• As used in this part, unless the context otherwise requires:
    • (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°);

    • Terms Used In Tennessee Code 71-4-702

      • 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°). See Tennessee Code 71-4-702
      • Central nonprofit agency: means the agency designated by the committee to facilitate the distribution, by direct allocation, subcontract or any other means, of orders from state government for commodities and services on the procurement list among the work centers for the blind, agencies serving individuals with severe disabilities, and other entities, and to assist the committee in administering the program described under this part. See Tennessee Code 71-4-702
      • Committee: means the advisory committee for purchase from the blind and other severely disabled, created by §. See Tennessee Code 71-4-702
      • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
      • 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. See Tennessee Code 71-4-702
      • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105

      (2) “Central nonprofit agency” means the agency designated by the committee to facilitate the distribution, by direct allocation, subcontract or any other means, of orders from state government for commodities and services on the procurement list among the work centers for the blind, agencies serving individuals with severe disabilities, and other entities, and to assist the committee in administering the program described under this part;

    • (3) “Certified commodities or services” means:

      • (A) The commodities produced with “value added” through manufacturing, repackaging or assembly processes;

      • (B) The services provided with “value added”; and

      • (C) Commodities and services that have been recommended by the central nonprofit agency as suitable for procurement by any entity of state government pursuant to this part and that are certified pursuant to procedures approved by the state procurement commission as to quality, availability and fair market price;

    • (4) “Committee” means the advisory committee for purchase from the blind and other severely disabled, created by § 71-4-703;

    • (5) “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;

    • (6) “Integrated settings” means a setting typically found in the community in which applicants or eligible individuals interact with nondisabled individuals, other than nondisabled individuals who are providing services to those applicants or eligible individuals, to the same extent that nondisabled individuals in comparable positions interact with other persons;

    • (7) “Other entities” mean entities other than work centers for the blind and agencies serving individuals with severe disabilities that:

      • (A) Comply with all laws including any applicable occupational safety and health standard prescribed by the secretary of labor of the United States;

      • (B) 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

      • (C) 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;

    • (8) “Qualified agency serving individuals with severe disabilities”, referred to as “agency serving individuals with severe disabilities” in this part, means an agency that:

      • (A) 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;

      • (B) Complies with all laws including any applicable occupational safety and health standard prescribed by the secretary of labor of the United States; and

      • (C) 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

    • (9) “Qualified nonprofit work center for the blind”, referred to as “work center for the blind” in this part, means an agency that:

      • (A) 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;

      • (B) Complies with the applicable occupational health and safety standards prescribed by the secretary of labor of the United States;

      • (C) 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

      • (D) 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.