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2021 Session

Budget Amendments - SB1100 (Member Request)

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Chief Patron: Hanger
Definition of Small Business (language only)

Item 128 #1s

Item 128 #1s

Commerce and Trade
Department of Small Business and Supplier Diversity

Language

Page 122, after line 37, insert:

"I.1.Notwithstanding § 2.2-1604, Code of Virginia, "Small business" shall be defined as 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.

2. Notwithstanding § 2.2-4310, Code of Virginia, and for purposes of the Commonwealth's SWaM program certification, “Small business" shall mean (i) a business, independently owned and controlled by one or more individuals, or (ii) 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."



Explanation

(This amendment would amend the definition of small business to include certain co-ops. This amendment is to complement the underlying purpose of SB 1369.)