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Senate File 370 - IntroducedA Bill ForAn Act 1relating to the civil enforcement of open records
2violations and administrative remedies.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 22.10, subsection 1, Code 2023, is
2amended to read as follows:
31. The rights and remedies provided by this section are
4in addition to any rights and remedies provided by section
517A.19. Any Upon exhaustion of all administrative remedies,
6any aggrieved person, any taxpayer to or citizen of the state
7of Iowa, or the attorney general or any county attorney, may
8seek judicial enforcement of the requirements of this chapter
9in an action brought against the lawful custodian and any
10other persons who would be appropriate defendants under the
11circumstances. Suits to enforce this chapter shall be brought
12in the district court for the county in which the lawful
13custodian has its principal place of business.
14 Sec. 2. Section 22.10, Code 2023, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 5. The exhaustion of remedies requirement
17of this section applies notwithstanding any applicable election
18of remedies provisions to the contrary in section 23.5.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to the civil enforcement of open records
23violations.
24The bill provides that a person aggrieved by a violation
25of Iowa’s open records law must exhaust all available
26administrative remedies prior to filing an action in district
27court.
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2violations and administrative remedies.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 22.10, subsection 1, Code 2023, is
2amended to read as follows:
31. The rights and remedies provided by this section are
4in addition to any rights and remedies provided by section
517A.19. Any Upon exhaustion of all administrative remedies,
6any aggrieved person, any taxpayer to or citizen of the state
7of Iowa, or the attorney general or any county attorney, may
8seek judicial enforcement of the requirements of this chapter
9in an action brought against the lawful custodian and any
10other persons who would be appropriate defendants under the
11circumstances. Suits to enforce this chapter shall be brought
12in the district court for the county in which the lawful
13custodian has its principal place of business.
14 Sec. 2. Section 22.10, Code 2023, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 5. The exhaustion of remedies requirement
17of this section applies notwithstanding any applicable election
18of remedies provisions to the contrary in section 23.5.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to the civil enforcement of open records
23violations.
24The bill provides that a person aggrieved by a violation
25of Iowa’s open records law must exhaust all available
26administrative remedies prior to filing an action in district
27court.
-1-cm/rhcm/rh