Fabio
116 lines
12 KiB
Markdown
116 lines
12 KiB
Markdown
---
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type: "Bill"
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title: "Small SWaM Business Procurement Enhancement Program; established, definitions, report."
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description: "Department of Small Business and Supplier Diversity; Small Business Procurement Enhancement Program and Women-owned and Minority-owned Business Procurement Enhancement Program established; report. Establishes the Small Business Procurement Enhancement Program with a statewide goal of 42 percent of certified small business utilization in all discretionary spending by state agencies and covered institutions in procurement orders, prime contracts, and subcontracts, as well as a target goal of 50 percent subcontracting to certified small businesses in instances where the prime contractor is not a small business for all new capital outlay construction solicitations that are issued. In addition, the bill provides for a small business set-aside for state agency and covered institution purchases of goods, services, and construction, requiring that purchases up to $100,000 be set aside for award to certified small businesses and that purchases up to $10,000 be set aside for award to microbusinesses. The bill also establishes the Women-owned and Minority-owned Business Procurement Enhancement Program with a statewide goal of 23.1 percent of certified women-owned and minority-owned business utilization in all discretionary spending by state agencies and covered institutions in procurement orders, prime contracts, and subcontracts. The bill creates the Division of Procurement Enhancement within the Department of Small Business and Supplier Diversity for purposes of collaborating with the Department of General Services, the Virginia Information Technologies Agency, the Department of Transportation, and covered institutions to further the Commonwealth's efforts to meet the goals established under the Small Business Procurement Enhancement Program and the Women-owned and Minority-owned Business Procurement Enhancement Program, as well as implementing initiatives to enhance the development of small businesses, microbusinesses, women-owned businesses, and minority-owned businesses in the Commonwealth. Finally, the bill amends the Virginia Public Procurement Act to permit public bodies to establish purchase procedures, if adopted in writing, not requiring competitive sealed bids or competitive negotiation for single or term contracts for the purchase or lease of goods, or for the purchase of services, insurance, or construction, if the aggregate or the sum of all phases is not expected to exceed $125,000. Under current law, such purchase procedures may only be established for (i) goods and services other than professional services and non-transportation-related construction, if the aggregate or the sum of all phases is not expected to exceed $200,000; (ii) transportation-related construction, if the aggregate or sum of all phases is not expected to exceed $25,000; and (iii) professional services, provided that the aggregate or the sum of all phases is not expected to exceed $80,000. The bill has a general delayed effective date of January 1, 2025, and delayed effective dates of July 1, 2025, for covered institutions, and July 1, 2026, for certain university hospitals and medical centers. The provisions of the bill creating the Women-owned and Minority-owned Business Procurement Enhancement Program sunset on July 1, 2031."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2024"
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identifier: "HB 1404"
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citation: "Virginia HB 1404 (2024)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Jeion A. Ward"]
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version_count: 6
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action_count: 45
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vote_count: 9
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first_action: "2024-01-17"
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last_action: "2024-04-17"
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source: "openstates"
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source_identifier: "ocd-bill/1255c93e-d05c-489a-a110-0c6ca7377bc9"
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source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+HB1404"
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source_hash: "e82b07bdef89cff2e8b3b51c0b8acb943a0f1692f774d869e4f660d0a537479b"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia HB 1404 (2024) — Small SWaM Business Procurement Enhancement Program; established, definitions, report.
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Department of Small Business and Supplier Diversity; Small Business Procurement Enhancement Program and Women-owned and Minority-owned Business Procurement Enhancement Program established; report. Establishes the Small Business Procurement Enhancement Program with a statewide goal of 42 percent of certified small business utilization in all discretionary spending by state agencies and covered institutions in procurement orders, prime contracts, and subcontracts, as well as a target goal of 50 percent subcontracting to certified small businesses in instances where the prime contractor is not a small business for all new capital outlay construction solicitations that are issued. In addition, the bill provides for a small business set-aside for state agency and covered institution purchases of goods, services, and construction, requiring that purchases up to $100,000 be set aside for award to certified small businesses and that purchases up to $10,000 be set aside for award to microbusinesses. The bill also establishes the Women-owned and Minority-owned Business Procurement Enhancement Program with a statewide goal of 23.1 percent of certified women-owned and minority-owned business utilization in all discretionary spending by state agencies and covered institutions in procurement orders, prime contracts, and subcontracts. The bill creates the Division of Procurement Enhancement within the Department of Small Business and Supplier Diversity for purposes of collaborating with the Department of General Services, the Virginia Information Technologies Agency, the Department of Transportation, and covered institutions to further the Commonwealth's efforts to meet the goals established under the Small Business Procurement Enhancement Program and the Women-owned and Minority-owned Business Procurement Enhancement Program, as well as implementing initiatives to enhance the development of small businesses, microbusinesses, women-owned businesses, and minority-owned businesses in the Commonwealth. Finally, the bill amends the Virginia Public Procurement Act to permit public bodies to establish purchase procedures, if adopted in writing, not requiring competitive sealed bids or competitive negotiation for single or term contracts for the purchase or lease of goods, or for the purchase of services, insurance, or construction, if the aggregate or the sum of all phases is not expected to exceed $125,000. Under current law, such purchase procedures may only be established for (i) goods and services other than professional services and non-transportation-related construction, if the aggregate or the sum of all phases is not expected to exceed $200,000; (ii) transportation-related construction, if the aggregate or sum of all phases is not expected to exceed $25,000; and (iii) professional services, provided that the aggregate or the sum of all phases is not expected to exceed $80,000. The bill has a general delayed effective date of January 1, 2025, and delayed effective dates of July 1, 2025, for covered institutions, and July 1, 2026, for certain university hospitals and medical centers. The provisions of the bill creating the Women-owned and Minority-owned Business Procurement Enhancement Program sunset on July 1, 2031.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **CHAP0834** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0834)
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2. **Committee substitute printed 24106396D-H1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB1404H1)
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3. **Committee substitute printed 24107050D-H2** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB1404H2)
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4. **HB1404ER** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB1404ER)
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5. **HB1404ER2** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB1404ER2)
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6. **Presented and ordered printed 24105093D** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB1404)
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## Votes
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- Passed Senate (20-Y 19-N) — **20–19** (pass) · upper
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- Reported from Rules (9-Y 4-N) — **9–4** (pass) · upper
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- Senate concurred in Governor's recommendation (40-Y 0-N) — **40–0** (pass) · upper
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- Subcommittee recommends reporting with substitute (6-Y 2-N) — **6–2** (pass) · lower
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- VOTE: Adoption (64-Y 34-N 1-A) — **63–34** (pass) · lower
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- VOTE: Passage (73-Y 26-N) — **72–26** (pass) · lower
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- Constitutional reading dispensed (40-Y 0-N) — **40–0** (pass) · upper
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- Reported from Appropriations with substitute (15-Y 7-N) — **15–7** (pass) · lower
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- Reported from Rules with substitute (14-Y 3-N) — **14–3** (pass) · lower
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## Sponsors
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- Jeion A. Ward — primary (person)
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- Luke E. Torian — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2024-01-17** Presented and ordered printed 24105093D `introduction`
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- **2024-01-17** Referred to Committee on Rules `referral-committee`
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- **2024-01-26** Reported from Rules with substitute (14-Y 3-N) `committee-passage`
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- **2024-01-26** Committee substitute printed 24106396D-H1 `substitution`
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- **2024-01-26** Incorporates HB716 (Torian)
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- **2024-01-26** Referred to Committee on Appropriations `referral-committee`
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- **2024-01-27** Assigned App. sub: Commerce Agriculture & Natural Resources `referral-committee`
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- **2024-02-01** Impact statement from DPB (HB1404H1)
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- **2024-02-07** House subcommittee amendments and substitutes offered
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- **2024-02-07** Subcommittee recommends reporting with substitute (6-Y 2-N) `substitution`
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- **2024-02-07** Reported from Appropriations with substitute (15-Y 7-N) `committee-passage`
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- **2024-02-07** Committee substitute printed 24107050D-H2 `substitution`
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- **2024-02-09** Read first time `reading-1`
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- **2024-02-12** Read second time `reading-2`
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- **2024-02-12** Committee on Rules substitute rejected 24106396D-H1
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- **2024-02-12** Committee on Appropriations substitute agreed to 24107050D-H2 `substitution`
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- **2024-02-12** Engrossed by House - committee substitute HB1404H2 `substitution`
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- **2024-02-13** Read third time and passed House (73-Y 26-N) `passage, reading-3`
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- **2024-02-13** VOTE: Passage (73-Y 26-N) `passage`
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- **2024-02-14** Constitutional reading dispensed
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- **2024-02-14** Referred to Committee on Rules `referral-committee`
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- **2024-02-15** Impact statement from DPB (HB1404H2)
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- **2024-03-01** Reported from Rules (9-Y 4-N) `committee-passage`
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- **2024-03-04** Constitutional reading dispensed (40-Y 0-N)
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- **2024-03-05** Read third time `reading-3`
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- **2024-03-05** Passed Senate (20-Y 19-N) `passage`
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- **2024-03-25** Enrolled `enrolled`
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- **2024-03-25** Bill text as passed House and Senate (HB1404ER) `passage`
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- **2024-03-25** Signed by President `passage`
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- **2024-03-26** Signed by Speaker `passage`
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- **2024-03-27** Enrolled Bill communicated to Governor on March 27, 2024 `enrolled, executive-receipt`
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- **2024-03-27** Governor's Action Deadline 11:59 p.m., April 8, 2024 `executive-receipt`
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- **2024-04-03** Impact statement from DPB (HB1404ER)
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- **2024-04-08** Governor's recommendation received by House `executive-veto-line-item`
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- **2024-04-17** Passed by temporarily
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- **2024-04-17** House concurred in Governor's recommendation (64-Y 34-N 1-A)
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- **2024-04-17** VOTE: Adoption (64-Y 34-N 1-A)
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- **2024-04-17** Senate concurred in Governor's recommendation (40-Y 0-N)
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- **2024-04-17** Governor's recommendation adopted `executive-signature`
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- **2024-04-17** Reenrolled `enrolled`
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- **2024-04-17** Reenrolled bill text (HB1404ER2) `enrolled`
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- **2024-04-17** Signed by Speaker as reenrolled `enrolled, passage`
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- **2024-04-17** Signed by President as reenrolled `enrolled, passage`
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- **2024-04-17** Enacted, Chapter 834 (effective - see bill) `became-law`
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- **2024-04-17** Acts of Assembly Chapter text (CHAP0834)
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/1255c93e-d05c-489a-a110-0c6ca7377bc9`. Confidence: reported (aggregated from official Virginia legislature records).
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