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