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2013 SESSION
12101803DBe 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 that is at least 51% 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. One or
more of the individual owners shall control both the management and daily
business operations of the small business located in Virginia that meets the definition of a
small business concern as defined in the federal Small Business Act (15 U.S.C. § 631
et seq.), as amended, and
relevant regulations promulgated thereto. A business shall be deemed to be
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 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 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. One or more of
the individual owners shall control both the management and daily business
operations of the small business located in Virginia that meets the definition of a small
business concern as defined in the federal Small Business Act (15 U.S.C. § 631 et
seq.), as amended, and
relevant regulations promulgated thereto. A business shall be deemed to be
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.