
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 By 1990, six states had repealed their sunset laws and another six had suspended the process (Brinegar and Schmitt, The Book of the States 1992–1993).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repealed |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 |
Office of Program Review and Investigations (closed January 4, 2017)
|
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 |
Office of the State Auditor |
Idaho |
no |
yes, but limited |
Office of Performance Evaluations |
Illinois |
no |
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 |
Legislative Auditor General
Sunset review process
|
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 committee reports
Department of Health Sunrise Reviews
Sunrise Guidelines |
West Virginia |
yes |
repealed 2007
|
West Virginia Performance Evaluation and Research Division Reports |
Wisconsin |
no |
yes, but limited |
Legislative Audit Bureau |
Wyoming |
no |
repealed 1988 |
|
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