ATTORNEY GENERAL LOVING HAS REQUESTED THAT I RESPOND TO YOUR REQUEST FOR AN OPINION FROM THIS OFFICE. YOU HAVE ASKED IN ESSENCE THE FOLLOWING QUESTION:
ARE FUNDS TRANSFERRED TO THE ETHICS COMMISSION BY THE DAVID WALTERS CAMPAIGN PURSUANT TO A PLEA AGREEMENT ENTERED INTO ON OCTOBER 21, 1993, TO BE USED TO DEFRAY REGULAR RECURRING EXPENSES OF THE AGENCY OR ARE THESE FUNDS TO REMAIN SEGREGATED FOR EXTRAORDINARY PURPOSES?
THIS RESPONSE TO YOUR INQUIRY IS IN THE FORM OF AN INFORMAL RATHER THAN FORMAL OPINION, DUE TO THE FACT THAT THE ANSWER TO YOUR QUESTION MAY BE GLEANED FROM A CLEAR READING OF THE RELEVANT STATUTES AND FURTHER DUE TO THE FACT THAT OPINIONS OF THE ATTORNEY GENERAL ARE LIMITED TO QUESTIONS OF LAW 74 O.S. 18B(A) RATHER THAN FACTUAL QUESTIONS. IT IS THEREFORE NEITHER NECESSARY NOR APPROPRIATE THAT A FORMAL WRITTEN OPINION OF THE ATTORNEY GENERAL BE ISSUED IN RESPONSE TO YOUR QUESTION.
ON OCTOBER 21, 1993, GOVERNOR DAVID WALTERS, AS PART OF A PLEA AGREEMENT, PLEADED GUILTY TO A CRIMINAL CHARGE AND AGREED TO DISGORGE ALL OF HIS CAMPAIGN FUNDS AND DONATE SAME TO THE OKLAHOMA ETHICS COMMISSION ("COMMISSION"). THE LANGUAGE RELEVANT TO DISGORGEMENT OF CAMPAIGN FUNDS IS SET FORTH IN PARAGRAPH 10 OF THE PLEA AGREEMENT:
"DAVID L. WALTERS SHALL, WITHIN THE NEXT SEVEN DAYS, CONTRIBUTE TO THE OKLAHOMA ETHICS COMMISSION THE REMAINING BALANCE OF HIS CAMPAIGN FUNDS, NOT LESS THAN $135,000. GIFTS TO THE COMMISSION MAY BE ACCEPTED PURSUANT TO THE PROVISIONS OF 60 O.S. 381 (1991) ET SEQ. SPECIFICALLY, 60 O.S. 383 (1991) PROVIDES AS FOLLOWS:
"EXCEPT TO THE EXTENT THAT SUCH AUTHORITY IS OTHERWISE SPECIFICALLY VESTED IN SOME OTHER STATE OFFICER, BOARD, COMMISSION, OR AGENCY, THE GOVERNOR OF THE STATE OF OKLAHOMA IS HEREBY AUTHORIZED TO ACCEPT, UPON BEHALF OF THIS STATE, ANY GIFT, TESTAMENTARY OR OTHERWISE, OF ANY PROPERTY PRESENTED TO THIS STATE OR TO ANY STATE INSTITUTION, DEPARTMENT, OR AGENCY. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 60 O.S. 391 THROUGH 60 O.S. 396 OF THIS TITLE, AND EXCEPT FOR GIFTS OF CASH OR THE EQUIVALENT OF CASH, DELIVERY OF SUCH PROPERTY, POSSESSION THEREOF, AND ANY MUNIMENT OF TITLE THERETO SHALL BE MADE TO AND RECEIPTED FOR BY THE DIRECTOR OF PUBLIC AFFAIRS. GIFTS OF CASH OR THE EQUIVALENT OF CASH SHALL BE MADE TO AND RECEIPTED FOR BY THE DIRECTOR OF STATE FINANCE."
IN TURN, GIFTS MADE EXPRESSLY TO THE COMMISSION ARE ALLOTTED TO THE PARTICULAR AGENCY PURSUANT TO 60 O.S. 384 (1991) WHICH PROVIDES AS FOLLOWS:
"ANY PROPERTY INVOLVED IN A GIFT, TESTAMENTARY OR OTHERWISE, GIVEN TO THE STATE OF OKLAHOMA OR SOME STATE OFFICER, BOARD, COMMISSION, OR AGENCY FOR THE USE OR BENEFIT OF A SPECIFIED STATE INSTITUTION, DEPARTMENT, OR AGENCY, WHETHER ONE OR MORE, WHEN ACCEPTED BY THE GOVERNOR AND DELIVERED TO THE OFFICE OF PUBLIC AFFAIRS OR THE OFFICE OF STATE FINANCE AS PROVIDED FOR IN SECTION 60 O.S. 383 OF THIS TITLE, SHALL BE ALLOTTED BY SAID OFFICE OF PUBLIC AFFAIRS OR OFFICE OF STATE FINANCE TO