Fiscal Note
Fiscal Services Division
SF 55 – Carbon Monoxide Alarms Standards (LSB1903XS)
Staff Contact: Christin Mechler (515.250.0458) christin.mechler@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 55 requires the State Fire Marshal of the Department of Public Safety to adopt rules
related to carbon monoxide protection standards in the construction of new buildings, additions
to buildings, or rehabilitation of existing buildings and other certain public facilities that are
consistent with the International Building Code and the International Fire Code. The Bill also
permits the State Fire Marshal to include carbon monoxide awareness as part of fire safety
campaigns.
Background
The State Fire Marshal currently adopts rules regarding carbon monoxide protection on a
regular basis.
Current law provides that an individual who violates a rule adopted by the State Fire Marshal is
guilty of a simple misdemeanor. Additionally, a person who fails to remedy a violation that
constitutes a clear and present danger to life 30 days after receiving written notice of a violation
is guilty of a serious misdemeanor.
A simple misdemeanor is punishable by confinement for no more than 30 days or a fine at least
$105 but no more than $855, or both. A serious misdemeanor is punishable by confinement of
no more than one year and a fine of at least $430 but not more than $2,560.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and
other criminal justice system policies and practices.
• A lag effect of six months is assumed from the effective date of this Bill to the date of first
entry of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of
this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
Senate File 55 establishes a new criminal offense, and the correctional impact cannot be
estimated due to a lack of existing conviction data.
Table 1 provides estimates for sentencing to State prison, parole, probation, or Community
Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision
marginal costs per day for all convictions of serious misdemeanors. The LOS data is not
applicable to simple misdemeanors. Refer to the Legislative Services Agency (LSA) memo
addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements,
dated January 22, 2021, for information related to the correctional system.
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Table 1 — LOS and Sentencing Estimates
Avg
Avg FY 20 Percent Percent Length FY 20
Length of Marginal Percent Avg Cost Sentenced FY 20 Ordered of Stay Average
Percent Stay Cost Per Ordered Avg LOS Per Day to CBC Marginal to in Marginal Avg Cost
Conviction Offense to Prison Day to on on Residential Cost CBC County County Cost Per LOS on Per Day
Class Prison (months) Prison Probation Probation Probation Facility Per Day Jail Jail Day Parole Parole
Serious Misdemeanor 2.0% 5.0 $20.33 56.0% 13.4 $5.38 1.0% $14.78 69.0% N/A $50.00 2.4 $5.38
Minority Impact
Senate File 55 establishes a new criminal offense, and it is unknown how many violations will
occur as a result of not complying with the State Fire Marshal’s rules. As a result, the Criminal
and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights cannot use
prior existing data to estimate the minority impact of SF 55. Refer to the LSA memo addressed
to the General Assembly, Minority Impact Statement, dated January 27, 2021, for information
related to minorities in the criminal justice system.
Fiscal Impact
The State Fire Marshal does not expect any fiscal impact resulting out of promulgating rules
related to carbon monoxide protection. Any fiscal impact to local entities, including school
districts, cities, and counties, cannot be determined until the rulemaking process has been
completed and the proposed rules have been fully implemented.
Senate File 55 establishes a new criminal offense, and the fiscal impact cannot be estimated
due to the lack of existing conviction data. Table 2 contains cost estimates for the average
State cost per offense class type for one conviction. The cost estimate includes operating costs
incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections
for one conviction. The cost would be incurred across multiple fiscal years for prison and parole
supervision.
Table 2 — Average State Cost Per Offense Class Type
Total Cost
Offense Class Minimum Maximum
Simple Misdemeanor $ 40 $ 350
Serious Misdemeanor $ 410 $ 7,500
Sources
State Fire Marshal, Department of Public Safety
Department of Corrections
Criminal and Juvenile Justice Planning Division, Department of Human Rights
Legislative Services Agency
/s/ Holly M. Lyons
February 15, 2021
Doc ID 1212469
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
www.legis.iowa.gov
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