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Sullivan v. Commonwealth2/26/1998
ommonwealth. Pursuant to the Constitution's separation of powers, however, the Legislature could not delegate to the Secretary the power to enact the Compact into law as required by its terms. Thus, while not unconstitutional, 75 Pa.C.S. § 6146(1) is insufficient to render the Compact effective as to the Commonwealth.
Indeed, the Legislature seemed to concede as much in passing Act No. 1996-149 (Act). Although the Secretary had purported to enter into the Compact effective January 1, 1995, on December 10, 1996, the Legislature passed the Act, which, inter alia, added Section 1581 to the Vehicle Code. That section sets forth the full text of the Compact and provides that, "he Driver's License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein. . . ." 75 Pa.C.S. § 1581 (emphasis added). Had the Compact been enacted into law previously, the addition of 75 Pa.C.S. § 1581 would have been unnecessary. Thus, in enacting 75 P.S. § 1581, the Legislature anticipated our holding that the delegation of authority to the Secretary pursuant to 75 Pa.C.S. § 6146 was insufficient to effectuate the Commonwealth's entry into the Compact, and that a statute enacting the Compact into law would be necessary.
In this case, however, PennDOT suspended Sullivan's license more than a year before the Legislature enacted the Compact into law pursuant to 75 Pa.C.S. § 1581. Consequently, PennDOT lacked the authority to suspend Sullivan's license based on his out-of-state DUI conviction. The Order of the Commonwealth Court is therefore affirmed.
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