In public policy, a sunset provision or sunset clause is a provision in a statute or regulation that terminates or repeals all or portions of the law after a specific date, unless further legislative action is taken to extend it. Not all laws have sunset clauses; in such cases, the law goes on indefinitely. Public policy is a course of action or inaction chosen by public authorities to address a problem. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... A legislature is a governmental deliberative body with the power to adopt laws. ...

Origin

The roots of sunset provisions are laid in Roman law of the mandate. At the time of the Roman Republic, the empowerment of the Roman Senate to collect special taxes and to activate troops was limited in time and extent. Those empowerments ended before the expiration of an electoral office, such as the Proconsul. The rule, Ad tempus concessa post tempus censetur denegata is translated as, what is admitted for a period will be refused after the period. The same rules were applied in the Roman emergency legislation. The fundamental principle appeared in several areas of legislation and later codified in the Codex Iustinianus 10, 61, 1. The principle was broken when Julius Caesar became dictator for life. Roman law is the legal system of ancient Rome. ... In politics, a mandate is the authority granted by an electorate to act as its representative. ... This article is becoming very long. ... The Roman Senate (Latin, Senatus) was the main governing council of both the Roman Republic, which started in 510 BC, and the Roman Empire, which ended in the 6th century AD. The word Senatus is derived from the Latin word senex, meaning old man or elder. ... For the Miocene ape, see Proconsul (genus) Under the Roman Empire a proconsul was a promagistrate filling the office of a consul. ... This article is in need of attention from an expert on the subject. ... Gāius Jūlius Caesar (IPA: ;[1]), July 12 or July 13, 100 BC – March 15, 44 BC) was a Roman military and political leader and one of the most influential men in world history. ...

Examples in American law

Sunset provisions have been used extensively throughout legal history. Some high-profile examples in American law include: The law of the United States is derived from the common law of England, which was in force at the time of the Revolutionary War. ...

Sedition Act of 1798

Part of the Alien and Sedition Acts, the Sedition Act was a political tool used by John Adams and the Federalist Party to suppress opposition. The authors ensured the act would terminate at the end of Adams's term so that it could not be used by Democratic-Republicans against his own party. ... John Adams (October 30, 1735 – July 4, 1826) was a Founding Father of the United States and American politician who served as the first Vice President of the United States (1789–1797), and the second President of the United States (1797–1801). ... The Federalist Party was a United States political party in the period 1793 to 1816, with remnants lasting until 1820. ... The Democratic-Republican Party, also known as the Republican Party[1] (not related to the present Republican Party), Democratic Party or, retrospectively, the Jeffersonian Republicans, came to dominate the politics of the United States during its First Party System, from the 1790s to the 1820s. ...

USA PATRIOT Act

Under §224 of the USA PATRIOT Act, several of the surveillance portions originally expired on December 31, 2005 ^[1], these have since been renewed, but has expired on March 10, 2006. The USA PATRIOT Act is set to sunset the following provisions: To meet Wikipedias quality standards, this article or section may require cleanup. ... December 31 is the 365th day of the year (366th in leap years) in the Gregorian Calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... March 10 is the 69th day of the year in the Gregorian Calendar (70th in leap years). ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ...

• §201 Wiretapping for terrorism cases
• §202 Wiretapping for computer fraud and abuse
• §203(b) and (d) Sharing of wiretap and foreign intelligence information
• §§204, 206, 207, 214, 215, 218, and 225 Foreign Intelligence Surveillance Act related sections including roving wiretaps
• §209 Warranted seizure of voicemail messages
• §217 Computer trespasser communications
• §220 Nationwide service or warrants for electronic evidence
• §223 Privacy violation civil liability

Telephone tapping or Wire tapping/ Wiretapping (in US) describes the monitoring of telephone conversations by a third party, often by covert means. ... Terrorist redirects here. ... The Foreign Intelligence Surveillance Act (FISA) of 1978 prescribes procedures for the physical and electronic surveillance and collection of foreign intelligence information between or among foreign powers. FISA is codified in 50 U.S.C. §§1801-1811, 1821-29, 1841-46, and 1861-62. ... Voicemail (or voice mail; abbreviated v-mail or vmail), invented by Scott A. Jones, is a centralized system of managing telephone messages for a large group of people. ... Privacy is the ability of an individual or group to keep their lives and personal affairs out of public view, or to stop information about themselves from becoming known to people other than those whom they choose to give the information. ... In the most general sense, a liability is anything that is a hindrance, or puts one at a disadvantage. ...

Assault Weapons Ban

In 2004 the sunset provision of the assault weapons ban terminated the law. At the time, President George W. Bush was subject to considerable criticism for failing to urge Republicans in Congress to renew the ban. The Federal Assault Weapons Ban, or AWB, is a provision of the Violent Crime Control and Law Enforcement Act of 1994, a federal law of the United States that includes a prohibition on the sale of semiautomatic assault weapons manufactured after the date of the bans enactment. ... For the pop band, see Presidents of the United States of America. ... George Walker Bush (born July 6, 1946) is an American businessman and politician, was elected in 2000 as the 43rd President of the United States of America, re-elected in 2004, and is currently serving his second term in that office. ... // The Republican Party (often referred to as the GOP, for Grand Old Party) is one of the two major political organizations in the United States two party system; the Democratic Party is the other. ... Seal of the U.S. Congress. ...

The Budget Act and the Byrd Rule

The Congressional Budget Act governs the role of Congress in the budget process. Among other provisions, it affects Senate rules of debate during the budget reconciliation, not least by preventing the use of the filibuster against the budget resolutions. The Byrd rule, named after its principal sponsor, Senator Robert C. Byrd, was adopted in 1990 to modify the Budget Act and is contained in section 313. [1] The rule allows Senators to raise a point of order against any provision held to be extraneous, where extraneous is defined according to one of several criteria. The definition of extraneous includes provisions that are outside the jurisdiction of the committee or that do not affect revenues nor outlays. The Congressional Budget and Impoundment Control Act of 1974 is a U.S. federal law passed by the United States Congress specifying that the President may propose to Congress that funds be rescinded. ... In a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ...

Importantly for sunset provisions, the Byrd Rule also defines as extraneous provisions that "would increase the deficit for a fiscal year beyond those covered by the reconciliation measure." Since the Budget Act states that the reconciliation measure covers the next ten years, this rule has the effect of allowing a point of order to be raised against any spending increase or tax cut which does not contain a sunset provision ending it after ten years. (Otherwise, the provision would increase the deficit in a fiscal year more than ten years hence.) Overcoming a point of order requires cloture, and thus a three-fifths majority of 60 in the Senate. In short, a net effect of the Byrd Rule is to require that any spending increase or tax cut be approved by a majority of 60 if it does not contain a sunset provision of ten years. With the sunset provision, only a simple majority is necessary in the budget reconciliation process. In parliamentary procedure, cloture (pr: KLO-cher) (also called closure, and sometimes a guillotine) is a motion or process aimed at bringing debate to a quick end. ...

Estate Tax and Other Tax Cuts of 2001

In the Economic Growth and Tax Relief Reconciliation Act of 2001 the US Congress enacted a phaseout of the federal estate tax over the following 10 years, so that the tax would be completely repealed in 2010. However, while a majority of the Senate favored the repeal, there was not a three-fifths supermajority in favor. Therefore, a sunset provision in the Act reinstates the tax to its original levels (and indeed, all tax cuts contained in the Act) on January 1, 2011 in order to comply with the Byrd Rule. [2] As of May 17, 2005, Republicans in Congress have tried to repeal the sunset provision, but their efforts have been unsuccessful. Uncertainty over the prolonged existence of the sunset provision has made estate planning more complicated. However, certain provisions of the Act have had their sunset provision repealed. For example, the education savings 529 plans, also introduced in the Act, were permanently extended by the Pension Protection Act of 2006. [3] The Economic Growth and Tax Relief Reconciliation Act of 2001 was a sweeping piece of tax legislation in the United States. ... Inheritance tax, also known in some countries outside the United States as a death duty and referred to as an estate tax within the U.S, is a form of tax levied upon the bequest that a person may make in their will to a living person or organisation. ... January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ... 2011 (MMXI) will be a common year starting on Saturday of the Gregorian calendar. ... Estate planning is the process of accumulating and disposing of an estate to maximize the goals of the estate owner. ... A 529 plan is a tax-advantaged investment vehicle in the United States designed to encourage saving for a childs future higher education expenses. ...

Texas' Sunset Statute

Texas' Sunset process works by setting a date on which an agency (except those established by the Texas Constitution) will be abolished unless legislation is passed to continue its functions. This creates a unique opportunity for the Legislature to look closely at each agency and make fundamental changes to an agency's mission or operations if needed. Agencies are typically reviewed every 12 years. About 20 to 30 agencies go through the Sunset process each legislative session. The Texas Constitution is the document that describes the structure and function of the government of Texas. ...

The Sunset process is guided by a 12-member body of legislators and public members appointed by the Lieutenant Governor and the Speaker of the House of Representatives. Assisting the Commission is a staff whose reports provide an assessment of an agency's programs, giving the Legislature the information needed to draw conclusions about the agencies under review.

Alabama has a similar review process with a more limited number of agencies and a review cycle of every four years. ^[2]

United Kingdom

In the United Kingdom the income tax is legislated for afresh on a yearly basis by Act of Parliament. More recently, the inclusion of a 'sunset clause' caused mass political debate, and public interest in early 2005, during Labour's proposals of the 2005 Anti-Terrorism Bill. An income tax is a tax levied on the financial income of persons, corporations or other legal entities. ... In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ...

Canada

In Canada all legislation enacted under Section Thirty-three of the Canadian Charter of Rights and Freedoms (the notwithstanding clause) has an implied sunset clause of five years. Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ...

Australia

In 2005, the Australian Government decided to legislate new Anti-Terrorism laws. These laws have a sunset clause of five years.

Germany

In the German legislation sunset provisions are applied on several federal levels. The German constitution rules a general sunset provision of six months for emergency legislation. Some federal states, e.g. Hesse and North Rhine-Westfalia sporadically add sunset provisions to bills. // [edit] The Basic Law for the Federal Republic of Germany The Basic Law (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution[1] of modern Germany. ... Hesse (German: Hessen) is a state of Germany with an area of 21,110 km² and just over six million inhabitants. ... North Rhine-Westphalia (German: Nordrhein-Westfalen, usually shortened to: NRW) is - in population and economic output - the largest Federal State of Germany. ...

Notes

1. ^ http://fpc.state.gov/documents/organization/34499.pdf USA PATRIOT Act Sunset: Provisions that Expire on December 31, 2005
2. ^ http://www.examiners.state.al.us/SunsetComm.htm

External links

• Information on Texas' Sunset Commission and statute.