HB1130: HB1130 Safeguarding Election Candidates Using Reasonable Expenditures (SECURE) Act; enact

26 LC 47 3937 House Bill 1130 By: Representatives Seabaugh of the 34th, Gambill of the 15th, Rice of the 139th, DeLoach of the 167th, Burchett of the 176th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to1 government transparency and campaign finance, so as to specify the time period for a2 candidate's or campaign committee treasurer's failure to comply with requests for inspection3 of accounts; provide for penalties for failure to comply with s uch requests; to provide that4 certain expenses related to security equipment and services con stitute expenses of a5 campaign; to provide a definition; to provide for the leasing of security equipment; to provide6 for additional reporting requirements for such expenses; to provide a short title; to provide7 for related matters; to provide for an effective date; to repeal conflicting laws; and for other8 purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 This Act shall be known and may be cited as the "Safeguarding Election Candidates Using12 Reasonable Expenditures (SECURE) Act."13 H. B. 1130 - 1 - 26 LC 47 3937 SECTION 2.14 Chapter 5 of Title 21 of the Official Code of Georgia Annotated , relating to government15 transparency and campaign finance, is amended in Code Section 2 1-5-3, relating to16 definitions, by adding a new paragraph to read as follows:17 "(24.1) 'Security expenditures' means reasonable costs for secu rity equipment and18 monitoring services, including but not limited to installation costs by licensed providers19 of security services."20 SECTION 3.21 Said chapter is further amended in Code Section 21-5-32, relating to accounts to be kept by22 candidate or campaign committee treasurer, by adding a new subsection to read as follows:23 "(d) Any request to inspect accounts issued under this article shall allow the candidate or24 treasurer of a campaign committee up to 30 days to comply with such request. Failure to25 allow or facilitate such inspection shall constitute a violation of this article and be subject26 to civil penalties as provided for in Code Section 21-5-6 or criminal penalties as provided27 for in Code Section 21-5-9."28 SECTION 4.29 Said chapter is further amended in Code Section 21-5-33, relati ng to disposition of30 contributions, by revising subsection (a) as follows:31 "(a)(1) Contributions to a candidate, a campaign committee, or a public officer holding32 elective office and any proceeds from investing such contributions shall be utilized only33 to defray ordinary and necessary expenses, which may include any loan of money from34 a candidate or public officer holding elective office to the campaign committee of such35 candidate or such public officer, incurred in connection with such candidate's campaign36 for elective office or such public officer's fulfillment or retention of such office.37 H. B. 1130 - 2 - 26 LC 47 3937 (2)(A) In addition to defraying ordinary and necessary expense s pursuant to38 paragraph (1) of this subsection, contributions to a candidate, a campaign committee,39 or a public officer holding elective office and any proceeds fr om investing such40 contributions may be utilized to defray expenditures incurred by a candidate or public41 officer holding elective office to provide for his or her secur ity during an ongoing42 campaign or for the term of such elective office; provided, how ever, that no43 expenditures pursuant to this paragraph shall:44 (i) Be used for structural or physical improvements to propert y that is not directly45 related to the installation of security equipment;46 (ii) Be used for the purchase of any firearms, ammunition, or other weapons; or47 (iii) Be used to pay a member of the family or campaign staff member of the48 candidate or public officer holding elective office for the ins tallation of security49 equipment or the provision of monitoring services.50 (B) Any security equipment acquired by an expenditure pursuant to this paragraph51 shall be returned upon the conclusion of a candidate’s active campaign or, in the case52 of a public officer, upon the expiration of the term of office. Such equipment may be53 retained only if the candidate or public officer reimburses the campaign, from personal54 funds, an amount equal to the full cost of the equipment. Absent such reimbursement,55 the equipment shall not remain in the possession of the candidate or public officer.56 (C) In addition to any other reporting that may be required by this chapter, a candidate,57 chairperson or treasurer of a campaign committee, or public off icer holding elective58 office shall provide an itemized report to the commission on ea ch expenditure made59 pursuant to this paragraph. Such report shall include invoice documentation of the60 security equipment and security services acquired and, if such equipment or services61 were obtained from a licensed provider of security services, the licensing information62 of such provider."63 H. B. 1130 - 3 - 26 LC 47 3937 SECTION 5.64 All laws and parts of laws in conflict with this Act are repealed.65 H. B. 1130 - 4 -