the House considering them first, followed by the Senate, and ultimately require the Governor's signature or approval. Amendments to the Massachusetts Constitution specifically must pass through two sessions of the Massachusetts General Court and gain sufficient legislative support before being put to a vote by the citizens. Additionally, there are specific procedures for amending tax returns, business certificates, and family law judgments in the state.
| Characteristics | Values |
|---|---|
| Who can file legislation? | Members of the House and Senate, the Governor, and citizens (by asking their legislators to present bills "by request") |
| Where can you find the text of proposed amendments? | "Legislative Documents" collection in the State Library's digital repository |
| When do laws become effective? | 90 days after the Governor's signature if subject to Amendment 48 of the State Constitution; 30 days after the Governor's signature if not subject to Amendment 48 |
| How to amend a Massachusetts tax return? | Use MassTaxConnect, the software that your original return was filed with, or a revised paper return with the Amended return oval filled in |
| How to amend a Massachusetts Certificate of Organization? | File Articles of Correction (for corporations) or a Certificate of Amendment (for LLCs) |
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What You'll Learn
Legislative process
The legislative process in Massachusetts involves several steps and requirements that must be followed for a bill to become a law. Here is an overview of the key aspects of the legislative process:
Bill Introduction and Sponsorship
The legislative process in Massachusetts begins with the introduction of a bill. Bills can be filed by members of the House and Senate, as well as by the Governor. Additionally, the state constitution allows citizens to request their legislators to present bills on their behalf, known as "by request" bills. These bills may or may not have the explicit support of the legislators who file them. The annual general appropriation act, originating from the Governor's office, is an example of a bill typically filed in the House first.
Committee Review and Amendment Proposal
Once a bill is introduced, it undergoes review by relevant committees in the House and Senate. Committees may propose amendments to the bill, and public hearings may be held to gather input from stakeholders and experts. This stage is crucial for shaping the final content of the bill.
Floor Debate and Vote
After the committee review process, the bill is brought to the floor of the House and Senate for debate and vote. During this stage, legislators discuss the merits of the bill, consider proposed amendments, and may offer additional amendments. A simple majority vote is typically required for a bill to pass in each chamber.
Governor's Review and Approval
If the bill passes in both the House and Senate, it is then sent to the Governor for review. The Governor has several options: they can choose to sign the bill into law, veto it, or let it become a law without their signature. If the Governor vetoes the bill, the legislature can attempt to override the veto with a two-thirds majority vote in both chambers. If the veto is overridden, the bill becomes law without the Governor's signature.
Effective Date of Laws
The effective date of a law in Massachusetts depends on whether it is subject to Amendment 48 of the State Constitution. Laws that are subject to Amendment 48 become effective 90 days after the Governor's signature. On the other hand, laws not subject to Amendment 48 become effective 30 days after the Governor's signature. Both the Governor and the Legislature have the power to designate an act as an emergency, in which case it takes effect immediately upon the Governor's signature or receipt of the declaration of emergency by the Secretary of State.
Amendments to the Constitution
Amending the Massachusetts Constitution follows a different process. Initiative petitions and legislative referrals for constitutional amendments must go through two sessions of the Massachusetts General Court and receive support from 25% of the legislature in each session. If successful, the proposed amendment is then put on the ballot for Massachusetts citizens to vote on. A constitutional amendment must be adopted by the people of Massachusetts through this ballot process.
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Tax returns
In Massachusetts, taxpayers can amend their tax returns if they need to adjust any information reported on a prior return. This can be done by filing an amended return with the Department of Revenue (DOR). This can be done by using MassTaxConnect, the software that the original return was filed with, or a revised paper return.
If you are using MassTaxConnect, note that there are some restrictions when amending a personal income tax return. Also, you can only amend the current year's return and returns from the previous two years. If you are using the software that your original return was filed with, note that some software vendors do not allow you to amend a return. They can also only amend the current year's return and returns from the previous two years.
If you are filing a revised paper return, you must fill in the Amended return oval and include all schedules filed with the original return, even if there are no changes. For tax years before 2016, write "Amended return" on your amended Form 1 or Form 1-NR/PY. Mail your amended return for current or prior years to the Massachusetts Department of Revenue at PO Box 7000 Boston, MA 02204-7000.
If you are amending your return to decrease your tax, you need to attach supporting documentation. If you are amending to increase your tax, you do not need to attach supporting documentation, but you may still want to include it for your records. Do not file a Form ABT with your amended return, and do not use a previously filed return with the original barcode. You must generate a new document with a new barcode.
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Family law
In Massachusetts, the process of amending a law starts with the filing of a bill. Legislation may be filed by members of the House and Senate and by the Governor. The state constitution also allows citizens to ask their legislators to present bills “by request”.
Once a bill is filed, it is sent to the Governor for their revisal. If the Governor approves, they sign the bill, and it becomes law. If the Governor does not approve, they must return the bill, along with their objections, to the House or Senate, which then has the opportunity to override the veto by a two-thirds vote in both chambers. If the veto is overridden, the bill becomes law without the Governor's signature.
If a citizen wishes to propose an amendment to an existing law, they can request their legislators to present a bill. However, it is important to note that the process of amending laws can be complex and may require legal expertise, especially when it comes to family law, which often involves sensitive issues such as divorce, child custody, and child support. In such cases, it is advisable to consult a reputable and experienced family law attorney who can guide you through the process and ensure your rights and interests are protected.
When it comes to family law in Massachusetts, there are several areas where modifications to court orders or agreements may be necessary. These include changes to parenting plans and schedules, child support, alimony, and custody arrangements. For example, parenting plans made when children are toddlers may need adjustments as they start school or become teenagers. Similarly, changes in income or employment status may warrant modifications to child support or alimony orders. In most cases, the easiest way to seek a modification is for both parties to agree on the proposed change. If an agreement cannot be reached, the matter may need to be resolved in court, and the person requesting the change must demonstrate a material change in circumstances.
It is worth noting that not all aspects of family law are modifiable. For instance, once a property division has been agreed upon or court-ordered, it generally cannot be modified unless there is evidence of fraud or other serious issues. Additionally, the process of modifying family law judgments and orders can be lengthy and potentially contentious, so it is essential to seek legal advice and carefully consider all options before initiating any changes.
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Constitutional amendments
The Massachusetts Constitution, ratified by the legal voters of the Commonwealth in 1780, is the oldest constitution currently in effect in the world. Written primarily by John Adams, it served as the model for the United States Constitution. The constitution has been amended numerous times to meet the needs of a changing society. These changes are referred to as the Articles of Amendment.
The process for amending the Massachusetts Constitution has evolved over time. Between 1779 and 1919, Massachusetts held four large-scale and heavily documented constitutional conventions, which were the main mechanism for making changes to the constitution. Amendments proposed or passed prior to 1920 were likely done so during these constitutional conventions. The Massachusetts General Court continues to hold constitutional conventions, now synonymous with "joint sessions."
The process for amending a law in Massachusetts also involves the governor. Once a bill is passed by the legislature, it is sent to the governor for review. The governor has the option to sign the bill into law, veto it, or let it become law without their signature. If the governor vetoes the bill, it is returned to the legislature with their reasons for the veto. The legislature can then reconsider the bill and override the veto by a two-thirds vote in both chambers, at which point the bill becomes law without the governor's signature. Additionally, if the governor does not sign or veto the bill within ten days while the legislature is in session, the bill becomes law without the governor's signature.
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Certificate of Organization
The Certificate of Organization is a crucial document for establishing a Massachusetts Limited Liability Company (LLC). This certificate officially forms your LLC in the state and allows you to open a business bank account for your company. You can choose to file this certificate by mail or online, and there are associated filing fees for each method.
When filing by mail, you will need to submit the completed Certificate of Organization form, along with a filing fee of $500. After your LLC is approved, the Commonwealth of Massachusetts will not mail any confirmation. Instead, you will need to wait 1-2 business days and then search for your LLC online via the Business Entity Search. From there, you can click on your LLC name, find the "View filings for this business entity" section, and view your Certificate of Organization by clicking the "View Filings" button.
If you opt for the online filing method, the filing fee is $520. Similar to the mail-in process, you will need to wait a few days after submitting your application. If you cannot find your LLC filing online or do not receive a rejection letter within about a week, you can contact the Massachusetts Secretary of the Commonwealth at 617-727-9640 for assistance.
It is recommended to have multiple copies of your Certificate of Organization, both physical and digital, to keep with your business records. Additionally, you can hire companies like Northwest or LegalZoom to form your LLC for you, which will incur their respective service fees in addition to the state fee.
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Frequently asked questions
There are a few ways to amend a Massachusetts law. The first is to ask your legislators to present a bill, which can then be filed by members of the House and Senate and by the Governor. The second is to file a petition for an initiative or legislative referral, which must go through two sessions of the Massachusetts General Court and be supported by 25% of the legislature in each session. If the petition receives enough support, it will be put on the ballot for citizens to vote on.
You can amend a Massachusetts tax return by using MassTaxConnect, the software that your original return was filed with, or by submitting a revised paper return with the Amended return oval filled in. Note that some software vendors do not allow amendments, and can only amend the current year's return and returns from the previous two years.
You can amend a Massachusetts Certificate of Organization by filing an amendment to your Certificate of Organization or Articles of Organization. If you made a mistake in your original formation documents, such as a misspelling, you can file Articles of Correction to fix this. However, this can only be done for corporations in Massachusetts, not LLCs.
