SUCH STATE INSTITUTION, DEPARTMENT, OR AGENCY, IN ACCORDANCE, AS NEARLY AS POSSIBLE, WITH THE TERMS OF THE GIFT."
IT IS MY UNDERSTANDING THAT THE FUNDS WERE IN FACT DEPOSITED IN AN AGENCY SPECIAL ACCOUNT FOR THE USE AND BENEFIT OF THE COMMISSION RATHER THAN THE GENERAL FUND. THE AGREEMENT STATES NO TERMS OF THE GIFT OR LIMITATION ON THE USE OF THE FUNDS BY THE COMMISSION NOR ARE THERE ANY LIMITATIONS IN THE GIFT ITSELF OTHER THAN THE AGENCY WHICH IS TO RECEIVE THE FUNDS. ONCE IT WAS DETERMINED THAT GOVERNOR WALTERS SHOULD SACRIFICE ALL HIS CAMPAIGN FUNDS THE COMMISSION WAS THE LOGICAL RECIPIENT OF THE FUNDS AND THE HOPE OF OUR OFFICE WAS THAT THE FUNDS WOULD STRENGTHEN ENFORCEMENT OF ETHICS LAWS IN OKLAHOMA, HOWEVER ANY INQUIRY INTO MOTIVATION IS ENTIRELY FACTUAL. IT IS CLEAR HOWEVER THAT THERE ARE NO EXPRESS LIMITATIONS ON THE USE OF THE FUNDS IN THE AGREEMENT OR GIFT AND THEREFORE MAY BE USED FOR ANY LAWFUL PURPOSE BY THE AGENCY SUBJECT, OF COURSE, TO THE VARIOUS BUDGETARY CAPS AND STATUTES GOVERNING THE OFFICE OF STATE FINANCE.
THE BRIEF ATTACHED TO YOUR LETTER EXPRESSES THE OPINION THAT THE LEGISLATURE MAY NOT REDUCE YOUR APPROPRIATION FOR A FUTURE FISCAL YEAR BY USING THESE DONATED FUNDS AS AN OFFSET FOR DAILY OPERATIONS OF YOUR AGENCY. THE LEGISLATURE HA THE BASIC CONSTITUTIONAL POWER TO SET THE APPROPRIATIONS FOR ANY STATE AGENCY AS SET OUT IN ARTICLE V, SECTION 55 OF THE OKLAHOMA CONSTITUTION. SEE STATE EX REL. PHILLIPS V. CARTER, 99 P.2D 1025 (OKL. 1940). RELATIVE TO YOUR AGENCY, THIS POWER IS LIMITED TO THE EXTENT THAT THE LEGISLATURE HAS AN AFFIRMATIVE CONSTITUTIONAL DUTY AND IS REQUIRED BY ARTICLE XXVIII, SECTION 2 OF THE OKLAHOMA CONSTITUTION TO APPROPRIATE FUNDS "SUFFICIENT TO ENABLE IT TO PERFORM ITS DUTIES AS SET FORTH IN THIS CONSTITUTIONAL AMENDMENT." HOWEVER, THIS CONSTITUTIONAL POWER AND LIMITATION THEREUPON DOES NOT IMPACT THE NATURE OF THE GIFT GIVEN TO THE COMMISSION. ALTHOUGH BUDGET CUTS FOR MOST STATE AGENCIES SEEM LIKELY IN THE NEXT FISCAL YEAR, WHETHER THE LEGISLATURE APPROPRIATES SUFFICIENT FUNDS TO ADEQUATELY FUND THE AGENCY IS A QUESTION OF FACT BEYOND THE PURVIEW OF A LEGAL OPINION.
(DOUGLAS B. ALLEN)