Prohibiting political subdivisions from using certain moneys to hire lobbyists or pay instrumentalities, and providing penalties

Description

Senate File 493 prohibits a political subdivision from using moneys received from the imposition of a tax to employ or compensate a lobbyist, or pay an instrumentality that employs a lobbyist. A person who knowingly and intentionally violates the restrictions of the Bill is guilty of a serious misdemeanor and may be reprimanded, suspended, or dismissed from the person’s position or otherwise sanctioned.

Background

Currently, under Iowa Code section 68B.34, any person knowingly and intentionally violates the provisions of Iowa Code sections 68B.2A through 68B.8, 68B.22 through 68B.24, and 68B.35 though 68B.38 regarding Government Ethics and Lobbying is guilty of a serious misdemeanor and may be reprimanded, suspended, or dismissed from the person’s position or otherwise sanctioned.

A serious misdemeanor is punishable by confinement for up to one year and a fine of at least $430 but no 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 delay of six months is assumed from the effective date of the 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

The correctional impact of the Bill cannot be determined because the number of new convictions cannot be estimated. Figure 1 shows estimates for sentencing to State Prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for a serious misdemeanor. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 13, 2025, for information related to the correctional system.

Figure 1 — Sentencing Estimates and Length of Stay (LOS) in MonthsConviction Offense

Class

Percent

Ordered to

State

Prison

FY 2024 Avg

LOS in Prison

(All Releases)

Marginal

Cost per

Day

Percent

Ordered

to

Probation

FY24

Field Avg

LOS on

Probation

Avg Cost

per Day on

Probation

Marginal

Cost CBC

per Day

Marginal

Cost per

Day Jail

FY24 Field

Avg LOS

on Parole

Marginal

Cost per

Day Parole

Serious Misdemeanor 2.4% N/A $24.51 53.4% 18.8 $7.68 $18.37 $50.00 N/A $7.68

Minority Impact

The minority impact cannot be determined since it is not known how many convictions would result from the changes under the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 13, 2025, for information related to minorities in the criminal justice system.

Fiscal Impact

The fiscal impact cannot be determined since it is not known how many additional convictions may result under the Bill. Figure 2 shows the average State cost per offense for a serious misdemeanor. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The costs would be incurred across multiple fiscal years for prison and parole supervision.

Figure 2 — Average Cost per Offense

Sources

• Department of Corrections
• Criminal and Juvenile Justice Planning (CJJP), Department of Management (DOM)