36-80-24. Limitation on elected official’s or constitutional officer’s use of government issued purchasing or credit cards; policy development.

As used in this Code section, the term “constitutional officer” means the locally elected clerk of superior court, judge of the probate court, sheriff, tax receiver, tax collector, or tax commissioner.#

An elected official of a county, municipal corporation, local school system, or consolidated government or a constitutional officer shall be prohibited from the use of a government purchasing card or a government credit card unless:#

1. (1)

   Such purchases are solely for items or services that directly relate to such official’s or constitutional officer’s public duties; and#

2. (2)

   Such purchases are in accordance with guidelines adopted by the county, municipal corporation, local school system, consolidated government, or constitutional officer.#

Documents related to such purchases incurred by such elected officials or constitutional officers shall be available for public inspection.#

No such county, municipal corporation, local school system, or consolidated government shall issue government purchasing cards or government credit cards to elected officials on or after January 1, 2016, until the governing authority of such county, municipal corporation, local school system, or consolidated government, by public vote, has authorized such issuance and has promulgated specific policies regarding the use of such government purchasing cards or government credit cards. No constitutional officer shall issue government purchasing cards or government credit cards to himself, herself, or his or her employees on or after July 1, 2016, until he or she has promulgated specific policies regarding the use of such government purchasing cards or government credit cards that apply to himself or herself and his or her employees and such policies have been filed with the governing authority of the county. If an elected official of such county, municipal corporation, local school system, or consolidated government or constitutional officer promulgates specific policies regarding the use of such government purchasing cards or government credit cards, such policies shall include the following:#

1. (1)

   Designation of officials who shall be authorized to be issued such government purchasing cards or government credit cards;#

2. (2)

   A requirement that, before being issued a government purchasing card or government credit card, authorized users shall sign and accept an agreement with the county, municipal corporation, local school system, consolidated government, or constitutional officer issuing the government purchasing card or government credit card that such users will use such cards only in accordance with the policies of the issuing governmental entity or constitutional officer;#

3. (3)

   Transaction limits for the use of such cards;#

4. (4)

   A description of purchases that shall be authorized for use of such cards;#

5. (5)

   A description of purchases that shall not be authorized for use of such cards;#

6. (6)

   Designation of a government purchasing card or government credit card administrator;#

7. (7)

   A process for auditing and reviewing purchases made with such cards; and#

8. (8)

   Procedures for addressing a violation of such purchasing card or credit card policies and imposing penalties for violations, including, but not limited to, revocation of purchasing card or credit card privileges. Nothing in such procedures or any administrative action taken pursuant thereto shall preclude any other civil or criminal remedy under any other provision of law.#