2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 23 - Drug-Free Public Work Force
§ 45-23-3. Definitions

Universal Citation: GA Code § 45-23-3 (2020)

As used in this chapter, the term:

  1. "Controlled substance" means any drug, substance, or immediate precursor included in the definition of the term "controlled substance" in paragraph (4) of Code Section 16-13-21.
  2. "Convicted" or "conviction" refers to a final conviction in a court of competent jurisdiction or the acceptance of a plea of guilty.
  3. "Dangerous drug" means any drug or substance defined as such under Code Section 16-13-71.
  4. "Marijuana" means any substance described in paragraph (16) of Code Section 16-13-21.
  5. "Public employee" means any person employed on a full-time, part-time, temporary, or intermittent basis by the state, including any agency, authority, department, bureau, or instrumentality thereof, or by any entity covered under the state system of personnel administration created by Chapter 20 of this title. Such term shall also include all employees, officials, or administrators of any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof.
  6. "Public employer" means any state agency, department, board, bureau, or other instrumentality. This term also includes any agency covered under the state system of personnel administration created by Chapter 20 of this title or any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof.
  7. "Public employment" means employment by any public employer.

(Code 1981, §45-23-3, enacted by Ga. L. 1990, p. 2004, § 1; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-83/HB 642.)

Editor's notes.

- Ga. L. 2009, p. 745, § 1, purported to amend this Code section, but the amendment was inapplicable.

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

OPINIONS OF THE ATTORNEY GENERAL

"Conviction," as defined in the Drug-Free Public Work Force Act of 1990 O.C.G.A. § 45-23-1 et seq., does not include treatment under the Georgia First Offender Act, O.C.G.A. § 42-8-60 et seq., nor does it include a conviction based on a plea of nolo contendere. 1990 Op. Att'y Gen. No. 90-16.

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