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Subcommittee reports HB 61 as amended to Appropriations after adopting amendment on disparity study timing

Subcommittee on Procurement and Open Government, House General Laws Committee · February 4, 2026

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Summary

HB 61, a bill to codify Virginia’s small, women- and minority-owned business procurement program, was reported as amended to Appropriations by a 6–3 vote after the subcommittee adopted an amendment excluding the Virginia Passenger Rail Authority and adjusting the disparity-study timing language.

Delegate Ward presented HB 61 to codify an existing SWaM (small, women-, minority-, veteran- and disabled-owned business) procurement enhancement program into the Virginia code, arguing that executive orders have driven measurable gains and that codification protects those gains from changes in administration.

During questions, Delegate Wiley expressed concern that a 42% subcontracting threshold could be difficult to meet in rural areas and could leave only a single qualified subcontractor—raising prices and limiting competition. In public testimony, Gwendolyn Davis, chair of Equipping Businesses for Success Institute, said the disparity for small business owners "is egregious" and voiced support for codification; Chris Stone, past chair of the Hampton Roads Chamber of Commerce, urged caution, saying that "by codifying the 42% it may be premature" while a disparity study ordered by the General Assembly is still being finalized.

Committee counsel read an amendment that removes the Virginia Passenger Rail Authority from the definition of executive-branch agency and adds an enactment clause treating the most recent disparity study as the baseline so the next study would be due five years after publication (counsel read language proposing a due date of 01/01/2031). Delegate Simon moved to adopt the amendments, the subcommittee approved them by voice vote, and then moved to report HB 61, as amended, to Appropriations. The clerk recorded the roll and the bill was recommended to report as amended and referred to Appropriations on a vote of 6 to 3.

The subcommittee’s actions advance HB 61 to Appropriations with the committee’s adopted amendment; the transcript records discussion of certification and outreach (including the Department of Procurement-related assistance) and stakeholder requests that the procurement work group continue consideration of structural issues such as small-business definitions and disparity-study timing.