28225.
(a) The Department of Justice may require the dealer to charge each firearm purchaser a fee not to exceed fourteen dollars ($14), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. thirty-two dollars and nineteen cents ($32.19) and submit the fee to the Department of Justice for deposit in the Dealers’ Record of Sale Special Account (DROS).(b) The fee under
established pursuant to subdivision (a) shall be no more than is necessary to fund the following:
(1) The department for the cost of furnishing this information.
(2) The department for the cost of meeting its obligations under paragraph (2) of subdivision (b) of Section 8100 of the Welfare and Institutions Code.
(3) Local mental health facilities for state-mandated local costs resulting from the reporting requirements imposed by Section 8103 of the Welfare and Institutions Code.
(4) The State Department of State Hospitals for the costs resulting from the requirements imposed by Section 8104 of the Welfare and Institutions
Code.
(5) Local mental hospitals, sanitariums, and institutions for state-mandated local costs resulting from the reporting requirements imposed by Section 8105 of the Welfare and Institutions Code.
(6) Local law enforcement agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (a) of Section 6385 of the Family Code.
(7) Local law enforcement agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (c) of Section 8105 of the Welfare and Institutions Code.
(8) For the actual costs associated with the electronic or telephonic transfer of information pursuant to Section 28215.
(9) The
Department of Food and Agriculture for the costs resulting from the notification provisions set forth in Section 5343.5 of the Food and Agricultural Code.
(10) The department for the costs associated with subdivisions (d) and (e) of Section 27560.
(11) The department for the costs associated with funding Department of Justice firearms-related regulatory and enforcement activities related to the sale, purchase, possession, loan, or transfer of firearms pursuant to any provision listed in Section 16580.
(12) The cost of any other activity not listed in this subdivision that is funded by DROS, or any other firearms-related activity required of the department for which no sustainable funding source is provided.
(c) The fee established pursuant to this section subdivision (a) shall not exceed the sum of
fund the actual processing costs of the department, the estimated reasonable costs of the local mental health facilities for complying with the reporting requirements imposed by paragraph (3) of subdivision (b), the costs of the State Department of State Hospitals for complying with the requirements imposed by paragraph (4) of subdivision (b), the estimated reasonable costs of local mental hospitals, sanitariums, and institutions for complying with the reporting requirements imposed by paragraph (5) of subdivision (b), the estimated reasonable costs of local law enforcement agencies for complying with the notification requirements set forth in subdivision (a) of Section 6385 of the Family Code, the estimated reasonable costs of local law enforcement agencies for complying with the notification requirements set forth in subdivision (c) of Section 8105 of the Welfare and Institutions Code imposed by paragraph (7) of subdivision (b), the estimated reasonable costs of
the Department of Food and Agriculture for the costs resulting from the notification provisions set forth in Section 5343.5 of the Food and Agricultural Code, the estimated reasonable costs of the department for the costs associated with subdivisions (d) and (e) of Section 27560, and the estimated reasonable costs of department firearms-related regulatory and enforcement activities related to the sale, purchase, possession, loan, or transfer of firearms pursuant to any provision listed in Section 16580. 16580, and any other costs described in paragraph (12) of subdivision (b).
(d) Where the electronic or telephonic transfer of applicant information is used, the department
shall establish a system to be used for the submission of the fees described in this section to the department.
(e) The amount of the fee established pursuant to subdivision (a) may be increased or decreased by the department to ensure adequate funding of DROS to fund those programs paid for by moneys in the account.
(1) The fee established pursuant to subdivision (a) may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, except that the amount of the fee may be increased to provide necessary funding for increased programmatic responsibilities to be funded from DROS, or other
firearms-related activities for which no sustainable funding source is provided.
(2) Any increase in the amount of the fee established pursuant to subdivision (a) shall not exceed the amount reasonably necessary to fund the costs described in subdivisions (b) and (c).
(3) Commencing on July 1, 2020, and on July 1 annually thereafter, the department shall review its DROS revenues and expenses funded by DROS during the prior fiscal year. Based on that review, the department shall determine if it is necessary to adjust the amount of the fee established pursuant to subdivision (a) during the current fiscal year to cover all estimated costs of the programs funded by DROS, without overfunding the account.
(4) Commencing on January 10, 2021, and on or before January 10 annually thereafter, the department shall publish on
its public internet website notice of whether or not any adjustment to the fee pursuant to paragraph (3) will be made.
(5) If an adjustment to the amount of the fee is required, the department shall, no less than 30 days before the adjustment takes effect, provide notice of the amount and effective date of the adjusted fee, by doing all of the following:
(A) Notifying each person who has filed a request for notice of adjustment pursuant to paragraph (6) in the manner requested.
(B) Notifying each dealer listed on the centralized list of firearms dealers described in Section 26715.
(C) Clearly posting the information on the department’s public internet website.
(D) Notifying, in writing,
the Director of Finance, the chairpersons of the committees in each house of the Legislature that consider public safety policy, the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the committees and appropriate subcommittees that consider the State Budget.
(6) A person may file a request with the department to be notified by either United States mail, electronic mail, or text message of any adjustment to the amount of the fee established pursuant to subdivision (a).
(7) The adjustment of the amount of the fee described in subdivision (a) pursuant to this section is not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).