OBJECT OF THIS APPROPRIATION IS FOR THE ASSISTANCE OF THE GROUP OF INDIVIDUALS WHO SHALL OWN, OPERATE AND CONTROL THE WAREHOUSES."
IT CANNOT BE DOUBTED THAT PROVIDING NEEDY PERSONS WITH SAFE, CLEAN AND AFFORDABLE HOUSING IS A DESIRABLE OBJECT. THE LEGISLATURE HAS RECOGNIZED THIS IN THE OKLAHOMA HOUSING AUTHORITIES ACT, 63 O.S. 1051 (1991), ET SEQ. THE ACT PROVIDES AT 63 O.S. 1053 (1991):
(TEXT OF STATUTE)
THE CONSTITUTIONAL PROVISIONS REGARDING PUBLIC PURPOSE AND GIFTS ARE GENERALLY CONSTRUED IN CONJUNCTION WITH EACH OTHER. A DETERMINATION THAT AN EXPENDITURE IS FOR AN AUTHORIZED PUBLIC PURPOSE NECESSARILY MANDATES A DETERMINATION THAT THE SAME IS NOT A GIFT OF PUBLIC MONIES. THE DETERMINATION OF PUBLIC PURPOSE LIES PROPERLY WITHIN THE PROVINCE OF THE LEGISLATURE. HELM V. CHILDERS, 75 P.2D 398 (OKLA.1938). SUCH A DETERMINATION WILL NOT BE SET ASIDE UNLESS THERE IS A CLEAR VIOLATION OF THE CONSTITUTION. OKLAHOMA CITY NEWS BROADCASTERS. INC. V. NIGH, 683 P.2D 72, 76 (OKLA.1984).
BOTH OKLAHOMA AND FEDERAL LAW HAVE RECOGNIZED THE POLICY THAT DECENT HOUSING SHOULD BE AVAILABLE TO ALL CITIZENS. AT THE STATE LEVEL, THIS POLICY IS IMPLEMENTED BY THE COMMERCE DEPARTMENT PURSUANT TO A WELL DEFINED STRATEGY WITH MANDATORY AUDITS THAT INSURE RECIPIENT COMPLIANCE AND PROVIDE THE TYPE OF SAFEGUARDS AND CONTROLS FOUND SUFFICIENT IN WAY.
IN MY OPINION, PROVIDING FUNDING TO INSURE DECENT HOUSING CLEARLY SATISFIES THE REQUIREMENT THAT MONEY BE SPENT ONLY FOR PUBLIC PURPOSES. FURTHER, GIVEN THE FACT THAT SUFFICIENT CONTROLS AND STATE OVERSIGHT ARE PRESENT, USE OF PUBLIC MONEY TO IMPLEMENT THE LEGISLATIVE POLICY CANNOT BE VIEWED AS A GIFT. IN SHORT, IT IS MY OPINION THAT APPROPRIATING MONEY TO MATCH FEDERAL FUNDING TO PROVIDE SAFE, DECENT AND SANITARY HOUSING IS NOT UNCONSTITUTIONAL.
THIS ANALYSIS REPRESENTS THE VIEWS ONLY OF THE UNDERSIGNED ATTORNEY AND IS NOT A FORMAL OPINION OF THE ATTORNEY GENERAL. SHOULD YOU NEED ANYTHING FURTHER REGARDING THIS MATTER, PLEASE FEEL FREE TO CONTACT THE UNDERSIGNED.
(DOUGLAS F. PRICE)