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State defends legal challenge to Oklahoma budget

State defends legal challenge to Oklahoma budget

Attorneys argue over the Oklahoma Legislature's decision to move more than $100 million in fuel tax and other revenue from a state transportation fund

Attorneys wrangle over the constitutionality of the Legislature's decision to transfer more than $100 million in fuel tax and other revenue from a state transportation fund.

NewsOK
BY THE ASSOCIATED PRESS
Published: June 22, 2011

Attorneys wrangled Tuesday before a state Supreme Court referee over the constitutionality of the Legislature's decision to transfer more than $100 million in fuel tax and other revenue from a state transportation fund to help shore up a $500 million hole in Oklahoma's state budget this year.

Oklahoma City attorney Jerry Fent, who has repeatedly challenged the way the state raises and spends revenue, has filed a lawsuit arguing the fund transfer was unconstitutional, because it violates a provision of the Oklahoma Constitution that says “no tax levied and collected for one purpose shall ever be devoted to another purpose.”

“We sent restricted excise tax funds to a fund with no restrictions at all, except the pleasure of the Legislature,” Fent said. “I'm protesting the unconstitutional transfers that need to be stopped.”

Feet and Oklahoma Solicitor General Patrick Wyrick presented oral arguments before Referee Greg Albert, who will submit a report to the state Supreme Court. The court will consider the report and either issue a decision or call both parties back for additional arguments... FULL ARTICLE

 

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