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 TLSB 2136XS (3) 90 cm/rh
S.F. 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 -1- LSB 2136XS (3) 90 cm/rh 1/ 1