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91 Results
State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Kansas | Kan. Stat. Ann. § 22-4529 | Entitlement of defendant to counsel; application fee; disposition of moneys |
Any defendant entitled to counsel pursuant to Kan. Stat. Ann. § 22-4503, and amendments thereto, shall pay an application fee in the amount of $100 to the clerk of the + See moredistrict court. Any defendant entitled to counsel in a proceeding for a violation of a condition of release pursuant to Kan. Stat. Ann. § 22-3716, and amendments thereto, shall pay an application fee of $100 to the clerk of the district court. Such fee shall be paid regardless of whether the defendant has paid application fees pursuant to this section in any other proceeding. If it appears to the satisfaction of the court that payment of the application fee will impose manifest hardship on the defendant, the court may waive payment of all or part of the application fee. All moneys received pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of Kan. Stat. Ann. § 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the indigents' defense services fund. If the defendant is acquitted or the case is dismissed, any application fee paid pursuant to this section shall be remitted to the defendant.
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Obligation to collect or record | Clerk, State/statewide agency |
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Kansas | Kan. Stat. Ann. § 8-2115 | Records of traffic cases; transmittal of abstracts to division; form; effect of noncompliance; public inspection of records; notice of final disposition of appeals |
(a) Every municipal judge or judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which + See morea person is charged with any violation of this act or of any other law regulating the operation of vehicles on highways or for the violation of an ordinance of any city defining any offense the provisions of which are identical with provisions of this act, or fixing a limitation upon the speed of vehicles pursuant to the provisions of this act. (b) Within 10 days after the conviction or forfeiture of bail or an appearance bond of a person upon a charge of violating any provisions of this act or other law or city ordinance regulating the operation of vehicles on highways, every judge or clerk of the court in which such conviction was had or bail or bond was forfeited shall prepare and immediately electronically forward to the division an abstract of the record of the court covering the case in which such person was so convicted or forfeited bail or bond. The abstract shall be forwarded in an electronic format approved by the division...(e) The division shall electronically file all abstracts received hereunder at its main office and the same shall be open to public inspection during reasonable business hours.
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Obligation to collect or record | All courts, Clerk |
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Washington DC | D.C. Super. Ct. R. Crim. P. 118 (h) | Sealing of Arrest Records |
(h) Indexing and Access to Sealed Records. The Clerk shall place the records ordered sealed by the Court in a special file, appropriately and securely indexed in order to protect + See moreits confidentiality, subject to being opened on further order of the Court only upon the showing of compelling need. A request for access to such sealed records may be made ex parte. However, unless otherwise ordered by the Court, the Clerk shall reply in response to inquiries concerning the existence of arrest records which may have been sealed pursuant to this rule that no records are available.
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Obligation to collect or record | Clerk |
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Pennsylvania | 42 Pa. Stat. Ann. § 9728 | Collection - clerk obligation to record |
The county clerk of courts shall, upon sentencing, pretrial disposition or other order, transmit to the prothonotary certified copies of all judgments for restitution, reparation, fees, costs, fines and penalties + See morewhich, in the aggregate, exceed $1,000, and it shall be the duty of each prothonotary to enter and docket the same of record in his office and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof.
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Obligation to collect or record | Clerk |
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New Jersey | N.J. Stat. Ann. § 47:1A-8 | Common law right of access |
Nothing contained in [the state open record law], as amended and supplemented, shall be construed as limiting the common law right of access to a government record, including criminal investigatory + See morerecords of a law enforcement agency.
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Obligation to respond to public records requests | All |
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New Jersey | N.J. Stat. Ann. § 47:1A-1 | Legislative findings and declarations |
Government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations + See moreon the right of access accorded by P.L.1963, c. 73 (C.47:1A-1 et seq.) as amended and supplemented, shall be construed in favor of the public's right of access;
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Obligation to respond to public records requests | All |
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New Jersey | N.J. Stat. Ann. § 47:1A-5 | custodian of government records - obligations | The custodian of a government record shall permit the record to be inspected, examined, and copied by any person during regular business hours; | Obligation to respond to public records requests | All |
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New Jersey | N.J. Stat. Ann. § 39:5-44 | Record of fines payable to county; inspection |
Every court having jurisdiction to hear complaints for violations of the provisions of this Title shall keep a record of the disposition of all complaints under this subtitle, for which + See morea fine may be imposed which record shall be open to inspection by the treasurer or auditor of a county or his duly authorized representative, or by the director or his duly authorized representative, or by the financial officers of the respective municipalities which are entitled to fines imposed by the court.
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Obligation to collect or record | All |
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Virginia | Va. Code Ann. § 8.01-483. | Return of officer on fieri facias; statement filed therewith |
Upon a writ of fieri facias, the officer shall return whether the money therein mentioned has been or cannot be made. If there is only part thereof which is or + See morecannot be made, he shall return the amount of such part. With every execution under which money is recovered, he shall return a statement of the amount received, including his fees and other charges, and shall pay such amount, except such fees and charges, to the person entitled. In his return upon every execution, the officer shall also state in what manner a copy of the writ was served in accordance with § 8.01-487.1, whether or not he made a levy of the same, the date and time of such levy, the date when he received such payment or obtained such satisfaction upon such execution and, if there is more than one defendant, from which defendant he received the same.
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Obligation to collect or record | All |
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Louisiana | La. Stat. Ann. § 44:31 | Public Records Requests |
Except as otherwise provided in this Chapter or as otherwise specifically provided by law, and in accordance with the provisions of this Chapter, any person of the age of majority + See moremay inspect, copy, or reproduce any public record.
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Obligation to respond to public records requests | All |
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Louisiana | La. Stat. Ann. § 44:32 | Reasonable fees |
For all public records, except public records of state agencies, it shall be the duty of the custodian of such public records to provide copies to persons so requesting. The + See morecustodian may establish and collect reasonable fees for making copies of public records
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Obligation to respond to public records requests | All |
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Louisiana | La. Stat. Ann. § 44:31.1 | Exception to general duty to respond to public record requests |
For the purposes of this Chapter, person [to whom a custodian must provide records] does not include an individual in custody after sentence following a felony conviction who has exhausted + See morehis appellate remedies when the request for public records is not limited to grounds upon which the individual could file for post conviction relief under Code of Criminal Procedure Article 930.3. Notwithstanding the provisions contained in R.S. 44:32, the custodian may make an inquiry of any individual who applies for a public record to determine if such individual is in custody after sentence following a felony conviction who has exhausted his appellate remedies and the custodian may make any inquiry necessary to determine if the request of any such individual in custody for a felony conviction is limited to grounds upon which such individual may file for post conviction relief.
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Obligation to respond to public records requests | All |
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South Carolina | S.C. Code Ann. § 30-4-30 | Right to inspect or copy public records; fees; notification as to public availability of records; presumption upon failure to give notice; records to be available when requestor appears in person |
Each public body, upon written request for records made under this chapter, shall within fifteen days (excepting Saturdays, Sundays, and legal public holidays) of the receipt of any such request + See morenotify the person making such request of its determination and the reasons therefor. Such a determination shall constitute the final opinion of the public body as to the public availability of the requested public record and, if the request is granted, the record must be furnished or made available for inspection or copying. If written notification of the determination of the public body as to the availability of the requested public record is neither mailed nor personally delivered to the person requesting the document within the fifteen days allowed herein, the request must be considered approved.
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Obligation to respond to public records requests | All |
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Connecticut | Conn. Gen. Stat. § 4-32 | State revenue accounting. |
Each state department, institution, board, commission or other state agency and each official and employee thereof, including the clerks of the Superior Court, receiving any money or revenue for the + See morestate, shall, within twenty-four hours of its receipt, account for and, if the total of the sums received amounts to five hundred dollars or more, pay the same to the Treasurer or deposit the same in the name of the state in depositories designated by the Treasurer under such regulations as the Treasurer prescribes. Total daily receipts of less than five hundred dollars may be held until the total receipts to date amount to five hundred dollars, but not for a period of more than seven calendar days. The Treasurer is authorized to make exceptions to the limitations herein prescribed upon written application from the head of any state department, institution, board, commission or other state agency stating that compliance would be impracticable and giving the reasons therefor. The Treasurer shall make a written statement of any such exception and shall file copies thereof with the Comptroller and the Auditors of Public Accounts.
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Obligation to collect or record | All |
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Kansas | Kan. Stat. Ann. § 45-218 | nspection of records; request; response; refusal, when; fees |
All public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose. No + See moreperson shall removal [remove] original copies of public records from the office of any public agency without the written permission of the custodian of the record.
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Obligation to respond to public records requests | All |
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Montana | Mont. Code Ann. § 2-6-1003 | Access to public information--safety and security exceptions--Montana historical society exception |
A public officer may withhold from public scrutiny information relating to individual or public safety or the security of public facilities, including public schools, jails, correctional facilities, private correctional facilities, + See moreand prisons, if release of the information jeopardizes the safety of facility personnel, the public, students in a public school, or inmates of a facility. A public officer may not withhold from public scrutiny any more information than is required to protect individual or public safety or the security of public facilities.
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Obligation to respond to public records requests | All |
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Montana | Mont. Code Ann. § 2-6-1006 | Public information requests--fees |
(1) A person may request public information from a public agency. A public agency shall make the means of requesting public information accessible to all persons.
(2) Upon receiving a request + See morefor public information, a public agency shall respond in a timely manner to the requesting person by: (a) making the public information maintained by the public agency available for inspection and copying by the requesting person; or (b) providing the requesting person with an estimate of the time it will take to fulfill the request if the public information cannot be readily identified and gathered and any fees that may be charged pursuant to subsection (3).
(3) A public agency may charge a fee for fulfilling a public information request. Except where a fee is otherwise provided for by law, the fee may not exceed the actual costs directly incident to fulfilling the request in the most cost-efficient and timely manner possible. The fee must be documented. The fee may include the time required to gather public information. The public agency may require the requesting person to pay the estimated fee prior to identifying and gathering the requested public information.
(4) A public agency is not required to alter or customize public information to provide it in a form specified to meet the needs of the requesting person.
(5) If a public agency agrees to a request to customize a records request response, the costs of the customization may be included in the fees charged by the agency.
(6)(a) The secretary of state is authorized to charge fees under this section. The fees must be set and deposited in accordance with 2-15-405. The fees must be collected in advance. (b) The secretary of state may not charge a fee to a member of the legislature or public officer for any search relative to matters pertaining to the duties of the member's office or for a certified copy of any law or resolution passed by the legislature relative to the member's official duties.
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Obligation to respond to public records requests | All |
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Montana | Mont. Code Ann. § 2-6-1502 | Protection of personal information--compliance--extensions |
Each state agency that maintains the personal information of an individual shall develop procedures to protect the personal information while enabling the state agency to use the personal information as + See morenecessary for the performance of its duties under federal or state law.
The procedures must include measures to: (a) eliminate the unnecessary use of personal information; (b) identify the person or state agency authorized to have access to personal information; (c) restrict access to personal information by unauthorized persons or state agencies; (d) identify circumstances in which redaction of personal information is appropriate; (e) dispose of documents that contain personal information in a manner consistent with other record retention requirements applicable to the state agency; (f) eliminate the unnecessary storage of personal information on portable devices; and (g) protect data containing personal information if that data is on a portable device.
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Obligation to collect or record | All |
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Arizona | Ariz. Rev. Stat. Ann. § 39-121 | Inspection of public records |
Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours. |
Obligation to respond to public records requests | All |
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Arkansas | Ark. Code Ann. § 16-96-401(f)(1) | Collection and Payment |
At the commencement of each session of the circuit court of the clerk's county, the clerk of the county court shall furnish the prosecuting attorney with a written statement of all deficits of constables and other collecting officers on account of fines, penalties, and forfeitures.
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Obligation to report/conduct analysis | Clerk |