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Bills to Watch

01/16/2018 1:00 PM | Katie Hellebush (Administrator)

HB237 (Kilgore) One-stop small business permitting program. 

Extends the date by which the State Corporation Commission and the Department of Small Business and Supplier Diversity are required to complete aspects of the one-stop small business permitting program from June 30, 2018, to January 1, 2020. The measure also (i) deletes a provision regarding the implementation of a hyperlink in 2014, (ii) amends the description of the processes to be established for the electronic collection and exchange of data or information, and (iii) deletes requirements for biannual progress reports.


HB471 (Reid) State and local tax and regulatory exemptions for new small businesses. 

Exempts new small businesses from (i) payment of unemployment, sales and use, and local license taxes and (ii) certain registration and reporting requirements with the State Corporation Commission. The bill defines an eligible business as any business that has its principal place of business in the Commonwealth, has not been in existence for more than five years, and has fewer than six employees or has paid less than $5,000 for the purchase or lease of business personal property, including machinery and tools and merchants' capital, since its inception.


HB513 (Wilt) Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report. 

Changes the definition of small business, beginning July 1, 2019, to meet the small business size standards established by the regulations of the U.S. Small Business Administration. The bill provides that any business entity that the Department of Small Business and Supplier Diversity (the Department) has certified as a small business prior to July 1, 2019, shall have such certification extended for a three-year period. The bill also provides that the Director of the Department adopt regulations that will, beginning July 1, 2019, establish a three-year certification period for small businesses to be based on the dominant business activity of each small business entity. The bill (i) includes a definition of "dominant business activity"; (ii) provides for the Department to enter into a memorandum of understanding with appropriate agencies establishing provisions for the sharing of information consistent with the requirements of state and federal law; (iii) authorizes the Director to terminate a contract with any independent certifying entities to assist in the certification of small, women-owned, and minority-owned businesses based on performance or a written determination by the Director that continuing the contract is not practicable, and (iv) requires the Secretary of Commerce and Trade to evaluate the effect of the implementation of the new definition at three-year intervals, reporting to the Governor and General Assembly by December 1, 2022, and December 1, 2025.


HB725 (Plum) Department of Small Business and Supplier Diversity; Virginia Public Procurement Act; definition of small business. 

Changes the requirements of the definition of small business for the purposes of programs of the Department of Small Business and Supplier Diversity and the Virginia Public Procurement Act to require the business, together with affiliates, to have 250 or fewer employees and average annual gross receipts of $10 million or less averaged over the previous three years. Currently for these programs, a business is required to meet one or the other of these conditions to be considered a small business.

HB726 (Plum) Virginia Public Procurement Act; small business and microbusiness procurement enhancement program. Codifies the Governor's Executive Order 20 (2014) establishing a statewide small business and microbusiness procurement enhancement program. The bill establishes a statewide goal of 42 percent of small and microbusiness utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts. In addition, the bill provides for (i) a set-aside for competition among all small businesses for state agency purchases up to $100,000 for goods and nonprofessional services and up to $50,000 for professional services and (ii) a set-aside for competition among microbusinesses for purchases under $10,000.


HB1048 (Torian) Employer-Sponsored Retirement Plans Grant Fund. 

Directs the Department of Small Business and Supplier Diversity (the Department) to administer a grant program to incentivize small businesses to provide retirement plans for their employees. The bill defines small business as a business with 50 or fewer employees. The bill (i) establishes the Employer-Sponsored Retirement Plans Grant Fund, funded by the general appropriation act, from which such grants shall be disbursed and (ii) directs the Department to establish criteria for determining the amount of the grant to be awarded.


HB1300 (Lopez) Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report.


HB1340 (Bloxom) Emergency services and disaster law; expedited inspections required for small businesses. 

Provides that in the event that a small business has been impacted by a disaster for which the Governor has declared a state of emergency, any agency of state or local government responsible for conducting inspections for compliance with minimum established standards for health and safety shall conduct any such inspections as are required for the small business to resume normal business operations within 15 days of receipt of a request for an inspection made by such small business. The bill defines "small business" as an independently owned and operated business that, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.

HB1341 (Bloxom) Small Business Financing Authority (Authority); Virginia Small Business Emergency Bridge Loan Fund created. 

Creates the Virginia Small Business Emergency Bridge Loan Fund (the Fund) to provide short-term direct loans to eligible small businesses impacted by a disaster for which a state of emergency has been declared. The bill provides that the Fund shall be managed and administered by the Authority with guidance from the Director of the Department of Small Business and Supplier Diversity and that loans provided from the Fund shall be (i) for a minimum amount of $1,000 up to a maximum amount of $5,000, (ii) provided interest-free, and (iii) repaid by the end of the loan term, which term shall be set by the Authority for a minimum of 90 days but not to exceed 180 days.

SB318 (Ruff) Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report. 

Changes the definition of small business, beginning July 1, 2019, to meet the small business size standards established by the regulations of the U.S. Small Business Administration. The bill provides that any business entity that the Department of Small Business and Supplier Diversity (the Department) has certified as a small business prior to July 1, 2019, shall have such certification extended for a three-year period. The bill also provides that the Director of the Department adopt regulations that will, beginning July 1, 2019, establish a three-year certification period for small businesses to be based on the dominant business activity of each small business entity. The bill (i) includes a definition of "dominant business activity"; (ii) provides for the Department to enter into a memorandum of understanding with appropriate agencies establishing provisions for the sharing of information consistent with the requirements of state and federal law; (iii) authorizes the Director to terminate a contract with any independent certifying entities to assist in the certification of small, women-owned, and minority-owned businesses based on performance or a written determination by the Director that continuing the contract is not practicable, and (iv) requires the Secretary of Commerce and Trade to evaluate the effect of the implementation of the new definition at three-year intervals, reporting to the Governor and General Assembly by December 1, 2022, and December 1, 2025.

For more information about legislation and resources important to small business, please visit the Virginia Department of Small Business and Supplier Diversity at https://www.sbsd.virginia.gov/about-us/legislation/. 


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