YOUR QUESTION RAISES THE POSSIBILITY THAT THE CONFIDENTIALITY PROVISIONS OF 51 O.S. 24A.10 (1991) MAY APPLY. THIS PROVISION ALLOWS PUBLIC BODIES TO KEEP CONFIDENTIAL RECORDS RELATING TO:
"B.5. THE PROSPECTIVE LOCATION OF A PRIVATE BUSINESS OR INDUSTRY PRIOR TO PUBLIC DISCLOSURE OF SUCH PROSPECT EXCEPT FOR RECORDS OTHERWISE OPEN TO INSPECTION SUCH AS APPLICATIONS FOR PERMITS OR LICENSES.
SUBSECTION C OF THE ABOVE REFERENCED 24A.10 SPECIFICALLY GRANTS THE DEPARTMENT OF COMMERCE THE ABILITY TO KEEP CONFIDENTIAL:
"1. BUSINESS PLANS, FEASIBILITY STUDIES, FINANCING PROPOSALS, MARKETING PLANS, FINANCIAL STATEMENTS OR TRADE SECRETS SUBMITTED BY A PERSON OR ENTITY SEEKING ECONOMIC ADVICE FROM THE OKLAHOMA DEPARTMENT OF COMMERCE; AND
2. INFORMATION COMPILED BY THE OKLAHOMA DEPARTMENT OF COMMERCE IN RESPONSE TO THOSE SUBMISSIONS."
THE OKLAHOMA DEPARTMENT OF COMMERCE MAY NOT KEEP CONFIDENTIAL THAT SUBMITTED INFORMATION WHEN AND TO THE EXTENT THE PERSON OR ENTITY SUBMITTING THE INFORMATION CONSENTS TO DISCLOSURE.
QUESTION 3 ASSUMES THAT THE INFORMATION MAY BE DISSEMINATED TO THE PUBLIC. THIS BEING THE CASE, THERE IS NO STATUTORY AUTHORITY WHICH WOULD ALLOW COMMERCE TO MAKE NON-CONFIDENTIAL INFORMATION AVAILABLE BASED UPON LEVELS OF CONTRIBUTION. A PUBLIC BODY MAY ONLY CHARGE A REASONABLE FEE FOR THE DIRECT COST OF DOCUMENT SEARCH. 51 O.S. 24A.5(3) (1991).
QUESTIONS 4 - 7 RELATE TO THE PROPER ACCOUNTING FOR MONEY RECEIVED BY AN AGENCY. I REITERATE THAT THERE IS NO AUTHORITY FOR COMMERCE TO ACCEPT SOLICITED OR UNSOLICITED CONTRIBUTIONS TO UNDERWRITE THE COST OF ADVERTISING THE OKLAHOMA QUALITY JOBS PROGRAM ACT. AS A GENERAL RULE, AN AGENCY MUST MAKE A DAILY DEPOSIT INTO ITS AGENCY CLEARING ACCOUNT OF "ALL MONIES OF EVERY KIND." 62 O.S. 7.1 (1991). HOWEVER, ATTORNEY GENERAL OPINION NO. 84-034 CLEARLY STANDS FOR THE PROPOSITION THAT GIFTS MUST BE ACCEPTED BY THE GOVERNOR UNDER THE PROVISIONS OF 60 O.S. 381, ET SEQ. THEREFORE, ANY DISCUSSION OF THE PROVISIONS OF 62 O.S. 7.1 IS IRRELEVANT AS COMMERCE LACKS THE AUTHORITY TO ACCEPT SUCH A CONTRIBUTION.
FINALLY, QUESTION NUMBER 8 INQUIRES AS TO THE PROPRIETY OF EXPENDITURES WITHOUT AN APPROPRIATION. THE OKLAHOMA CONSTITUTION AT ARTICLE V, SECTION 55 PROVIDES:
"NO MONEY SHALL EVER BE PAID OUT OF THE TREASURY OF THIS STATE, NOR ANY OF ITS FUNDS, NOR ANY OF THE FUNDS UNDER ITS MANAGEMENT, EXCEPT IN PURSUANCE OF AN APPROPRIATION BY LAW, NOR UNLESS SUCH PAYMENTS BE MADE WITHIN TWO AND ONE-HALF YEARS AFTER THE PASSAGE OF SUCH APPROPRIATION ACT, AND EVERY SUCH LAW MAKING A NEW APPROPRIATION, OR CONTINUING OR REVIVING AN APPROPRIATION, SHALL DISTINCTLY SPECIFY THE SUM APPROPRIATED AND THE OBJECT TO WHICH IT IS TO BE APPLIED, AND IT SHALL NOT BE SUFFICIENT FOR SUCH LAW TO REFER TO ANY OTHER LAW TO FIX SUCH SUM."
AN APPROPRIATION IS LEGISLATIVE AUTHORITY GIVEN AT THE PROPER TIME AND IN A LEGAL FORM TO THE PROPER OFFICERS, TO APPLY A DISTINCTLY SPECIFIED SUM, FROM A DESIGNATED FUND OUT OF THE TREASURY IN A GIVEN YEAR FOR A SPECIFIED OBJECT OR DEMAND AGAINST THE STATE. MENEFEE V. ASKEW, 107 P. 159 (OKLA.1910). IT IS CLEAR