NewsOK
BY MICHAEL MCNUTT mmcnutt@opubco.com
Published: September 28, 2011
The state Supreme Court ruled a section of a law that established a fund to attract businesses to Oklahoma is unconstitutional, but that the rest of the legislation is not affected.
The high court voted 6-1 that a section of House Bill 1953 is unconstitutional because it violates the separation of powers set out in the state constitution. Justice John Reif dissented, Justice James Winchester didn't participate and Justice Yvonne Kauger disqualified herself.“
The offending provision is severable from the balance of the section which stands unaffected by this order,” the Supreme Court order states.
The measure creates the Oklahoma Quick Action Closing Fund. The Supreme Court voted to toss out the section of the law that authorizes the governor to make the final decision on a project, subject to consultation with the speaker of the House and the Senate president pro tem.
Jerry Fent, an Oklahoma City attorney, filed the legal challenge to the measure, saying legislative leaders by consulting with the governor on whether to approve expenditures from the closing fund are acting as the executive branch and violating the constitution's separation of power prohibition. The Legislature makes the
laws and the executive branch carries them out... FULL ARTICLE
Posted on
Wed, September 28, 2011
by John Cox