STD. 399 - Economic and Fiscal Impact Statement · completed the STD. 399 according to the i11str11ctions in SAM sections 6. 'O . 1-6 16, and understands the impacts ofthe proposed

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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 DEPARTMENT NAME CONTACT PERSON EMAIL ADDRESS TELEPHONE NUMBER

Justice James Toma Jam [email protected] 213-269-6549

DESCRIPTIVE TITLE FROM NOTICE REGISTER OR FORM 400 NOTICE FILE NUMBER

Supervision ofTrustees and Fundraisers for Charitable Purposes Act z A. ESTIMATED PRIVATE SECTOR COST IMPACTS Include calculations and assumptions in the rulemaking record.

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

0 a. Impacts business and/or employees [8] e. Imposes reporting requirements

0 b. Impacts small businesses 0 f. Imposes prescrip tive Instead of performance

0 c. Impacts jobs or occupations 0 g. Impacts Individuals

0 d. Impacts California competitiveness 0 h. None of the above (Explain below):

If a11y box in Items I a thro11gh g is checked, complete this Eco11omic Impact Statement. If box in Item l .h. is ciiecketf, complete the Fiscal Impact State111e11t as appropriate.

Department 2. The - ----~ - - - -------- estimates that the economic Impact of this regulation (which includes the fiscal impact) Is:

(Agency/Department)

[8] Below S 10 million

0 Between $10 and S25 million

0 Between $25 and S50 million

0 Over SSO million {Ifthe economic impact Is over S50 ml/lion, agencies are required to submit a Standardized Regulatory Impact Assessment as specified in Government Code Section 11346.3(c))

3. Enter the total number of businesses impacted: est. 122,656

Describe the types of businesses (Include nonprofits): Nonprofit organizat ions registered with the Attorney General

Enter the number or percentage of total businesses Impacted that are small businesses: est. 122,656

4. Enter the n umber of businesses that will be created: N/ A eliminated: N/ A

Explain: Req uires nonprofits to report basic information they are already required to have

5. Indicate the geographic extent of Impacts: [8] Statewide

0 Local or regional (List areas): --- --- --- --- ------- - --

6. Enter the number of jobs created: N/A and eliminated: N/ A

Describe t he types ofJobs or occupat ions Impacted: N/ A

7. Will the regulation affect the ability of California businesses to compete with other states by making it more costly to produce goods or services here? O YES [8j NO

If YES, explain briefly:

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STATE OF CALIFORNIA -DEPARTMENT OF FINANCE

ECONOMIC AND FISCAL IMPACT STATEMENT (REGULATIONS AND ORDERS) STD 399 (REV 12120 13)

ECONOMIC IMPACT STATEMENT (CONTINUED)

B. ESTIMATED COSTS Include calculations and assumptions in the rulemaking record.

1. What are the total statewide dollar costs that businesses and individuals may incur to comply with this regulation over its lifetime? S 0

a. Initial costs for a small business: S__________ Annual ongoing costs: S -------- Years:_____

b. Initial costs for a typical business: S_ _________ Annual ongoing costs: S --- ----- Years:_____

c. Initial costs for an individual: s__________ Annual ongoing costs: S ________ Years:_____

d. Describe other economic costs that may occur:

2. if multiple industries are Impacted, enter the share of total costs for each industry:

3. if the regulation Imposes reporting requirements, enter the annual costs a typical business may Incur to comply with these requirements. Include the dollar costs to do programming, record keeping, reporting, and orher paperwork, whether or not the paperwork must be submitted. S_ ______

4. Will this regulation directly impact housing costs? D YES ~NO

If YES, enter the annual dollar cost per housing unit: S ____ ________

Number of units:

5. Are there comparable Federal regulations? D YES ~NO

Explain the need for State regulation given the existence or absence of Federal regulations: Statutory mandate. See Gov. Code sec. 12580et seq.

Enter any additional costs to businesses and/or Individuals that may be due to State - Federal differences: S N/ A

C. ESTIMATED BENEFITS Estimation ofthe dollar value ofbenefits Is not specifically required by rulemaking law, but encouraged.

1. Briefly summarize the benefits of the regu lation, which may include among others, the health and welfare of California residents, worker safety and the State's environment: California donors who rely on the information filed by

registrants in making giving decisions; and the Attorney General uses t he information to carry out his oversight

and supervisory responsibilities over charitable organizations and trustees

2. Are the benefits the result of: [gj specific statutory requirements, or D goals developed by the agency based on broad statutory authority?

Explain: Charitable organizations are required to register and file annual reports

3. What are the total statewide benefits from this regulation over Its lifetime? S N/ A

4. Briefly describe any expansion of businesses currently doing business within the State of California that would result from this regulation: _ ______

D. ALTERNATIVES TO THE REGULATION Include calculations and assumptions in the rulemaking record. Estimation of the dollar value ofbenefits is not specifically required by rulemaking law, but encouraged.

1. List alternatives considered and describe them below. If no alternatives were considered, explain why not: No alternatives were considered. The

proposed amendments are necessary to allow the Attorney General to fulfill his statutory mandate to supervise

organizations that hold charitable assets in California. PAGE 2

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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)

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

Regulation: Benefit: S N/A Cost: S N/A

Alternative 1: Benefit: S N/ A Cost: S N/A

Alternative 2: Benefit: S N/ A Cost: S N/A

3. Briefly discuss any quantification Issues that are relevant to a comparison of est imated costs and benefits fo r this regulation or alternatives: Charit ies are already req uired by statute to fi le registration forms

with the Registry ofCharitable Trusts

4. Ru lemaklng law requi res agencies to consider performance standards as an a lternative, if a regulation mandates the use of specific technologies or equipment, or prescribes specific actions or p rocedures. Were performance standards considered to lower compliance costs? D YES (81 NO

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

E. MAJOR REGULATIONS Include ca/culatlons and assumptions in the ru/emaking record.

California E11l'iro11111e11tal Protectio11 Agency (Cal/EPA) boards, offices and departments are required to submit tlte f ottowi11g (per Health a11d Safety Code sectio11 57005). Otherwise, skip to £4.

1. Will the estimated costs of this regula tion to California business enterprises exceed $1 O million? 0 YES (81 NO

If YES, complete £2. and £3 If NO, skip to E4

2. Briefly describe each a lternative, or combination of a lternatives, for which a cost-effectiveness analysis was performed :

Alternative 1:

AIternative 2:

1Attach additional pages for other alternatives)

3. For the regulation, and each alternative just described, enter the estimated total cost and overall cost-effectiveness ratio:

Regulation: Total Cost S_ ___________ Cost-effectiveness ratio: S

Alternative 1: Total Cost S Cost-effectiveness ratio: S

Alternative 2: Total Cost S Cost-effect iveness 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 550 million in any 12-month period between the date the major regulation Is estimated to be flied with the Secretary of State through12 months after the major regulation is estimated to be fully implemented?

DYES

IfYES, agencies are required to submit a Standardized Reqularqry Impact Assessment (SR/A/ as specified In Government Code Section 11346.3/c) and to Include the SR/A in the Initial Statement ofReasons.

S. Briefly describe the following:

The increase or decrease of investment in the State: N/A

The incentive for innovation in products, materials or processes: _______ ___ _ _ ____N_/_A_ _______ ______ _

The benefits of the regula tions, including, but not limited to, benefits to the health, safety, and welfare of California residents, worker safety, and the state's environment and quality of life, among any other benefits Identified by the agency: ______N_I_A_____

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STATE OFCALIFORNIA- 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 offiscal Impact for the cu"ent year and two subsequentFiscal Years. ·

O 1. Addltlonal expenditures In the current State Flscal Year which are relmbursable by the State. (Approximate) (Pursuant to Section 6 ofArticle XIII Bof the Callfornla Constitution and Sections 17500 et seq. of the Government Code).

$ ____________

0 a. Funding provided In

Budget Act of________ or Chapter______ , Statutes of_______

0 b. Funding wlll be requested In the Governor's Budget Act of

Flscal Year:

0 2. Addltlonal expenditures In the current State Flscal Year which are NOT relmbursable by the State. (Approximate) (Pursuant to Section 6 ofArticle XIII Bof the California Constitution and Sections 17500 et seq. of the Government Code).

$ ____________

Checkreason(s) this regulation Is not reimbursable andprovide the appropriate Information:

D a. Implements the Federal mandate contained In

D b. Implements the court mandate setforth by the Court.

Case of:._________________ vs.------------------

0 c. Implements a mandate of the people of this State expressed In their approval of Proposition No.

0 ate of EIectIon:_----------------­

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

Local entlty(s) affected.:_--------------------- -------------

0 e. WIii be fully financed from the fees, revenue, etc. from:

Authorlzed by Section:___________ of the ----------- --- Code;

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

0 g. Creates, eliminates, or changes the penalty for a new crime or Infraction contained In

D 3. Annual Savings. (approximate)

$ _____________

0 4. No addltlonal costsor savings. This regulation makes only technical, non-substantive or clarlfylng changes to current law regulations.

(8) s. No fiscal Impact exists. This regulation does not affectany local entity or program.

0 6. Other. Explain

PAOE4

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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 (CONTINUED) B. FISCAL EFFECT ON STATE GOVERNMENT Indicate appropriate boxes 1through 4 and attach calculations and assumptions offiscal impact for the current

yearand two subsequent Fiscal Years.

0 1. Additional expenditures In the current State Fiscal Year. (Approximate)

s It is anticipated that Stare agencies will:

0 a. Absorb these additional costs within their existing budgets and resources.

0 b. Increase the currently authorized budget level for the Fiscal Year

0 2. Savings in the current State Fiscal Year. (Approximate)

~ 3. No fiscal Impact exists. This regulation does not affect any State agency or program.

0 4. Other. Explain

C. FISCAL EFFECT ON FEDERAL FUNDING OF STATE PROGRAMS Indicate appropriate boxes 1 through 4 and attach calculations and assumptions offiscal Impact for the current year and two subsequent Fiscal Years.

0 1. Additional expenditures in the current State Fiscal Year. (Approximate)

s

0 2. Savings in the current State Fiscal Year. (Approximate)

s

~ 3. No fiscal impact exists. This regulation does not affect any federally funded Stateagency or program.

0 4. Other. Explain

FISCAL OFFICER SIGNAT DATE

71ie signal/Ire a/tests I ti agenc ~p completed the STD. 399 according to the i11str11ctions in SAM sections 6 . 'O 1-6 16, and understands the impacts ofthe proposed mlema'f/ g. State boards, offices, or departments not under an Agency Secreta,y 11111st have the f orm signed by the hi hest rankin ofj ,cial in the or a zation.

AGENCY SECRETA Y DATE

Finance approval and signat11re is required when SAM sections 6601-6616 req11ire completion ofFiscal Impact Statement in the STD. 399.

DEPARTMENT OF FINANCE PROGRAM BUDGET MANAGER DATE

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