FENT v. FALLIN

FENT v. FALLIN
2011 OK 100
Case Number: 109770
Decided: 09/26/2011

THE SUPREME COURT OF THE STATE OF OKLAHOMA

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

JERRY R. FENT, as a resident taxpayer of the State of Oklahoma, and all other similar persons, Petitioner,
v.
MARY FALLIN, Governor of the State of Oklahoma; STATE OF OKLAHOMA, ex rel. OFFICE OF THE STATE TREASURER, and KEN MILLER, as State Treasurer, et al., Respondents.

ORDER

Having considered the petitioner's application to assume original jurisdiction and petition for declaratory relief and writs of injunction and/or mandamus, the brief in support thereof along with the appendix, and the respondent's response thereto, THE COURT DETERMINES:

1) Original jurisdiction is assumed and declaratory relief is granted.

2) To the extent that the Oklahoma Quick Action Fund , 62 O.S. Supp. 2011 §48.2(G), requires the Governor's consultation with legislative leadership before making a final determination of approval for an expenditure from the fund, it violates the Okla. Const. art. 4, §1 extending separate and distinct powers to each department of government. Fent v. Contingency Review Bd., 2007 OK 27, 163 P.3d 512.

3) Subsection G of 62 O.S. Supp. 2011 §48.2(G) is unconstitutional and void. Nevertheless, the provision is severable from the remainder of the legislative enactment which otherwise stands unaffected by this order. Fent v. Contingency Review Bd., supra.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that original jurisdiction is assumed and declaratory relief is granted. Title 62 O.S. Supp. 2011 §48.2(G) is unconstitutional and void. The offending provision is severable from the balance of the section which stands unaffected by this order.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 26th DAY OF SEPTEMBER, 2011.

/S/CHIEF JUSTICE

TAYLOR, C.J., COLBERT, V.C.J., WATT, EDMONDSON, COMBS, GURICH, JJ. -- concur

REIF, J. -- dissents

WINCHESTER, J. -- not participating

KAUGER, J. -- disqualified