Legislative Sunsetting

Liberty
1

Legislative Sunsetting

Overview

This policy aims to establish a systematic approach to sunset clauses for all legislation, ensuring regular review and adaptation of laws to reflect societal needs, advancements, and changing circumstances.

Sunset Clause Definition

A sunset clause is a provision within a law that sets an expiration date, after which the law will automatically be repealed unless renewed by the legislature.

Policy Framework

1. Categories of Legislation

  • Short-Term Laws: Laws intended for temporary measures (e.g., emergency responses).
  • Medium-Term Laws: Laws with a duration of 4-24 years, often addressing changing societal needs.
  • Long-Term Laws: Laws that are foundational and expected to be in effect for over 25-50 years, or significant regulatory frameworks. Such as treaties or other international agreements.
  • Permanent Laws: Laws that are foundational and expected to be in effect forever such as constitutional amendments.

2. Determination of Sunset Length

The length of the sunset clause will depend on the scope of the legislation and the level of legislative support required for passage:

  • Short-Term Laws:
    • Expiration after ** 4 years**.
    • Requires a simple majority (50% + 1) for passage and renewal.
  • Medium-Term Laws:
    • Expiration after 5-24 years.
    • Requires a 3/5 majority (60%) for passage and renewal.
  • Long-Term Laws:
    • Expiration after 25-50 years.
    • Requires a 2/3 majority (66.67%) for passage and renewal.
  • Permanent Laws:
    • Expiration after Never.
    • Requires a 2/3 majority (66.67%) for passage and modification.

3. Review Process

  • Legislative Review Committees: Establish committees to review laws before their expiration date. Committees will analyze and document authorizing constitutional enumerated power, effectiveness, societal impact, and ongoing necessity.
  • Public Consultation: Engage stakeholders and the public to gather input on the law’s effectiveness and relevance.
  • Reporting: Committees must submit a report to the legislature at least 6 months prior to the expiration date outlining findings and recommendations.

4. Implementation

  • All new laws will include a sunset clause as per the determined category.
  • Existing laws will be reviewed and categorized and scheduled for update within the four years of implementation of this policy. Any law not reviewed shall be treated as rescinded.

5. Exceptions

  • Laws related to foundational legal frameworks identified by the US Supreme Court may be exempt from normal sunset clauses and be categorized by them as permanent. This recategorization shall trigger a need for the bill to be voted on again if the number of supporting votes initially wal to low.
  • Laws only addressing the naming of streets, bridges, highways, buildings, parks, or other federally owned or managed location shall be treated as permanent.

Conclusion

This policy ensures legislation remains relevant and effective, encourages accountability among legislators, and promotes public engagement in the legislative process. By implementing sunset clauses, the legislature can adapt to evolving societal needs and maintain the integrity of the law.