THE ATTORNEY GENERAL HAS DICTATED THAT I RESPOND TO YOUR LETTER REGARDING THE APPLICATION OF THE OPEN RECORDS ACT TO CERTAIN RECORDS IN THE CUSTODY OF THE COMMISSION'S LAW ENFORCEMENT DIVISION. YOUR REQUEST PRESENTED THE FOLLOWING QUESTION:
DOES THE OKLAHOMA OPEN RECORDS ACT, CODIFIED AT 51 O.S. 24A.1 (1989) ET SEQ., REQUIRE THE OKLAHOMA HORSE RACING COMMISSION TO RELEASE DOCUMENTS CONTAINING INFORMATION ON PERSONS WHO CASH WINNING PARI-MUTUEL TICKETS AT COMMISSION LICENSED RACE TRACKS, WHEN SUCH DOCUMENTS ARE RECEIVED BY THE LAW ENFORCEMENT DIVISION OF THE HORSE RACING COMMISSION SOLELY FOR INVESTIGATIVE PURPOSES?
BECAUSE OF THE TYPE OF QUESTION PRESENTED AND ITS CLEAR STATUTORY CONSTRUCTION, IT HAS BEEN DETERMINED THAT YOUR REQUEST SHOULD BE ADDRESSED IN A LETTER INSTEAD OF AN OFFICIAL OPINION. SINCE THIS IS NOT A FORMAL OPINION, IT IS NOT TO BE CONSIDERED AN OFFICIAL OPINION OF THE ATTORNEY GENERAL BUT SOLELY THE OPINION OF THE ASSIGNED ATTORNEY.
PURSUANT TO THE AUTHORITY GRANTED IN 3A O.S. 203.3(C) (1989), THE HORSE RACING COMMISSION HAS ESTABLISHED A LAW ENFORCEMENT DIVISION. THE LAW ENFORCEMENT DIVISION IS CHARGED WITH THE RESPONSIBILITY OF ENFORCING THE CRIMINAL LAWS OF THE STATE, PREVENTING CRIMINAL ACTIVITY RELATING TO HORSE RACING AND INSURING LEGAL PARI-MUTUEL WAGERING AT LICENSED RACE TRACKS. 3A O.S. 203.3(C)/3A O.S. 208.8/3A O.S. 208.9 (1989).
THE LAW ENFORCEMENT DIVISION MUST BE HEADED BY A PROFESSIONAL LAW ENFORCEMENT OFFICER OR A PERSON WITH A MINIMUM OF TEN (10) YEARS EXPERIENCE IN THE FIELD OF LAW ENFORCEMENT. THE OFFICERS AND AGENTS OF THE LAW ENFORCEMENT DIVISION HAVE THE SAME POWERS AND AUTHORITY AS PEACE OFFICERS. THEY MAY CONDUCT INVESTIGATIONS FOR THE PREVENTION OF CRIME AND THE ENFORCEMENT OF THE CRIMINAL LAWS OF THE STATE OF OKLAHOMA. 3A O.S. 203.3(C).
THE AGENTS EMPLOYED BY THE COMMISSION'S LAW ENFORCEMENT DIVISION ARE CERTIFIED BY THE COUNCIL ON LAW ENFORCEMENT EDUCATION AND TRAINING (CLEET). THE STATUTORY SECTION WHICH PERTAINS TO CLEET, 70 O.S. 3311(D)(5) (1989), DEFINES A POLICE OR PEACE OFFICER AS:
"A FULL-TIME DULY APPOINTED OR ELECTED OFFICER WHO IS PAID FOR WORKING MORE THAN TWENTY-FIVE (25) HOURS PER WEEK AND WHOSE DUTIES ARE TO PRESERVE THE PUBLIC PEACE, PROTECT LIFE AND PROPERTY, PREVENT CRIME, SERVE WARRANTS, AND ENFORCE LAWS AND ORDINANCES OF THIS STATE, OR ANY POLITICAL SUB-DIVISION THEREOF(.)
THE LAW ENFORCEMENT DIVISION IS IN CHARGE OF ALL INVESTIGATIONS OF RACE TRACKS, COMMISSION LICENSEES, PARI-MUTUEL WAGERING, AND OTHER MATTERS INVOLVING LICENSED RACE TRACKS. THEY CONDUCT BACKGROUND INVESTIGATIONS OF LICENSEES AND INVESTIGATE ALL PERSONS WHO CASH WINNING PARI-MUTUEL TICKETS AT COMMISSION LICENSED RACE TRACKS. 3A O.S. 203.3/3A O.S. 208.8, AND 3A O.S. 208.9 (1989). THE MAIN PURPOSE FOR SUCH INVESTIGATIONS IS TO DETERMINE THE OCCURRENCE OF COLLUSION, FRAUD OR OTHER VIOLATIONS OF THE CRIMINAL LAWS IN CONNECTION WITH HORSE RACING IN OKLAHOMA.
YOU HAVE INFORMED US THAT, ALL LICENSED RACE TRACKS PROVIDE THE COMMISSION'S LAW ENFORCEMENT DIVISION AND THE INTERNAL REVENUE SERVICE WITH EITHER A FORM OR A COMPUTER PRINTOUT CONTAINING INFORMATION ON PARI-MUTUEL RACE WINNERS. THE INFORMATION PROVIDED INCLUDES THE PERSONS NAME, HOME ADDRESS, DRIVERS' LICENSE NUMBER,