BILL REQ. #: Z-0397.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 02/18/13. Referred to Committee on Community Development, Housing & Tribal Affairs.
AN ACT Relating to veteran-owned businesses; amending RCW 43.60A.190, 43.60A.195, and 43.60A.200; and reenacting and amending RCW 43.60A.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.60A.010 and 2010 1st sp.s. c 7 s 117 and 2010 c 5
s 2 are each reenacted and amended to read as follows:
As used in this chapter the following words and phrases shall have
the following meanings unless the context clearly requires otherwise:
(1) "Committee" means the veterans affairs advisory committee.
(2) "Department" means the department of veterans affairs.
(3) "Director" means the director of the department of veterans
affairs.
(4) "Goods and services" includes professional services and all
other goods and services.
(5) "Procurement" means the purchase, lease, or rental of any goods
or services.
(6) "State agency" includes the state of Washington and all
agencies, departments, offices, divisions, boards, commissions, and
correctional and other types of institutions.
(7) "Veteran-owned business" means a business that is certified by
the department to be at least fifty-one percent owned and controlled
by:
(a) An owner or officers, if a corporation, that are residents of
the state of Washington;
(b) A business in which the principal office is in the state of
Washington;
(c) A veteran-owned business that is jointly owned by spouses or
domestic partners may qualify if the veteran is involved in day-to-day
business operations;
(d) A veteran as defined in RCW 41.04.007; or
(((b))) (e) An active or reserve member in any branch of the armed
forces of the United States, including the national guard, coast guard,
and armed forces reserves.
Sec. 2 RCW 43.60A.190 and 2008 c 187 s 1 are each amended to read
as follows:
(1) The department shall:
(a) Develop and maintain a current list of veteran-owned
businesses; and
(b) Make the list available on the department's public web site.
(2) To qualify as a veteran-owned business, the business must be at
least fifty-one percent owned and controlled by:
(a) An owner or officers, if a corporation, that are residents of
the state of Washington;
(b) A business in which the principal office is in the state of
Washington;
(c) A veteran-owned business that is jointly owned by spouses or
domestic partners may qualify if the veteran is involved in day-to-day
business operations;
(d) A veteran as defined in RCW 41.04.007; or
(((b))) (e) An active or reserve member in any branch of the armed
forces of the United States, including the national guard, coast guard,
and armed forces reserves.
(3) To participate in the linked deposit program under chapter
43.86A RCW, a veteran-owned business qualified under this section must
be certified by the department as a business:
(a) In which the veteran owner possesses and exercises sufficient
expertise specifically in the business's field of operation to make
decisions governing the long-term direction and the day-to-day
operations of the business;
(b) That is organized for profit and performing a commercially
useful function; and
(c) That meets the criteria for a small business concern as
established under chapter 39.19 RCW.
(4) The department shall create a logo for the purpose of
identifying veteran-owned businesses to the public. The department
shall put the logo on an adhesive sticker or decal suitable for display
in a business window and distribute the stickers or decals to veteran-owned businesses listed with the department.
(5)(a) Businesses may submit an application on a form prescribed by
the department for inclusion on the list or to apply for certification
under this section.
(b) The department must notify the state treasurer of veteran-owned
businesses that are no longer certified under this section. The
written notification to the state treasurer must contain information
regarding the reasons for the decertification and information on
financing provided to the veteran-owned business under RCW 43.86A.060.
(6) The department may adopt rules necessary to implement this
section.
Sec. 3 RCW 43.60A.195 and 2010 c 5 s 3 are each amended to read
as follows:
(1) The department shall develop a procedure for certifying
veteran-owned businesses and maintain a list of veteran-owned
businesses ((on the department's public web site)) to be accessible for
all state agencies and educational institutions. The department shall
work with the department of enterprise services to provide access to a
centralized list of certified veteran-owned businesses.
(2) The department shall adopt rules necessary to implement chapter
5, Laws of 2010. The department shall consult agencies to determine
what specific information they must report to the department.
(3) The department ((shall collaborate with and may assist agencies
in implementing outreach to veteran-owned businesses)) and the
department of enterprise services shall work together to develop a
comprehensive plan insuring that certified veteran-owned businesses are
provided an opportunity to participate in public contracts for public
works and goods and services.
Sec. 4 RCW 43.60A.200 and 2010 c 5 s 4 are each amended to read
as follows:
(1) State agencies are encouraged to award ((three)) five percent
of all procurement contracts ((that are exempt from competitive bidding
requirements under RCW 43.19.1906(2))) under chapters 39.04, 39.26,
39.80, and 47.28 RCW to veteran-owned businesses certified by the
department under RCW 43.60A.195.
(2) State agencies shall:
(a) Perform outreach to veteran-owned businesses in collaboration
with the department to increase opportunities for veteran-owned
businesses to sell goods and services to the state; and
(b) ((Work to match)) Provide agency ((procurement)) contracting
records annually to match with the department's database of certified
veteran-owned businesses to establish how many procurement contracts
are being awarded to those businesses.
(3) Beginning January 1, 2014, the department shall report annually
on all state agencies and educational institutions contracting with
veteran-owned businesses.