A N A C T
RELATING TO STATE AGENCIES AND PUBLIC CORPORATION FINANCIAL INTEGRITY AND ACCOUNTABILITY
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 35-20 of the General Laws entitled "Public Corporation Financial Integrity and Accountability" is hereby amended by adding thereto the following sections:
35-20-10. Personal Use of Public Corporation Credit Cards Prohibited. -- (a) It shall be unlawful for any employee of a public corporation, as defined in section 35-20-5(4), or his or her designee, to use or permit others to use corporation issued credit cards for personal use.
(b) For purposes of this section: "Personal use" means any use the purpose of which is for personal enjoyment, private gain or advantage, or an outside endeavor not related to the business of the public corporation.
(c) Any person who violates this section shall be liable for a civil penalty equal to three times the value of the unlawful use plus an amount not to exceed ten thousand dollars ($10,000). The penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of Rhode Island by the Attorney General. If two or more persons are responsible for any violation, they shall be jointly and severally liable for the penalty. If the action is brought by the Attorney General, the moneys recovered shall be paid into the General Fund. Nothing in this section shall prevent the Attorney General from pursuing criminal charges against any person who violates this section.
35-20-11. Policies and Procedures for Credit Card Use - - Payment for Food and Beverages. -- The executive officers of any public corporation shall establish and implement policies and procedures regarding the use of corporation issued credit cards and the payment for food and beverages. The policies and procedures shall be consistent with the provisions of section 35-20-10 and the policies and procedures established by the state director of administration contained in The Procedural Handbook issued by the Department of Administration.
SECTION 2. Chapter 42-11 of the General Laws entitled "Department of Administration" is hereby amended by adding thereto the following section:
42-11-14. 2 Personal Use of State Credit Cards Prohibited. -- (a) It shall be unlawful for any employee of the state of Rhode Island, or his or her designee, to use or permit others to use state issued credit cards for personal use.
(b) For purposes of this section: "Personal use" means any use the purpose of which is for personal enjoyment, private gain or advantage, or an outside endeavor not related to the business of the State.
(c) Any person who violates this section shall be liable for a civil penalty equal to three times the value of the unlawful use plus an amount not to exceed ten thousand dollars ($10,000). The penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of Rhode Island by the Attorney General. If two or more persons are responsible for any violation, they shall be jointly and severally liable for the penalty. If the action is brought by the Attorney General, the moneys recovered shall be paid into the General Fund. Nothing in this section shall prevent the Attorney General from pursuing criminal charges against any person who violates this section.
42-11-14. 3 Policies and Procedures for Credit Card Use - - Payment for Food and Beverages. -- The Director of the Department of Administration shall establish and implement policies and procedures regarding the use of state issued credit cards and the payment for food and beverages. The policies and procedures shall be consistent with section 42-11-14.2 and shall be contained in the Procedural Handbook issued by the Department of Administration.
SECTION 3. This act shall take effect upon passage.