House Study Bill 176 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING BILL) A BILL FOR An Act relating to matters under the purview of the department 1 of inspections, appeals, and licensing. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1407DP (3) 91 sc/ns
S.F. _____ H.F. _____ Section 1. NEW SECTION . 10A.110 Standards adopted by 1 reference access. 2 Notwithstanding section 17A.6, subsection 3, the department 3 and any statutorily established board, commission, committee, 4 or council under the purview of the department may adopt 5 standards by reference to another publication without posting 6 the publication to the departments internet sites if the 7 publication containing the standards is readily accessible on 8 the internet at no cost and the internet site at which the 9 publication may be found is included in the administrative 10 rules that adopt the standard. 11 Sec. 2. NEW SECTION . 10A.111 Complaints. 12 The department may administratively close a complaint that 13 does not allege a violation of this chapter, the enabling 14 statute of a board under the purview of the department, or a 15 rule of a board under the purview of the department. 16 Sec. 3. NEW SECTION . 10A.112 Fees. 17 If a board under the purview of the department is otherwise 18 authorized by law to establish fees by rule, the board, 19 following approval by the department, may, or at the direction 20 of the department, shall, by rule establish or revise such 21 fees. 22 Sec. 4. Section 10A.402, subsection 1, Code 2025, is amended 23 to read as follows: 24 1. Investigations relative to the practice of regulated 25 professions and occupations , except those within the 26 jurisdiction of the board of medicine, the board of pharmacy, 27 the dental board, and the board of nursing . 28 Sec. 5. Section 10A.402, Code 2025, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 7. Investigations relating to compliance 31 with state or federal law, if an entity of the executive 32 branch of state government, except for an institution under 33 the control of the state board of regents, has entered 34 into a written agreement with the department to conduct the 35 -1- LSB 1407DP (3) 91 sc/ns 1/ 4
S.F. _____ H.F. _____ investigation. 1 Sec. 6. Section 10A.403, Code 2025, is amended to read as 2 follows: 3 10A.403 Investigators peace officer status. 4 Investigators of the department shall have the powers 5 and authority of peace officers when acting within the 6 scope of their responsibilities to conduct investigations 7 as specified in section 10A.402, subsection subsections 5 8 and 7 . An investigator shall not carry a weapon to perform 9 responsibilities as described in this section . 10 Sec. 7. NEW SECTION . 10A.508 Confidentiality. 11 1. The department shall keep confidential the private 12 information of a person licensed, previously licensed, or 13 seeking to be licensed by the department or a licensing board 14 under the administrative authority of the department, unless 15 otherwise ordered by a court, the lawful custodian of the 16 records, or another person duly authorized to release the 17 information. 18 2. For purposes of this section: 19 a. Licensed shall be construed broadly and includes 20 but is not limited to registration with or certification by 21 the department or a licensing board under the administrative 22 authority of the department. 23 b. Private information means information that can be used 24 alone or in combination with other information to identify, 25 contact, or locate a person in that persons individual or 26 private capacity, or the disclosure of which would otherwise 27 constitute a clearly unwarranted invasion of personal privacy, 28 including but not limited to a persons social security number, 29 drivers license number, financial account number, individual 30 taxpayer identification number, personal identification 31 number, date of birth, other unique identifying number, home 32 address, home telephone number, electronic mail address, and 33 other contact information, and the names of the persons minor 34 children. 35 -2- LSB 1407DP (3) 91 sc/ns 2/ 4
S.F. _____ H.F. _____ Sec. 8. Section 103.32, subsection 3, Code 2025, is amended 1 to read as follows: 2 3. When an inspection is requested by a property owner, 3 the minimum fee shall be thirty dollars plus five dollars 4 per branch circuit or feeder. The fee for fire and accident 5 inspections shall be computed at the rate of forty-seven 6 dollars per hour, and mileage and other expenses shall be 7 reimbursed as provided by the department. 8 Sec. 9. Section 321L.5, subsection 2, Code 2025, is amended 9 to read as follows: 10 2. A persons with disabilities parking space designated 11 after July 1, 1990, shall comply with the dimension 12 requirements specified in rules adopted by the department 13 of public safety inspections, appeals, and licensing and in 14 effect when the spaces are designated. The department shall 15 adopt accepted national standards for dimensions of persons 16 with disabilities spaces, consistent with the requirements of 17 federal law. However, these dimension requirements do not 18 apply to parallel on-street parking spaces. 19 Sec. 10. Section 321L.8, subsection 2, Code 2025, is amended 20 to read as follows: 21 2. The department of public safety inspections, appeals, 22 and licensing shall adopt rules pursuant to chapter 17A 23 governing the manner in which persons with disabilities parking 24 spaces are provided. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanations substance by the members of the general assembly. 28 This bill relates to matters under the purview of the 29 department of inspections, appeals, and licensing (DIAL). 30 Under current law, licensing boards under the purview of 31 DIAL that regulate business and commerce-related professions 32 are authorized to adopt standards by reference to a publication 33 that is readily accessible on the internet at no cost by 34 including the internet site in the rule adopting the standard 35 -3- LSB 1407DP (3) 91 sc/ns 3/ 4
S.F. _____ H.F. _____ rather than posting the publication itself to the entitys 1 internet site. The bill applies this generally to DIAL and 2 entities under DIALs purview. 3 The bill authorizes DIAL to administratively close 4 complaints that do not allege a violation of Code chapter 10A, 5 a boards enabling statute, or a rule of a board. The bill also 6 specifies DIALs authority over fees established by rule by 7 boards under DIALs purview, provided that establishment of a 8 given fee by rule is otherwise authorized by law. 9 Under current law, DIAL is authorized to perform inspections 10 and investigations of health-related professions (Code section 11 147.88). The bill amends the responsibilities of DIALs 12 director to reflect that authorization. 13 The bill also requires DIALs director to coordinate 14 investigations relating to compliance with state or federal law 15 if an executive branch entity has entered into an agreement 16 with DIAL to conduct an investigation. The bill grants DIALs 17 investigators the powers and authority of a peace officer when 18 conducting such investigations. 19 The bill requires DIAL to keep private information that 20 DIAL receives for purposes of licensure confidential unless 21 authorized to release the information by a court, the lawful 22 custodian, or a person authorized to release the information. 23 The bill eliminates the fee for fire and accident 24 inspections conducted by DIAL and requires DIAL, rather than 25 the department of public safety, to adopt administrative rules 26 governing how parking spaces for persons with disabilities are 27 provided. 28 -4- LSB 1407DP (3) 91 sc/ns 4/ 4