                                 CODE OF VIRGINIA

DEFINITIONS (§ 2.2-1604)

As used in this chapter, unless the context requires a different meaning:
		&#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 §§ 2.2-1608 and
2.2-1610.
		&#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.
		&#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.
		&#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.
		&#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:

1. &#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. &#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. &#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. &#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.
			&#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.
			&#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.
			&#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.
			&#8220;SWaM&#8221; means small, women-owned, or minority-owned or related to
a small, women-owned, or minority-owned business.
			&#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.
			&#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.

HISTORY: 2013, c. 482; 2015, cc. 765, 775; 2016, c. 525; 2022, cc. 150, 301.