Should Sunset Dates Be Required for All New Laws?

I have a proposal for consideration for the upcoming 2027 California Legislative Session. Should all new statutes have a sunset date? And perhaps a required report to the Legislature and Administration?

This is already a requirement for all new or expanded tax expenditure programs (TEPs) pursuant to Revenue and Taxation Code Section 41. What began as a legislative committee rule (i.e., a TEP could not be passed out of the policy committee without a sunset date and reporting requirement) became a state statute and has been in effect for the past decade.

In addition, the Legislature requires new (and existing) regulatory boards and commissions to go through the “sunrise” (to determine whether a licensing scheme is appropriate and necessary) and “sunset review” (to determine whether continued regulation is necessary) processes.

So, why not apply this rule to other areas of state law in which a new program or requirement is proposed? In other words, regardless of whether it is a new Business and Professions Code provision or a new Labor Code provision, each new statutory requirement or program would be subject to a sunset date and a reporting requirement so that the Legislature and Administration can determine whether the law should remain in effect.

What would be an appropriate amount of time for a sunset date? I would recommend perhaps five to seven years. For other new programs, perhaps the sunset date should be seven to ten years. It depends, of course, on a number of factors that could be determined by the policy committee imposing the sunset date and reporting requirement.