Attorney Says Oklahoma Closing Fund Unconstitutional

OKLAHOMA CITY (AP) - An Oklahoma City attorney claims a closing fund created by the Legislature last session is unconstitutional.

Attorney Jerry Fent filed a lawsuit Thursday in the state Supreme Court, claiming the so-called "Oklahoma Quick Action Closing Fund" violates the separation of powers clause and other provisions of the state constitution. Gov. Mary Fallin pushed for the fund last year as a way to offer cash incentives to businesses considering locating in the state.

Lawmakers passed a bill to create the fund, but did not appropriate any money into it. Fallin is named as a defendant in the lawsuit, along with House Speaker Kris Steele and Senate President Pro Tem Brian Bingman. Fallin was in New York City promoting Oklahoma as a destination for business on Thursday and unavailable to comment.

Bingman says he's confident the fund is constitutional and will result in more jobs for the state.