Tenn. Code § 12-3-1102

Current through Acts 2023-2024, ch. 1069
Section 12-3-1102 - Part definitions

As used in this part, unless the context otherwise requires:

(1) "Business owned by persons with disabilities" means a business owned by a person with a disability that is a continuing, independent, for-profit business that performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more persons with a disability; or, in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by one (1) or more persons with a disability and whose management and daily business operations are under the control of one (1) or more persons with a disability;
(2) "Department" means the department of general services;
(3) "Minority" means a person who is a citizen or lawful permanent resident of the United States and who is:
(A) African American, a person having origins in any of the black racial groups of Africa;
(B) Hispanic, a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race;
(C) Asian American, a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands; or
(D) Native American, a person having origins in any of the original peoples of North America;
(4) "Minority-owned business" means a minority-owned business that is a continuing, independent, for profit business that performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more minority individuals who are impeded from normal entry into the economic mainstream because of past practices of discrimination based on race or ethnic background;
(5) "Person with a disability" means an individual who meets at least one (1) of the following:
(A) Has been diagnosed as having a physical or mental disability resulting in marked and severe functional limitations that is expected to last no less than twelve (12) months;
(B) Is eligible to receive social security disability insurance (SSDI); or
(C) Is eligible to receive supplemental security income (SSI) and has a disability as defined in subdivision (5)(A);
(6) "Procurement and contracting" means the procurement of equipment, supplies, personal services, professional services, consulting services, construction contracts, and architectural and engineering services;
(7) "Service-disabled veteran" means any person who served honorably on active duty in the armed forces of the United States with at least a twenty percent (20%) disability that is service-connected, meaning that such disability was incurred or aggravated in the line of duty in the active military, naval or air service;
(8) "Service-disabled veteran-owned business" means a service-disabled veteran-owned business that is a continuing, independent, for profit business located in this state that performs a commercially useful function, and:
(A) Is at least fifty-one percent (51%) owned and controlled by one (1) or more service-disabled veterans;
(B) In the case of a business solely owned by one (1) service-disabled veteran and such person's spouse, is at least fifty percent (50%) owned and controlled by the service-disabled veteran; or
(C) In the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by one (1) or more service-disabled veterans and whose management and daily business operations are under the control of one (1) or more service-disabled veterans;
(9) "Small business" means a business that is a continuing, independent, for profit business which performs a commercially useful function with residence in this state and has total gross receipts of not more than ten million dollars ($10,000,000) averaged over a three-year period or employs no more than ninety-nine (99) persons on a full-time basis;
(10) "State agency" means any department, office, institution of higher education, board, commission, or any other state agency that receives state funds; and
(11) "Woman-owned business" means a woman-owned business that is a continuing, independent, for profit business that performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one or more women; or, in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by one (1) or more women and whose management and daily business operations are under the control of one (1) or more women.

T.C.A. § 12-3-1102

Amended by 2017 Tenn. Acts, ch. 485,s 5, eff. 6/6/2017.
Amended by 2013 Tenn. Acts, ch. 403,s 65, eff. 7/1/2013.
Repealed by 2013 Tenn. Acts, ch. 272,s 1, eff. 4/25/2013.
2013 Tenn. Acts, ch. 403 reenacted this section, which was also repealed by 2013 Tenn. Acts, ch. 272. The reenacted version is set out above. .
Acts 1999, ch. 382, § 5.