{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-1604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-1604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-1604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-1604.html"}],"law_id":65884,"edition_id":1,"section_id":65884,"structure_id":14697,"section_number":"2.2-1604","catch_line":"Definitions","history":"2013, c. 482; 2015, cc. 765, 775; 2016, c. 525; 2022, cc. 150, 301.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Certification&#8221; 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 \u00a7\u00a7 2.2-1608 and 2.2-1610.\n\t\t&#8220;Department&#8221; 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.\n\t\t&#8220;Employment services organization&#8221; 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.\n\t\t&#8220;Historically black colleges and university&#8221; 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.\n\t\t&#8220;Minority individual&#8221; 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:\n\n1\n\n&#8220;African American&#8221; 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\n\n&#8220;Asian American&#8221; 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\n\n&#8220;Hispanic American&#8221; 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\n\n&#8220;Native American&#8221; 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.\n\t\t\t&#8220;Minority-owned business&#8221; 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.\n\t\t\t&#8220;Small business&#8221; 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 (&#xA7; 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.\n\t\t\t&#8220;State agency&#8221; means any authority, board, department, instrumentality, institution, agency, or other unit of state government. &#8220;State agency&#8221; does not include any county, city, or town.\n\t\t\t&#8220;SWaM&#8221; means small, women-owned, or minority-owned or related to a small, women-owned, or minority-owned business.\n\t\t\t&#8220;SWaM plan&#8221; means a written program, plan, or progress report submitted by a state agency to the Department pursuant to &#xA7; 2.2-4310.\n\t\t\t&#8220;Women-owned business&#8221; 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 liability company or other entity, at least 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.","order_by":null,"text":{"0":{"id":239422,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Certification&#8221; 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 \u00a7\u00a7 2.2-1608 and 2.2-1610.\n\t\t&#8220;Department&#8221; 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.\n\t\t&#8220;Employment services organization&#8221; 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.\n\t\t&#8220;Historically black colleges and university&#8221; 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.\n\t\t&#8220;Minority individual&#8221; 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:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":239423,"text":"&#8220;African American&#8221; 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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":239424,"text":"&#8220;Asian American&#8221; 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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":239425,"text":"&#8220;Hispanic American&#8221; 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":239426,"text":"&#8220;Native American&#8221; 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.\n\t\t\t&#8220;Minority-owned business&#8221; 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.\n\t\t\t&#8220;Small business&#8221; 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 (&#xA7; 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.\n\t\t\t&#8220;State agency&#8221; means any authority, board, department, instrumentality, institution, agency, or other unit of state government. &#8220;State agency&#8221; does not include any county, city, or town.\n\t\t\t&#8220;SWaM&#8221; means small, women-owned, or minority-owned or related to a small, women-owned, or minority-owned business.\n\t\t\t&#8220;SWaM plan&#8221; means a written program, plan, or progress report submitted by a state agency to the Department pursuant to &#xA7; 2.2-4310.\n\t\t\t&#8220;Women-owned business&#8221; 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 liability company or other entity, at least 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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":14697,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":14696,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":173073,"object_type":"structure","relational_id":14697,"identifier":"1","token":"2.2\/I\/C\/16.1\/1","url":"\/2.2\/I\/C\/16.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14696,"edition_id":1,"name":"Department of Small Business and Supplier Diversity","identifier":"16.1","label":"chapter","depth":4,"order_by":1,"parent_id":13092,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":173071,"object_type":"structure","relational_id":14696,"identifier":"16.1","token":"2.2\/I\/C\/16.1","url":"\/2.2\/I\/C\/16.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13092,"edition_id":1,"name":"State Agencies Related to the General Operation of Government","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":172453,"object_type":"structure","relational_id":13092,"identifier":"C","token":"2.2\/I\/C","url":"\/2.2\/I\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74149,"structure_id":14697,"section_number":"2.2-1603","catch_line":"Department of Small Business and Supplier Diversity created; appointment of Director; offices; personnel","url":"\/2.2-1603\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1603","metadata":false},{"id":65884,"structure_id":14697,"section_number":"2.2-1604","catch_line":"Definitions","url":"\/2.2-1604\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1604","metadata":false},{"id":78558,"structure_id":14697,"section_number":"2.2-1605","catch_line":"Powers and duties of Department","url":"\/2.2-1605\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1605","metadata":false},{"id":73978,"structure_id":14697,"section_number":"2.2-1605.1","catch_line":"Mentorship program","url":"\/2.2-1605.1\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1605.1","metadata":false},{"id":64046,"structure_id":14697,"section_number":"2.2-1606","catch_line":"Powers of Director","url":"\/2.2-1606\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1606","metadata":false},{"id":69811,"structure_id":14697,"section_number":"2.2-1607","catch_line":"Nonstock corporation to assist small businesses","url":"\/2.2-1607\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1607","metadata":false},{"id":80454,"structure_id":14697,"section_number":"2.2-1608","catch_line":"Interdepartmental Board; cooperation with Department","url":"\/2.2-1608\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1608","metadata":false},{"id":56335,"structure_id":14697,"section_number":"2.2-1609","catch_line":"Use of vendors identified by public institutions of higher education as small, women-owned, and minority-owned businesses","url":"\/2.2-1609\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1609","metadata":false},{"id":80210,"structure_id":14697,"section_number":"2.2-1610","catch_line":"Reports and recommendations; collection of data","url":"\/2.2-1610\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1610","metadata":false}],"previous_section":{"id":74149,"structure_id":14697,"section_number":"2.2-1603","catch_line":"Department of Small Business and Supplier Diversity created; appointment of Director; offices; personnel","url":"\/2.2-1603\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1603","metadata":false},"next_section":{"id":78558,"structure_id":14697,"section_number":"2.2-1605","catch_line":"Powers and duties of Department","url":"\/2.2-1605\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1605","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-1604\/","history_text":"<p>This law was first created in 2013. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0482\">482<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2015, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0765\">765<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0775\">775<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0525\">525<\/a>; in 2022, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0150\">150<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0301\">301<\/a>.<\/p>","references":[{"id":65173,"section_number":"18.2-213.1","catch_line":"Obtaining certification as small, women-owned, or minority-owned business by deception; penalty","order_by":null,"url":"\/18.2-213.1\/"},{"id":59798,"section_number":"2.2-4310","catch_line":"Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations","order_by":null,"url":"\/2.2-4310\/"},{"id":55542,"section_number":"23.1-200","catch_line":"(Effective July 1, 2026) State Council of Higher Education for Virginia established; purpose; membership; terms; officers","order_by":null,"url":"\/23.1-200\/"},{"id":63897,"section_number":"30-440","catch_line":"(Expires July 1, 2028) Virginia Minority Business Commission; purpose","order_by":null,"url":"\/30-440\/"},{"id":80993,"section_number":"56-235.1:2","catch_line":"Costs of using small, women-owned, or minority-owned businesses","order_by":null,"url":"\/56-235.1_2\/"},{"id":79490,"section_number":"58.1-4032","catch_line":"Application for a sports betting permit; penalty","order_by":null,"url":"\/58.1-4032\/"},{"id":65707,"section_number":"58.1-4107","catch_line":"Eligible host city; certification of preferred casino gaming operator","order_by":null,"url":"\/58.1-4107\/"},{"id":61549,"section_number":"58.1-4109","catch_line":"Submission of preferred casino gaming operator by eligible host city; application for operator's license; penalty","order_by":null,"url":"\/58.1-4109\/"}],"refers_to":[{"id":72299,"section_number":"13.1-301","catch_line":"Organization of cooperative associations; purposes; name; par value stock required","order_by":null,"url":"\/13.1-301\/"},{"id":80454,"section_number":"2.2-1608","catch_line":"Interdepartmental Board; cooperation with Department","order_by":null,"url":"\/2.2-1608\/"},{"id":80210,"section_number":"2.2-1610","catch_line":"Reports and recommendations; collection of data","order_by":null,"url":"\/2.2-1610\/"},{"id":59798,"section_number":"2.2-4310","catch_line":"Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations","order_by":null,"url":"\/2.2-4310\/"}],"permalink":{"id":173079,"object_type":"law","relational_id":65884,"identifier":"2.2-1604","token":"2.2\/I\/C\/16.1\/1\/2.2-1604","url":"\/2.2-1604\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-1604\/","token":"2.2\/I\/C\/16.1\/1\/2.2-1604","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-1604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;<span class=\"dictionary\">Certification<\/span>&#8221; means the process by which (i) a business is determined to be a small, women-owned, or <span class=\"dictionary\">minority-owned business<\/span> or (ii) an <span class=\"dictionary\">employment services organization<\/span>, for the purpose of reporting small, women-owned, and <span class=\"dictionary\">minority-owned business<\/span> and <span class=\"dictionary\">employment services organization<\/span> participation in state <span class=\"dictionary\">contracts<\/span> and purchases pursuant to \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Interdepartmental Board; cooperation with Department\" href=\"\/2.2-1608\/\">2.2-1608<\/a> and <a class=\"law\" title=\"Reports and recommendations; collection of data\" href=\"\/2.2-1610\/\">2.2-1610<\/a>.\n\t\t&#8220;<span class=\"dictionary\">Department<\/span>&#8221; means the <span class=\"dictionary\">Department<\/span> of <span class=\"dictionary\">Small Business<\/span> and Supplier Diversity or any division of the <span class=\"dictionary\">Department<\/span> to which the Director has delegated or assigned duties and responsibilities.\n\t\t&#8220;<span class=\"dictionary\">Employment services organization<\/span>&#8221; 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 <span class=\"dictionary\">Department<\/span> for Aging and Rehabilitative Services.\n\t\t&#8220;<span class=\"dictionary\">Historically black colleges and university<\/span>&#8221; 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.\n\t\t&#8220;<span class=\"dictionary\">Minority individual<\/span>&#8221; 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:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> &#8220;<span class=\"dictionary\">African American<\/span>&#8221; 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. <a id=\"paragraph-239423\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1604\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> &#8220;<span class=\"dictionary\">Asian American<\/span>&#8221; 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. <a id=\"paragraph-239424\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1604\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> &#8220;<span class=\"dictionary\">Hispanic American<\/span>&#8221; 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. <a id=\"paragraph-239425\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1604\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> &#8220;<span class=\"dictionary\">Native American<\/span>&#8221; 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.\n\t\t\t&#8220;<span class=\"dictionary\">Minority-owned business<\/span>&#8221; means a business that is at least 51 percent owned by one or more <span class=\"dictionary\">minority individuals<\/span> 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 <span class=\"dictionary\">equity<\/span> ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more <span class=\"dictionary\">minority individuals<\/span> who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more <span class=\"dictionary\">minority individuals<\/span>, or any historically black college or university, regardless of the percentage ownership by <span class=\"dictionary\">minority individuals<\/span> or, in the case of a corporation, partnership, or limited liability company or other entity, the <span class=\"dictionary\">equity<\/span> ownership interest in the corporation, partnership, or limited liability company or other entity.\n\t\t\t&#8220;<span class=\"dictionary\">Small business<\/span>&#8221; 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 (&#xA7; <a class=\"law\" title=\"Organization of cooperative associations; purposes; name; par value stock required\" href=\"\/13.1-301\/\">13.1-301<\/a> 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 <span class=\"dictionary\">small business<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">State agency<\/span>&#8221; means any authority, board, <span class=\"dictionary\">department<\/span>, instrumentality, institution, agency, or other unit of state government. &#8220;<span class=\"dictionary\">State agency<\/span>&#8221; does not include any county, city, or town.\n\t\t\t&#8220;SWaM&#8221; means small, women-owned, or minority-owned or related to a small, women-owned, or <span class=\"dictionary\">minority-owned business<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">SWaM plan<\/span>&#8221; means a written program, plan, or progress report submitted by a <span class=\"dictionary\">state agency<\/span> to the <span class=\"dictionary\">Department<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations\" href=\"\/2.2-4310\/\">2.2-4310<\/a>.\n\t\t\t&#8220;<span class=\"dictionary\">Women-owned business<\/span>&#8221; 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 liability company or other entity, at least 51 percent of the <span class=\"dictionary\">equity<\/span> 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. <a id=\"paragraph-239426\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1604\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 2.2-1604)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Certification&#8221; means the process by which (i) a business is\ndetermined to be a small, women-owned, or minority-owned business or (ii) an\nemployment services organization, for the purpose of reporting small,\nwomen-owned, and minority-owned business and employment services organization\nparticipation in state contracts and purchases pursuant to \u00a7\u00a7 2.2-1608 and\n2.2-1610.\n\t\t&#8220;Department&#8221; means the Department of Small Business and Supplier\nDiversity or any division of the Department to which the Director has delegated\nor assigned duties and responsibilities.\n\t\t&#8220;Employment services organization&#8221; means an organization that\nprovides community-based employment services to individuals with disabilities\nthat is an approved Commission on Accreditation of Rehabilitation Facilities\n(CARF) accredited vendor of the Department for Aging and Rehabilitative\nServices.\n\t\t&#8220;Historically black colleges and university&#8221; includes any college\nor university that was established prior to 1964; whose principal mission was,\nand is, the education of black Americans; and that is accredited by a nationally\nrecognized accrediting agency or association determined by the Secretary of\nEducation.\n\t\t&#8220;Minority individual&#8221; means an individual who is a citizen of the\nUnited States or a legal resident alien and who satisfies one or more of the\nfollowing definitions:\n\n1. &#8220;African American&#8221; means a person having origins in any of the\noriginal peoples of Africa and who is regarded as such by the community of which\nthis person claims to be a part.\n\n2. &#8220;Asian American&#8221; means a person having origins in any of the\noriginal peoples of the Far East, Southeast Asia, the Indian subcontinent, or\nthe Pacific Islands, including but not limited to Japan, China, Vietnam, Samoa,\nLaos, Cambodia, Taiwan, Northern Mariana Islands, the Philippines, a U.S.\nterritory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka, and who is\nregarded as such by the community of which this person claims to be a part.\n\n3. &#8220;Hispanic American&#8221; means a person having origins in any of the\nSpanish-speaking peoples of Mexico, South or Central America, or the Caribbean\nIslands or other Spanish or Portuguese cultures and who is regarded as such by\nthe community of which this person claims to be a part.\n\n4. &#8220;Native American&#8221; means a person having origins in any of the\noriginal peoples of North America and who is regarded as such by the community\nof which this person claims to be a part or who is recognized by a tribal\norganization.\n\t\t\t&#8220;Minority-owned business&#8221; means a business that is at least 51\npercent owned by one or more minority individuals who are U.S. citizens or legal\nresident aliens, or in the case of a corporation, partnership, or limited\nliability company or other entity, at least 51 percent of the equity ownership\ninterest in the corporation, partnership, or limited liability company or other\nentity is owned by one or more minority individuals who are U.S. citizens or\nlegal resident aliens, and both the management and daily business operations are\ncontrolled by one or more minority individuals, or any historically black\ncollege or university, regardless of the percentage ownership by minority\nindividuals or, in the case of a corporation, partnership, or limited liability\ncompany or other entity, the equity ownership interest in the corporation,\npartnership, or limited liability company or other entity.\n\t\t\t&#8220;Small business&#8221; means a business that is at least 51 percent\nindependently owned and controlled by one or more individuals, or in the case of\na cooperative association organized pursuant to Chapter 3 (&#xA7; 13.1-301 et\nseq.) of Title 13.1 as a nonstock corporation, is at least 51 percent\nindependently controlled by one or more members, who are U.S. citizens or legal\nresident aliens and, together with affiliates, has 250 or fewer employees or\naverage annual gross receipts of $10 million or less averaged over the previous\nthree years. One or more of the individual owners or members shall control both\nthe management and daily business operations of the small business.\n\t\t\t&#8220;State agency&#8221; means any authority, board, department,\ninstrumentality, institution, agency, or other unit of state government.\n&#8220;State agency&#8221; does not include any county, city, or town.\n\t\t\t&#8220;SWaM&#8221; means small, women-owned, or minority-owned or related to\na small, women-owned, or minority-owned business.\n\t\t\t&#8220;SWaM plan&#8221; means a written program, plan, or progress report\nsubmitted by a state agency to the Department pursuant to &#xA7; 2.2-4310.\n\t\t\t&#8220;Women-owned business&#8221; means a business that is at least 51\npercent owned by one or more women who are U.S. citizens or legal resident\naliens, or in the case of a corporation, partnership, or limited liability\ncompany or other entity, at least 51 percent of the equity ownership interest is\nowned by one or more women who are U.S. citizens or legal resident aliens, and\nboth the management and daily business operations are controlled by one or more\nwomen.\n\nHISTORY: 2013, c. 482; 2015, cc. 765, 775; 2016, c. 525; 2022, cc. 150, 301.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}