VA
Virginia House Bill HB2588

Virginia 2025 Regular Session

Virginia House Bill HB2588 Compare Versions

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1-OFFERED FOR CONSIDERATION 1/28/2025
1+2025 SESSION
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37 HOUSE BILL NO. 2588
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5-AMENDMENT IN THE NATURE OF A SUBSTITUTE
9+Offered January 13, 2025
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7-(Proposed by the House Committee on General Laws
11+Prefiled January 13, 2025
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9-on ________________)
13+A BILL to amend and reenact 2.2-4310 of the Code of Virginia, relating to Virginia Public Procurement Act; discrimination prohibited; military spouse-owned businesses.
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11-(Patron Prior to SubstituteDelegate Cordoza)
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13-A BILL to amend and reenact 2.2-2903, 15.2-1509, and 40.1-27.2 of the Code of Virginia, relating to military spouses; preference in employment.
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21+Committee Referral Pending
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1725 Be it enacted by the General Assembly of Virginia:
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19-1. That 2.2-2903, 15.2-1509, and 40.1-27.2 of the Code of Virginia are amended and reenacted as follows:
27+1. That 2.2-4310 of the Code of Virginia is amended and reenacted as follows:
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21- 2.2-2903. Grade or rating increase and other preferences for veterans and their surviving spouses and children, and members of the National Guard.
29+ 2.2-4310. Discrimination prohibited; participation of small, women-owned, minority-owned, military spouse-owned, and service disabled veteran-owned businesses and employment services organizations.
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23-A. In a manner consistent with federal and state law, if any veteran, or surviving spouse, or child, or spouse of an eligible service member, or member of the National Guard applies for employment with the Commonwealth that is based on the passing of any written examination, the grade or rating of the veteran, surviving spouse, or child, or the spouse of an eligible service member on such examination shall be increased by five percent. However, if the veteran has a service-connected disability rating fixed by the U.S. Department of Veterans Affairs, his grade or rating shall be increased by 10 percent on such written examination. Such increases shall apply only if the veteran passes such examination.
31+A. In the solicitation or awarding of contracts, no public body shall discriminate against a bidder or offeror because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, status as a military spouse, 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 Small Business and Supplier Diversity, which list shall include all companies and organizations certified by the Department.
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25-B. In a manner consistent with federal and state law, if any veteran, surviving spouse, or child, or spouse of an eligible service member, applies for employment with the Commonwealth that is not based on the passing of any examination, the veteran, surviving spouse, or child, or spouse of an eligible service member, shall be given preference by the Commonwealth during the selection process, provided that the veteran, surviving spouse, or child, or spouse of an eligible service member, meets all of the knowledge, skill, and ability requirements for the available position. Additional consideration shall also be given to veterans who have a service-connected disability rating fixed by the U.S. Department of Veterans Affairs. The Department of Human Resource Management shall develop and distribute guidelines as an addendum to the Hiring Policy for Executive Branch agencies to provide guidance to agencies to comply with the preference of this section.
33+B. All public bodies shall establish programs consistent with this chapter to facilitate the participation of small businesses, businesses owned by women, minorities, and service disabled veterans, military spouse-owned businesses, and employment services organizations 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 (i) small, women-owned, and minority-owned business procurement,; (ii) service disabled veteran-owned business procurement,; (iii) military spouse-owned business procurement; and (iii) (iv) employment services organization procurement to the Department of Small Business and Supplier Diversity in a form specified by the Department of Small Business and Supplier Diversity. All state agencies shall cooperate with the Department of Small Business and Supplier Diversity's annual review of their programs pursuant to 2.2-1605 and shall update such programs to incorporate any feedback and suggestions for improvement. Contracts and subcontracts awarded to employment services organizations and service disabled veteran-owned or military spouse-owned businesses shall be credited toward the small business, women-owned, and minority-owned business contracting and subcontracting goals of state agencies and contractors. The Department of Small Business and Supplier Diversity shall make information on service disabled veteran-owned or military spouse-owned procurement available to the Department of Veterans Services upon request.
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27-C. A member of the National Guard applying for a position or job classification under this chapter and possessing the necessary qualifications for such position or job classification shall be entitled to a separate preference as provided in this subsection. When a member of the National Guard or a veteran has applied for a position or job classification that requires an assessment using numerical ratings, points equal to five percent of the total points available from the assessment device or devices shall be added to the passing score of the applicant member of the National Guard or veteran. In an assessment not using numerical ratings, consideration shall be afforded to a member of the National Guard provided that member meets all of the knowledge, skill, and ability requirements for the available position.
35+C. Whenever there exists (i) a rational basis for small business or employment services organization enhancement or (ii) a persuasive analysis that documents a statistically significant disparity between the availability and utilization of 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. Any enhancement or remedial measure authorized by the Governor pursuant to this subsection for state public bodies may allow for small businesses certified by the Department of Small Business and Supplier Diversity or a subcategory of small businesses established as a part of the enhancement program to have a price preference over noncertified businesses competing for the same contract award on designated procurements, provided that the bid of the certified small business or the business in such subcategory of small businesses established as a part of an enhancement program does not exceed the low bid by more than five percent.
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29-The preference under this subsection shall not be applied for a position that is limited to state employees. In addition, the preference provided by this subsection shall not be applied if any other applicant for the position or job classification is (i) a veteran or (ii) a former prisoner of war.
37+D. In awarding a contract for services to a small, women-owned, or minority-owned business that is certified in accordance with 2.2-1606, or to a business identified by a public body as a service disabled veteran-owned or military spouse-owned business where the award is being made pursuant to an enhancement or remedial program as provided in subsection C, the public body shall include in every such contract of more than $10,000 the following:
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31-D. If any veteran, or surviving spouse, or child, or spouse of an eligible service member, or member of the National Guard is denied employment with the Commonwealth, he shall be entitled, to the extent permitted by law, to request and inspect information regarding the reasons for such denial.
39+"If the contractor intends to subcontract work as part of its performance under this contract, the contractor shall include in the proposal a plan to subcontract to small, women-owned, minority-owned, and service disabled veteran-owned and military spouse-owned businesses."
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33-E. As used in this section, unless the context requires a different meaning:
41+E. 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.
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35-"Child" means any surviving child or children under the age of 27 years of a veteran as defined herein who was killed in the line of duty.
43+F. As used in this section:
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37-"Eligible service member" means a full-time active duty member of any branch of the uniformed services of the United States.
45+"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.
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39-"Member of the National Guard" means a person who (i) is presently serving as a member of the Virginia National Guard and (ii) has satisfactorily completed required initial active-duty service.
47+"Military spouse" means a person whose spouse is an active military, naval, or air service member or veteran as those terms are defined in 2.2-2000.1.
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41-"Surviving spouse" means the surviving spouse of a veteran as defined herein who was killed in the line of duty.
49+"Military spouse-owned business" means a business concern that is at least 51 percent owned by one or more military spouses 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 individuals who are military spouses and both the management and daily business operations are controlled by one or more individuals who are military spouses.
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43-"Veteran" means any person who has received an honorable discharge and (i) has provided more than 180 consecutive days of full-time, active-duty service in the armed forces of the United States or reserve components thereof, including the National Guard, or (ii) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.
51+"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:
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45- 15.2-1509. Preferences for veterans, military spouses, and people with disabilities in local government employment.
53+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.
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47-Consistent with the requirements and obligations to protected classes under federal or state law, any locality shall take into consideration or give preference to an individual's status as (i) an honorably discharged veteran of the Armed Forces of the United States or status as, (ii) a person with a disability, or (iii) the spouse of a full-time active duty member of any branch of the uniformed services of the United States, in its employment hiring policies and practices, provided that such veteran, spouse, or person with a disability meets all of the knowledge, skills and eligibility requirements for the available position. Additional consideration shall also be given to veterans who have a service connected disability rating fixed by the U.S. Department of Veterans Affairs. "Veterans" as used in this section refers to the same class as included in 2.2-2903 with regard to the state service. "Person with a disability" as used in this section refers to the same class as included in 51.5-40.1.
55+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.
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49- 40.1-27.2. Preference for veterans and spouses.
57+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.
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51-A. As used in this section, unless the context requires a different meaning:
59+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.
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53-"Disabled veteran" means a veteran who has been found by the U.S. Department of Veterans Affairs or by the retirement board of one of the several branches of the armed forces to have a compensable service-connected permanent and total disability.
61+"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 as defined in 2.2-1604, 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.
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55-"Eligible service member" means a full-time active duty member of any branch of the uniformed services of the United States.
63+"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.
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57-"Veteran" has the same meaning ascribed to such term in 2.2-2903.
65+"Service disabled veteran business" means a business that is at least 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 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.
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59-B. An employer may grant preference in hiring and promotion to a veteran or the spouse of a disabled veteran or the spouse of an eligible service member.
67+"Small business" means a business, 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, 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 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.
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61-C. Granting preference under subsection B does not violate any local or state equal employment opportunity law.
69+"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.
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71+"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 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.