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An effort to crack down on elected officials’ abuse of government charge cards has stalled in the state Senate amid concerns that the legislation was overly broad.
Georgia prosecutors had supported the legislation as a way to safeguard taxpayers’ money and possibly bring felony charges against officials who use their government charge cards for personal purchases.
But a committee chairman, Sen. John Albers, R-Roswell, said Monday the bill is “definitely not moving forward” this year.
“I want to make sure we’re not force-feeding everyone with cough drops when only one or two people have a cough,” said Albers, the chairman of the Senate Local and State Governmental Operations Committee. “I’m concerned we’re reacting to one or two situations and changing laws for everyone.”
DeKalb District Attorney Robert James has said a stronger state law would allow him to pursue charges against those who misuse their county purchasing cards, known as P-cards, which are debit cards that draw funds from local government budgets.
The FBI and federal prosecutors handled the case against former DeKalb Commissioner Elaine Boyer, who was sentenced last week to serve 14 months in prison for defrauding taxpayers of more than $100,000. The Atlanta Journal-Constitution identified $16,800 in personal expenses on Boyer’s P-card, and she also illegally funneled about $80,000 to a fake legislative consultant in a kickback scheme.
No other DeKalb officials have faced charges for P-card spending on personal cellphone bills, gift cards, Amazon purchases and steakhouse dinners.
The FBI has continued to investigate after it subpoenaed thousands of documents last summer associated with charge cards issued to county commissioners and employees.
“The question by the layperson is, ‘Well, why don’t they go charge them tomorrow?’” James told state legislators representing DeKalb earlier this month. “The reason is because of the gaps in the statute.”
The legislation, House Bill 192, originally would have banned P-cards, but lawmakers changed the measure last month to allow elected officials to use charge cards if county commissions, city councils and school boards vote on a policy that includes transaction limits, an auditing process and a description of purchases that are allowed and prohibited.
James and the Prosecuting Attorneys’ Council of Georgia were seeking a proposed amendment to the bill so that prosecutors could bring felony charges regardless of where the illegal purchases were made. Currently, theft charges must be brought in the city where the purchases took place.
“If they’re going to steal from the government by using cards in this manner, they should be punished for it,” said Chuck Spahos, executive director for the Prosecuting Attorneys’ Council of Georgia.
Rep. Alan Powell, who sponsored the legislation, said lawmakers overwhelmingly support it. He said he’s heard reports of P-card abuse not just in DeKalb, but elsewhere in the metro Atlanta and rural parts of the state. The bill passed the House of Representatives on a 167-2 vote March 3.
“Local elected officials are taking advantage of the system,” said Powell, R-Hartwell. “We want to send the message that you don’t use P-cards for personal purchases.”
An October audit of DeKalb commissioners’ P-card use found lax oversight of their spending on a variety of items: plane flights, rental cars, restaurant dining and a home computer. The audit listed $257,170 in P-card spending by commissioners and their staff since 2006.
Powell said he hopes the bill can be revived if enough senators support it.
Albers said it’s late in this year’s legislative session, which ends April 2, to be substantially amending bills. He said he’ll study the issue this summer and fall.
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