DOES NOT COMPEL THE LANDLORD TO OBTAIN A DEPOSIT FROM A TENANT. DEPOSITS ARE STILL A MATTER FOR NEGOTIATION BETWEEN THE PARTIES. ONE WHO ARGUES AGAINST THE CONSTITUTIONALITY OF THE ACT MAY BE ABL E TO OVERCOME THE PRESUMPTION OF CONSTITUTIONALITY BASED ON DIFFERENT FACTS. HOWEVER, ANY FURTHER INQUIRY HERE IS BEYOND THE SCOPE OF AN ATTORNEY GENERAL'S OPINION. IT IS, THEREFORE, MY INFORMAL OPINION THAT 41 O.S. 115(B) OF THE OKLAHOMA RESIDENTIAL LANDLORD AND TENANT ACT, DOES NOT VIOLATE SUBSTANTIVE DUE PROCESS RIGHTS GRANTED BY THE OKLAHOMA AND UNITED STATES CONSTITUTIONS, IN THAT THE LEGISLATURE DID NOT ACT IN AN ARBITRARY AND IRRATIONAL WAY. FURTHER, ASSUMING NO ACTION BY THE STATE OTHER THAN THE ENACTMENT OF THE STATUTE, 41 O.S. 115(B) DOES NOT VIOLATE PROCEDURAL DUE PROCESS BECAUSE NO STATE ACTION EXISTS.
(JANE F. WHEELER)