1 SF 460 – Registration of Home Inspectors (LSB2328SV) Staff Contact: Xavier Leonard (515.725.0509) xavier.leonard@legis.iowa.gov Fiscal Note Version – New Description Senate File 460 relates to home inspections, including persons authorized to perform home inspections and requirements for independent home inspection reports and does the following: • Establishes regulations for home inspectors, including requiring home inspectors to adhere to industry standards and a national code of ethics. • Prohibits conflicts of interest for home inspectors. • Establishes penalties for violation of the Bill, which are considered unfair practices and may result in civil penalties up to $40,000. • Requires home inspection reports to be in writing and to include specific elements, such as the scope of the inspection and a list of material defects. Failure to meet these requirements may result in a simple misdemeanor, punishable by a fine of up to $500. • Restricts the disclosure of home inspection reports and limits cost estimates unless they include a specified source and range of costs. • Requires home inspectors to maintain liability insurance with minimum coverage of $100,000 per occurrence and $500,000 in total. Failure to meet this requirement or falsely claiming to be a home inspector may result in a simple misdemeanor for a first offense and a serious misdemeanor for subsequent offenses. Penalties may range from fines to confinement. Background Home inspectors are not currently required to be licensed in Iowa, although they may receive certification from a national inspector association. A simple misdemeanor is punishable by up to 30 days and a fine of at least $105 but not more than $855. A serious misdemeanor is punishable by up to one year of confinement 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 delay 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. • According to the Department of Corrections (DOC), crimes involving professionals are rare, and it is anticipated that home inspectors would comply with the legislation. Fiscal Note Fiscal Services Division 2 Correctional Impact Senate File 460 creates new criminal offenses; however, crimes involving professionals are rare. As a result, the correctional impact cannot be estimated due to a lack of existing conviction data. 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 Months Minority Impact Senate File 460 creates new criminal offenses. As a result, Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 13, 2025, for information related to minorities in the criminal justice system. Fiscal Impact Senate File 460 establishes new criminal offenses. The fiscal impact cannot be estimated, but is anticipated to be minimal. Figure 2 shows the average State cost per offense for a simple misdemeanor and 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. It is not estimated that the fiscal impact of this Bill will be significant. Figure 2 — Average State Cost Per Offense Sources Criminal and Juvenile Justice Planning (CJJP), Department of Management (DOM) Department of Corrections Department of Inspections, Appeals, and Licensing /s/ Jennifer Acton March 12, 2025 Doc ID 1523598 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 Conviction 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 Offense Class Average Cost Simple Misdemeanor$40 to $420 Serious Misdemeanor$420 to $5,000