18-5-101. Definitions. As used in this part, the following definitions apply:

Terms Used In Montana Code 18-5-101

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the department of administration. See Montana Code 18-5-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • work activity center: means a nonprofit corporation incorporated under the laws of the state for the purpose of providing vocational services to persons with disabilities, in whole or in part, that:

    (a)holds a current certificate issued by the United States department of labor for either one or all of the following:

    (i)evaluation or training;

    (ii)a regular work program; or

    (iii)a work activity center;

    (b)complies with other applicable occupational, health, and safety standards of local, state, and federal governments governing the operation of the facility not otherwise included in this part;

    (c)in the manufacture of products and in the provision of service, whether or not the product or service is procured under this part, employs and trains persons with disabilities for not less than 75% of the hours of direct labor required for the manufacture of products or the provision of service; and

    (d)is referred to as a "facility". See Montana Code 18-5-101

(1)”Certified sheltered workshop” or “work activity center” means a nonprofit corporation incorporated under the laws of the state for the purpose of providing vocational services to persons with disabilities, in whole or in part, that:

(a)holds a current certificate issued by the United States department of labor for either one or all of the following:

(i)evaluation or training;

(ii)a regular work program; or

(iii)a work activity center;

(b)complies with other applicable occupational, health, and safety standards of local, state, and federal governments governing the operation of the facility not otherwise included in this part;

(c)in the manufacture of products and in the provision of service, whether or not the product or service is procured under this part, employs and trains persons with disabilities for not less than 75% of the hours of direct labor required for the manufacture of products or the provision of service; and

(d)is referred to as a “facility”.

(2)”Department” means the department of administration.

(3)”Person with a disability” means an individual with a physical, mental, or emotional disability that constitutes a substantial impediment to employment and that prevents the individual with the disability from engaging in normal competitive employment.