TO UPHOLD ITS CONSTITUTIONALITY. CITY OF OKLAHOMA CITY V. OKLAHOMA TAX COMMISSION, 789 P.2D 1287, 1292 (OKLA. 1990). WE MUST READ THIS LANGUAGE TO MEAN THAT ANY COUNTY WHICH INCREASES IN POPULATION AND HAS AN EXISTING PROGRAM AT THE TIME IT MEETS THIS POPULATION LEVEL, WOULD COME WITHIN THE EXCLUSION IN THIS STATUTE. IT WOULD THEN BE A PURE OPEN-ENDED CLASSIFICATION AND COULD BE DEFENDED BASED ON A NUMBER OF ARGUMENTS.
LARGE COUNTIES HAVE MORE PERSONNEL DEVOTED TO CORRECTIONS, SO THAT THEY WOULD NEED LESS ASSISTANCE FROM THE STATE. LARGE, METROPOLITAN AREAS HAVE MANY MORE EMPLOYERS AND GOVERNMENT AGENCIES WHERE OFFENDERS COULD BE PLACED TO DO COMMUNITY SERVICE. IN SHORT, THERE SEEMS TO BE A RATIONAL, REASONABLE REASON FOR THE "LARGE COUNTY" CLASSIFICATION FOR THIS TYPE OF PROGRAM. THIS STATUTE WOULD NOT SEEM TO BE AN UNCONSTITUTIONAL LOCAL OR SPECIAL LAW.
(THOMAS L. SPENCER)