ATTORNEY GENERAL HENRY HAS ASKED THAT I RESPOND TO YOUR RECENT REQUEST FOR LEGAL ADVICE FROM THIS OFFICE. PLEASE UNDERSTAND, HOWEVER, THAT THIS LETTER IS NOT A FORMAL, BINDING OPINION OF THE ATTORNEY GENERAL, AS SUCH A FORMAL OPINION HAS NOT BEEN REQUESTED BY YOU. RATHER THIS RESPONSE SHOULD BE CONSIDERED AN INFORMAL LETTER FROM THE AUTHOR TO YOU.
IN YOUR LETTER YOU INQUIRE:
1. UNDER THE PROVISIONS OF 17 O.S. 177 (1981), AS AMENDED BY S.B. 384, WOULD THOSE WHO CONSUME PRODUCTS OR USE SERVICES PROVIDED BY COMPANIES REGULATED BY THE CORPORATION COMMISSION, AS OPPOSED TO THOSE WHO ACTUALLY OWN AND OPERATE SUCH ENTERPRISES OR MAKE THEIR LIVING PRACTICING OR WORKING AT THE CORPORATION COMMISSION, BE ELIGIBLE TO MAKE CAMPAIGN CONTRIBUTIONS OUTSIDE ONE HUNDRED TWENTY (120) DAY WINDOW PERIOD AS PROVIDED FOR IN THE ACT?
2. WOULD A DISCLAIMER ON A FUND RAISING MAILING BY A CORPORATION COMMISSIONER, ADVISING THOSE INDIVIDUALS WHO ARE SUBJECT TO THE REGULATION OF THE CORPORATION COMMISSION OR WHO OWN STOCK IN BUSINESSES REGULATED BY THE COMMISSION OF THE LEGAL LIMITATIONS ON THEIR CAMPAIGN CONTRIBUTIONS, SATISFY THE PROHIBITION AGAINST A COMMISSIONER KNOWINGLY ACCEPTING AN ILLEGAL CONTRIBUTION PURSUANT TO 17 O.S. 177, AS AMENDED BY S.B. 384?
TITLE 17 O.S. 177 SETS PARTICULAR LIMITATIONS ON THE CAMPAIGN CONTRIBUTIONS A CORPORATION COMMISSIONER MAY RECEIVE. SECTION 177 WAS AMENDED BY S.B. 384 IN THE 1988 LEGISLATIVE SESSION. SECTION 177, AS AMENDED PROVIDES:
"NO PERSON WHO IS SUBJECT TO THE REGULATIONS OF THE CORPORATION COMMISSION, OR HAS ANY INTERESTS IN ANY FIRM, CORPORATION OR BUSINESS WHICH IS SUBJECT TO REGULATION BY THE CORPORATION COMMISSION SHALL FURNISH TRANSPORTATION, PRESENTS OR GRATUITIES OTHER THAN AS PROVIDED BY THE OKLAHOMA CAMPAIGN COMPLIANCE AND ETHICAL STANDARDS ACT TO AN MEMBER OF THE CORPORATION COMMISSION OR ANY EMPLOYEE THEREOF; PROVIDED, HOWEVER, DURING A PERIOD BEGINNING ONE HUNDRED TWENTY (120) DAYS PRIOR TO A PRIMARY ELECTION, THROUGH ONE HUNDRED TWENTY (120) DAYS FOLLOWING THE GENERAL ELECTION, ANY PERSON MAY MAKE CONTRIBUTIONS NOT OTHERWISE PROHIBITED BY THE OKLAHOMA CAMPAIGN COMPLIANCE AND ETHICAL STANDARDS ACT TO THE COST OF ANY CURRENT CANDIDATE'S POLITICAL CAMPAIGN. IT SHALL BE UNLAWFUL FOR ANY SUCH MEMBER OR EMPLOYEE TO KNOWINGLY ACCEPT ANY SUCH TRANSPORTATION, PRESENTS OR GRATUITIES FROM ANY SUCH PERSON, FIRM OR ASSOCIATION."
(EMPHASIS ADDED)
THE OKLAHOMA CAMPAIGN COMPLIANCE AND ETHICAL STANDARDS ACT, AS SET FORTH AT 72 O.S. 4200 (1988) ET SEQ., MERELY PROVIDES GUIDELINES FOR THE TYPES AND AMOUNTS OF CONTRIBUTIONS CANDIDATES FOR PUBLIC OFFICE MAY ACCEPT AND DOES NOT DIRECTLY RELATE TO THE ISSUES YOU HAVE RAISED.
WITH REGARD TO YOUR FIRST QUESTION THE KEY PHRASE IN 17 O.S. 177, AS AMENDED BY S.B. 384, IS "(N)O PERSON WHO IS SUBJECT TO THE REGULATIONS OF THE CORPORATION COMMISSION". IN TRYING TO ASCERTAIN THE SCOPE OF THIS LANGUAGE, WE TURN TO THE VARIOUS PROVISIONS GOVERNING THE OKLAHOMA CORPORATION COMMISSION WHICH ARE SET FORTH IN ARTICLE IX, SECTION 15 ET SEQ. OF THE OKLAHOMA CONSTITUTION AND TITLE 17 O.S. 1 ET SEQ. OF THE OKLAHOMA STATUTES. ARTICLE IX, SECTION