08 LC 36
1015
Senate
Bill 548
By:
Senator Seabaugh of the 28th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia
Annotated, relating to state purchasing, so as to prohibit the use of state
funds by purchase orders, government contracts, credits cards, charge cards, or
debit cards, or other such payment vehicles for personal benefit or gain; to
provide for penalties; to amend Article 2 of Chapter 7 of Title 45 of the
Official Code of Georgia Annotated, relating to reimbursements for public
officers and employees, so as to prohibit state officers and employees from
misappropriating advances of public funds, submitting fraudulent reimbursement
requests, or approving fraudulent reimbursement requests; to provide for
penalties; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating
to state purchasing, is amended by revising Code Section 50-5-80, relating to
personal purchases or sales through the department for individual ownership, all
department purchases remaining state property, penalty, and applicability, as
follows:
"50-5-80.
(a)
As used in this Code section, the term 'person' includes natural persons, firms,
partnerships, corporations, or associations.
(b)
It shall be unlawful for any
employee or
official of the state or any other person to purchase, directly or indirectly,
through the Department of Administrative Services, or through any office,
agency, department, board, bureau, commission, institution, authority, or other
entity of the state, any article, material, merchandise, ware, commodity, or
other thing of value for the personal or individual ownership of himself or
herself or other person or persons. All articles, materials, merchandise, wares,
commodities, or other things of value purchased, directly or indirectly, by or
through the Department of Administrative Services or by or through any office,
agency, department, board, bureau, commission, institution, authority, or other
entity of the state shall be and remain the property of the state until sold or
disposed of by the state in accordance with the laws governing the disposition
or sale of other state property
person to
obtain for his or her own personal benefit, or for the benefit of any other
person, any goods, services or other things of value, through any resource or
method established pursuant to this article, including but not limited to
purchase orders, government contracts, credit cards, charge cards, or debit
cards.
(c)(1)
It shall be
unlawful for any person knowingly to sell or deliver any article, material,
merchandise, ware, commodity, or other thing of value to any person, directly or
indirectly, by or through the Department of Administrative Services or by or
through any office, agency, department, board, bureau, commission, institution,
authority, or other entity of the state for the individual and personal
ownership of such person or other person or persons except that property of the
state may be sold or otherwise disposed of in accordance with the laws governing
the sale or other disposition of state
property.
Any person who
violates subsection (b) of this Code section by obtaining any goods, services,
or other things of value in the aggregate value of less than $500.00 shall be
guilty of a misdemeanor of a high and aggravated nature which shall be
punishable by up to one year in prison and a fine of up to $5,000.00. In
addition to the foregoing criminal penalties, any such person shall also be
subject to immediate termination of state employment and shall owe restitution
to the state equal to the amount of such unlawful purchases, plus interest to be
assessed at a rate of 12 percent per annum to be calculated from the date each
unlawful purchase was made.
(2)
Any person who violates subsection (b) of this Code section by obtaining any
goods, services, or other things of value in the aggregate value of $500.00 or
more shall be guilty of a felony which shall be punishable by at least one year
but no more than 20 years in prison and a fine of up to $50,000.00 or triple the
amount of such unlawful purchases, whichever is greater. In addition to the
foregoing criminal penalties, any such person shall also be subject to immediate
termination of state employment and shall owe restitution equal to the amount of
such unlawful purchases, plus interest to be assessed at a rate of 12 percent
per annum to be calculated from the date each such unlawful purchase was made.
If any person who is convicted of a felony pursuant to this subsection is a
participant in any government-funded retirement system, such person´s
retirement benefits shall be paid to the state until such fines, restitution,
and interest have been paid in full.
(d)(1)
Any person
who violates any provision of this Code section shall be guilty of a
misdemeanor.
Any person who
knowingly assists another person in violating subsection (b) of this Code
section shall be guilty of a misdemeanor of a high and aggravated nature which
shall be punishable by up to one year in prison and a fine of up to $5,000.00 if
the unlawfully purchased goods, services, or other things of value are valued in
the aggregate of less than $500.00. In addition to such criminal penalties, any
such person shall also be subject to immediate termination of state employment
and shall owe restitution equal to the amount of such unlawful purchases, plus
interest to be assessed at a rate of 12 percent per annum to be calculated from
the date each unlawful purchase was made.
(2)
Any person who knowingly assists another person in violating subsection (b) of
this Code section shall be guilty of a felony which shall be punishable by at
least one year but no more than 20 years in prison and a fine of up to
$50,000.00 or triple the amount of the unlawful purchases, whichever is greater,
if the goods, services, or other things of value are in the aggregate value of
$500.00 or more. In addition to the foregoing criminal penalties, any such
person shall also be subject to immediate termination of state employment and
shall owe restitution for the amount of such unlawful purchases, plus interest
to be assessed at a rate of 12 percent per annum to be calculated from the date
each unlawful purchase was made. If any person who is convicted of a felony
pursuant to this subsection is a participant in any government-funded retirement
system, such person´s retirement benefits shall be paid to the state until
such fines, restitution, and interest have been paid in full.
(e)
This Code section shall not apply to any official employee purchase program for
technology resources facilitated by and through the Georgia Technology Authority
for state employees and public school employees of county or independent boards
of education."
SECTION
2.
Article
2 of Chapter 7 of Title 45, relating to reimbursement expenses for public
officers and employees, is amended by revising Code Section 45-7-32 of the
Official Code of Georgia Annotated, relating to reimbursement for expenses of
lodging and airfare and penalty for violations, as follows:
"45-7-32.
Any
person who intentionally violates Code Sections 45-7-29 through 45-7-31 shall be
guilty of a misdemeanor.
(a)
It shall be unlawful for any person to use any travel advance received from
public funds, for nongovernmental purposes or to submit or approve, knowingly or
through willful and wanton neglect, a fraudulent request to the state for
reimbursement of expenses.
(b)
Any person who in violation of subsection (a) of this Code section uses any
travel advance for nongovernmental purposes or submits or approves, knowingly or
through willful and wanton neglect, a fraudulent request for reimbursement of
expenses, valued in the aggregate at less than $500.00 shall be guilty of a
misdemeanor of a high and aggravated nature which shall be punishable by up to
one year in prison and a fine of up to $5,000.00. In addition to the foregoing
criminal penalties, any such person shall also be subject to immediate
termination of state employment and shall owe restitution to the state equal to
the amount of such misappropriated travel advances or fraudulent reimbursements,
plus interest to be assessed at a rate of 12 percent per annum to be calculated
from the date each misappropriated travel advance or fraudulent reimbursement
payment was made.
(c)
Any person who in violation of subsection (a) of this Code section uses any
travel advance for nongovernmental purposes or submits or approves knowingly, or
through willful and wanton neglect, a fraudulent request for reimbursement of
expenses valued in the aggregate at $500.00 or more shall be guilty of a felony
which shall be punishable by at least one year but no more than 20 years in
prison and a fine of up to $50,000.00 or triple the amount of such
misappropriated travel advances or fraudulent reimbursement payments, whichever
is greater. In addition to the foregoing criminal penalties, any such person
shall also be subject to immediate termination of state employment and shall owe
restitution to the state equal to the amount of such misappropriated travel
advances or fraudulent reimbursements, plus interest to be assessed at a rate of
12 percent per annum to be calculated from the date each misappropriated travel
advance or fraudulent reimbursement payment was made. If any person who is
convicted of a felony pursuant to this subsection is a participant in any
government-funded retirement system, such person´s retirement benefits
shall be paid to the state until such fines, restitution, and interest have been
paid in full."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.