Virginia SB 128: Small Business and Supplier Diversity, Department of; redefines 'small business.'

Bill Text

VIRGINIAACTSOFASSEMBLY--2022SESSION
CHAPTER150
An Act to amend and reenact §§ 2.2-1604 and 2.2-4310 of the Code of Virginia, relating to the
Department of Small Business and Supplier Diversity; definitions; small business.
[S128]
ApprovedApril7,2022
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-1604 and 2.2-4310 of the Code of Virginia are amended and reenacted as follows:
§2.2-1604. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Certification" means the process by which (i) a business is determined to be a small, women-owned,
or minority-owned business or (ii) an employment services organization, for the purpose of reporting
small, women-owned, and minority-owned business and employment services organization participation
in state contracts and purchases pursuant to §§2.2-1608 and 2.2-1610.
"Department" means the Department of Small Business and Supplier Diversity or any division of the
Department to which the Director has delegated or assigned duties and responsibilities.
"Employment services organization" means an organization that provides community-based
employment services to individuals with disabilities that is an approved Commission on Accreditation of
Rehabilitation Facilities (CARF) accredited vendor of the Department for Aging and Rehabilitative
Services.
"Historically black colleges and university" includes any college or university that was established
prior to 1964; whose principal mission was, and is, the education of black Americans; and that is
accredited by a nationally recognized accrediting agency or association determined by the Secretary of
Education.
"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 Islands, 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 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 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, or any historically black
college or university, regardless of the percentage ownership by minority individuals or, in the case of a
corporation, partnership, or limited liability company or other entity, the equity ownership interest in the
corporation, partnership, or limited liability company or other entity.
"Small business" means a business that is at least 51 percent independently owned and controlled by
one or more individuals, or in the case of a cooperative association organized pursuant to Chapter 3
(§ 13.1-301 et seq.) of Title 13.1 as a nonstock corporation, is at least 51 percent independently
controlled by one or more members, 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 or members shall control both the
management and daily business operations of the small business.
"State agency" means any authority, board, department, instrumentality, institution, agency, or other
unit of state government. "State agency" does not include any county, city, or town.
"Women-owned business" means a business that is at least 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

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