Sunset Legislation in the States: Balancing the Legislature and the Executive

Abstract

Sunset provisions are clauses embedded in legislation that allow a piece of legislation or a regulatory board to expire on a certain date unless the legislature takes affirmative action to renew the legislation or board. The time between enactment or renewal and the next sunset date varies from state to state but typically runs from four to twelve years. The sunset provision typically requires that the legislation or board undergo a review, usually conducted by legislative staff or by state auditors. The reviewers will recommend allowing the law or board to sunset, allowing it to continue but with changes, or leaving it unchanged. Sunset provisions also frequently allow or even require a preliminary review before the final review. Sunset laws are a key tool the legislature uses in asserting itself against an executive branch that often dominates state government.