Regulatory Sunset Act

NOTE: Prior to task force meetings, ALEC posts these legislative member-submitted draft model policies to our website. The draft model policies are then discussed, debated, and voted on by ALEC task force members. Policies that receive final approval by legislators on the ALEC Board of Directors become official ALEC model policy. Draft model policies that fail to become official ALEC model policy are removed from the website.


This model policy would require rules and regulations to automatically sunset after five years, unless the rules or regulations are amended or reapproved by the state legislature or subject to a different termination schedule.

Regulatory Sunset Act

(a) Any rule promulgated after the effective date of this Act shall terminate five years after it is promulgated. Any rule, promulgated on or before the effective date of this Act, that is amended after the effective date of this Act shall terminate five years after its first post-Act amendment.

(b) A rule subject to termination under this section may be renewed for additional terms of five years or less by the Legislature by joint resolution.

(c) If the rule is subject to a different statutory automatic termination provision, that provision shall control.

(d) The existence of an automatic termination provision shall not preclude the repeal of such rule by the Legislature prior to the termination of the rule.

(e) An agency may request the renewal by the Legislature of a rule subject to automatic termination under this section. The request shall be submitted no less than one year, and no more than two years, prior to the termination of the rule. The request shall demonstrate why the rule is required for another five years and shall include a cost-benefit analysis. The agency shall publish the request on its website at the time that the agency submits the request to the Legislature.

(f) The Secretary of State shall provide notice to the promulgating agency at least eighteen months prior to every rule’s termination date.