
Sunset is the automatic termination of regulatory
boards and agencies unless legislative action is taken to reinstate them.
Originally proposed by Colorado in 1976, 36 states adopted sunset legislation.
The most common outcomes of sunset reviews were not terminations of agencies and
boards as predicted, but administrative and structural changes. By 1990, six
states had repealed their sunset laws and another six had suspended the process
(Brinegar and Schmitt, The Book of the States 1992-1993). What is more
common at this time is the statutory inclusion of sunset provisions in new laws
as well as the periodic examination of agencies through performance audits, also
known as legislative or evaluation audits. In some states, the process is
carried out through the state auditor's office, while in others, a branch of the
legislative research agency conducts the reviews.
Sunrise is a process under which an occupation or
profession wishing to receive state certification or licensure must propose the
components of the legislation, along with cost and benefit estimates of the
proposed regulation. The profession must then convince the legislators that
consumers will be unduly harmed if the proposed legislation is not adopted.
Interestingly, professions rather than consumer groups usually seek regulation,
although one rationale for this is that the practitioners understand the harm
associated with professional practice better than do consumers. At least 14
states adopted sunrise legislation, although, as with sunset, the activity
became more widespread through changes in legislative review processes in many
states. A proliferation of voluntarily credentialed groups has reduced the
number of requests for licensure placed before legislatures, although the allied
health, environmental and financial professions are making progress with uniform
licensure.
CLEAR also tracks individual sunrise and sunset reports on its CLEAR News weblog.
State
| Sunrise
| Sunset
| Online
Resources
|
| Alabama |
no |
yes |
Alabama Examiners of
Public Accounts
|
| Alaska |
no |
yes |
Division of Legislative Audit |
| Arizona |
yes |
yes |
Office of the Auditor
General Handbook on Arizona's
Sunrise and Sunset Review |
| Arkansas |
no |
repealed |
Division of Legislative Audit |
| California |
no |
yes |
Joint Legislative Sunset Review Committee State Auditor/Bureau of State
Audits |
| Colorado |
yes |
yes |
Office of Policy, Research and
Regulatory Reform |
| Connecticut |
no |
yes: legislation suspended 1983; reinstated 1998 |
Sunset Process Legislative Program Review and Investigations
Committee |
| Delaware |
inactive |
yes |
Office of Auditor of Accounts |
| Florida |
yes |
yes: reinstated July 2006 |
Florida Sunrise Statute Sunset
legislation Office
of Program Policy Analysis and Govt. Accountability |
| Georgia |
yes |
repealed 1992; activity continues |
Georgia Department of Audits |
| Hawaii |
yes |
yes |
Legislative Reference Bureau Reports and
Studies |
| Idaho |
no |
yes, but limited |
Office of Performance
Evaluations |
| Illinois |
yes |
yes; process inactive |
Auditor General Legislative Audit
Commission |
| Indiana |
no |
yes |
The Office of Fiscal and Management Analysis of the Indiana
General Assembly |
| Iowa |
no |
no |
Auditor of
State Legislative Fiscal
Bureau |
| Kansas |
no |
terminated 1983 |
The Legislative Division of Post Audit |
| Kentucky |
no |
yes; inactive |
Legislative Research
Council Auditor of Public
Accounts |
| Louisiana |
no |
yes |
Legislative Auditor - Performance Audit
Division |
| Maine |
yes |
yes |
Department of
Audit Maine Sunrise Review Procedures |
| Maryland |
no |
yes |
Office of Legislative Audits |
| Massachusetts |
no |
no |
Auditor of the Commonwealth |
| Michigan |
no |
yes, but limited |
Office of the Auditor General |
| Minnesota |
yes |
yes, but limited; inactive |
The Legislative Auditor |
| Mississippi |
no |
repealed |
Office of the State Auditor |
| Missouri |
no |
no |
State Auditor's
Office |
| Montana |
repealed |
repealed |
Legislative Audit Division |
| Nebraska |
yes |
repealed |
Legislature -
Performance Audit Reports |
| Nevada |
no |
yes, but limited |
Legislative Counsel Bureau Audit
Division |
| New Hampshire |
no |
repealed |
Office of Legislative Budget Assistant - Audit
Division Performance Audits Online |
| New Jersey |
no |
yes, but limited |
Office of Legislative Services |
| New Mexico |
no |
yes |
Legislative Finance
Committee |
| New York |
no |
yes, but limited |
Office of the New York State Comptroller |
| North Carolina |
repealed |
terminated 1981, 1983 |
Office of the State Auditor
|
| North Dakota |
no |
no |
Office of the State Auditor - Performance
Audits |
| Ohio |
no |
yes |
Auditor of State Sunset Review
Committee - Statute |
| Oklahoma |
no |
yes - inactive |
Office of the State Auditor and Inspector |
| Oregon |
no |
legislation repealed 1993 |
Secretary of state - Audits
Division |
| Pennsylvania |
no |
yes, but limited; now inactive |
Department of the Auditor General |
| Rhode Island |
no |
suspended |
Bureau of Audits
|
| South Carolina |
no |
repealed |
Legislative Audit Council |
| South Dakota |
no |
suspended 1979 |
Department of
Legislative Audit |
| Tennessee |
no |
yes |
Comptroller of the Treasury
Division of State Audit
|
| Texas |
no |
yes |
Sunset Advisory Commission
|
| Utah |
no |
yes |
Utah Auditor General |
| Vermont |
yes |
yes |
State Auditor Sunrise
Reports |
| Virginia |
yes |
yes, but limited |
Recent Sunrise Studies from the
Board of Health Professions
Joint
Legislative Audit and Review Commission Recent Reports
Online |
| Washington |
yes |
yes |
State Auditor Joint Legislative
Audit & Review Cmte Reports Department of Health Sunrise Reports Online Sunrise Guidelines |
| West Virginia |
yes |
yes |
West Virginia Performance Evaluation and Research Division
Reports |
| Wisconsin |
no |
yes, but limited |
Legislative Audit Bureau |
| Wyoming |
no |
repealed 1988 |
Wyoming Department of
Audit |
Please report any changes to sthompson@clearhq.org.
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