SOCIAL SECURITY NUMBER AND THE AMOUNT OF GROSS WINNINGS. THIS INFORMATION IS SENT DIRECTLY TO THE COMMISSION'S DIRECTOR OF LAW ENFORCEMENT AND DOES NOT GO TO ANY OTHER DIVISION WITHIN THE HORSE RACING COMMISSION. THE INFORMATION IS SENT TO THE LAW ENFORCEMENT DIVISION SOLELY FOR THE PURPOSE OF CONDUCTING ITS INVESTIGATIONS.
THE LAW ENFORCEMENT DIVISION MAY WORK WITH OTHER LAW ENFORCEMENT AGENCIES SUCH AS, THE DISTRICT ATTORNEY'S OFFICE OR THE OKLAHOMA STATE BUREAU OF INVESTIGATION. IF THE DIRECTOR OF THE LAW ENFORCEMENT DIVISION CONCLUDES THAT THE INVESTIGATION DISCLOSES CRIMINAL VIOLATIONS, THE INFORMATION IS PROVIDED TO THE DISTRICT ATTORNEY'S OFFICE OR OTHER LAW ENFORCEMENT AGENCIES.
UNDER THE OKLAHOMA OPEN RECORDS ACT, 51 O.S. 24A.1 (1989) ET SEQ., PUBLIC BODIES SUCH AS THE OKLAHOMA HORSE RACING COMMISSION MUST MAKE RECORDS AVAILABLE TO THE PUBLIC UNLESS SPECIFICALLY REQUIRED BY LAW TO BE KEPT CONFIDENTIAL OR, UNLESS THEY FALL WITHIN A SPECIFIC EXCEPTION TO THE ACT. 51 O.S. 24A.5(1); A. G. OPIN. NO. 88-033 (OCTOBER, 1988). THE OKLAHOMA HORSE RACING ACT, 3A O.S. 200.1 (1989) ET SEQ., IS SILENT ON THE ISSUE OF WHETHER INFORMATION COLLECTED BY THE LAW ENFORCEMENT DIVISION PURSUANT TO ITS INVESTIGATIVE DUTIES MUST REMAIN CONFIDENTIAL.
WE MUST THEN LOOK TO WHETHER AN EXCEPTION IS PROVIDED FOR IN THE OPEN RECORDS ACT ITSELF. THE ACT PERMITS LAW ENFORCEMENT AGENCIES TO KEEP CERTAIN LAW ENFORCEMENT RECORDS CONFIDENTIAL. A LAW ENFORCEMENT AGENCY IS DEFINED BY THE OPEN RECORDS ACT AS:
"ANY PUBLIC BODY CHARGED WITH ENFORCING STATE OR LOCAL CRIMINAL LAWS AND INITIATING CRIMINAL PROSECUTIONS, INCLUDING, BUT NOT LIMITED TO, POLICE DEPARTMENTS, COUNTY SHERIFFS, THE DEPARTMENT OF PUBLIC SAFETY, THE OKLAHOMA BUREAU OF NARCOTICS AND DANGEROUS DRUGS CONTROL, THE ALCOHOLIC BEVERAGE LAWS ENFORCEMENT COMMISSION, AND THE OKLAHOMA STATE BUREAU OF INVESTIGATION." 51 O.S. 24A.3(5) (1989).
THE OKLAHOMA LEGISLATURE HAS SPECIFICALLY REQUIRED THAT THE OKLAHOMA HORSE RACING COMMISSION CREATE A LAW ENFORCEMENT DIVISION FOR THE PREVENTION OF CRIME AND THE ENFORCEMENT OF THE CRIMINAL LAWS OF THE STATE OF OKLAHOMA. THE LEGISLATURE HAS PROVIDED THAT THE EMPLOYEES OF THE LAW ENFORCEMENT DIVISION SHALL HAVE THE SAME AUTHORITY AND POWERS AS ALL OTHER PEACE OFFICERS IN THE STATE. 3A O.S. 203.3(C)(1) AND (2). THE LAW ENFORCEMENT DIVISION OF THE COMMISSION MEETS THE DEFINITION OF A LAW ENFORCEMENT AGENCY AS DEFINED IN THE OPEN RECORDS ACT. THE HORSE RACING COMMISSION, AS A WHOLE, MAY ALSO FUNCTION AS A LAW ENFORCEMENT AGENCY IN CARRYING OUT CERTAIN STATUTORY DUTIES. 3A O.S. 204.
THE ACT DOES REQUIRE RELEASE OF CERTAIN LAW ENFORCEMENT RECORDS. 51 O.S. 24A.8(A) OF THE OPEN RECORDS ACT LISTS THE TYPE OF INFORMATION REQUIRED TO BE DISCLOSED BY LAW ENFORCEMENT AGENCIES. UNDER THE ACT, LAW ENFORCEMENT AGENCIES MUST MAKE AVAILABLE INFORMATION SUCH AS ARRESTEE DESCRIPTIONS, CONVICTION INFORMATION, DISPOSITION OF WARRANTS, CRIME SUMMARIES, RADIO LOGS, AND JAIL REGISTERS. HOWEVER, SUBSECTION B OF 24A.8 PERMITS LAW ENFORCEMENT AGENCIES TO KEEP OTHER TYPES OF RECORDS FROM PUBLIC DISCLOSURE. SUBSECTION B PROVIDES:
"EXCEPT FOR THE RECORDS LISTED IN SUBSECTION A OF THIS SECTION AND THOSE MADE OPEN BY OTHER STATE