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2012 SESSION
12104395DBe it enacted by the General Assembly of Virginia:
1. That §§ 2.2-1401 and 2.2-4310 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-1401. Definitions.
As used in this chapter unless the context requires a different meaning:
"Certification" means the process by which a business is determined to be a small, women-owned, or minority-owned business for the purpose of reporting small, women-owned, and minority-owned business participation in state contracts and purchases pursuant to §§ 2.2-1404 and 2.2-1405.
"Minority individual" means an individual who is a citizen of the United States or a legal resident alien and who satisfies one or more of the following definitions:
1. "African American" means a person having origins in any of the original peoples of Africa and who is regarded as such by the community of which this person claims to be a part.
2. "Asian American" means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including but not limited to Japan, China, Vietnam, Samoa, Laos, Cambodia, Taiwan, Northern Mariana, the Philippines, a U.S. territory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regarded as such by the community of which this person claims to be a part.
3. "Hispanic American" means a person having origins in any of the Spanish-speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.
4. "Native American" means a person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.
"Minority-owned business" means a business that is
at least 51% 51 percent owned by one or more minority individuals
who are U.S. citizens or legal resident aliens, or in the case of a
corporation, partnership, or limited liability company or other entity, at
least 51% 51 percent of the equity ownership interest in the
corporation, partnership, or limited liability company or other entity is owned
by one or more minority individuals who are U.S. citizens or legal resident
aliens, and both the management and daily business operations are controlled by
one or more minority individuals.
"Small business" means a business located in
Virginia that is at least 51% 51 percent independently owned
and controlled by one or more individuals who are U.S. citizens or legal
resident aliens, and together with affiliates, has 250 or fewer
employees, or average annual gross receipts of $10 million or less averaged
over the previous three years that meets the size standards established
by the Administrator of the U.S. Small Business Administration pursuant to the
federal Small Business Act (15 U.S.C. § 631 et seq.), as amended, and relevant
regulations promulgated thereto. One or more of the individual owners shall
control both the management and daily business operations of the small
business. A small business is located in Virginia if the business has been
organized pursuant to Virginia law or maintains a principle place of business
within Virginia.
"State agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government. "State agency" shall not include any county, city, or town.
"Women-owned business" means a business that is at
least 51% 51 percent owned by one or more women who are U.S.
citizens or legal resident aliens, or in the case of a corporation,
partnership, or limited liability company or other entity, at least 51% 51
percent of the equity ownership interest is owned by one or more women who
are citizens of the United States or legal resident aliens, and both the
management and daily business operations are controlled by one or more women.
§ 2.2-4310. Discrimination prohibited; participation of small, women-owned, minority-owned, and service disabled veteran-owned business.
A. In the solicitation or awarding of contracts, no public body shall discriminate against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. Whenever solicitations are made, each public body shall include businesses selected from a list made available by the Department of Minority Business Enterprise.
B. All public bodies shall establish programs consistent with
this chapter to facilitate the participation of small businesses and businesses
owned by women, minorities, and service disabled veterans in procurement
transactions. The programs established shall be in writing and shall comply with
the provisions of any enhancement or remedial measures authorized by the
Governor pursuant to subsection C or, where applicable, by the chief executive
of a local governing body pursuant to § 15.2-965.1, and shall include specific
plans to achieve any goals established therein. State agencies shall submit
annual progress reports on small, women- women-owned, and
minority-owned business procurement and on service disabled veteran-owned
business procurement to the Department of Minority Business Enterprise in a
form specified by the Department of Minority Business Enterprise. The
Department of Minority Business Enterprise shall make information on service
disabled veteran-owned procurement available to the Department of Veterans
Services upon request.
C. Whenever there exists (i) a rational basis for small
business enhancement or (ii) a persuasive analysis that documents a
statistically significant disparity between the availability and utilization of
women- women-owned and minority-owned businesses, the Governor is
authorized and encouraged to require state agencies to implement appropriate
enhancement or remedial measures consistent with prevailing law.
D. In the solicitation or awarding of contracts, no state agency, department or institution shall discriminate against a bidder or offeror because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest.
E. As used in this section:
"Minority individual" means an individual who is a citizen of the United States or a legal resident alien and who satisfies one or more of the following definitions:
1. "African American" means a person having origins in any of the original peoples of Africa and who is regarded as such by the community of which this person claims to be a part.
2. "Asian American" means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including but not limited to Japan, China, Vietnam, Samoa, Laos, Cambodia, Taiwan, Northern Mariana, the Philippines, a U.S. territory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regarded as such by the community of which this person claims to be a part.
3. "Hispanic American" means a person having origins in any of the Spanish-speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.
4. "Native American" means a person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.
"Minority-owned business" means a business that is
at least 51% 51 percent owned by one or more minority individuals
who are U.S. citizens or legal resident aliens, or in the case of a
corporation, partnership, or limited liability company or other entity, at
least 51% 51 percent of the equity ownership interest in the
corporation, partnership, or limited liability company or other entity is owned
by one or more minority individuals who are U.S. citizens or legal resident
aliens, and both the management and daily business operations are controlled by
one or more minority individuals.
"Service disabled veteran" means a veteran who (i) served on active duty in the United States military ground, naval, or air service, (ii) was discharged or released under conditions other than dishonorable, and (iii) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.
"Service disabled veteran business" means a business
that is at least 51% 51 percent owned by one or more service
disabled veterans or, in the case of a corporation, partnership, or limited
liability company or other entity, at least 51% 51 percent of the
equity ownership interest in the corporation, partnership, or limited liability
company or other entity is owned by one or more individuals who are service
disabled veterans and both the management and daily business operations are
controlled by one or more individuals who are service disabled veterans.
"Small business" means a business located in
Virginia that is at least 51 percent independently owned and controlled by
one or more individuals who are U.S. citizens or legal resident aliens,
and together with affiliates, has 250 or fewer employees, or annual gross
receipts of $10 million or less averaged over the previous three years
that meets the size standards established by the Administrator of the U.S.
Small Business Administration pursuant to the federal Small Business Act (15
U.S.C. § 631 et seq.), as amended, and relevant regulations promulgated thereto.
One or more of the individual owners shall control both the management and
daily business operations of the small business. A small business is located
in Virginia if the business has been organized pursuant to Virginia law or
maintains a principal place of business within Virginia.
"State agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government. "State agency" shall not include any county, city, or town.
"Women-owned business" means a business that is at
least 51% 51 percent owned by one or more women who are U.S.
citizens or legal resident aliens, or in the case of a corporation,
partnership, or limited liability company or other entity, at least 51% 51
percent of the equity ownership interest is owned by one or more women who
are U.S. citizens or legal resident aliens, and both the management and daily
business operations are controlled by one or more women.