Concurring Opinion by
Judge Colins:I concur with the erudite opinion of the majority. However, I would like to note that a critical area of inquiry has not been discussed by any party to the instant controversy; to wit, whether the State Ethics Commission (Commission) is still lawfully in existence.
As pointed out in footnote one of the majority opinion, the Commission was to be terminated effective December 31,1987, by the Sunset Act, Act of December 22, 1981, EL. 508, as amended, §§1-14, 71 ES. §§1795.1-1795.14. It is further noted by the majority that the Leadership Committee extended the termination date until December 31, 1988, pursuant to Section 4(4) of the Sunset Act, 71 ES. §1795.4(4).
In October 1987, a resolution proposing the continuation of the Commission was brought before the State House of Representatives and the. Senate. However, this resolution was not approved by the full House and Senate prior to December 31, 1987. In order to keep the Commission from going out of existence, the Leadership Committee met on December 15, 1987, and postponed termination until June 30, 1988. It met once again on June 29, 1988, and further postponed termination until December 31, 1988.
*52Section 4 of the Sunset Act, 71 PS. §1795.4, delineates the powers and duties of the Leadership Committee. Among the powers listed is the authority to postpone the review or termination of an agency for a period not to exceed one year. I am of the opinion that this Section of the Sunset Act is unconstitutional, as it allows a group of six (6) persons1 to legislate in place of the full House and Senate. Such a practice allows the circumvention of the established procedures governing the adoption of resolutions. See Article II, §1; Article III, §§1, 4, 5, 8 and 9; Article IV, §15, of the Pennsylvania Constitution.
In Cloonan v. Thornburgh, 103 Pa. Commonwealth Ct. 1, 519 A.2d 1040 (1986), we held that the Sunset Act was constitutional because all legislative procedural constitutional requirements were met. Pointedly, we stressed that:
Section 7 [of the Sunset Act] requires that for an agency to be continued or reestablished, a positive bicameral legislative action must take place. This Chancellor holds that this action is consistent with Articles II and III of the state Constitution which control the introduction, passage, and finalization of bills. Moreover, Article II, §9 would require that any approved joint sunset resolution be presented to the Governor for his approval. If, for whatever reasons, the General Assembly fails to enact positive legislation or a resolution consistent with constitutional requirements, the termination provision in Section 6 is effective and the administrative agency expires on the previously ordained date certain and after its dismantling is *53completed. No constitutional violation of the legislative process has occurred.
Id. at 12-13, 519 A.2d at 1046. The situation which faces us now presents quite a different scenario, perhaps one not anticipated by our decision in Cloonan. Section 4(4) of the Sunset Act allows the Leadership Committee to effectively circumvent the General Assembly’s intent to discontinue the Commission. This practice is certainly violative of the requirement that bicameral legislative action must be taken to continue or re-establish an agency.
The Leadership Committee’s action was without constitutional authority and, therefore, the Commission was terminated as of June 30, 1988. This termination date is reached by adding the allotted six (6) month wind down period2 to the original termination date of December 31, 1987.
If one concludes that as of June 30, 1988, the Commission went out of existence, one must reach the further conclusion that the Commission has no jurisdiction to continue this or any other investigation.
Perhaps this issue will be presented to the Court at a procedurally appropriate juncture in the future.
Judge BARRY joins in this Concurring Opinion.The Leadership Committee consists of: the Speaker of the House of Representatives, the President pro tempore of the Senate and the Majority and Minority Leaders of the House of Representatives and the Senate.
See Cloonan (agency authorized to wind up its affairs during six month period immediately after termination).