O.C.G.A.

O.C.G.A. § 45-23-3 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

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.

History

(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.)

Annotations

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.

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: North Georgia Reg'l Educ. Serv. Agency v. Weaver, 527 S.E.2d 864 (Ga. 2000).
North Georgia Reg'l Educ. Serv. Agency v. Weaver, 527 S.E.2d 864 (Ga. 2000). · cites it 2× “17 See OCGA § 45-19-22 (1990) (Fair Employment Practices Act defines public employer as “any department, board, bureau, commission, authority, or other agency of the state which employs 15 or more employees within the state for each working day in each of 20 or more calendar…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.