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Many U.S. state legislatures use some form of sunset review (periodic evaluation of agencies, boards, commissions, programs, or regulations, often with automatic termination unless reauthorized). Adoption peaked in the late 1970s–1980s (roughly 36 states at one point); some later repealed, suspended, or shifted toward narrower/selective processes or program evaluation. Scope, cycles, and administration vary widely.
Categories of Sunset Review
Common types (from Council of State Governments and related analyses):
- Comprehensive (C): Most or all statutory agencies reviewed on a set cycle.
- Regulatory (R): Focused mainly on licensing/regulatory boards.
- Selective (S): Targeted at specific agencies or types (e.g., occupational licensing, certain departments).
- Discretionary (D): Legislature or a body chooses what to review.
- Clausal (CL): Sunset dates/clauses attached to specific legislation or programs (less systematic).
Some states combine approaches or use hybrid systems. Reviews are often handled by legislative committees, dedicated commissions/staff, auditors, or executive agencies (e.g., Colorado’s Department of Regulatory Agencies), with the legislature making final continuation/modification/termination decisions. Cycles commonly range from 4–12 years (sometimes up to 15).
States with Formal Sunset Legislation (per Book of the States Table 3.27, ~2022–2023 data)
Examples with active or formal processes include:
| Scope | States (examples) |
|---|---|
| Comprehensive | Alabama, Alaska, Arizona, Louisiana, Nevada, Ohio, Tennessee (Maryland also has C elements) |
| Regulatory | Colorado, Georgia, Hawaii, Kentucky, Missouri, Pennsylvania (Maryland also has R) |
| Selective | California, Florida*, Idaho, Illinois, Indiana, Maine, New Mexico, Oklahoma, Texas, Virginia, West Virginia |
| Discretionary | Arkansas, Connecticut, Delaware, Nebraska, Oklahoma, Utah, Vermont, Washington, Wyoming |
| Clausal / mixed | Idaho, Michigan, Minnesota, Montana, Nebraska, Nevada, New Jersey, New York, Oregon, Virginia, Wisconsin (and others combining with above) |
*Florida’s formal comprehensive process was largely eliminated around 2011; residual selective elements may appear in some summaries.
Notable active or well-known systems:
- Texas — Sunset Advisory Commission; selective/comprehensive-style reviews of many agencies (typically up to 12-year cycles); long-running and frequently cited for abolitions, consolidations, and savings.
- Colorado — Pioneer (1976); strong regulatory focus via the Department of Regulatory Agencies, with legislative final action.
- Alabama, Arizona, Tennessee, Ohio, Louisiana, Nevada — Often listed among more systematic/comprehensive approaches.
- Arkansas — Notable for occupational licensing board reviews (e.g., multi-year cycles).
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