ACTED OUTSIDE ITS LEGISLATIVE FUNCTION WOULD BE SUBJECT TO REMOVAL FROM HIS OR HER POSITION WITH THE STATE AND WOULD BE GUILTY OF A MISDEMEANOR. SUCH A RESULT CANNOT BE INFERRED FROM THE LANGUAGE IN 773.
IT IS ALSO NECESSARY TO NOTE THAT THE REQUIREMENT FOR CONFIDENTIALITY IS SET FORTH PLAINLY IN THE LANGUAGE OF 74 O.S. 150.5. THAT SECTION IS UNAMBIGUOUS IN ITS MANDATE THAT THE OSBI MAINTAIN CONFIDENTIALITY UNDER PENALTY OF LAW. THERE IS NO STATUTORY EXCEPTION FOR LEGISLATIVE INQUIRY EXPRESSED IN THAT SECTION OR ANY OTHER SECTION OF THE OKLAHOMA STATUTES. AS IT APPEARS THAT THIS ISSUE HAS NOT BEEN LITIGATED IN OKLAHOMA, IT IS NOT POSSIBLE FOR THIS OFFICE TO STATE UNEQUIVOCALLY THAT THE RULE OF STATUTORY CONSTRUCTION (BY WHICH THE SPECIFIC MANDATE OF CONFIDENTIALITY BY THE OSBI WOULD TAKE PRECEDENCE OVER THE GENERAL AUTHORITY OF A LEGISLATIVE COMMITTEE OR SUBCOMMITTEE TO SUBPOENA INFORMATION) WOULD FALL BY THE WAYSIDE TO A GENERAL ABILITY OF THE LEGISLATURE TO COMPEL PRODUCTION OF INFORMATION, AS HAS BEEN FOUND IN OTHER STATES. IT APPEARS THAT THIS CONFLICT MAY BE ONE WHICH, IF TESTED, WOULD NEED TO BE RESOLVED BY LITIGATION IN A COURT OF COMPETENT JURISDICTION.
IT IS USEFUL TO NOTE IN THE LANGUAGE OF 74 O.S. 150.5(D) THAT THE REQUIREMENT OF CONFIDENTIALITY APPLIES ONLY TO INVESTIGATIONS "BEING CONDUCTED" BY THE OSBI. A PLAIN READING OF THIS SECTION WOULD INFER THAT INVESTIGATIONS NO LONGER BEING CONDUCTED WOULD NOT RETAIN THE REQUIREMENT THAT THEY BE HELD CONFIDENTIAL. WHETHER A PARTICULAR INVESTIGATION IS BEING CONDUCTED WOULD ALSO INVOLVE A QUESTION OF FACT UPON WHICH THIS OFFICE CANNOT PROVIDE AN OPINION.
IN REGARD TO YOUR THIRD QUESTION, 150.5 PROVIDES GUIDELINES AS TO WHOM THE GOVERNOR MAY DISSEMINATE A COPY OF AN OSBI INVESTIGATIVE REPORT. IT HAS BEEN THE POSITION OF THIS OFFICE THAT WHEN THE AGENCY THAT WAS THE SUBJECT OF AN OSBI INVESTIGATION IS AN AGENCY WHICH HAS STATUTORY AUTHORITY IN THE MATTER INVOLVED, THAT AGENCY MAY RECEIVE A COPY OF THE REPORT FROM THE PERSON OR ENTITY WHICH REQUESTED THE INVESTIGATION. A.G. OPIN. NO. 85-051. HOWEVER, AS IS STATED IN 150.5, IT MUST APPEAR TO BE PROPER TO DO SO FROM THE INFORMATION PROVIDED IN THE REPORT. WHETHER IT WOULD BE PROPER TO DO SO IN A PARTICULAR CASE WOULD, AGAIN, ENTAIL A QUESTION OF FACT UPON WHICH THIS OFFICE CANNOT PROVIDE AN OPINION.
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT:
1. THE GOVERNOR OF THE STATE OF OKLAHOMA MAY NOT, PURSUANT TO 74 O.S. 150.5, DISSEMINATE A COPY OF AN OFFICIAL OKLAHOMA STATE BUREAU OF INVESTIGATION INVESTIGATIVE REPORT TO A LEGISLATIVE TASK COMMITTEE IF THE GOVERNOR WAS THE PERSON WHO REQUESTED THE INVESTIGATION.
2. A LEGISLATIVE COMMITTEE HAS NO GENERAL AUTHORITY TO SUBPOENA INFORMATION REQUIRED TO BE KEPT CONFIDENTIAL BY THE OSBI PURSUANT TO 74 O.S. 150.5. HOWEVER, A LEGISLATIVE COMMITTEE WITH SUBPOENA POWER, WITHIN THE CONFINES OF ITS SPECIFIC COMMITTEE FUNCTION AND PURSUANT TO THE LEGISLATURE'S AUTHORITY TO ENACT LAWS, MAY HAVE THE LIMITED AUTHORITY TO