Mississippi Whistleblower Reward Act; create.

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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ford (54th)

HOUSE BILL NO. 1169

AN ACT TO BE KNOWN AS THE MISSISSIPPI WHISTLEBLOWER REWARD 1
ACT; TO DEFINE TERMS; TO PROVIDE A WHISTLEBLOWER WHO PROVIDES 2
ORIGINAL INFORMATION AND SUBSTANTIAL EVIDENCE OF THE THEFT OR 3
MISUSE OF GOVERNMENT FUNDS OR PROPERTY TO THE DEPARTMENT OF AUDIT 4
THAT LEADS TO THE SUCCESSFUL RECOVERY OF FUNDS BY THE DEPARTMENT 5
SHALL BE PAID FIFTEEN PERCENT OF THE PROCEEDS OF THE RECOVERY; TO 6
PROVIDE THAT SUCH AMOUNT OF THE PROCEEDS PAID TO THE WHISTLEBLOWER 7
SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS; TO PROVIDE 8
HOW THE POTENTIAL REWARD SHALL BE RECOVERED; TO PROVIDE THAT THE 9
COST INCURRED BY THE DEPARTMENT WITH ANY VENDOR WHOSE SERVICES 10
WERE DEEMED NECESSARY BY THE DEPARTMENT TO FULLY INVESTIGATE SHALL 11
ALSO BE RECOVERED; TO PROVIDE THAT THE IDENTITY OF THE 12
WHISTLEBLOWER SHALL REMAIN CONFIDENTIAL EXCEPT IN CERTAIN 13
SITUATIONS; TO PROVIDE THAT COMMUNICATIONS BETWEEN THE DEPARTMENT 14
AND THE WHISTLEBLOWER SHALL BE EXEMPT FROM THE MISSISSIPPI PUBLIC 15
RECORDS ACT; TO AMEND SECTION 25-61-12, MISSISSIPPI CODE OF 1972, 16
TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD 17
SECTIONS 25-9-171 THROUGH 25-9-177, FOR THE PURPOSE OF POSSIBLE 18
AMENDMENT; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. (1) This section shall be known and may be cited 21
as the "Mississippi Whistleblower Reward Act". 22
(2) As used in this section, the following words have the 23
meaning as defined in this subsection, unless the context clearly 24
indicates otherwise: 25
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(a) "Department" means the Mississippi Department of 26
Audit. 27
(b) "Original information" means allegations not 28
previously known by the Department of Audit and unlikely to have 29
been discovered without disclosure by a whistleblower. 30
(c) "Substantial evidence" means personal knowledge and 31
supporting documentation beyond a mere allegation. 32
(d) "Successful recovery of funds" means an action 33
taken by the Department of Audit that leads to the recovery of 34
public funds. 35
(e) "Whistleblower" means one (1) or more persons who: 36
(i) Provide original information and substantial 37
evidence that leads to a successful recovery of funds; 38
(ii) Cooperate continuously according to policies 39
promulgated by the Department of Audit; 40
(iii) Have not knowingly participated in the 41
fraud; 42
(iv) Are not employees of the Department of Audit 43
at the time the fraud was discovered or reported; and 44
(v) Are not the elected officials or supervisors 45
in charge of the department where the fraud is discovered. State, 46
county and municipal officials shall not be included in the 47
definition of "whistleblower". 48
(3) (a) When a whistleblower provides original information 49
and substantial evidence of the theft or misuse of government 50
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funds or property to the department, and that evidence leads to 51
the successful recovery of funds by the department, then the State 52
of Mississippi, through the department, shall pay such 53
whistleblower fifteen percent (15%) of the proceeds of the 54
recovery; however, such payment shall not exceed Two Hundred Fifty 55
Thousand Dollars ($250,000.00). 56
(b) If two (2) or more persons together act as 57
whistleblowers, the fifteen percent (15%) reward shall be 58
disbursed in equal, pro rata shares. In no event shall the reward 59
paid to any such person or group of persons in relation to any 60
recovery exceed fifteen percent (15%) of the proceeds or Two 61
Hundred Fifty Thousand Dollars ($250,000.00) of such 62
recovery. 63
(c) The reward shall be recovered in the following 64
manner: 65
(i) From the person or persons liable for such 66
amounts and upon the surety on official bond thereof; and/or 67
(ii) From any individual, partnership, corporation 68
or association to whom the illegal expenditure was made or with 69
whom the unlawful disposition of public property was made, if such 70
individual, partnership, corporation or association knew or had 71
reason to know through the exercising of reasonable diligence that 72
the expenditure was illegal or the disposition unlawful, as 73
provided in Section 7-7-211(g). 74
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(d) Additionally, there shall be recovered in all 75
cases, in the same manner, from the parties listed above, the cost 76
incurred by the department with any vendor whose services were 77
deemed necessary by the department to fully investigate any theft 78
or misuse of government funds or property, regardless of 79
whether a reward is payable to a whistleblower. 80
(e) If, after an investigation by the department, the 81
entity against which the theft or misuse of government funds or 82
property was committed is repaid directly by the employee, surety 83
bond, insurance policy, or other payor, that entity shall return 84
fifteen percent (15%) of the funds, which shall not be more than 85
Two Hundred Fifty Thousand Dollars ($250,000.00), to the 86
Mississippi Department of Audit Exception Clearing Account, the 87
whistleblower shall be paid from such account. 88
(4) (a) The identity of a whistleblower shall remain 89
confidential and not admissible in a court of law, unless: 90
(i) A judge determines after an in-camera review 91
that such information is necessary for a criminal defendant to 92
receive a fair trial; 93
(ii) A judge determines such information contains 94
evidence that is exculpatory to a criminal defendant; or 95
(iii) The state or federal constitution requires 96
the disclosure of the whistleblower's identity. 97
(b) Communications between the department and a 98
whistleblower, including documents or tangible items provided or 99
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exchanged, are exempt confidential investigative reports for 100
purposes of the Mississippi Public Records Act. 101
(5) This section shall only apply to whistleblowers who 102
submit evidence to the department after the effective date of this 103
act. The section shall not retroactively apply to whistleblower 104
information received before the effective date. 105
(6) The reward provided for in this section shall be in 106
addition to any remedy provided under Sections 25-9-173 through 107
25-9-177 for reprisal or retaliatory action, if the whistle blower 108
is entitled to such remedy by law. 109
SECTION 2. Section 25-61-12, Mississippi Code of 1972, is 110
amended as follows: 111
25-61-12. (1) The home address, any telephone number of a 112
privately paid account or other private information of any law 113
enforcement officer, criminal investigator, judge or district 114
attorney, or the spouse or child of the law enforcement officer, 115
criminal investigator, judge or district attorney, shall be exempt 116
from the Mississippi Public Records Act of 1983. This exemption 117
does not apply to any court transcript or recording if given under 118
oath and not otherwise excluded by law. 119
(2) (a) When in the possession of a law enforcement agency, 120
investigative reports shall be exempt from the provisions of this 121
chapter; however, a law enforcement agency, in its discretion, may 122
choose to make public all or any part of any investigative report. 123
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(b) Nothing in this chapter shall be construed to 124
prevent any and all public bodies from having among themselves a 125
free flow of information for the purpose of achieving a 126
coordinated and effective detection and investigation of unlawful 127
activity. Where the confidentiality of records covered by this 128
section is being determined in a private hearing before a judge 129
under Section 25-61-13, the public body may redact or separate 130
from the records the identity of confidential informants or the 131
identity of the person or persons under investigation or other 132
information other than the nature of the incident, time, date and 133
location. 134
(c) Nothing in this chapter shall be construed to 135
exempt from public disclosure a law enforcement incident report. 136
An incident report shall be a public record. A law enforcement 137
agency may release information in addition to the information 138
contained in the incident report. 139
(d) Nothing in this chapter shall be construed to 140
require the disclosure of information that would reveal the 141
identity of the victim. 142
(3) Personal information of victims, including victim impact 143
statements and letters of support on behalf of victims that are 144
contained in records on file with the Mississippi Department of 145
Corrections and State Parole Board, shall be exempt from the 146
provisions of this chapter. 147
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(4) Records of a public hospital board relating to the 148
purchase or sale of medical or other practices or other business 149
operations, and the recruitment of physicians and other health 150
care professionals, shall be exempt from the provisions of this 151
chapter. 152
(5) Communications between the Department of Audit and a 153
whistleblower, including documents or tangible items provided or 154
exchanged, shall be exempt from the provisions of this chapter. 155
SECTION 3. Section 25-9-171, Mississippi Code of 1972, is 156
brought forward as follows: 157
25-9-171. For purposes of Sections 25-9-171 through 158
25-9-177, the following terms shall have the meanings ascribed to 159
them herein: 160
(a) "Abuse" means acting in an arbitrary and capricious 161
manner that adversely affects the accomplishment of a function of 162
any governmental entity. 163
(b) "Governmental entity" means a board, commission, 164
department, office or other agency of the state or a political 165
subdivision of the state. 166
(c) "Employee" means any individual employed or holding 167
office in any department or agency of state or local government. 168
(d) "Improper governmental action" means any action by 169
an employee which is undertaken in the performance of the 170
employee's official duties, whether or not the action is within 171
the scope of the employee's employment: 172
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(i) Which is in violation of any federal or state 173
law or regulation, is an abuse of authority, results in 174
substantial abuse, misuse, destruction, waste, or loss of public 175
funds or public resources; or 176
(ii) Which is of substantial and specific danger 177
to the public health or safety; or 178
(iii) Which is discrimination based on race or 179
gender. 180
"Improper governmental action" does not include personnel 181
actions for which other remedies exist, including, but not limited 182
to, employee grievances, complaints, appointments, promotions, 183
transfers, assignments, reassignments, reinstatements, 184
restorations, reemployments, performance evaluations, reductions 185
in pay, dismissals, suspensions, demotions, violations of the 186
state personnel system or local personnel policies, alleged labor 187
agreement violations, reprimands, claims of discriminatory 188
treatment, or any personnel action which may be taken under 189
federal or state law. 190
(e) "Misuse" means an illegal or unauthorized use. 191
(f) "Personnel action" means an action that affects an 192
employee's promotion, demotion, transfer, work assignment or 193
performance evaluation. 194
(g) "State investigative body" shall mean the Attorney 195
General of the State of Mississippi, the State Auditor, the 196
Mississippi Ethics Commission, the Joint Legislative Committee on 197
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Performance Evaluation and Expenditure Review or any other 198
standing committee of the Legislature, or any district attorney of 199
the State of Mississippi. 200
(h) "Use of official authority or influence" includes 201
taking, directing others to take, recommending, processing or 202
approving any personnel action such as an appointment, promotion, 203
transfer, assignment, reassignment, reinstatement, restoration, 204
reemployment, performance evaluation or other disciplinary action. 205
(i) "Waste" means an unnecessary or unreasonable 206
expenditure or use. 207
(j) "Whistleblower" means an employee who in good faith 208
reports an alleged improper governmental action to a state 209
investigative body, initiating an investigation. For purposes of 210
the provisions of Sections 25-9-171 through 25-7-177, the term 211
"whistleblower" also means an employee who in good faith provides 212
information to a state investigative body, or an employee who is 213
believed to have reported alleged improper governmental action to 214
a state investigative body or to have provided information to a 215
state investigative body but who, in fact, has not reported such 216
action or provided such information. 217
SECTION 4. Section 25-9-172, Mississippi Code of 1972, is 218
brought forward as follows: 219
25-9-172. (1) Upon receipt of a signed written complaint of 220
alleged improper governmental action, a state investigative body 221
shall keep a record of the complaint and shall have the authority 222
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to investigate the complaint in accordance with its powers and 223
duties provided by the laws of the State of Mississippi. 224
(2) Each state investigative body shall develop and maintain 225
a standard form for use by the whistleblower when reporting 226
alleged improper governmental action. Such form shall require as 227
a minimum the name, address and telephone number of the 228
whistleblower, and a description of the alleged improper 229
governmental action. 230
(3) If any state investigative body receives a complaint 231
that contains allegations outside its expertise, then the state 232
investigative body may refer the complaint to another state 233
investigative body unless contrary to the laws of the State of 234
Mississippi. 235
(4) In any case to which this section applies, the identity 236
of the whistleblower shall be kept confidential unless the state 237
investigative body determines that the information has been 238
provided other than in good faith, or unless the confidentiality 239
requirement conflicts with Article 1, Chapter 4 of this title, 240
Mississippi Code of 1972. 241
SECTION 5. Section 25-9-173, Mississippi Code of 1972, is 242
brought forward as follows: 243
25-9-173. (1) No agency shall dismiss or otherwise 244
adversely affect the compensation or employment status of any 245
public employee because the public employee testified or provided 246
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information to a state investigative body whether or not the 247
testimony or information is provided under oath. 248
(2) Any person who is a whistleblower, as defined in Section 249
25-9-171, and who as a result of being a whistleblower has been 250
subjected to workplace reprisal or retaliatory action, is entitled 251
to the remedies provided under Section 25-9-175. For the purpose 252
of this section, "reprisal or retaliatory action" means, but is 253
not limited to: 254
(a) Unwarranted and unsubstantiated letters of 255
reprimand or unsatisfactory performance evaluations; 256
(b) Demotion; 257
(c) Reduction in pay; 258
(d) Denial of promotion; 259
(e) Suspension; 260
(f) Dismissal; and 261
(g) Denial of employment. 262
(3) An employee who has filed a valid whistleblower 263
complaint may not recover the damages and other remedies provided 264
under Section 25-9-175 unless the dismissal or adverse action 265
taken against him was the direct result of providing information 266
to a state investigative body. 267
(4) Nothing in this section prohibits a governmental entity 268
from making any decision exercising its authority to terminate, 269
suspend or discipline an employee who engages in workplace 270
reprisal or retaliatory action against a whistleblower. 271
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(5) A governmental entity is not precluded from taking any 272
action in accordance with established personnel policies against 273
an employee who knowingly and intentionally provides false 274
information to a state investigative body. 275
SECTION 6. Section 25-9-175, Mississippi Code of 1972, is 276
brought forward as follows: 277
25-9-175. Any agency which violates the provisions of 278
Section 25-9-173 shall be liable to the public employee for back 279
pay and reinstatement. In addition, an employee whose employment 280
is suspended or terminated or who is subjected to adverse 281
personnel action in violation of Section 25-9-173 is entitled to 282
sue for injunctive relief, compensatory damages, court costs and 283
reasonable attorney's fees; provided, however, that an employee 284
may not recover an amount that exceeds the limitations provided in 285
Section 11-46-15. Additionally, each member of any agency's 286
governing board or authority may be found individually liable for 287
a civil fine of up to Ten Thousand Dollars ($10,000.00) for each 288
violation of Section 25-9-173. In any instance where the agency 289
in violation of Section 25-9-173 has no governing board or 290
authority, the agency's executive director may be found 291
individually liable for a civil fine not to exceed Ten Thousand 292
Dollars ($10,000.00). If the court determines that any action 293
filed under this section by an employee is frivolous and 294
unwarrantable, the court may award to the employer court costs and 295
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reasonable expenses, including attorney's fees, incurred in 296
defense of actions brought by the employee under this section. 297
SECTION 7. Section 25-9-177, Mississippi Code of 1972, is 298
brought forward as follows: 299
25-9-177. Actions to recover civil fines and other remedies 300
provided for under Section 25-9-175 may be instituted in the 301
Circuit Court for the First Judicial District of Hinds County or 302
in the circuit court of the public employee's residence. In such 303
actions, the public employee shall prove by a preponderance of the 304
evidence that, but for his providing information or testimony to a 305
state investigative body prior to occurrence of the dismissal or 306
any adverse action, his dismissal or any adverse action taken 307
against him would not have occurred. Remedies provided for herein 308
shall be supplemental to any other remedies, judicial or 309
administrative, provided for under law. Any administrative 310
remedies provided for state-service employees under Sections 311
25-9-127 through 25-9-131, Mississippi Code of 1972, or any 312
remedies under a grievance or appeal process of the employing 313
governmental entity relating to suspension or termination of 314
employment or adverse personnel action, shall not be exhausted or 315
diminished as a result of any action taken by the employee under 316
Section 25-9-175 and this section, and the employee shall be 317
required to exhaust such remedies prior to instituting an action 318
authorized under Section 25-9-175 and this section. 319
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ST: Mississippi Whistleblower Reward Act;
create.
SECTION 8. This act shall take effect and be in force from 320
and after July 1, 2026. 321