HB 61Virginia House of Delegates·2026 Regular Session
Small SWaM Business Procurement Enhancement Program; established, report.
Summary
Department of Small Business and Supplier Diversity; Small SWaM Business Procurement Enhancement Program established. Establishes the Small SWaM Business Procurement Enhancement Program with a statewide goal of 42 percent of certified small SWaM business, as such term is defined in the bill, utilization in all discretionary spending by executive branch agencies and covered institutions in procurement orders, prime contracts, and subcontracts, as well as a target goal of 50 percent subcontracting to small SWaM businesses in instances where the prime contractor is not a small SWaM business for all new capital outlay construction solicitations that are issued. The bill provides that executive branch agencies and covered institutions are required to increase their small SWaM business utilization rates by three percent per year until reaching the 42-percent target or, if unable to do so, to implement achievable goals to increase their utilization rates. In addition, the bill provides for a small SWaM business set-aside for executive branch agency and covered institution purchases of goods, services, and construction, requiring that purchases between $10,000 and $200,000 be set aside for award to certified small SWaM businesses, and a microbusiness set-aside for such purchases, requiring that such purchases up to $10,000 be set aside for award to microbusinesses.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, the State Council of Higher Education for Virginia, and covered institutions to further the Commonwealth's efforts to meet the goals established under the Small SWaM Business Procurement Enhancement Program, as well as implementing initiatives to enhance the development of small businesses, microbusinesses, women-owned businesses, minority-owned businesses, and service disabled veteran-owned businesses in the Commonwealth.Finally, the bill requires the Director of the Department of Small Business and Supplier Diversity to conduct, or contract with an independent entity to conduct, a disparity study every five years, with the next disparity study due no later than January 1, 2031. The bill specifies that such study shall evaluate the need for enhancement and remedial measures to address the disparity between the availability and the utilization of women-owned and minority-owned businesses.
Bill statusvetoed4 of 5 stages cleared
Introduction
Dec 2025
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Vetoed
Apr 2026
Introduced Dec 30, 2025Vetoed Apr 13, 2026
Maddy AI version diff · 4 comparisons
What changed between versions
General Laws and Technology Substitute→Finance and Appropriations Substitute·5 edits
MODERATE
The bill was amended by the Finance and Appropriations Committee to update administrative details, correct a definition error, and clarify the timeline for a required disparity study. The most significant substantive change is the addition of a new definition for 'Microbusiness set-aside,' which establishes a specific procurement category for microbusinesses, even though the main program section does not yet specify a dollar threshold for this set-aside. Additionally, the deadline for the next disparity study was adjusted from January 1, 2031, to a later date to account for the 2025 study being published in 2026.
Scope change
The scope of the bill remains focused on enhancing procurement for small, women-owned, and minority-owned businesses, but the applicability of the new 'microbusiness set-aside' definition is now formally recognized within the code.
DEFINITION
Added a new definition for 'Microbusiness set-aside' to formally recognize a procurement category reserved for microbusinesses, though specific spending thresholds for this category are not yet defined in the text.
TIMELINE
Adjusted the deadline for the next required disparity study to January 1, 2031, ensuring the 2025 study (published in 2026) is counted correctly toward the five-year cycle.
TECHNICAL
Corrected a typo in the definition of 'Service disabled veteran-owned business' by removing the redundant word 'veteran' from the phrase 'Service disabled veteran veteran-owned business'.
Updated the committee attribution from 'General Laws and Technology' to 'Finance and Appropriations' and changed the proposal date to March 3, 2026.
Corrected a grammatical error in the definition of 'State agency' by changing 'shall does not include' to 'does not include'.
Enrolled→General Laws and Technology Substitute·3 edits
MINOR
The document provided is a formatting diff between an 'Enrolled' bill and a 'General Laws and Technology Substitute' draft. The substantive policy language, including definitions, procurement goals, and reporting requirements, appears identical in both versions. The primary differences are structural: the removal of the official 'Enrolled' header and the addition of placeholder page numbers and draft metadata typical of a working legislative substitute.
TECHNICAL
Removed the official 'Enrolled' status header and chapter title that indicated the bill had been passed by the General Assembly.
Added draft metadata, including placeholder page numbers and the title 'Amendment in the Nature of a Substitute,' indicating this is a working version of the bill rather than the final enacted text.
Reformatted the text layout, converting the original continuous text into a numbered page structure with line breaks and draft headers.
Engrossed→Enrolled·3 edits·Mar 13, 2026
MINOR
The bill was finalized from its 'Engrossed' version to 'Enrolled' status, meaning it is ready for the Governor's signature. The substantive policy text regarding the Small SWaM Business Procurement Enhancement Program, definitions, and reporting requirements remained unchanged, but the document was reformatted with significant spacing adjustments and minor punctuation corrections.
Scope change
No change in the scope or applicability of the law; the bill covers the same agencies, businesses, and procurement goals as the previous version.
TECHNICAL
The document layout was altered with the addition of numerous blank lines and spacing adjustments throughout the text, likely due to formatting during the final enrollment process.
Minor punctuation corrections were made, such as changing 'However' to 'However,' and adjusting spacing around periods and commas.
The header information was updated to reflect 'ENROLLED' status and included the final act number (HB61ER) and approval date, replacing the 'ENGROSSED' and amendment date headers.
Introduced→Engrossed·1 edit·Mar 13, 2026
MINOR
The bill was amended to exclude the Virginia Passenger Rail Authority from the definition of 'executive branch agency,' preventing it from being subject to the new Small SWaM Business Procurement Enhancement Program. This change ensures the rail authority is not required to meet the specific procurement utilization goals and reporting requirements mandated for other state agencies.
Scope change
The bill's scope was narrowed by adding an exemption for the Virginia Passenger Rail Authority, which is no longer required to comply with the new procurement enhancement rules.
ELIGIBILITY
Added a specific exclusion stating that the Virginia Passenger Rail Authority is not considered an 'executive branch agency' for the purposes of this bill.
Floor votes · Senate Mar 3, 2026 · House of Delegates Feb 17, 2026
How they voted
39–0
Passed
Total votes 39
Mar 3, 2026
D
Democratic20
20 Yea
100% Yea
R
Republican19
19 Yea
100% Yea
Your representatives
Vote distribution
All YeaAll NayMixedNo data
53–32
Passed · 2 other
Total votes 87
Feb 17, 2026
D
Democratic52
51 Yea1
98% Yea
R
Republican35
2 Yea32 Nay1
91% Nay
Your representatives
Vote distribution
All YeaAll NayMixedNo data
Full legislative history
Actions timeline
Total actions
42
Key actions
15
Committee
12
Amendments
2
Apr 13, 2026
Vetoed
Governor's recommendation received by House
executive
Mar 17, 2026
Other
Fiscal Impact Statement from Department of Planning and Budget (HB61)
lower
Mar 14, 2026
Executive-Receipt
Governor's Action Deadline 11:59 p.m., April 13, 2026
executive
Mar 14, 2026
Enrolled
Enrolled Bill communicated to Governor on March 14, 2026
lower
Mar 13, 2026
Upper · Passed
Signed by President
upper
Mar 13, 2026
Lower · Passed
Signed by Speaker
lower
Mar 13, 2026
Lower · Passed
Bill text as passed House and Senate (HB61ER)
lower
Mar 13, 2026
Enrolled
Enrolled
lower
Mar 11, 2026
Other
Fiscal Impact Statement from Department of Planning and Budget (HB61)
lower
Mar 6, 2026
Substitution
Senate substitute agreed to by House (62-Y 36-N 0-A)
lower
Mar 4, 2026
Upper · Passed
Passed Senate with substitute (21-Y 19-N 0-A)
upper
Mar 4, 2026
Substitution
Engrossed by Senate - committee substitute
upper
Mar 4, 2026
Other
Finance and Appropriations Substitute agreed to
upper
Mar 4, 2026
Failure
General Laws and Technology Substitute rejected
upper
Mar 4, 2026
Reading-3
Read third time
upper
Mar 4, 2026
Substitution
Committee substitute printed 26109055D-S2
upper
Mar 3, 2026
Upper · Passed
Passed by for the day (Voice Vote)
upper
Mar 3, 2026
Reading-2
Constitutional reading dispensed (on 2nd reading) (40-Y 0-N 0-A)
upper
Mar 3, 2026
Other
Rules suspended
upper
Mar 3, 2026
Upper · Passed
Reported from Finance and Appropriations with substitute (10-Y 5-N)
upper
Mar 2, 2026
Other
Fiscal Impact Statement from Department of Planning and Budget (HB61)
lower
Feb 26, 2026
Substitution
Committee substitute printed 26108648D-S1
upper
Feb 25, 2026
Upper · Passed
Reported from General Laws and Technology with substitute and rereferred to Finance and Appropriations (9-Y 6-N)
upper
Feb 25, 2026
Upper · Passed
Senate committee offered
upper
Feb 23, 2026
Other
Fiscal Impact Statement from Department of Planning and Budget (HB61)
lower
Feb 18, 2026
Committee
Referred to Committee on General Laws and Technology