SF 214 (LSB 1407SV (1) 91)

SENATE FILE 214

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SSB 1032)

A BILL FOR

An Act relating to matters under the purview of the department of inspections, appeals, and licensing.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  10A.110  Standards adopted by reference —— access.
   Notwithstanding section 17A.6, subsection 3, the department and any statutorily established board, commission, committee, or council under the purview of the department may adopt standards by reference to another publication without posting the publication to the department’s internet sites if the publication containing the standards is readily accessible on the internet at no cost and the internet site at which the publication may be found is included in the administrative rules that adopt the standard.
    Sec. 2.  NEW SECTION.  10A.111  Complaints.
   The department may administratively close a complaint that does not allege a violation of this chapter, the enabling statute of a board under the purview of the department, or a rule of a board under the purview of the department.
    Sec. 3.  NEW SECTION.  10A.112  Fees.
   If a board under the purview of the department is otherwise authorized by law to establish fees by rule, the board, following approval by the department, may, or at the direction of the department, shall, by rule establish or revise such fees.
    Sec. 4.  Section 10A.402, subsection 1, Code 2025, is amended to read as follows:
   1.  Investigations relative to the practice of regulated professions and occupations, except those within the jurisdiction of the board of medicine, the board of pharmacy, the dental board, and the board of nursing.
    Sec. 5.  Section 10A.402, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  Investigations relating to compliance with state or federal law, if an entity of the executive branch of state government, except for an institution under the control of the state board of regents, has entered into a written agreement with the department to conduct the investigation.
    Sec. 6.  Section 10A.403, Code 2025, is amended to read as follows:
   10A.403  Investigators —— peace officer status.
   Investigators of the department shall have the powers and authority of peace officers when acting within the scope of their responsibilities to conduct investigations as specified in section 10A.402, subsection subsections 5 and 7. An investigator shall not carry a weapon to perform responsibilities as described in this section.
    Sec. 7.  NEW SECTION.  10A.508  Confidentiality.
   1.  The department shall keep confidential the private information of a person licensed, previously licensed, or seeking to be licensed by the department or a licensing board under the administrative authority of the department, unless otherwise ordered by a court, the lawful custodian of the records, or another person duly authorized to release the information.
   2.  For purposes of this section:
   a.  “Licensed” shall be construed broadly and includes but is not limited to registration with or certification by the department or a licensing board under the administrative authority of the department.
   b.  “Private information” means information that can be used alone or in combination with other information to identify, contact, or locate a person in that person’s individual or private capacity, or the disclosure of which would otherwise constitute a clearly unwarranted invasion of personal privacy, including but not limited to a person’s social security number, driver’s license number, financial account number, individual taxpayer identification number, personal identification number, date of birth, other unique identifying number, home address, home telephone number, electronic mail address, and other contact information, and the names of the person’s minor children.
    Sec. 8.  Section 103.32, subsection 3, Code 2025, is amended to read as follows:
   3.  When an inspection is requested by a property owner, the minimum fee shall be thirty dollars plus five dollars per branch circuit or feeder. The fee for fire and accident inspections shall be computed at the rate of forty-seven dollars per hour, and mileage and other expenses shall be reimbursed as provided by the department.
    Sec. 9.  Section 321L.5, subsection 2, Code 2025, is amended to read as follows:
   2.  A persons with disabilities parking space designated after July 1, 1990, shall comply with the dimension requirements specified in rules adopted by the department of public safety inspections, appeals, and licensing and in effect when the spaces are designated. The department shall adopt accepted national standards for dimensions of persons with disabilities spaces, consistent with the requirements of federal law. However, these dimension requirements do not apply to parallel on-street parking spaces.
    Sec. 10.  Section 321L.8, subsection 2, Code 2025, is amended to read as follows:
   2.  The department of public safety inspections, appeals, and licensing shall adopt rules pursuant to chapter 17A governing the manner in which persons with disabilities parking spaces are provided.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
    This bill relates to matters under the purview of the department of inspections, appeals, and licensing (DIAL).
   Under current law, licensing boards under the purview of DIAL that regulate business and commerce-related professions are authorized to adopt standards by reference to a publication that is readily accessible on the internet at no cost by including the internet site in the rule adopting the standard rather than posting the publication itself to the entity’s internet site. The bill applies this generally to DIAL and entities under DIAL’s purview.
   The bill authorizes DIAL to administratively close complaints that do not allege a violation of Code chapter 10A, a board’s enabling statute, or a rule of a board. The bill also specifies DIAL’s authority over fees established by rule by boards under DIAL’s purview, provided that establishment of a given fee by rule is otherwise authorized by law.
   Under current law, DIAL is authorized to perform inspections and investigations of health-related professions (Code section 147.88). The bill amends the responsibilities of DIAL’s director to reflect that authorization.
   The bill also requires DIAL’s director to coordinate investigations relating to compliance with state or federal law if an executive branch entity has entered into an agreement with DIAL to conduct an investigation. The bill grants DIAL’s investigators the powers and authority of a peace officer when conducting such investigations.
   The bill requires DIAL to keep private information that DIAL receives for purposes of licensure confidential unless authorized to release the information by a court, the lawful custodian, or a person authorized to release the information.
   The bill eliminates the fee for fire and accident inspections conducted by DIAL and requires DIAL, rather than the department of public safety, to adopt administrative rules governing how parking spaces for persons with disabilities are provided.