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-------------------------------- ------- ------- ------- ----- --------------------------------- STATE OFCAL.F FORN tA - DEPARTMENT OFF NANCE ECONOMIC AND FISCAL IMPACT STATEMENT (REGULATIONS AND ORDERS) STD, 399 (REV. 12/20131 ECONOMIC IMPACT STATEMENT DEPARTMENT NAME Justice CONTACT PERSON Jacqueline Dosch EMAIL ADDRESS [email protected] TELEPHONE NUMBER 916-227-7614 DESCIIIPTIVETmE FROM NOTICE REGISTER OR FORM 400 Identification Requirements for Ff rearms and Ammunition Eligibility Checks NOTI Cf AU: NUMBER z A. ESTIMATED SECTOR in the rulemaking record. PRIVATE COST IMPACTS Include cafcu/atlons and assumptions 1. Check the appropriate box(es)below to Indicatewhether this regulation: D a. Impactsbusiness and/or employees D e. Imposes reporting requirements D b. Impactssmall businesses D f. Imposes prescriptiveInsteadof performance D c. Impactsjobs or occupations D g. Impacts indlvlduals D d. ImpactsCallfornla competitiveness 181 h. None of the above (Expla tn below): The proposed regulations specify the documentation used to identify y ourself when subm ittin g a form or apl)'lication that is alread y in reg ulation. If a11y box i11 Items 1 a tl,ror,gl,g is checked, completetlris Eco11omic Impact Stateme,rt. If box in Item J.J,. is checked, complete tl,e FiscalImpact Stateme11t as appropriate. Department of Justice 2. The ----""'TT--.,.,..---.----- estimates that the economic Impactofthls regulatlon (whichincludes the fiscal Impact) Is: (Agency/Department) 181 Below $1 O million D Between $1 O and $25 mill[on D Between $25 and $50 million D Over $50 mllllon [If theeconomic impact ls over$50 million, agencies are required to submita Stam!atdJud R~ullfto,y tmJ!oaAssemm:m asspecified In Government Code Section 11346.3(c} J 3. Enterthe total number of businessesImpacted: 0 Describe the types of businesses (Includenonprofits} ; N/A Enterthe number or percentage of total businesses Impacted that are small businesses: N/A 4. Enter the number of businesses that willbe created: 0 eliminated: 0 Explain: This reg ulation e ackage only specifies the documentation used to p rove lawful p resence in the United States. 5. I ndlcatethe geographic extent of Impacts: 181 Statewide 0 Local or regional (List areas):-------------------- 6. Enterthe number of jobs created: ------- 0 and eliminated; 0 --- Describe the types of jobs or occupations Impacted; NI A 7. WIii the regulation affect the abllltyof Callforn la businesses to compete with other states by making it more costly to produce goods or services here 1 O YES 181 NO If YES , explain briefly: PAGet

June 10, 2019-STD 399 and Attachment signed by CDAG · 2019. 6. 10. · June 10, 2019-STD 399 and Attachment signed by CDAG STD 399 and Attachment signed by CDAG

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    STATE OF CAL.FFORNtA - DEPARTMENT OFF NANCE

    ECONOMIC AND FISCAL IMPACT STATEMENT (REGULATIONS AND ORDERS) STD, 399 (REV. 12/20131

    ECONOMIC IMPACT STATEMENT DEPARTMENT NAME

    Justice CONTACT PERSON

    Jacqueline Dosch EMAIL ADDRESS

    [email protected] TELEPHONE NUMBER

    916-227-7614

    DESCIIIPTIVETmE FROM NOTICE REGISTER OR FORM 400

    Identification Requirements for Ff rearms and Ammunition Eligibility Checks NOTICf AU: NUMBER

    z A. ESTIMATED SECTOR in the rulemaking record. PRIVATE COST IMPACTS Include cafcu/atlons and assumptions

    1. Check the appropriate box(es) below to Indicate whether this regulation:

    D a. Impacts business and/or employees D e. Imposes reporting requirements D b. Impacts small businesses D f. Imposes prescriptive Instead of performance D c. Impacts jobs or occupations D g. Impacts indlvlduals D d. Impacts Callfornla competitiveness 181 h. None of the above (Explatn below):

    The proposed regulations specify the documentation used to identify yourself when subm ittin g a form or apl)'lication that is alread y in reg ulation.

    If a11y box i11 Items 1 a tl,ror,gl, g is checked, complete tlris Eco11omic Impact Stateme,rt. If box in Item J.J,. is checked, complete tl,e Fiscal Impact Stateme11t as appropriate.

    Department of Justice 2. The ----""'TT--.,.,..---.----- estimates that the economic Impact ofthls regulatlon (which includes the fiscal Impact) Is:

    (Agency/Department)

    181 Below $1 O million D Between $1 O and $25 mill[on D Between $25 and $50 million D Over $50 mllllon [If the economic impact ls over $50 million, agencies are required to submit a Stam!atdJud R~ullfto,y tmJ!oaAssemm:m

    as specified In Government Code Section 1 1346.3(c}J

    3. Enter the total number of businesses Impacted: 0

    Describe the types of businesses (Include nonprofits}; N/ A

    Enter the number or percentage of total businesses Impacted that are small businesses: N/ A

    4. Enter the number of businesses that will be created: 0 eliminated: 0

    Explain: This regulation e ackage only specifies the documentation used to p rove lawful p resence in the United States.

    5. I ndlcate the geographic extent of Impacts: 181 Statewide 0 Local or regional (List areas):--------------------

    6. Enter the number of jobs created: -------0 and eliminated; 0 ---Describe the types of jobs or occupations Impacted; NI A

    7. WIii the regulation affect the ablllty of Callforn la businesses to compete with other states by making it more costly to produce goods or services here 1 O YES 181 NO If YES, explain briefly:

    PAGet

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    STATE OF CALIFORNIA- DEPARTMENT OF FINANCE

    ECONOMIC AND FISCAL IMPACT STATEMENT (REGULATIONS AND ORDERS) STD. 399 (REV. 12/2013)

    ECONOMIC IMPACT STATEMENT (CONTINUED)

    B. ESTIMATED COSTS Include calculati ons and assumptions in the rulemaking record.

    1. What are t he total statew ide dollar costs th at businesses and indi viduals may incur to comp ly w ith this regulation over its lifet im e? S N/ A

    a. Initi al costs for a small business : SN/ A A nnu al ongo ing costs: S N/ A Years: N/ A

    b. Initi al costs for a typical busin ess: SN/ A Ann ual ongo ing costs: S N/ A Years: N/ A ---~-

    c. Initial costs for an individual : sN/A Ann ual ongoing costs: S N/ A Years: N/ A

    d . Describe other economic costs t hat ma/ occu r: N/ A

    2. If multiple indu stries are impacted, enter the share of total costs fo r each industry: N/ A

    3. If the regulation imposes reporting requirements, enter the annu al costs a typica l business may incur to comply w ith the se requirements. Include the dollar costs to do programming , record keeping, report ing, and other paperw ork, whether or not the paperwork must be submitted . $NIA

    4. Will this regulation directl y impact housing costs? D YES [gj NO If YES, enter th e annual do llar cost per hou sing unit : $ ____ _______ _

    Numbe r of unit s:

    5. Are there comparable Federal regula t ions? [gj YES

    Explain the need for State regu lation given the existence or absence of Federal regu lation s: See Attachment A.

    Enter any addi t iona l costs to businesses and/o r individu als that may be due to State - Federal differences : S ----- ---- --

    C. ESTIMATED BENEFITS Estimatio n of th e dollar value of benefits is not specifically required by rulema king law, but encouraged.

    1. Briefly summ arize th e benefits of the regulation, w hich may include among others , the health and we lfare of Californi a residents , wo rker safety and the State's env iron ment: These regulations are beneficial because they inform

    California citizen s what types of identification may be used to prove lawful presence in the United States when

    establishing eligibility to possess or purchase firearms or ammunition.

    2. Are the benefits the result of: [g] specific statutory requi rem ents, or D goa ls developed by the agency based on broad statutory authority?

    Explain: Federal law require s individuals to have a lawful presence in the U.S. in order to possess a firearm or ammunition.

    3. What are the total statew ide benefit s from this reg ulatio n ove r it s lifetime? S Unknown

    4. Briefly describe any expansion of businesses currentl y d oing business wi thin the State of California that wou ld result from thi s regu lati on:

    D. ALTERNATIVES TO THE REGULATION Include calculations and assumptions in the rulemaking record. Estimat ion of the dollar value of benefits is not specifically requi red by rulemaking law, but encou raged.

    1. List alternatives conside red and describe them below. If no alternati ves were considered, exp lain w hy not: No alternatives were considered

    because there are only a few specific ways in which to identify yourself as having a lawful presence in the United States.

    PAGE2

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    STATE OF CALIFORNIA -DE PARTMENT OF FINANCE

    ECONOMIC AND FISCAL IMPACT STATEMENT (REGULATIONS AND ORDERS) STD. 399 {REV. 1212013)

    ECONOMIC IMPACT STATEMENT (CONTINUED)

    2. Summarize the tota l statewide costs and benefits from this regulation and each alternative considered:

    Regulation: Benefit: S __ U_n_k_n __ ow_n __ Cost: s Unknown

    Alternative 1: Benefit: S Unknown Cost: s Unknown

    Alternative 2: Benefit: S Unknown Cost: s Unknown 3. Briefly discuss any quantification issues that are relevant to a comparison

    of estimated costs and benefits for this regulation or alternatives: _U_n_k_n_o_w_n _____ _________ __ _________ _

    4. Rulemaking law requires agencies to consider perform ance standa rds as an a lternative, if a regu latio n mandate s the use of specific technologies or equipmen t, or pre scribe s spec ific actions or procedures . Were performance standards considered to lower compliance costs? D YES [8j NO

    Explain:------ ------------------- - --------- -- ------------ ----

    E. MAJOR REGULATIONS Include calculations and assumptions in the rulemaking record.

    California En vironm ental Protection Agency (Cal/EPA) boards, offices and departments are required to submit thefo /10111ing (per Health and Safety Code section 57005). Otherwise, skip to E4.

    1. Will the estimated costs of this regulation to California business enterprises exceed $10 million ?O YES [8j NO

    If YES, complete E2. and EJ If NO, skip to E4

    2. Briefly describe eac h alternative , or combinati on of alternat ives, for which a cost-effectiveness analysis was performed:

    Alternative 1:

    A It e rn at iv e 2:

    (Attach additional pages for other alternatives)

    3. For the regulation, and each alternative just described, ente r the est imated total cost and overai'I cost-effectiveness ratio:

    Regulation: Total Cost S ____ ____ ___ _ Cost-effectiveness ratio: S ------------

    Alternative 1: Total Cost S -------- ---- Cost -effectivenes s ratio: S A It e rn at iv e 2: Total Cost S ----- ---- --- Cost-effectiveness ratio: S ------ ------

    4. Will the regulation subject to OAL review have an estimated economic impact to business enterprises and individuals located in or doing business in California exceeding $50 million in any 12-month period between the date the major regulat ion is estimated to be filed with the Secretary of State through 12 months after the major regulation is estimated to be fully implemented?

    DYES [8j NO If YES, agencies are required to submit a Standardized Regulatory Impact Assessment fSR/A} as specified in Government Code Section 11346.3(c) and to include the SR/A in the Initial Statement of Reasons.

    5. Briefly describe the following:

    The increase or decrea se of investment in the State:

    The incentive for innovation in products, materials or processes :

    The benefits of the regulations, including, but not limited to, benefits to the hea lth, safety, and welfare of California residents, worker safety, and the state's environment and qua lity of life, among any other benefits identified by the agency:---------- --

    PAGE3

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    STATE OF CALIFORNIA- DEPARTMENT OF FINANCE

    ECONOMIC AND FISCAL IMPACT STATEMENT (REGULATIONS AND ORDERS) STD. 399 (REV. 12/2013)

    FISCAL IMPACT STATEMENT

    A. FISCAL EFFECT ON LOCAL GOVERNMENT Indicate appropriate boxes 1 through 6 and attach calculations and assumptions of fiscal impact for the current year and two subsequent Fiscal Years. ·

    D 1. Additional expenditures In the current State Fiscal Year which are reimbursable by the State. (Approximate) (Pursuant to Section 6 of Article XIII B of the California Constitution and Sections 17500 et seq. of the Government Code).

    $ ---------------D a. Funding provided in

    Budget Act of ________ _ or Chapter ______ , Statutes of ______ _

    D b. Funding will be requested in the Governor's Budget Act of

    Fiscal Year:

    D 2. Additional expenditures in the current State Fiscal Year which are NOT reimbursable by the State. (Approximate) (Pursuant to Section 6 of Article XIII B of the California Constitution and Sections 17500 et seq. of the Government Code).

    $

    Check reason(s) this regulation Is not reimbursable and provide the appropriate information:

    D a. Implements the Federal mandate contained in

    D b. Implements the court mandate set forth by the Court.

    Case of: ------------------ vs. __ .__ ______________ _ D c. Implements a mandate of the people of this State expressed in their approval of Proposition No.

    Date of Election:

    D d. Issued only in response to a specific request from affected local entity(s).

    Local entity(s)affected=-------------------------------------

    D e. Will be fully financed from the fees, revenue, etc. from:

    Autho.rized by Section: ___________ ofthe -------------- Code;

    D f. Provides for savings to each affected unit of local government which will, at a minimum, offset any additional costs to each;

    D g. Creates, eliminates, or changes the penalty for a new crime or infraction contained In

    D 3. Annual Savings. (approximate)

    $

    D 4. No additional costs or savings. This regulation makes only technical, non-substantive or clarifying changes to current law regulations.

    (gJ S. No fiscal impact exists. This regulation does not affect any local entity or program.

    D 6. Other. Explain

    PAGE4

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    STATE OF CALIFORNIA - DEPARTMENT OF FINANCE

    ECONOMIC AND FISCAL IMPACT STATEMENT (REGULATIONS AND ORDERS) STD. 399 (REV. 12/20 13)

    FISCAL IMP ACT ST A TEMENT (CONTINUED) B. FISCAL EFFECT ON STATE GOV ERNMENT Indicate appropriate boxes 1 through 4 and attach calculations and assumptions of fiscal impact for the current

    year and two subsequent Fiscal Years.

    D 1. Additi onal expenditures in the curren t State Fiscal Year. (Appro ximat e)

    s It is anticipated that State agencies will:

    D a. Absorb th ese additional co sts w ith in th eir existing budg ets and resources. D b. Increase th e current ly authoriz ed budg et level for th e

    - -- - - - ---Fiscal Year

    D 2. Savings in the current State Fiscal Year. (App roximate)

    s - -- - -- - - - - - -(8] 3. No fiscal impact exists. This regulation does not affect any State agency or prog ram.

    D 4. Other. Explain

    C. FISCAL EFFECT ON FED ERAL FUND ING OF STATE PROGRAMS Indicate appropriate boxes 1 through 4 and attach calculations and assumptions of fiscal impact for the current year and two subsequent Fiscal Years.

    D 1. Additional expenditur es in th e current Stat e Fiscal Year. (Appro ximat e)

    $ _ ___ _ _ _ _ _ ___ _ _ _

    D 2. Savings in t he current State Fiscal Year. (Approx imate)

    s

    [8] 3. No fiscal imp act exists. This regulati on does not affect any federally fund ed State agency or program .

    D 4. Other. Explain

    The sign e cy has completed the STD. 399 according to the instructions in SAM sections 601- 616, and understands the impacts of the proposed n emaking. State boards, offices, or departments not under an Agency Secretary must have the fo rm signed by the hi hest rankin o 1cial in the or anization.

    DATE

    (; /l -' I 9 ppr oval and signature is required when SAM sections 6601-6616 require comp letion of Fiscal Impact Statement in the STD. 399.

    DEPARTMENT OF FINANCE PROGRAM BUDGET MANAGER DATE

    PAGE 5

  • Economic and Fiscal Impact Statement (Std. 399)

    Attachment A

    Section B. Estimated Costs

    5. Are there comparable Federal regulations? Yes.

    Per the Code of Federal Regulations, Title 27 section 478.99 subdivision (c)(5), an alien illegally or unlawfully in the United States is prohibited from owning or possessing firearms or ammunition. Federal regulations explain who is prohibited from what activities. The Department's regulation is necessary to explain the process of how the Department will determine if an individual is prohibited (i.e. does not have lawful presence in the United States). In addition, it clarifies what documentation an individual shall provide to prove they have lawful presence in the United States if they possess a driver license or identification card that states, "FEDERAL LIMITS APPLY."