Transparency

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State Statute Description/Statute Name Statutory language Type of obligation Actor
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Nebraska Neb. Rev. Stat. § 84-712.06 Public record; portion provide; when.

Any reasonably segregable public portion of a record shall be provided to the public as a public record upon request after deletion of the portions which may be withheld.

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Nebraska Neb. Rev. Stat. § 84-712 Public records; free examination; memorandum and abstracts; copies; fees

(1) Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in section 84-712.01,

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are hereby fully empowered and authorized to (a) examine the same, and make memoranda, copies using their own copying or photocopying equipment in accordance with subsection (2) of this section, and abstracts therefrom, all free of charge, during the hours the respective offices may be kept open for the ordinary transaction of business and (b) except if federal copyright law otherwise provides, obtain copies of public records in accordance with subsection (3) of this section during the hours the respective offices may be kept open for the ordinary transaction of business.

(2) Copies made by citizens or other persons using their own copying or photocopying equipment pursuant to subdivision (1)(a) of this section shall be made on the premises of the custodian of the public record or at a location mutually agreed to by the requester and the custodian.

(3)(a) Copies may be obtained pursuant to subdivision (1)(b) of this section only if the custodian has copying equipment reasonably available. Such copies may be obtained in any form designated by the requester in which the public record is maintained or produced, including, but not limited to, printouts, electronic data, discs, tapes, and photocopies. (b) Except as otherwise provided by statute, the custodian of a public record may charge a fee for providing copies of such public record pursuant to subdivision (1)(b) of this section, which fee shall not exceed the actual cost of making the copies available. For purposes of this subdivision, (i) for photocopies, the actual cost of making the copies available shall not exceed the amount of the reasonably calculated actual cost of the photocopies, (ii) for printouts of computerized data on paper, the actual cost of making the copies available shall include the reasonably calculated actual cost of computer run time and the cost of materials for making the copy, and (iii) for electronic data, the actual cost of making the copies available shall include the reasonably calculated actual cost of the computer run time, any necessary analysis and programming, and the production of the report in the form furnished to the requester. State agencies which provide electronic access to public records through a gateway service shall obtain approval of their proposed reasonable fees for such records pursuant to sections 84-1205.02 and 84-1205.03, if applicable, and the actual cost of making the copies available may include the approved fee for the gateway service. (c) This section shall not be construed to require a public body or custodian of a public record to produce or generate any public record in a new or different form or format modified from that of the original public record. (d) If copies requested in accordance with subdivision (1)(b) of this section are estimated by the custodian of such public records to cost more than fifty dollars, the custodian may require the requester to furnish a deposit prior to fulfilling such request.

(4) Upon receipt of a written request for access to or copies of a public record, the custodian of such record shall provide to the requester as soon as is practicable and without delay, but not more than four business days after actual receipt of the request, either (a) access to or, if copying equipment is reasonably available, copies of the public record, (b) if there is a legal basis for denial of access or copies, a written denial of the request together with the information specified in section 84-712.04, or (c) if the entire request cannot with reasonable good faith efforts be fulfilled within four business days after actual receipt of the request due to the significant difficulty or the extensiveness of the request, a written explanation, including the earliest practicable date for fulfilling the request, an estimate of the expected cost of any copies, and an opportunity for the requester to modify or prioritize the items within the request.

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Nebraska Neb. Rev. Stat. § 84-712.01 Public records; right of citizens; full access; fee authorized

(1) Except when any other statute expressly provides that particular information or records shall not be made public, public records shall include all records and documents, regardless of physical form,

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of or belonging to this state, any county, city, village, political subdivision, or tax-supported district in this state, or any agency, branch, department, board, bureau, commission, council, subunit, or committee of any of the foregoing. Data which is a public record in its original form shall remain a public record when maintained in computer files.

(2) When a custodian of a public record of a county provides to a member of the public, upon request, a copy of the public record by transmitting it from a modem to an outside modem, a reasonable fee may be charged for such specialized service. Such fee may include a reasonable amount representing a portion of the amortization of the cost of computer equipment, including software, necessarily added in order to provide such specialized service. This subsection shall not be construed to require a governmental entity to acquire computer capability to generate public records in a new or different form when that new form would require additional computer equipment or software not already possessed by the governmental entity.

(3) Sections 84-712 to 84-712.03 shall be liberally construed whenever any state, county, or political subdivision fiscal records, audit, warrant, voucher, invoice, purchase order, requisition, payroll, check, receipt, or other record of receipt, cash, or expenditure involving public funds is involved in order that the citizens of this state shall have the full right to know of and have full access to information on the public finances of the government and the public bodies and entities created to serve them.

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Nebraska Neb. Rev. Stat. § 84-712.03 Public recrods; denial of rights; remedies

(1) Any person denied any rights granted by sections 84-712 to 84-712.03 may elect to: (a) File for speedy relief by a writ of mandamus in the district court within whose jurisdiction

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the state, county, or political subdivision officer who has custody of the public record can be served; or (b) Petition the Attorney General to review the matter to determine whether a record may be withheld from public inspection or whether the public body that is custodian of such record has otherwise failed to comply with such sections, including whether the fees estimated or charged by the custodian are actual added costs or special service charges as provided under section 84-712. This determination shall be made within fifteen calendar days after the submission of the petition. If the Attorney General determines that the record may not be withheld or that the public body is otherwise not in compliance, the public body shall be ordered to disclose the record immediately or otherwise comply. If the public body continues to withhold the record or remain in noncompliance, the person seeking disclosure or compliance may (i) bring suit in the trial court of general jurisdiction or (ii) demand in writing that the Attorney General bring suit in the name of the state in the trial court of general jurisdiction for the same purpose. If such demand is made, the Attorney General shall bring suit within fifteen calendar days after its receipt. The requester shall have an absolute right to intervene as a full party in the suit at any time.

(2) In any suit filed under this section, the court has jurisdiction to enjoin the public body from withholding records, to order the disclosure, and to grant such other equitable relief as may be proper. The court shall determine the matter de novo and the burden is on the public body to sustain its action. The court may view the records in controversy in camera before reaching a decision, and in the discretion of the court other persons, including the requester, counsel, and necessary expert witnesses, may be permitted to view the records, subject to necessary protective orders.

(3) Proceedings arising under this section, except as to the cases the court considers of greater importance, shall take precedence on the trial docket over all other cases and shall be assigned for hearing, trial, or argument at the earliest practicable date and expedited in every way.

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Nebraska Neb. Rev. Stat. § 84-712.04 Public records; denial of rights; public body; provide information

(1) Any person denied any rights granted by sections 84-712 to 84-712.03 shall receive in written form from the public body which denied the request for records at least the

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following information:(a) A description of the contents of the records withheld and a statement of the specific reasons for the denial, correlating specific portions of the records to specific reasons for the denial, including citations to the particular statute and subsection thereof expressly providing the exception under section 84-712.01 relied on as authority for the denial; (b) The name of the public official or employee responsible for the decision to deny the request; and (c) Notification to the requester of any administrative or judicial right of review under section 84-712.03. 

(2) Each public body shall maintain a file of all letters of denial of requests for records. This file shall be made available to any person on request.

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Nebraska Neb. Rev. Stat. § 84-712.09 Violation; penalty

Any official who shall violate the provisions of sections 84-712, 84-712.01, and 84-712.03 to 84-712.08 shall be subject to removal or impeachment and in addition shall be deemed guilty of

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a Class III misdemeanor.

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Nebraska Neb. Rev. Stat. § 84-712.07 Public records; public access; equitable relief; attorney's fees; costs

The provisions of sections 84-712, 84-712.01, 84-712.03 to 84-712.09, and 84-1413 pertaining to the rights of citizens to access to public records may be enforced by equitable relief, whether or

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not any other remedy is also available. In any case in which the complainant seeking access has substantially prevailed, the court may assess against the public body which had denied access to their records, reasonable attorney fees and other litigation costs reasonably incurred by the complainant.

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Nebraska Neb. Rev. Stat. § 33-106.02(1) Clerk of the district court; fees; report; disposition

The clerk of the district court of each county shall not retain for his or her own use any fees, revenue, perquisites, or receipts, fixed, enumerated, or provided in this

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or any other section of the statutes of the State of Nebraska or any fees authorized by federal law to be collected or retained by a county official. The clerk shall on or before the fifteenth day of each month make a report to the county board, under oath, showing the different items of such fees, revenue, perquisites, or receipts received, from whom, at what time, and for what service, and the total amount received by such officer since the last report, and also the amount received for the current year.

Obligation to collect or record Clerk
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Nebraska Neb. Rev. Stat. § 24-214 Fee book; entries; duty of clerk

The Clerk of the Supreme Court of the State of Nebraska shall keep a book, which shall be provided by the state, and which shall be known as the Fee

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Book of the Clerk of the Supreme Court, and shall be a part of the records of said office, and in which shall be entered every item of fees collected by him, showing in separate columns the name of the party from whom received, the time of receiving the same, the amount received and for what service the same was charged.

Obligation to collect or record Clerk
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Tennessee Tenn. Code Ann. § 40-14-103(b) Administrative Fee - Court-Appointed Counsel
As part of the clerk's regular monthly report, each clerk of court, who is responsible for collecting administrative fees pursuant to this section, shall file a report with the court
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and with the administrative director of the courts. The report shall indicate the following:(A) Number of defendants for whom the court appointed counsel; (B) Number of defendants for whom the court waived the administrative fee; (C) Number of defendants from whom the clerk collected administrative fees; (D) Total amount of commissions retained by the clerk from the administrative fees; and (E) Total amount of administrative fees forwarded by the clerk to the state treasurer.
Obligation to report/conduct analysis State courts
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Tennessee Tenn. Code Ann. § 41-4-136 Jailers fees; audits
The jailer's fees for county prisoners shall be referred monthly to the county mayor for inspection, who shall audit the fees and cause the clerk to issue a warrant for
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the amount allowed.
Obligation to report/conduct analysis County
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Tennessee Tenn. Code Ann. § 54-10-112(c) Possession of municipal or county traffic control sign; violation
(c) In addition to the fine provided for in subsection (a), any person convicted of a violation of this section shall also be required to pay restitution to the highway
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department that erected or caused to be erected the traffic control sign, for the costs of replacing the sign. The highway department shall submit information documenting the costs of replacement for the judge to review. After review, the judge shall order the appropriate amount of restitution, which shall be distributed directly to the highway department.
Obligation to report/conduct analysis State/statewide agency
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Tennessee Tenn. Code Ann. § 54-10-113(c) Possession of municipal or county street, road or highway sign; violation
(c) In addition to the fine provided for in subsection (a), any person convicted of a violation of this section shall also be required to pay restitution to the highway
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department that erected or caused to be erected the street, road or highway sign, for the costs of replacing the sign. The highway department shall submit information documenting the costs of replacement for the judge to review. After review, the judge shall order the appropriate amount of restitution, which shall be distributed directly to the highway department.
Obligation to report/conduct analysis State/statewide agency
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Tennessee Tenn. Code Ann. § 39-17-429 Fines and Forefitures; Disposition; Audits
(a) The sheriff's department shall be accountable to the county legislative body and the municipal law enforcement department shall be accountable to the municipal legislative body for the proper disposition
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of the proceeds of goods seized and forfeited under § 53-11-451, and for the fines imposed by § 39-17-428.(b) An annual audited report of the funds shall be submitted by the sheriff or the proper official of the municipal law enforcement department to the respective local legislative body. In those years when the office of the comptroller of the treasury conducts an audit, if any, the audit shall satisfy this requirement. If no audit is conducted by the office of the comptroller of the treasury, then an audit shall be performed by a certified public accountant to satisfy this requirement.
Obligation to report/conduct analysis Law enforcement
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Tennessee Tenn. Code Ann. § 55-10-306 Records and Recordation
Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, warrant, traffic citation or other legal form of traffic charge
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deposited with or presented to the court or the traffic violations bureau of its jurisdiction, and shall keep a record of every official action by the court or the traffic violations bureau of its jurisdiction in reference thereto, including, but not limited to, a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture resulting from every traffic complaint, warrant, or citation deposited with or presented to the court or traffic violations bureau.(b)(1) Except as provided by § 55-50-409, within thirty (30) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of chapter 8, parts 1-5 of this chapter and § 55-12-139 or other law regulating the operation of vehicles on highways, every such magistrate or judge of the court or clerk of the court of record in which the conviction was had or bail was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any conviction involving the illegal parking or standing of a vehicle
Obligation to collect or record Traffic court
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Tennessee Tenn. Code Ann. § 55-12-129(f) Report
From each fee received in accordance with § 55-10-306, the commissioner shall make a payment of ten dollars ($10.00) for the furnishing of a completed report of each conviction resulting
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in a suspension or revocation, including forfeiture of bail not vacated, or payment of a fine or penalty, for one (1) or more of the offenses enumerated in § 55-12-115(a).
Obligation to report/conduct analysis Law enforcement
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Tennessee Tenn. Code Ann. § 41-2-110 Accounts and reports
(a)(1) The superintendent shall keep or cause to be kept, in a well-bound book to be furnished by the county, an account of all supplies, implements and tools purchased for
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the workhouse, keeping the account for supplies separate from implements and tools.(2) The superintendent shall, when a purchase is made, obtain an itemized bill specifying from whom purchased, the kind and amount of the articles purchased and the date.(3) The superintendent shall approve the bill, enter it on the books and present it to the commissioners for their approval.(b) The superintendent shall make to the commissioners quarterly reports of the whole working system, the amount of the work done and its estimated value, the amount of current expenses for supplies and for tools and implements and any other matter deemed necessary by the superintendent or ordered by the commissioners or the county legislative body.
Obligation to collect or record State/statewide agency
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Tennessee Tenn. Code Ann. § 41-2-116 Sentence; certified statement
(a) A certified statement of the sentence of each prisoner shall be made out on printed blanks provided for the purpose and delivered to the superintendent of the workhouse and
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to the county mayor by the clerk of the court trying the case and shall specify:. . . (5) Amount of fine and costs; and the superintendent and the county mayor shall enter the amount in a book provided by the county for that purpose.
Obligation to collect or record Law enforcement
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Tennessee Tenn. Code Ann. § 41-2-119 State prisoners; costs; reimbursement
(a) The state shall pay for the board of state prisoners in accordance with chapter 8 of this title.(b) Within the time requirements of § 41-8-106, the number of prisoners
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held and bills for the same shall be made out and sworn to by the sheriff or superintendent and certified by the clerk.
Obligation to collect or record Law enforcement