Cal. Gov. Code § 89517.5

Current through the 2024 Legislative Session.
Section 89517.5 - Campaign funds; security expenses
(a)
(1) For purposes of this section, "security expenses" include all of the following:
(A) The reasonable costs of installing and monitoring a home or office electronic security for a candidate, elected officer, or the immediate family or staff of a candidate or elected officer.
(B) The reasonable costs of providing personal security to a candidate, elected officer, or the immediate family or staff of a candidate or elected officer.
(C) Any other tangible item related to security for a candidate, elected officer, or the immediate family or staff of a candidate or elected officer.
(2) "Security expenses" do not include either of the following:
(A) Payments to a relative, within the third degree of consanguinity, of a candidate or elected officer.
(B) Payments for a firearm.
(b)
(1) Notwithstanding Section 89517, campaign funds may be used to pay, or reimburse the state, for security expenses to protect a candidate, an elected officer, or the immediate family or staff of a candidate or elected officer, provided that the threat or potential threat to safety arises from the candidate's or elected officer's activities, duties, or status as a candidate or elected officer or from staff's position as staff of the candidate or elected officer.
(2) Expenditures of campaign funds pursuant to this section shall be limited to a lifetime maximum of ten thousand dollars ($10,000) for a person who is a candidate or elected officer. This lifetime maximum shall apply regardless of whether the person is a candidate or an elected officer for multiple offices.
(c)
(1) If a committee uses campaign funds to pay, or reimburse the state, for the costs of installing a home or office electronic security system or for any other tangible item related to security, either the security system or other item shall be returned to the committee or reimbursement for the security system or other item shall be made to the campaign fund account of the committee that paid for the security system or other item, pursuant to the requirements of paragraphs (2) and (3).
(2)
(A) Except as provided in subparagraph (B), return or reimbursement is due within one year of when the elected officer leaves the office for which the security system or other tangible item related to security was purchased or when the candidate is no longer a candidate for the office for which the security system or other item was purchased, or, if applicable, upon sale of the property on which the security system is installed, whichever occurs sooner.
(B) If there is a continuing threat to the physical safety of the candidate or elected officer, the threat arises from the candidate's or elected officer's activities, duties, or status as a candidate or elected officer, and the threat has been reported to and verified by an appropriate law enforcement agency, return or reimbursement is due within one year of when the threat verified by the law enforcement agency ceases, or, if applicable, upon sale of the property on which the security system is installed, whichever occurs sooner.
(3) The amount of the reimbursement shall be the fair market value of the security system or other tangible item related to security at the time that reimbursement is paid or due pursuant to paragraph (2), whichever occurs sooner. For a security system installed at the home or office of, or for an item purchased for, a candidate or elected officer, the candidate or elected officer shall pay the reimbursement. For a security system installed at the home or office of, or for an item purchased for, immediate family or staff, either the candidate or elected officer, or the immediate family or staff, shall pay the reimbursement.
(d) The immediate family or staff of the candidate or elected officer shall not be personally liable for reimbursement for expenditures for security expenses pursuant to this section.
(e)
(1) The candidate or elected officer shall report an expenditure pursuant to subdivision (b) and a reimbursement pursuant to subdivision (c) on the candidate's or elected officer's campaign statement filed pursuant to Article 2 (commencing with Section 84200) of Chapter 4.
(2) With each report described in paragraph (1), the candidate or elected officer shall also submit a form to the Commission, in a manner prescribed by the Commission and signed under penalty of perjury, that describes and verifies the threat or potential threat to the candidate or elected officer, or to their immediate family or staff, that arose from the candidate's or elected officer's activities, duties, or status as a candidate or elected officer and that necessitated the expenditure or reimbursement.
(3) As part of the recordkeeping requirements in Section 84104, the candidate or elected officer shall maintain detailed accounts, records, bills, and receipts relating to an expenditure or reimbursement described in paragraph (1), including records providing evidence of the threat or potential threat to safety that gave rise to the need for the expenditure.

Ca. Gov. Code § 89517.5

Added by Stats 2024 ch 372 (AB 2041),s 2, eff. 9/22/2024.
Repealed by Stats 2024 ch 372 (AB 2041),s 1, eff. 9/22/2024.
Amended by Stats 2021 ch 50 (AB 378),s 230, eff. 1/1/2022.
Added by Stats. 1993, Ch. 1143, Sec. 2. Effective January 1, 1994.