Transparency

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State Statute Description/Statute Name Statutory language Type of obligation Actor
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South Dakota S.D. Codified Laws § 1-27-1 Records open to inspection — Inspection and Copying

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 § 1-27-1.1, are

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hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction of business and, unless federal copyright law otherwise provides, obtain copies of public records in accordance with this chapter.

Each government entity or elected or appointed government official shall, during normal business hours, make available to the public for inspection and copying in the manner set forth in this chapter all public records held by that entity or official.

Obligation to respond to public records requests All
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South Dakota S.D. Codified Laws § 1-27-37 Procedure after denial of informal request

If an informal request is denied in whole or in part by the custodian of a document or record, a written request may be made by the requestor pursuant to

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this section:

(1) A written request may be made to the public record officer of the public entity involved. The public record officer shall promptly respond to the written request but in no event later than ten business days from receipt of the request. The public record officer shall respond to the request by:

(a) Providing the record in whole or in part to the requestor upon payment of any applicable fees pursuant to §§ 1-27-35 and 1-27-36.

(b) Denying the request for the record; or

(c) Acknowledging that the public record officer has received the request and providing an estimate of the time reasonably required to further respond thereto;

(2) Additional time to respond to the written request under subsection (1)(c) of this section may be based upon the need to clarify the nature and scope of the written request, to locate and assemble the information requested, to notify any third persons or government agencies affected by the written request, or to determine whether any of the information requested is not subject to disclosure and whether a denial should be made as to all or part of the written request;

(3) If a written request is unclear, the public record officer may require the requestor to clarify which records are being sought. If the requestor fails to provide a written response to the public record officer’s request for clarification within ten business days, the request shall be deemed withdrawn and no further action by the public records officer is required;

(4) If the public record officer denies a written request in whole or in part, the denial shall be accompanied by a written statement of the reasons for the denial;

(5) If the public record officer fails to respond to a written request within ten business days, or fails to comply with the estimate provided under subsection (1)(3) of this section without provision of a revised estimate, the request shall be deemed denied.

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South Dakota S.D. Codified Laws § 1-27-35 Informal request for disclosure of documents — Fees

Any informal request for disclosure of documents or records shall be made to the custodian of the record. The custodian of the record may then provide the requestor with the

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document or record upon payment of the actual cost of mailing or transmittal, the actual cost of reproduction, or other fee established by statute or administrative rule. A requestor that makes an informal request requiring the dedication of staff time in excess of one hour may be required to pay the cost of the staff time necessary for the location, assembly, or reproduction of the public record. If any records are required or permitted to be made public upon request and no other rate is prescribed for reproduction or retrieval of such records, the Bureau of Administration shall establish, by rules promulgated pursuant to chapter 1-26, the maximum rate, or the formula for calculating rates, for reproduction and retrieval.

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South Dakota S.D. Codified Laws § 216-2-28 Accounting system for funds

The Supreme Court shall by rule provide for an accounting system for the receipting, holding, and disbursement of fines, fees, costs, forfeitures, restitution, bonds, trust funds, support and alimony payments,

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penalties, assessments, and other funds established by law

Obligation to collect or record Court
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Wyoming Wyo. Stat. Ann. § 6-10-108 Disposition of fines

An officer who collects a fine, unless otherwise required by law, shall pay the fine into the general fund of the county in which the fine was assessed within thirty

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(30) days of receipt. The officer shall obtain duplicate treasurer's receipts and deposit one (1) with the county clerk.

Obligation to collect or record All courts, Law enforcement
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Wyoming Wyo. Stat. Ann. §5-9-106 Disposition of money collected for violations of city or town ordinances; disposition of fines and penalties under general state laws

All money collected by a judge of a circuit court for violations of ordinances of a city or town shall be paid into the general fund of the city or

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town whose ordinance was violated. The circuit court shall keep separate account books of funds for ordinance violations as designated by the Wyoming supreme court. All fines and penalties under the general laws of the state shall be paid into the county treasury to the credit of the public school fund of the county.

Obligation to collect or record State courts
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Wyoming Wyo. Stat. Ann. § 5-9-144 Receipts for money paid into court

When any money is paid into a circuit court, a receipt for said amount shall be issued promptly upon a form prescribed by the Wyoming supreme court. The receipts shall

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be prenumbered in numerical sequence. The original copy shall be delivered to a payor making payment by cash or in person, otherwise the original shall be attached to the court file. A copy shall be filed in the office of the issuing judge. The receipts shall be prenumbered by the printer, and the printer shall give to the supreme court a receipt showing the numbers so printed. Except as provided in W.S. 5 9 106, the circuit court shall pay all fines, forfeitures and other penalties to the county treasurer and all fees, costs and other receipts to the state treasurer . . . 

Obligation to collect or record State courts
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Wyoming Wyo. Stat. Ann. § 5-6-303 Disposition of fines and penalties

All fines and penalties collected, arising from a breach of the ordinances of the town, shall be paid into the town treasury. If a town enacts an ordinance prescribing a

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court automation fee as provided in W.S. 5‑6‑108(a)(i), up to one‑half (1/2) of the fee may be retained by the town solely for the purpose of defraying costs and expenses related to establishing and maintaining an electronic citation system. The system shall collect and submit data in a form and manner prescribed by the supreme court to comply with the requirements of the judicial systems automation account under W.S. 5‑2‑120. The remaining portion of the fee shall be remitted to the judicial systems automation account established by W.S. 5‑2‑120. If a town enacts an ordinance prescribing an indigent civil legal services fee as provided in W.S. 5‑6‑108(a)(ii), the fee shall be remitted to the indigent civil legal services account established by W.S. 5‑2‑121.

Obligation to collect or record Local jurisdiction
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Wyoming Wyo. Stat. Ann. § 7-16-102(e) Restrictions; supervision; costs; civil liability

The person charged with supervising a prisoner's work shall keep an accurate record and account of all work performed and all credits received and shall make periodic reports as required

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by the court.

Obligation to collect or record Law enforcement, Supervision agency
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Wyoming Wyo. Stat. Ann. § 5-3-202 Duties generally

Each clerk of the district court shall keep and make up the records and books of the court of his particular county, receive all cases filed therein, properly record and

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attend to the same, and shall have the care and custody of all the records, seal, books, papers and property pertaining to his said office or the court of the county for which he is elected and which may be filed or deposited therein, and shall receive, account for and pay over all money that may come into the possession of the court according to law, and under the orders or decrees of the court, except that which shall be received by master commissioners. He shall keep all records and files in criminal cases, and attend to all duties required of the clerk in relation thereto. He shall attend upon the terms of court held in the county for which he is elected, and perform such duties relating to his office as may be required of him by the court, and shall perform all such other duties relating to his office as are required of him by law or the rules and practice of the courts.

Obligation to collect or record Clerk
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Wyoming Wyo. R. Crim. P. 32(c)(2) Judgment and Sentence

(c) Sentence. (2) Contents. A written sentence shall be signed by the judge and entered by the clerk of court without delay. The sentence may be included in the judgment

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or separately entered. Except for forfeit offenses for which citations have issued, other misdemeanors where the penalty imposed does not exceed a fine of $200.00, and pleas entered under Rule 43(c)(2), as a minimum the sentence shall:
(A) State each offense for which sentence is imposed, including the statute number and whether the offense is a felony or a misdemeanor;
(B) State the sentence imposed for each convicted offense including for felonies the minimum and maximum term and state whether multiple sentences are to run concurrently or consecutively;
(G) Include an assessment for the victims of crime compensation fund as required by W.S. 1-40-119; and
(H) Include a finding as to whether the defendant is able to make restitution and if restitution is ordered fix the reasonable amount owed to each victim resulting from the defendant's criminal acts.

Obligation to collect or record Clerk, Court
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Wyoming Wyo. Gov't. Access Ct. Rec. Rule 4 When Court Records May be Accessed

Court records shall be available for public access in the court facilities where the records are kept, during regular business hours. Upon receiving a request for access to court records,

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the custodian shall respond within a reasonable time regarding the availability of the records, and shall provide or deny access thereto within a reasonable time. Court records shall be provided at a time and in a manner that does not unreasonably interfere with other business of the courts. Electronic records to which the court allows remote access shall be available for public access at any time, subject to normal system maintenance and unexpected technical failures.

Obligation to respond to public records requests Clerk
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Wyoming Wyo. Gov't. Access Ct. Rec. Rule 3 General Policy

Court records are presumed to be open to public access during the regular business hours of the court, except as provided herein or otherwise provided by law. These rules are

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not intended to limit the access of parties and attorneys to case records of cases in which they are involved, but such access may be limited by court order. No custodian may restrict access or allow greater access to court records than as provided herein or otherwise provided by law.

Obligation to respond to public records requests Clerk