reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 20 - PERSONNEL ADMINISTRATION (§§ 45-20-1 — 45-20-111) › Article 6 - DRUG TESTING FOR STATE EMPLOYMENT (§§ 45-20-110 — 45-20-111) › Section 45-20-110 - Definitions

As used in this article, the term:
(1)
"Applicant" means a candidate who is offered public employment with any agency, department, commission, bureau, board, college, university, institution, or authority of any branch of state government or who has commenced employment but has not submitted to an established test for illegal drugs.
(2)
"Established test" means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended).
(3)
"Illegal drug" means marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates, opioids, opioid analgesics, opioid derivatives, or phencyclidine (PCP). Such term shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law.
(4)
"Job" means a defined set of key responsibilities and performance standards encompassing one or more positions sufficiently similar in responsibilities and performance standards to be grouped together.
(5)
"Medical review officer" means a properly licensed physician who reviews and interprets results of drug testings and evaluates those results together with medical history or any other relevant biomedical information to confirm positive and negative results.
(6)
"Position" means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.
Amended by 2018 Ga. Laws 329,§ 1, eff. 7/1/2018.
Amended by 2012 Ga. Laws 630,§ 1-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 20 - PERSONNEL ADMINISTRATION (§§ 45-20-1 — 45-20-111) › Article 6 - DRUG TESTING FOR STATE EMPLOYMENT (§§ 45-20-110 — 45-20-111) › Section 45-20-111 - Analysis of positions warranting established test; testing requirements, cost, and procedure; disqualification from employment for refusing test or showing positive results

(a)
The head of each agency, department, commission, bureau, board, college, university, institution, or authority shall ensure an analysis is completed on all jobs in his or her organization to determine those positions whose duties and responsibilities warrant conducting an established test for illegal drugs in accordance with the provisions of this Code section. The analysis must be completed by July 1, 1995. All jobs established after this date must undergo a similar analysis no later than six weeks after establishment. An applicant for a designated position shall undergo a drug test consistent with these provisions.
(b)
An applicant for state employment who is offered employment in a position designated by the head of the agency, department, commission, bureau, board, college, university, institution, or authority as requiring a drug test shall, prior to commencing employment or within ten days after commencing employment, submit to an established test for illegal drugs. All costs of such testing shall be paid from public funds by the employing agency or unit of state government. Any such test which indicates the presence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If the results of the confirmatory test indicate the presence of illegal drugs, such results shall be reviewed and interpreted by a medical review officer to determine if there is an alternative medical explanation. If the applicant provides appropriate documentation and the medical review officer determines that it was a legitimate usage of the substance, the result shall be reported as negative. Any applicant who fails to provide an alternative medical explanation shall be reported by the medical review officer as having a positive test result. Any applicant offered employment who refuses to submit to an established test for illegal drugs or whose test results are positive shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later. The board shall develop rules for the administration of the test and any verification procedures. Other covered units of state government shall also develop rules governing these procedures. The results of such tests shall remain confidential and shall not be a public record unless necessary for the administration of these provisions or otherwise mandated by other state or federal law.
Amended by 2012 Ga. Laws 630,§ 1-1, eff. 7/1/2012.
Amended by 2008 Ga. Laws 557,§ 20, eff. 5/12/2008.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 21 - EMPLOYEES' MERITORIOUS AWARD PROGRAMS AND INCENTIVE COMPENSATION PLANS (§§ 45-21-1 — 45-21-9) › Section 45-21-1 - Definitions

As used in this chapter, the term:
(1)
"Agency" means any agency as defined in Code Section
45-20-2
, any authority, or any public corporation, but shall not include the board of regents and units of the University System of Georgia.
(2)
"Appointing authority" means a person or group of persons authorized by law or delegated authority to make appointments to fill employee positions in the legislative, judicial, or executive branch of state government.
(3)
"Board" means the State Personnel Board.
(4)
"Commissioner" means the commissioner of administrative services or his or her designee.
(5)
"Goal based plan" means a plan developed by the board or other appointing authority under subsection (d) of Code Section
45-21-2
designed to measure performance against business objectives or performance targets.
(6)
"Incentive compensation plan" means a plan developed by the board under Chapter 20 of this title and subsection (c) of Code Section
45-21-2
or other appointing authority under subsection (c) of Code Section
45-21-2
.
(7)
"Incentive payment" means a one-time lump sum payment or a predetermined quarterly payment that does not become a part of base salary.
(8)
"Meritorious award program" means a program developed by the board or other appointing authority under subsection (b) of Code Section
45-21-2
.
Amended by 2012 Ga. Laws 630,§ 2-82, eff. 7/1/2012.
Amended by 2006 Ga. Laws 753,§ 1, eff. 5/3/2006.
Amended by 2001 Ga. Laws 213, § 1, eff. 4/26/2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 21 - EMPLOYEES' MERITORIOUS AWARD PROGRAMS AND INCENTIVE COMPENSATION PLANS (§§ 45-21-1 — 45-21-9) › Section 45-21-3 - Preparation of rules

(a)
With the approval of the board, the commissioner shall prepare rules necessary and appropriate for the proper administration of meritorious award programs, incentive compensation plans, and goal based compensation plans including rules governing the:
(1)
Operation of the meritorious awards programs, incentive compensation plans and goal based compensation plans;
(2)
Eligibility of employees to participate in the programs and plans;
(3)
Documentation of goal based plan criteria and evaluation metrics;
(4)
Method and schedule of incentive payment;
(5)
Type of suggestions or extraordinary service;
(6)
Method of submission of nominations or applications;
(7)
Procedure for review and approval;
(8)
Procedure for verifying qualification; and
(9)
Procedure for determining awards amounts.
(b)
The rules for meritorious awards for extraordinary service under paragraph (1) of subsection (b) of Code Section
45-21-2
shall provide for evaluation and award by the appointing authority. The rules for meritorious awards for suggestions and ideas shall comply with Code Sections
45-21-4
through
45-21-8
.
(c)
The commissioner shall submit the rules or any amendments thereto to the Governor. Such rules or amendments shall become effective when approved by the Governor or 15 days after they are submitted, if the Governor has not rejected them prior to that time.
(d)
For appointing authorities of agencies subject to the rules of the board, meritorious awards programs, incentive compensation plans, and goal based plans shall become effective upon certification of an agency's program or plan by the commissioner and upon certification by the director of the Office of Planning and Budget that funding is available.
Amended by 2006 Ga. Laws 753,§ 1, eff. 5/3/2006.
Amended by 2001 Ga. Laws 213, § 1, eff. 4/26/2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 21 - EMPLOYEES' MERITORIOUS AWARD PROGRAMS AND INCENTIVE COMPENSATION PLANS (§§ 45-21-1 — 45-21-9) › Section 45-21-4 - Employment of staff

Subject to Article 1 of Chapter 20 of this title, the commissioner shall employ the necessary staff required to carry out this chapter.
Amended by 2006 Ga. Laws 753,§ 1, eff. 5/3/2006.
Amended by 2001 Ga. Laws 213, § 1, eff. 4/26/2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 21 - EMPLOYEES' MERITORIOUS AWARD PROGRAMS AND INCENTIVE COMPENSATION PLANS (§§ 45-21-1 — 45-21-9) › Section 45-21-5 - Creation of agency committees; agency committees to review suggestions and report to commissioner

Under meritorious award programs for suggestions and ideas, each agency head shall appoint a committee to be composed of not more than three members selected from the officers and employees of the agency to review suggestions submitted which pertain to the operations of that agency. The agency committee shall, within 45 days of receipt, report to the commissioner on all suggestions submitted to it pursuant to this chapter. Such report shall contain an estimate of the value of projected annual savings to be generated by a suggestion and a statement concerning the appointing authority's plan with reference to adopting them.
Amended by 2006 Ga. Laws 753,§ 1, eff. 5/3/2006.
Amended by 2001 Ga. Laws 213, § 1, eff. 4/26/2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 21 - EMPLOYEES' MERITORIOUS AWARD PROGRAMS AND INCENTIVE COMPENSATION PLANS (§§ 45-21-1 — 45-21-9) › Section 45-21-6 - Further investigation of suggestions or ideas by commissioner; report of findings and recommendations; board to make final determination

The commissioner shall make any further investigation deemed appropriate with respect to any suggestion or idea whether or not reported by the appointing authorities and shall report his or her findings and recommendations to the board. Subject to any rules adopted under this chapter, the board shall make the final determination as to what action will be taken on awards for employee suggestions or ideas including what, if anything, shall be awarded to an employee.
Amended by 2006 Ga. Laws 753,§ 1, eff. 5/3/2006.
Amended by 2001 Ga. Laws 213, § 1, eff. 4/26/2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 21 - EMPLOYEES' MERITORIOUS AWARD PROGRAMS AND INCENTIVE COMPENSATION PLANS (§§ 45-21-1 — 45-21-9) › Section 45-21-7 - Awards to employees

(a)
(1)
Cash awards for suggestions or ideas submitted by an employee, implemented by an agency, and approved by the board which result in direct measurable cash savings or cost avoidance shall be paid to such employee in an amount equal to up to 10 percent of the first year's estimated net material and labor savings. The award shall be paid by the agency or agencies adopting the suggestion and shall be made within the fiscal year the suggestion or idea is authorized for payment. Cash awards shall be for not less than $10.00 and for not more than $5,000.00 regardless of the number of agencies adopting the suggestion.
(2)
Suggestions involving improvements in working conditions; changes in procedures; revision of forms; improvement in employee morale, health, or safety; or related improvements for which the monetary value cannot be determined shall be eligible for award certificates or cash awards based on intangible savings.
(3)
The board shall establish a method of evaluating such suggestions. Cash awards for suggestions involving intangible savings shall not exceed $100.00.
(b)
In recognition of achievements under meritorious award programs, incentive compensation plans, goal based plans, or other employee achievement, the board and other appointing authorities may award:
(1)
Certificates of merit;
(2)
Certificates acknowledging period of service; or
(3)
Pins, buttons, or other emblems.
Amended by 2006 Ga. Laws 753,§ 1, eff. 5/3/2006.
Amended by 2001 Ga. Laws 213, § 1, eff. 4/26/2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 21 - EMPLOYEES' MERITORIOUS AWARD PROGRAMS AND INCENTIVE COMPENSATION PLANS (§§ 45-21-1 — 45-21-9) › Section 45-21-8 - Costs to be borne by board and appointing authorities

The board shall bear the costs of administration and of the certificates and emblems which it awards and appointing authorities shall bear the costs of administration and of the certificates, emblems, and meritorious awards and payments which they award.
Amended by 2006 Ga. Laws 753,§ 1, eff. 5/3/2006.
Amended by 2001 Ga. Laws 213, § 1, eff. 4/26/2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 21 - EMPLOYEES' MERITORIOUS AWARD PROGRAMS AND INCENTIVE COMPENSATION PLANS (§§ 45-21-1 — 45-21-9) › Section 45-21-9 - Incentive payments not to be included in calculation of retirement benefits

(a)
The following incentive payments shall not be included in earnable compensation in determining retirement benefits under Chapters 2 and 3 of Title 47:
(1)
Payments under a meritorious award program;
(2)
Recruitment payments under an incentive compensation plan;
(3)
Payments for learning new, critically needed employment skills; or
(4)
Payments made under a goal based plan.
However, these incentive payments shall be included as salary in the pay period granted and shall be subject to employee withholding taxes in that pay period. If state or federal law otherwise requires an incentive payment to be included in salary for computing a benefit, the incentive shall be deemed to have been paid, for such purpose only, annualized in equal installments prospectively over the following 12 months.
(b)
Incentive payments consisting of lump sum payments for surpassing performance expectations under subparagraph (c)(1)(C) of Code Section
45-21-2
under employee incentive compensation plans will be included in calculating earnable compensation in determining retirement benefits under Chapters 2 and 3 of Title 47.
When an incentive payment will be included in salary for computing retirement benefits, the incentive shall be deemed to have been paid, for such purpose only, annualized in equal installments prospectively over the following 12 months. These incentive payments shall be included as salary in the pay period granted and shall be subject to employee withholding taxes in that pay period. If state or federal law otherwise requires an incentive payment to be included in salary for computing a benefit, the incentive shall be deemed to have been paid, for such purpose only, annualized in equal installments prospectively over the following 12 months.
(c)
Incentive payments made under a goal based plan are not prohibited by Code Sections
47-2-32
and
47-3-27
.
Amended by 2006 Ga. Laws 753,§ 1, eff. 5/3/2006.
Added by 2001 Ga. Laws 213, § 1, eff. 4/26/2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 22 - PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW (§§ 45-22-1 — 45-22-12) › Section 45-22-1 - Short title

This chapter shall be known and may be cited as the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988."
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 22 - PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW (§§ 45-22-1 — 45-22-12) › Section 45-22-3 - Labeling requirements

All hazardous chemicals introduced into the workplace by employers and used in the workplace by employees shall be in labeled containers that meet the requirements of the Occupational Safety and Health Administration standard; provided, however, that employers shall not be required to label portable containers into which hazardous chemicals are transferred from labeled containers provided that the portable container and the hazardous chemical transferred to it are intended only for the immediate use of an employee who performs the transfer or who is present at the time of such transfer.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 22 - PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW (§§ 45-22-1 — 45-22-12) › Section 45-22-4 - Responsibility of public contractors who introduce hazardous materials into workplace

A public contractor who introduces hazardous materials into the workplace shall agree, and include a statement, in all bids, agreements, contracts, or other instruments to the effect that such contractor shall be responsible for compliance with the provisions of this chapter for persons employed by such contractor utilized under such contract. Any such public contractor who introduces hazardous chemicals into the workplace shall provide safety data sheets for such chemicals to all employees using such hazardous chemicals and instruction in handling, emergency procedures, and disposal prior to introducing such hazardous chemicals. This Code section shall not be construed to place responsibility on any person, firm, or corporation other than public contractors.
Amended by 2024 Ga. Laws 614,§ 17, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 22 - PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW (§§ 45-22-1 — 45-22-12) › Section 45-22-6 - Rules and regulations; consultation

(a)
The department shall promulgate such rules and regulations as may be necessary to administer this chapter.
(b)
The department shall consult with persons knowledgeable in the field of hazardous chemicals to assist the department in carrying out its duties under this chapter.
Amended by 2015 Ga. Laws 137,§ 3, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 22 - PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW (§§ 45-22-1 — 45-22-12) › Section 45-22-8 - Information and training standards

(a)
Each employer shall be required to comply with the minimum information standards set forth in this subsection. Each employee shall be informed of:
(1)
The requirements of this Code section;
(2)
What a safety data sheet is and the contents of the safety data sheet for any hazardous chemical to which he or she is exposed, or equivalent information, either in written form or through training programs;
(3)
Any operations in his or her work area where hazardous chemicals are present;
(4)
The location and availability of training programs;
(5)
His or her right to receive information regarding hazardous chemicals to which he or she may be exposed;
(6)
His or her right for his or her physician to receive information regarding hazardous chemicals to which the employee may be exposed; and
(7)
His or her right against discharge or other discrimination due to the employee's exercise of the rights provided by this chapter.
(b)
In addition to providing the information required by subsection (a) of this Code section, each employer shall be required to provide a training program for all employees who are exposed to hazardous chemicals in the normal course of their employment. When training employees who are exposed to hazardous chemicals, the employer shall explain any physical or health hazards associated with the use of the chemical or mixture; proper precautions for handling, necessary personal protective equipment, or other safety precautions necessary to prevent or minimize exposure to the hazardous chemical; methods of observation that may be used to detect the presence or release of a hazardous chemical in a work area, including, but not limited to, spot check monitoring, continuous monitoring, or methods of visual or olfactory detection; the labeling system and the safety data sheet and how employees can obtain and use the appropriate hazard information; and emergency procedures for spills, fire, disposal, and first aid. This information may relate to an entire class of hazardous chemicals to the extent appropriate and related to the job. Whenever any employer receives a new or revised safety data sheet, such information shall be provided to employees on a timely basis not to exceed 30 days after receipt, if the new information indicates significantly increased risks to or measures necessary to protect employee health as compared to those stated on a safety data sheet previously provided.
(c)
The department shall by rule or regulation establish minimum information and training standards for compliance with this Code section.
Amended by 2024 Ga. Laws 614,§ 19, eff. 7/1/2024.
Amended by 2015 Ga. Laws 137,§ 5, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 22 - PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW (§§ 45-22-1 — 45-22-12) › Section 45-22-9 - Publication by employers of list of hazardous chemicals in workplace

Each employer shall publish, in January and July of each year, a list of hazardous chemicals that its employees use or are exposed to in the workplace. Such list shall be in written or electronic format and available for public inspection at the workplace office. A comprehensive list of all hazardous chemicals used by the employer shall also be available for public inspection at the employer's state headquarters.
Amended by 2024 Ga. Laws 614,§ 20, eff. 7/1/2024.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 22 - PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW (§§ 45-22-1 — 45-22-12) › Section 45-22-10 - Unlawful discharge, disciplining, or discrimination against employees

(a)
No person shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against any employee for any of the following reasons:
(1)
The employee has requested information regarding hazardous chemicals, filed any complaint or action, or has instituted, or caused to be instituted, any proceeding under this chapter;
(2)
The employee has testified or is about to testify in any proceeding in his own behalf or on behalf of others; or
(3)
The employee has exercised any other right afforded pursuant to the provisions of this chapter.
(b)
No pay, position, seniority, or other benefits shall be lost for exercise of any right provided by this chapter.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 22 - PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW (§§ 45-22-1 — 45-22-12) › Section 45-22-11 - Filing of employee grievances; termination of contract by employer for violation of Code Section 45-22-4; ability of employers to dismiss or discipline employees; judicial review of grievances

(a)
In order to enforce the provisions of this chapter, any employee adversely affected by a violation of this chapter by that employee's employer may file a grievance in accordance with the employer's established grievance procedures. Appointing authorities shall pursue all complaints concerning occupational exposure to hazardous chemicals.
(b)
Upon any violation of Code Section
45-22-4
by a contractor, the employer under agreement with such contractor shall have the right to terminate the contract without liability.
(c)
Nothing in this chapter shall change or modify the right or ability of employers to dismiss or discipline employees in accordance with the laws of this state.
(d)
Any employee dissatisfied with a final decision of an appointing authority with regard to a grievance filed pursuant to subsection (a) of this Code section shall be entitled to judicial review in the same manner as provided for judicial review of contested cases in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2015 Ga. Laws 137,§ 6, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 22 - PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW (§§ 45-22-1 — 45-22-12) › Section 45-22-12 - Sovereign immunity

Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state or any branch, department, board, bureau, commission, authority, or other agency of the state. A violation of the provisions of this chapter shall not be the basis for an action for damages against the state or any branch, department, board, bureau, commission, authority, or other agency of the state or any member, officer, or employee of the state or any branch, department, board, bureau, commission, authority, or other agency of this state and said entities and persons are granted immunity from civil actions for damages for any violation of the provisions of this chapter.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 23 - DRUG-FREE PUBLIC WORK FORCE (§§ 45-23-1 — 45-23-9) › Section 45-23-1 - Short title

This chapter shall be known and may be cited as the "Drug-free Public Work Force Act of 1990."
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 23 - DRUG-FREE PUBLIC WORK FORCE (§§ 45-23-1 — 45-23-9) › Section 45-23-2 - Legislative finding and declaration

The General Assembly finds that the manufacture, distribution, sale, or possession of controlled substances, marijuana, and other dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare. It is declared to be a primary purpose and goal of this state, of all of its agencies and instrumentalities, and of all of its public officials and employees to take all reasonable steps possible to eradicate the unlawful manufacture, distribution, sale, and possession of controlled substances, marijuana, and other dangerous drugs. With this purpose in mind, the General Assembly declares that its work force must be absolutely free of any person who would knowingly manufacture, distribute, sell, or possess a controlled substance, marijuana, or a dangerous drug in an unlawful manner. For this reason, the General Assembly enacts this chapter.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 23 - DRUG-FREE PUBLIC WORK FORCE (§§ 45-23-1 — 45-23-9) › Section 45-23-3 - Definitions

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.
Amended by 2012 Ga. Laws 630,§ 2-83, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 23 - DRUG-FREE PUBLIC WORK FORCE (§§ 45-23-1 — 45-23-9) › Section 45-23-4 - Suspension or termination of public employee convicted of drug offense

(a)
Any public employee who is convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be suspended from his or her public employment for a period of not less than two months. Any such employee shall be required as a condition of completion of suspension to complete a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved by:
(1)
the State Personnel Board in the case of employees employed by departments or agencies subject to the board's rules and regulations, as such terms are defined in Code Section
45-20-2
; or
(2)
the public employer having management and control of the employee in the case of other public employees.
(b)
Any public employee who is convicted for a second or subsequent time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be terminated from his or her public employment and shall be ineligible for other public employment for a period of five years from the most recent date of conviction.
Amended by 2012 Ga. Laws 630,§ 2-84, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 23 - DRUG-FREE PUBLIC WORK FORCE (§§ 45-23-1 — 45-23-9) › Section 45-23-5 - Ineligibility for public employment of person convicted of drug offense

(a)
Any person who has been convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be ineligible for any public employment for a period of three months from the date of conviction.
(b)
Any person who has been convicted two or more times, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be ineligible for any public employment for a period of five years from the most recent date of conviction.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 23 - DRUG-FREE PUBLIC WORK FORCE (§§ 45-23-1 — 45-23-9) › Section 45-23-6 - Additional or more stringent sanctions authorized

The suspension, expulsion, and ineligibility sanctions prescribed in this chapter are intended as minimum sanctions, and nothing in this chapter shall be construed to prohibit any public employer from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 23 - DRUG-FREE PUBLIC WORK FORCE (§§ 45-23-1 — 45-23-9) › Section 45-23-7 - Continuance of employment for drug user; requirements and procedure

On and after July 1, 1990, if, prior to an arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, a public employee notifies the employee's public employer that the employee illegally uses a controlled substance, marijuana, or a dangerous drug and is receiving or agrees to receive treatment under a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved by:
(1)
the State Personnel Board in the case of employees employed by departments or agencies subject to the board's rules and regulations, as such terms are defined in Code Section
45-20-2
; or
(2)
the public employer having management and control of the employee in the case of other public employees, the public employee shall be entitled to maintain the employee's public employment for up to one year as long as the employee follows the treatment plan. During this period, the public employee shall not be separated from public employment solely on the basis of the employee's drug dependence, but the employee's work activities may be restructured if practicable to protect persons or property. No statement made by an employee to a supervisor of the public employee or other person in order to comply with this Code section shall be admissible in any civil, administrative, or criminal proceeding as evidence against the public employee. The rights granted by this Code section shall be available to a public employee only once during a five-year period and shall not apply to any public employee who has refused to be tested or who has tested positive for a controlled substance, marijuana, or a dangerous drug.
Amended by 2012 Ga. Laws 630,§ 2-85, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 23 - DRUG-FREE PUBLIC WORK FORCE (§§ 45-23-1 — 45-23-9) › Section 45-23-8 - Administrative procedures

Administrative procedures for the implementation of this chapter shall be promulgated by the State Personnel Board for departments or agencies subject to the board's rules and regulations, as such terms are defined in Code Section
45-20-2
, and by other public employers for other public employees under their management and control. Such procedures shall include those elements of due process of law required by the Constitution of Georgia and the United States Constitution.
Amended by 2013 Ga. Laws 33,§ 45, eff. 4/24/2013.
Amended by 2012 Ga. Laws 630,§ 2-86, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 23 - DRUG-FREE PUBLIC WORK FORCE (§§ 45-23-1 — 45-23-9) › Section 45-23-9 - Application of chapter

This chapter shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any public employer from implementing sanctions additional to or other than those provided for in this chapter with respect to offenses committed prior to July 1, 1990.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 24 - GOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM (§§ 45-24-1 — 45-24-9) › Section 45-24-1 - [Repealed]

Repealed by 2024 Ga. Laws 609,§ 10-1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 24 - GOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM (§§ 45-24-1 — 45-24-9) › Section 45-24-2 - [Repealed]

Repealed by 2024 Ga. Laws 609,§ 10-1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 24 - GOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM (§§ 45-24-1 — 45-24-9) › Section 45-24-3 - [Repealed]

Repealed by 2024 Ga. Laws 609,§ 10-1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 24 - GOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM (§§ 45-24-1 — 45-24-9) › Section 45-24-4 - [Repealed]

Repealed by 2024 Ga. Laws 609,§ 10-1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 24 - GOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM (§§ 45-24-1 — 45-24-9) › Section 45-24-5 - [Repealed]

Repealed by 2024 Ga. Laws 609,§ 10-1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 24 - GOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM (§§ 45-24-1 — 45-24-9) › Section 45-24-6 - [Repealed]

Repealed by 2024 Ga. Laws 609,§ 10-1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 24 - GOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM (§§ 45-24-1 — 45-24-9) › Section 45-24-7 - [Repealed]

Repealed by 2024 Ga. Laws 609,§ 10-1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 24 - GOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM (§§ 45-24-1 — 45-24-9) › Section 45-24-8 - [Repealed]

Repealed by 2024 Ga. Laws 609,§ 10-1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 24 - GOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM (§§ 45-24-1 — 45-24-9) › Section 45-24-9 - [Repealed]

Repealed by 2024 Ga. Laws 609,§ 10-1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 25 - [INSURANCE COVERAGE ON FIRST RESPONDERS WITH COVERED CONDITIONS ARISING FROM TRAUMATIC EVENT] (§§ 45-25-1 — 45-25-7) › Section 45-25-1 - [Effective 1/1/2025] [Legislative findings]

The Georgia General Assembly finds that:
(1)
First responders are often exposed to traumatic events in the line of duty and are at risk of developing post-traumatic stress disorder, which, if untreated, can result in the inability to serve as a first responder as well as grave health consequences, including death by suicide;
(2)
Major medical insurance provides coverage for mental health treatment on parity with other illnesses, and major medical insurance companies are best suited to help first responders identify healthcare providers who can treat post-traumatic stress disorder and provide coverage for treatment by such providers;
(3)
The Office of Public Safety Support within the Department of Public Safety was established to provide peer counselors and critical incident support services to first responders exposed to traumatic events at work. The intent of this chapter is to expand on this existing support by ensuring that, after a qualifying diagnosis of occupational post-traumatic stress disorder, such first responders have financial resources readily available to them;
(4)
Having financial resources readily available to meet the financial needs of first responders at the critically important time of identifying the mental healthcare provider of their choice and beginning treatment, as well as having additional financial resources available for the continuation of treatment, pursuit of recovery, and return to service as first responders, will better serve first responders and their families; and
(5)
Nothing in this chapter is intended to reimburse for or provide mental healthcare treatment or replace or disrupt coverage for mental health treatment under major medical insurance.
Added by 2024 Ga. Laws 511,§ 2, eff. 1/1/2025.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 25 - [INSURANCE COVERAGE ON FIRST RESPONDERS WITH COVERED CONDITIONS ARISING FROM TRAUMATIC EVENT] (§§ 45-25-1 — 45-25-7) › Section 45-25-4 - [Effective 1/1/2025] [Use of available revenues]

The governing authority of any county, municipality, or consolidated government is authorized to use available revenues, including, but not limited to, proceeds from county and municipal taxes imposed under Chapter 8 of Title 33, for purposes of providing insurance under this chapter.
Added by 2024 Ga. Laws 511,§ 2, eff. 1/1/2025.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 25 - [INSURANCE COVERAGE ON FIRST RESPONDERS WITH COVERED CONDITIONS ARISING FROM TRAUMATIC EVENT] (§§ 45-25-1 — 45-25-7) › Section 45-25-5 - [Effective 1/1/2025] [Exemption from premium taxes]

Funds received as premiums for the coverages specified in this chapter shall not be subject to premium taxes under Chapter 8 of Title 33.
Added by 2024 Ga. Laws 511,§ 2, eff. 1/1/2025.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 25 - [INSURANCE COVERAGE ON FIRST RESPONDERS WITH COVERED CONDITIONS ARISING FROM TRAUMATIC EVENT] (§§ 45-25-1 — 45-25-7) › Section 45-25-6 - [Effective 1/1/2025] [Computation of premium amounts]

The computation of premium amounts by an insurer for the coverages specified in this chapter shall be subject to generally accepted adjustments from insurance underwriting.
Added by 2024 Ga. Laws 511,§ 2, eff. 1/1/2025.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 25 - [INSURANCE COVERAGE ON FIRST RESPONDERS WITH COVERED CONDITIONS ARISING FROM TRAUMATIC EVENT] (§§ 45-25-1 — 45-25-7) › Section 45-25-7 - [Effective 1/1/2025] [Annual report]

The Commissioner of Insurance shall submit an annual report summarizing the use of the benefits provided for in this chapter to the chairpersons of the House Committee on Insurance and the Senate Insurance and Labor Committee no later than July 1, 2025, and annually thereafter. The Commissioner of Insurance shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which he or she deems to be most effective and efficient.
Added by 2024 Ga. Laws 511,§ 2, eff. 1/1/2025.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 1 - GENERAL PROVISIONS (§§ 46-1-1 — 46-1-6) › Section 46-1-1 - Definitions

As used in this title, the term:
(1)
"Certificate" means a certificate of public convenience and necessity issued pursuant to this title.
(2)
"Commission" means the Public Service Commission.
(3)
"Company" shall include a corporation, a firm, a partnership, an association, or an individual.
(4)
"Electric utility" means any retail supplier of electricity whose rates are fixed by the commission.
(5)
"Gas company" means any person certificated under Article 2 of Chapter 4 of this title to construct or operate any pipeline or distribution system, or any extension thereof, for the transportation, distribution, or sale of natural or manufactured gas.
(6)
"Person" means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character.
(7)
"Railroad corporation" or "railroad company" means all corporations, companies, or individuals owning or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the lines of railroad in this state, as well as to railroad corporations and railroad companies as defined in this Code section.
(8)
"Rate," when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto.
(9)
"Utility" means any person who is subject in any way to the lawful jurisdiction of the commission.
Amended by 2012 Ga. Laws 632,§ II-14, eff. 7/1/2012.
Amended by 2012 Ga. Laws 684,§ 46, eff. 5/1/2012.
Amended by 2011 Ga. Laws 119,§ 18, eff. 7/1/2011.
Amended by 2009 Ga. Laws 130,§ 1, eff. 5/4/2009.
Amended by 2007 Ga. Laws 357,§ 1, eff. 7/1/2007.
Amended by 2007 Ga. Laws 332,§ 1, eff. 7/1/2007.
Amended by 2005 Ga. Laws 68,§ 28-1, eff. 7/1/2005.
Amended by 2002 Ga. Laws 462, § 46, eff. 4/18/2002.
Amended by 2002 Ga. Laws 972, § 8, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 1 - GENERAL PROVISIONS (§§ 46-1-1 — 46-1-6) › Section 46-1-3 - Applicability of powers granted by title to other companies or entities regulated by commission

Notwithstanding the placement of any provision of law within this title, the powers granted by provisions of one Code section shall be applicable to any other company or entity regulated by the commission, where applicable.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 1 - GENERAL PROVISIONS (§§ 46-1-1 — 46-1-6) › Section 46-1-4 - Applicability of title to carriers engaged in interstate commerce

Unless otherwise provided by Georgia law and not preempted by federal law or unless provided or allowed by federal law, the provisions of this title relating to carriers engaged in the transportation of passengers or goods within this state shall not apply to carriers engaged in interstate commerce.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 1 - GENERAL PROVISIONS (§§ 46-1-1 — 46-1-6) › Section 46-1-5 - Duties of Department of Human Services with regard to assistance to low or fixed income consumers of gas and electric service

By March 2, 1982, the Department of Human Resources (now known as the Department of Human Services) shall develop a program to identify those low or fixed income consumers of gas and electric utility service who, in the department's opinion, should benefit from public assistance in paying their bills for gas and electric service. The department shall also establish an efficient and economical method for distributing to such consumers all public assistance funds which will be made available, whether by appropriations of state or federal funds, grants, or otherwise. All gas and electric utilities shall cooperate fully with the department in developing and implementing its program. Nothing in this Code section shall limit the commission's authority to order regulatory alternatives which assist low or fixed income ratepayers.
Amended by 2009 Ga. Laws 102,§ 2-20, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 1 - GENERAL PROVISIONS (§§ 46-1-1 — 46-1-6) › Section 46-1-6 - Governmental entities prohibited from restricting utility service connection or sale of fuels based on type; ability to choose utility service

(a)
As used in this Code section, the term:
(1)
"Governmental entity" means any:
(A)
Municipality, public corporation, political subdivision, instrumentality, body politic, authority, district, consolidated government, county, or any board, commission, agency, department, or board of any such entity;
(B)
State board, commission, agency, department, or board; or
(C)
Other form of government.
(2)
"Policy" means an ordinance, resolution, regulation, code, or any other requirement imposed by a governmental entity.
(b)
No governmental entity of this state shall adopt any policy that restricts or prohibits, or has the effect of restricting or prohibiting, based on the type or source of energy or fuel to be delivered or the appliance to be used:
(1)
The connection or reconnection of a customer to an electric utility, gas company, or natural, manufactured, or liquefied petroleum gas service;
(2)
Sales of liquefied petroleum gas, including, but not limited to, directly to a consumer by a retail establishment; or
(3)
Sales of other liquefied petroleum products.
(c)
Nothing in this Code section shall limit the ability of a governmental entity to choose utility services for properties owned by such governmental entity.
Amended by 2023 Ga. Laws 257,§ 2, eff. 5/2/2023.
Added by 2021 Ga. Laws 254,§ 1, eff. 5/6/2021.