Tenn. Code Ann. § 71-4-702
Part definitions
Redline — September 1, 2020 → current.View current text →
Current — September 30, 2020
As of September 1, 2020
As used in this part, unless the context otherwise requires:
As used in this part:
(1) “Blind” means an individual or class of individuals whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle no greater than twenty degrees (20°);
(1) “Central nonprofit agency” means the agency designated by the committee to facilitate, by subcontract or other means, the fulfillment of orders from governmental entities for commodities and services and to assist the committee in administering the program described under this part;
(3) “Certified commodities or services” means: The commodities produced with “value added” through manufacturing, repackaging or assembly processes;
(4) The services provided with “value added”; and
(2) “Certified commodities or services” means: Commodities and services that have been recommended by the central nonprofit agency as suitable for procurement by any state governmental entity or as suitable for statewide contracts and that are certified pursuant to procedures approved by the state procurement commission as to quality, availability, and fair market price; and
(3) Commodities and services that have been recommended by the central nonprofit agency as suitable for procurement by political subdivisions and that are certified by the chief financial officer of the political subdivisions as to quality, availability, and fair market price;
(4) “Committee” means the advisory committee for providing competitive integrated employment for individuals with severe disabilities, created by § 71-4-703;
(7) “Individuals with severe disabilities” means an individual or class of individuals with a physical or mental disability other than blindness, which, according to criteria established by rules approved by the committee for purchase from the blind and other severely disabled, after consultation with appropriate entities of the state and taking into account the views of nongovernmental entities representing the disabled, constitutes a substantial impediment to employment and is of such a nature to prevent the individual with such a disability from currently engaging in regular competitive employment;
(5) “Competitive integrated employment” means employment available to individuals with severe disabilities or a customized employment available to individuals with severe disabilities, at a setting typically found in the community, at minimum wage or greater with the same benefits as nondisabled employees receive, in which eligible individuals interact with nondisabled individuals, other than nondisabled individuals who are providing services to those eligible individuals, to the same extent that nondisabled individuals in comparable positions interact with other persons;
(9) “Other entities” mean entities other than work centers for the blind and agencies serving individuals with severe disabilities that: Comply with all laws including any applicable occupational safety and health standard prescribed by the secretary of labor of the United States;
(10) In the production of commodities and in the provision of services pursuant to this part, during the fiscal year utilize blind or other individuals with severe disabilities for a minimum of fifty-one percent (51%) of the man-hours of direct labor required for the production or provision of the commodities or services; and
(11) Work with agencies serving individuals with severe disabilities to identify blind or other individuals with severe disabilities for the man-hours of direct labor required for the production or provision of the commodities or services, and to provide supports necessary for their safe, productive and integrated employment;
(12) “Qualified agency serving individuals with severe disabilities”, referred to as “agency serving individuals with severe disabilities” in this part, means an agency that: Is organized under the laws of the United States or of this state and operated in the interest of individuals with severe disabilities who are not blind;
(13) Complies with all laws including any applicable occupational safety and health standard prescribed by the secretary of labor of the United States; and
(14) In the production of commodities and in the provision of services pursuant to this part, during the fiscal year employs blind or other individuals with severe disabilities for a minimum of fifty-one percent (51%) of the man-hours of direct labor required for the production or provision of the commodities or services; and
(15) “Qualified nonprofit work center for the blind”, referred to as “work center for the blind” in this part, means an agency that: Is organized under the laws of the state, operated in the interest of blind individuals, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;
(16) Complies with the applicable occupational health and safety standards prescribed by the secretary of labor of the United States;
(17) In the production of commodities and the provision of services, whether or not the commodities or services are procured as provided in this part, during the fiscal year employs blind individuals for a minimum of seventy-five percent (75%), or in accordance with the percentage of direct labor required under the terms and conditions of the Javits-Wagoner-O'Day Act, P.L. 92-28 (41 U.S.C. § 8502), or whichever is lesser, of the man-hours of direct labor required for the production or provision of commodities or services; and
(18) Meets the criteria for determining nonprofit status under title 48, chapter 51, part 1, and is registered in good standing with the office of the secretary of state.
(6) “Governmental entity” means a state governmental entity or a political subdivision;
(7) “Individuals with severe disabilities” means individuals who have a physical or mental impairment that substantially limits major life activities;
(8) “Political subdivision” means any local governmental entity, including, but not limited to, any city, town, municipality, metropolitan government, county, utility district, school district, public building authority, housing authority, emergency communications district, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more local governmental entities;
(9) “Production of commodities” means packaging, assembly, distribution, or other manufacturing processes; and
(10) “State governmental entity” means any agency, authority, board, commission, department, or office within the executive, legislative, or judicial branches of state government, or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education.
Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.