Georgia 2025-2026 Regular Session

Georgia House Bill HB49 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 47 3155
2	2	House Bill 49
3	3	By: Representatives Davis of the 87
4	4	th
5	5	, Schofield of the 63
6	6	rd
7	7	, and Scott of the 76
8	8	th
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to
13	13	1
14	14	general provisions regarding public officers and employees, so as to revise provisions2
15	15	regarding whistleblowers; to broaden the scope of persons who may report information to3
16	16	public employers; to expand the definition of the term "retaliation"; to extend the statute of4
17	17	limitations regarding public employer retaliation; to provide for a misdemeanor offense for5
18	18	violations; to provide for a short title; to provide for related matters; to repeal conflicting6
19	19	laws; and for other purposes.7
20	20	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
21	21	SECTION 1.9
22	22	This Act shall be known and may be cited as the ''Georgia Anti-Corruption Act.''10
23	23	SECTION 2.11
24	24	Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general12
25	25	provisions regarding public officers and employees, is amended by revising Code13
26	26	Section 45-1-4, relating to complaints or information from public employees as to fraud,14
27	27	waste, and abuse in state programs and operations, as follows:15
28	28	H. B. 49
29	29	- 1 - 25 LC 47 3155
30	30	"45-1-4.
31	31	16
32	32	(a) As used in this Code section, the term:17
33	33	(1) 'Government agency' means any agency of federal, state, or local government18
34	34	charged with the enforcement of laws, rules, or regulations.19
35	35	(2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or20
36	36	any rule or regulation adopted according to any federal, state, or local statute or21
37	37	ordinance.22
38	38	(3) 'Public employee' means any person who is employed by the executive, judicial, or23
39	39	legislative branch of the state or by any other department, board, bureau, commission,24
40	40	authority, or other agency of the state. This
41	41	Such term also includes all employees,25
42	42	officials, and administrators of any agency covered by the rules of the State Personnel26
43	43	Board and any local or regional governmental entity that receives any funds from the27
44	44	State of Georgia or any state agency.28
45	45	(4) 'Public employer' means the executive, judicial, or legislative branch of the state; any29
46	46	other department, board, bureau, commission, authority, or other agency of the state30
47	47	which employs or appoints a public employee or public employees; or any local or31
48	48	regional governmental entity that receives any funds from the State of Georgia or any32
49	49	state agency.33
50	50	(5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public34
51	51	employer of a any person, including, but not limited to, an independent contractor or35
52	52	public employee, or any other adverse employment action taken by a public employer36
53	53	against a public employee any such person in the terms or conditions of employment for37
54	54	disclosing a violation of or noncompliance with a law, rule, or regulation to either a38
55	55	supervisor or government agency.39
56	56	(6) 'Supervisor' means any individual:40
57	57	(A) To whom a public employer has given authority to direct and control the work41
58	58	performance of the affected independent contractor or public employee;42
59	59	H. B. 49
60	60	- 2 - 25 LC 47 3155
61	61	(B) To whom a public employer has given authority to take corrective action regarding
62	62	43
63	63	a violation of or noncompliance with a law, rule, or regulation of which the independent
64	64	44
65	65	contractor or public employee complains; or45
66	66	(C) Who has been designated by a public employer to receive complaints regarding a46
67	67	violation of or noncompliance with a law, rule, or regulation.47
68	68	(b) A public employer may receive and investigate complaints or information from any48
69	69	person, including, but not limited to, an independent contractor or public employee,49
70	70	concerning the possible existence of any activity constituting fraud, waste, and abuse in or50
71	71	relating to any state programs and operations under the jurisdiction of such public51
72	72	employer.52
73	73	(c) Notwithstanding any other law to the contrary, such public employer shall not after53
74	74	receipt of a complaint or information from a any person, including, but not limited to, an54
75	75	independent contractor or public employee, disclose the identity of the public employee55
76	76	person without the written consent of such public employee person, unless the public56
77	77	employer determines such disclosure is necessary and unavoidable during the course of the57
78	78	investigation. In such event, the public employee person shall be notified in writing at least58
79	79	seven days prior to such disclosure.59
80	80	(d)(1) No public employer shall make, adopt, or enforce any policy or practice60
81	81	preventing a any person, including, but not limited to, an independent contractor or public61
82	82	employee, from disclosing a violation of or noncompliance with a law, rule, or regulation62
83	83	or any other duty or requirement to either a supervisor or a government agency, as63
84	84	applicable.64
85	85	(2) No public employer shall retaliate against a any person, including, but not limited to,65
86	86	an independent contractor or public employee, for disclosing a violation of or66
87	87	noncompliance with a law, rule, or regulation to either a supervisor or a government67
88	88	agency, unless the disclosure was made with knowledge that the disclosure was false or68
89	89	with reckless disregard for its truth or falsity.69
90	90	H. B. 49
91	91	- 3 - 25 LC 47 3155
92	92	(3) No public employer shall retaliate against a any person, including, but not limited to,70
93	93	an independent contractor or public employee, for objecting to, or refusing to participate71
94	94	in, any activity, policy, or practice of the public employer that the public employee72
95	95	person has reasonable cause to believe is in violation of or noncompliance with a law,73
96	96	rule, or regulation.74
97	97	(4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices75
98	98	which implement, or to actions by public employers against independent contractors or76
99	99	public employees who violate, privilege or confidentiality obligations recognized by77
100	100	constitutional, statutory, or common law.78
101	101	(e)(1)(A) Any person, including, but not limited to, an independent contractor or A79
102	102	public employee, who has been the object of retaliation in violation of this Code section80
103	103	may institute a civil action in superior court for relief as set forth in paragraph (2) of81
104	104	this subsection within one year after discovering the retaliation or within three years82
105	105	after the retaliation, whichever is earlier.83
106	106	(B) In such civil action, no public employer shall have the availability of any84
107	107	justification or excuse for any retaliation, except as provided for in this Code section.85
108	108	(2) In any action brought pursuant to this subsection, the court may order any or all of86
109	109	the following relief:87
110	110	(A) An injunction restraining continued violation of this Code section;88
111	111	(B) Reinstatement of the independent contractor or public employee to the same89
112	112	position held before the retaliation or to an equivalent position;90
113	113	(C) Reinstatement of full fringe benefits and seniority rights;91
114	114	(D) Compensation for lost wages, benefits, and other remuneration; and92
115	115	(E) Any other compensatory damages allowable at law.93
116	116	(f) A court may award reasonable attorney's fees, court costs, and expenses to a prevailing94
117	117	person, including, but not limited to, an independent contractor or public employee.95
118	118	H. B. 49
119	119	- 4 - 25 LC 47 3155
120	120	(g) Any agent of a public employer who violates subsection (d) of this Code section shall96
121	121	be guilty of a misdemeanor."97
122	122	SECTION 3.98
123	123	All laws and parts of laws in conflict with this Act are repealed.99
124	124	H. B. 49
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