441 Pa. 293 | Pa. | 1971
Lead Opinion
Opinion by
At issue in this appeal is the constitutionality of Section 15 of the Chiropractic Registration Act, which requires that chiropractors, to be eligible for renewal of their annual registration and license, must demonstrate that they have attended one two-day educational conference held by the Pennsylvania Chiropractic Society, or an equivalent educational conference. We agree with the Court of Common Pleas of Dauphin
This case arose out of the following circumstances. In 1968, the Life Fellowship of Pennsylvania, a professional association of chiropractors, applied to the State Board of Chiropractic Examiners for approval of a two-day educational conference, which Life Fellowship proposed to hold. The reason for conducting the conference was to satisfy the requirements of Section 15 of the Act. Section 15 provides in pertinent part: “No applicant for registration shall be granted a registration for the ensuing license year unless the applicant shall furnish to the board satisfactory evidence that he has attended not less than one two-day educational conference by the Pennsylvania Chiropractic Society, Inc., during the current license year, or that he has attended an equivalent educational conference during the same period. An equivalent educational conference shall be one approved or ratified by the board as meeting the educational and professional requirements of the profession.” Act of August 10, 1951, P. L. 1182, §15, 63 P.S. §615.
The Board dismissed the application. Life Fellowship appealed to the Dauphin County Court sitting as the Commonwealth Court, which held that the references to the Society made the statute a special law in violation of Art. Ill, Section 32, and also that the automatic approval of conferences held by the Society was an unlawful delegation of legislative power under Article II, Section 1. The Commonwealth Court, however, concluded that the statute would be valid if all references to the Society were stricken. It therefore dismissed the appeal, but observed that the Board must now promulgate additional rules relative to the approv
Thereafter, Life Fellowship appealed to the Superior Court, which affirmed per curiam. This Court granted a petition for allowance of appeal.
Z. Constitutionality
Article III, Section 32 of the Pennsylvania Constitution provides in part: “The General Assembly shall pass no local or special law in any case which has been or can be provided for by general law . . . .”
We agree with the Commonwealth Court that the statutory privilege granted to the Society under Section 15 violates this section of the constitution. Section 15 is part of a scheme of legislative regulation designed to protect the public and to insure that practitioners of chiropractic meet certain standards of educational and professional competence. The Legislature in adopting such regulatory statutes may grant certain exemptions, but such particular exemptions must be founded upon “sound reason and real necessity”. Commonwealth v. McDermott, 296 Pa. 299, 304, 145 Atl. 858, 859 (1929). Where the exemption granted is to a specific organization rather than to a class or group, the necessity and reason for such an exemption must be still more firmly grounded. See Haverford Township v. Siegle, 346 Pa. 1, 5, 28 A. 2d 786, 788 (1942).
In Commonwealth v. McDermott, supra, this Court found that the high standing and capacity for effective charity work of the exempt class of organizations there involved was a matter of common knowledge and was the undoubted basis of the Legislature’s grant of an exemption. In the present case, however, there is no indication that the Legislature relied upon either the standing or adequacy of the Society in framing the exemption contained in Section 15. Nor is there any
We conclude that the record before us fails to demonstrate any sound reason or real necessity for the specific exemption from certified compliance with the educational and professional requirements of the chiropractic profession which Section 15 extends to the Society’s conferences, and therefore Section 15 is an unlawful special law.
We also agree with the Commonwealth Court that the preferential treatment accorded the Society violates Article II, Section I, of the Pennsylvania Constitution which provides: “The Legislative power of this Commonwealth shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives.”
It is axiomatic that the Legislature cannot delegate its power to make laws to any other branch of government, or to any other body or authority. Chartiers Valley Joint Schools v. Allegheny County Board of School Directors, 418 Pa. 520, 211 A. 2d 487 (1965); Archbishop O’Hara’s Appeal, 389 Pa. 35, 131 A. 2d 587 (1957); Holgate Brothers Co. v. Bashore, 331 Pa. 255, 200 Atl. 672 (1938); Baldwin Township Annexation, 305 Pa. 490, 158 Atl. 272 (1931). “While not specifically set forth in the Constitution, the non-delegation rule is a natural corollary to Article II, §1 since it requires that the basic policy choices involved in ‘legislative power’ actually be made by the Legislature as constitutionally mandated. It is generally agreed that the non-delegation principle does not require that all details of administration be precisely or separately enumerated in the statute. ‘While the legislature cannot delegate power to make a law, it may, where necessary, confer authority and discretion in connection with the execution
Guided by these principles, we hold that a statute stating attendance at a conference of a particular chiropractic society will satisfy license and registration standards, without providing any guide or criterion, is an unlawful delegation to that society of the power to determine the requirements, quality and nature of chiropractic continuing education, and is an abrogation by the General Assembly of its constitutional legislative duties.
II. Severability
Section 55 of the Statutory Construction Act states: “The provisions of every law shall be severable. If any provision of a law is found by a court of record to be unconstitutional and void, the remaining provisions of the law shall, nevertheless, remain valid, unless the court finds the valid provisions of the law are so essentially and inseparably connected with, and so depend upon, the void provision, that it cannot be presumed the Legislature would have enacted the remaining valid provisions wtihout the void ones; or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.” Act of May 28, 1937, P. L. 1019, art. IV, §55, 46 P.S. §555. (Emphasis added.)
We have set out the principles to be followed in analyzing this type of problem in Saulsbury v. Bethle
With tbe deletions ordered by tbe Dauphin County Court, Section 15 reads as follows: “No applicant for registration shall be granted a registration for tbe ensuing year unless tbe applicant shall furnish to tbe board satisfactory evidence that be has attended not less than one two-day educational conference [‘by tbe Pennsylvania Chiropractic Society, Inc.’ was deleted] during tbe current license year, or that he has attended an equivalent educational conference during tbe same period. An equivalent educational conference shall be one approved or ratified by tbe board as meeting the educational and professional requirements of. the profession.”
Applying tbe Saulsbury principles noted above to this case, we bold that tbe unconstitutional portion of Section 15 as enacted, namely, tbe reference to tbe Pennyslvania Chiropractic Society, Inc., is not capable of separation in fact from tbe rest of tbe statute. We are mindful that “in determining a statute’s validity we must look to its purpose, its nature and its reason
Conceivably the statute could be further rewritten so as to avoid constitutional infirmities. However, such a task lies properly with the Legislature, for additional editing of Section 15 on our part would amount to judicial legislation. See Saulsbury v. Bethlehem Steel Co., supra, at 320, 196 A. 2d at 667.
The order of the Superior Court affirming the order of the Court of Common Pleas of Dauphin County is reversed.
Concurrence in Part
Concurring and Dissenting Opinion by
I agree with Part I of the opinion of the Court holding, as did the courts below, that Section 15 of the Chiropractic Registration Act of 1951 is unconstitutional as written. I respectfully disagree with Part II of the opinion, holding that the offending portions of
The issue is one of determining whether the unconstitutional provisions of the statute are severable and whether the statute can stand as a coherent whole and can express the basic intent of the legislature without those offending sections. “Whether or not one part of a statute can survive the excision of another part which has been held invalid is a question of statutory construction, and in determining it the court searches for the intention of the legislature.” Rieck-McJunkin Dairy Co. v. Milk Control Commission of Pennsylvania, 341 Pa. 153, 162, 18 A. 2d 868 (1941). Our basic guideline in approaching these questions, as the Court recognizes, is the Statutory Construction Act, Section 55 of which provides in part as follows: “The provisions of every law shall be severable. If any provision of a law is found by a court of record to be unconstitutional and void, the remaining provisions of the law shall, nevertheless, remain valid, unless the court finds the valid provisions of the law are so essentially and inseparably connected with, and so depend upon, the void provision, that it cannot be presumed the Legislature would have enacted the remaining valid provisions without the void one; or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.” Act of May 28, 1937, P. L. 1019, art. IY, §55, 46 P.S. §555.
The Dauphin County Court, having reached the decision that the section in question was unconstitutional, struck from it the reference to the Pennsylvania Chiropractic Society. There remained, however, the phrase “an equivalent educational conference”. The court below recognized that this was awkward, since the quoted phrase had meaning only with reference to the deleted
Appellant contends that if the Act were to be thus construed it would constitute an invalid delegation of authority to the State Board of Chiropractic Examiners to the extent that the sole standard governing the
I conclude that the invalid portions of the Act are properly severable from the Act as a whole and should be stricken; and that the Act, as it would read following such severance, is not an unconstitutional delegation of legislative power to the Board. I would therefore indicate disapproval of the adjudication of the State Board of Chiropractic Examiners to the extent that it was based on the provisions of Section 15 of the Chiropractic Registration Act of 1951 as originally enacted and prior to severance of the unconstitutional portions. Accordingly, I would affirm the order of the Superior Court, which affirmed the order of the Court of Common Pleas dismissing the appeal from the State Board adjudication.
The adjudication of the State Board and the appeal therefrom by appellant related .to an educational conference proposed to be held in June, 1968. Obviously the requested conference cannot now be held and the specific application therefor is not susceptible of further action by the State Board or the court below, nor was it susceptible of such action at the time of the decision of