You may be wondering what “outside sections” are. If you are already familiar with the term, then you probably know how frustrating they are to research. Outside sections are the sections added at the end of an appropriations bill (aka the state budget) that can be, but don’t necessarily have to be, related to budgetary matters; instead, an outside section may create a new law or amend an existing one. The main problem with researching outside sections is the fact that they’re tacked onto the state budget, which is the largest piece of legislation passed every year, and finding information about your outside section can feel a lot like searching for that needle in a haystack. Instatrac’s bill tracking database, MassTrac, to which the library has a subscription, often provides documents helpful with researching outside sections. You may ultimately find, though, that sifting through the various budget drafts and amendments, long bill histories, and House and Senate journal entries is the most thorough approach.
Passing legislation through outside sections is also controversial as many believe the practice goes beyond its original purpose and is now used to deliberately circumvent the open legislative process:
Originally designed as a controlling measure to a line item, the practice of adding outside sections has gone far beyond its original purpose. Now, outside sections may have no connection with any line item language. Legislation that has originated as an "outside section" of an appropriation bill from the Ways and Means Committee of either the House or Senate usually does not have a public hearing and is enacted as part of the appropriations bill. (Source: 1.8.1 Outside Sections)
The year 1975 was the first time an outside section was used in the budget to amend the General Laws, and it was a provision to eliminate unemployment payments to those who have retired or have left their jobs voluntarily. In a 1993 publication by Hogarty and Manley (cited below), they describe this as the “first abuse that opened the floodgates.” While the practice has become more and more common, the use of outside sections for this purpose by the legislature can fluctuate. Mark Bobrowski, in his 2009 Massachusetts Law Review article “The Massachusetts ‘Smart Growth’ Experiment: Chapter 40R”, points out a “sharp decrease” of outside sections between 2004 and 2009. The most current passed budget for FY2021 contained 113 outside sections!
The Supreme Judicial Court has declined to issue a ruling on the constitutionality of this practice, but one court case did elicit the SJC’s opinion that outside sections are not related to the budget and therefore should not become immediately effective upon passage. Instead, the rules regarding the effective dates of outside sections must be the same as those imposed on general statutes, which is typically 90 days after enactment. See: Sutton Corporation v. Metropolitan District Commission, 423 Mass. 200, 667 N.E. 2d 838 (1996).
If you are researching an outside section, keep in mind the controversy surrounding this type of legislation. Also, check out the State Library’s webpage on legislative research, which includes helpful information and links to important primary and secondary resources.
Further reading:
- Hogarty, Richard A. and Richard A. Manley, Circumventing Democracy: Lawmaking by Outside Budget Section. Boston: University of Massachusetts, 1993.
- Budget Process Timeline
- Massachusetts Legislative History
Kaitlin Connolly
Reference Department
