I.E., ART. X, 14, 15
AND ARTICLE X, SECTION 17 OF THE OKLAHOMA CONSTITUTION. HOWEVER, MY RESEARCH INDICATES THAT NEITHER THE OKLAHOMA SUPREME COURT NOR THE ATTORNEY GENERAL HAVE RULED DIRECTLY ON THE CONSTITUTIONALITY OF 2016 IN LIGHT OF THOSE PROVISIONS. THEREFORE, A DETERMINATION OF ITS CONSTITUTIONALITY WOULD PREDICTABLY REQUIRE AN ANALYSIS SUCH AS THE ONE DISCUSSED AT LENGTH IN THE PRECEDING SECTION. HOWEVER, I SHOULD NOTE THAT SUCH AN ANALYSIS WOULD ALSO NECESSARILY INVOLVE THE RESOLUTION OF CERTAIN QUESTIONS OF FACT BEFORE A SPECIFIC SITUATION COULD BE CONCLUSIVELY HELD TO INVOLVE A VIOLATION OF ART. X, 14 AND 15. SEE, A.G. OPIN. NO. 83-149.
WHILE A FINAL CONSTITUTIONAL DETERMINATION APPEARS TO BE DEPENDENT ON QUESTIONS OF FACT, IT IS STILL POSSIBLE TO MAKE CERTAIN GENERAL OBSERVATIONS ABOUT THE CONSTITUTIONALITY OF 2016 BY A REVIEW OF ITS LANGUAGE. WHEN MAKING SUCH OBSERVATIONS, THE APPLICATION OF THE GENERAL PRINCIPLES REAFFIRMED IN WAY V. GRAND LAKE ASSOCIATION. INC.. ET AL., 635 P.2D 1010 (OKLA.1981), SHOULD BE HELPFUL. THESE WOULD INCLUDE THE RULES THAT LEGISLATIVE ACTS MUST BE UPHELD UNLESS THEY PLAINLY AND CLEARLY VIOLATE THE CONSTITUTION, THE "PRESUMPTIVE VALIDITY" OF LEGISLATIVE ENACTMENTS, THAT ANY DOUBTS ABOUT THE VALIDITY OF A LEGISLATIVE ACT MUST BE RESOLVED IN FAVOR OF CONSTITUTIONALITY AND THAT A LEGISLATIVE INTENT TO VIOLATE THE CONSTITUTION IS NEVER TO BE ASSUMED. THE TREND TOWARDS CONSTITUTIONALITY IN REVIEWING LEGISLATIVE ACTS IN LIGHT OF ART. X, 14 AND 15 MUST ALSO BE NOTED. IN OTHER WORDS, THE TREND APPEARS TO BE THE EXPANSION OF WHAT IS CONSIDERED TO BE A PUBLIC PURPOSE. SEE, WAV, SUPRA; HELM V. CHILDERS, SUPRA.
WHEN CONSIDERING THE PURPOSE THAT 6 O.S. 2016 IS DESIGNED TO ACHIEVE, THERE IS A VIABLE ARGUMENT THAT IT WOULD BE CONSTRUED AS A PUBLIC ONE. FOR EXAMPLE, THE EXPRESSLY STATED PURPOSE OF CREDIT UNIONS, AS PROVIDED IN 6 O.S. 2001, IS TO PROMOTE THRIFT AMONG ITS MEMBERS, AND TO CREATE A SOURCE OF CREDIT FOR THEM AT LEGITIMATE RATES OF INTEREST FOR PROVIDENT OR PRODUCTIVE PURPOSES, THEREBY IMPROVING THEIR ECONOMIC AND SOCIAL CONDITION. SIMILARLY, IT HAS BEEN RECOGNIZED IN OKLAHOMA THAT THE PROMOTION OF THE ECONOMIC WELFARE OF OKLAHOMA'S CITIZENS IS A VALID PUBLIC OR GOVERNMENTAL PURPOSE THAT THE STATE AND THE SUBORDINATE GOVERNMENTAL SUBDIVISIONS MAY LEGITIMATELY ENGAGE IN. SEE, APPLICATION OF SOUTHERN OKLAHOMA DEVELOPMENT TRUST, 470 P.2D 572 (OKLA.1970); SUBLETT V. CITY OF TULSA, 405 P.2D 185 (OKLA.1965); A.G. OPIN. NO.'S 86-26 AND 86-071.
IN THE CASE OF 6 O.S. 2016, THE MEMBERS OF THE AFFECTED CREDIT UNIONS ALSO HAPPEN TO ALL BE "PUBLIC EMPLOYEES". SINCE THE EXPRESS PURPOSE OF CREDIT UNIONS IS TO IMPROVE THE ECONOMIC AND SOCIAL CONDITION OF ITS MEMBERS, IT IS ARGUABLE THAT ONE OF THE PRIMARY PURPOSES BEHIND 2016 IS TO IMPROVE THE ECONOMIC AND SOCIAL CONDITION OF PUBLIC EMPLOYEES. INCREASED BENEFITS FOR PUBLIC EMPLOYEES WOULD APPEAR TO HELP TO RETAIN QUALIFIED PUBLIC EMPLOYEES, THEREBY BENEFITTING THE PUBLIC AS A WHOLE. ACCORDINGLY, THE PROVISION OF PUBLIC MONIES, I.E., FREE PUBLIC OFFICE SPACE, TO PUBLIC EMPLOYEE CREDIT