---
title: HB 49. Georgia Anti-Corruption Act; enact
collection: bills
id: 2025-2026/hb49
cite_as: HB 49, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb49
md_url: https://georgiacommons.org/bills/2025-2026/hb49.md
text_url: https://georgiacommons.org/bills/2025-2026/hb49/text
source_url: https://www.legis.ga.gov/legislation/69346
date: 2025-01-16
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb49.md?full=1
bill_number: HB 49
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-14
last_action: House Second Readers
sponsors:
  - Viola Davis
  - Kim Schofield
  - Sandra Scott
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB49/2025
upstream_id: 1919173
summaries_model: claude-sonnet-5
topic_tags:
  - whistleblower protection
  - government accountability
  - public employees
  - independent contractors
  - anti-corruption
---

# HB 49. Georgia Anti-Corruption Act; enact

## Text

House Bill 49
By: Representatives Davis of the 87th, Schofield of the 63rd, and Scott of the 76th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to
general provisions regarding public officers and employees, so as to revise provisions
regarding whistleblowers; to broaden the scope of persons who may report information to
public employers; to expand the definition of the term "retaliation"; to extend the statute of
limitations regarding public employer retaliation; to provide for a misdemeanor offense for
violations; to provide for a short title; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the ''Georgia Anti-Corruption Act.''
SECTION 2.
Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general
provisions regarding public officers and employees, is amended by revising Code
Section 45-1-4, relating to complaints or information from public employees as to fraud,
waste, and abuse in state programs and operations, as follows:
"45-1-4.
(a) As used in this Code section, the term:
(1) 'Government agency' means any agency of federal, state, or local government
charged with the enforcement of laws, rules, or regulations.
(2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or
any rule or regulation adopted according to any federal, state, or local statute or
ordinance.
(3) 'Public employee' means any person who is employed by the executive, judicial, or
legislative branch of the state or by any other department, board, bureau, commission,
authority, or other agency of the state. <del>This</del> <ins>Such</ins> term also includes all employees,
officials, and administrators of any agency covered by the rules of the State Personnel
Board and any local or regional governmental entity that receives any funds from the
State of Georgia or any state agency.
(4) 'Public employer' means the executive, judicial, or legislative branch of the state; any
other department, board, bureau, commission, authority, or other agency of the state
which employs or appoints a public employee or public employees; or any local or
regional governmental entity that receives any funds from the State of Georgia or any
state agency.
(5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public
employer of <del>a</del> <ins>any person, including, but not limited to, an independent contractor or
</ins> public employee, or any other adverse <del>employment</del> action taken by a public employer
against <del>a public employee</del> <ins>any such person</ins> in the terms or conditions of employment for
disclosing a violation of or noncompliance with a law, rule, or regulation to either a
supervisor or government agency.
(6) 'Supervisor' means any individual:
(A) To whom a public employer has given authority to direct and control the work
performance of the affected <ins>independent contractor or</ins> public employee;
(B) To whom a public employer has given authority to take corrective action regarding
a violation of or noncompliance with a law, rule, or regulation of which the <ins>independent
contractor or</ins> public employee complains; or
(C) Who has been designated by a public employer to receive complaints regarding a
violation of or noncompliance with a law, rule, or regulation.
(b) A public employer may receive and investigate complaints or information from any
<ins>person, including, but not limited to, an independent contractor or</ins> public employee,
concerning the possible existence of any activity constituting fraud, waste, and abuse in or
relating to any state programs and operations under the jurisdiction of such public
employer.
(c) Notwithstanding any other law to the contrary, such public employer shall not after
receipt of a complaint or information from <del>a</del> <ins>any person, including, but not limited to, an
independent contractor or</ins> public employee, disclose the identity of the <del>public employee
</del> <ins>person</ins> without the written consent of such <del>public employee</del> <ins>person,</ins> unless the public
employer determines such disclosure is necessary and unavoidable during the course of the
investigation. In such event, the <del>public employee</del> <ins>person</ins> shall be notified in writing at least
seven days prior to such disclosure.
(d)(1) No public employer shall make, adopt, or enforce any policy or practice
preventing <del>a</del> <ins>any person, including, but not limited to, an independent contractor or</ins> public
employee, from disclosing a violation of or noncompliance with a law, rule, or regulation
<ins>or any other duty or requirement</ins> to either a supervisor or a government agency, <ins>as
applicable.
</ins> (2) No public employer shall retaliate against <del>a</del> <ins>any person, including, but not limited to,
an independent contractor or</ins> public employee, for disclosing a violation of or
noncompliance with a law, rule, or regulation to either a supervisor or a government
agency, unless the disclosure was made with knowledge that the disclosure was false or
with reckless disregard for its truth or falsity.
(3) No public employer shall retaliate against <del>a</del> <ins>any person, including, but not limited to,
an independent contractor or</ins> public employee, for objecting to, or refusing to participate
in, any activity, policy, or practice of the public employer that the <del>public employee
</del> <ins>person</ins> has reasonable cause to believe is in violation of or noncompliance with a law,
rule, or regulation.
(4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices
which implement, or to actions by public employers against <ins>independent contractors or
</ins> public employees who violate, privilege or confidentiality obligations recognized by
constitutional, statutory, or common law.
(e)(1)(A) <ins>Any person, including, but not limited to, an independent contractor or</ins> <del>A
</del> public employee, who has been the object of retaliation in violation of this Code section
may institute a civil action in superior court for relief as set forth in paragraph (2) of
this subsection <del>within one year</del> after discovering the retaliation <del>or within three years
after the retaliation, whichever is earlier.
</del> <ins>(B) In such civil action, no public employer shall have the availability of any
justification or excuse for any retaliation, except as provided for in this Code section.
</ins> (2) In any action brought pursuant to this subsection, the court may order any or all of
the following relief:
(A) An injunction restraining continued violation of this Code section;
(B) Reinstatement of the <ins>independent contractor or public</ins> employee to the same
position held before the retaliation or to an equivalent position;
(C) Reinstatement of full fringe benefits and seniority rights;
(D) Compensation for lost wages, benefits, and other remuneration; and
(E) Any other compensatory damages allowable at law.
(f) A court may award reasonable attorney's fees, court costs, and expenses to a prevailing
<ins>person, including, but not limited to, an independent contractor or</ins> public employee.
<ins>(g) Any agent of a public employer who violates subsection (d) of this Code section shall
be guilty of a misdemeanor."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 49 would expand Georgia's public employee whistleblower law to cover independent contractors, broaden what counts as retaliation, lengthen the time to sue, and make retaliation a misdemeanor.

### Plain-language summary

Georgia law already protects public employees who report fraud, waste, or abuse from being fired, demoted, or otherwise punished by their government employer. House Bill 49, called the Georgia Anti-Corruption Act, rewrites that law (O.C.G.A. § 45-1-4) to extend the same protections to independent contractors working for public employers, not just employees.
The bill widens the definition of retaliation to cover any adverse action, not just adverse employment actions, and removes language limiting protection to public employees alone. It eliminates the current one-year deadline (or three years from the retaliatory act, whichever is earlier) for filing a lawsuit, instead allowing a suit any time after discovering the retaliation. It also bars public employers from raising any justification or excuse for retaliation in court, except what the law itself allows, and it creates a new misdemeanor charge for any agent of a public employer who violates the anti-retaliation rules.

### What it does

- Extends whistleblower protections currently limited to public employees to also cover independent contractors working for public employers.
- Broadens the definition of retaliation to include any adverse action by a public employer, not just adverse employment actions.
- Removes the current one-year (or three-year) statute of limitations for retaliation lawsuits, letting suits proceed any time after the retaliation is discovered.
- Bars public employers from offering any justification or excuse for retaliation in a lawsuit except what the law specifically allows.
- Creates a new misdemeanor criminal offense for any agent of a public employer who violates the law's anti-retaliation and anti-gag-policy rules.
- Expands protection to cover disclosures of violations of 'any other duty or requirement,' not just laws, rules, or regulations.

### Who it affects

Public employees and, newly, independent contractors who work for state agencies, courts, the legislature, or local and regional government entities that receive state funding. It also affects public employers and their supervisors and agents, who face expanded liability and a new misdemeanor penalty for retaliatory conduct.

### Why it matters

People who report government fraud, waste, or abuse, including contractors who currently have no protection under this law, would gain legal cover against retaliation. Removing the filing deadline means old retaliation claims could still be brought, and the new misdemeanor charge adds personal criminal risk for officials who violate the law.

### Key provisions

- Section 1 names the bill the 'Georgia Anti-Corruption Act.'
- Section 2 rewrites O.C.G.A. § 45-1-4, extending whistleblower protections to 'any person, including, but not limited to, an independent contractor' rather than only public employees.
- Subsection (a)(5) broadens 'retaliate' or 'retaliation' to include any adverse action by a public employer, removing the word 'employment' from the prior narrower definition.
- Subsection (e)(1)(A) removes the prior one-year or three-year statute of limitations, allowing suits to be filed any time after the retaliation is discovered.
- New subsection (e)(1)(B) bars public employers from asserting any justification or excuse for retaliation in court except as the Code section provides.
- New subsection (g) makes it a misdemeanor for any agent of a public employer to violate the law's ban on retaliation or gag policies.
- Section 3 repeals all conflicting laws.

## Status

- Status: Introduced (2025-01-14)
- Last action: House Second Readers (2025-01-16)
- Sponsors: Viola Davis, Kim Schofield, Sandra Scott
- Official page: https://www.legis.ga.gov/legislation/69346

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb49.md?full=1