ALABAMA - AL State Legislature

H.B. 27 creates the Alabama Boxing Commission; subsection (b) requires promoters to post a performance bond in an amount and under any conditions required by the Commission; provides that the Commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b). (5-1-07: Passed the House, transmitted to Senate; read first time, referred to committee)
H.B. 175 relates to off-road vehicles and ATVs; certificate of title required for model year 2005 and thereafter; contains provisions for a certificate of title bond. (4-11-07: In House; read second time, placed on calendar 5 pending third reading on day 13; favorable from Agriculture, Conservation and Forestry)
H.B. 268 provides that the awarding authority may require bidders to furnish a bid bond on any contract if bonding is available for the services, equipment or materials; removes the $10,000 minimum contract price. (3-8-07: In House; read first time, referred to Government Operations Committee)
H.B. 339 relates to competitive bidding by local governmental and educational instrumentalities; authorizes a local preference where the bid from a local vendor is greater than the bid of the lowest responsible bidder; provides for making an award to the second lowest responsible bidder in the event that the lowest responsible bidder defaults under the bid award. (5-3-07: In Senate; read second time, placed on calendar)
H.B. 698 concerns the sale of preneed funeral and cemetery merchandise and services; provides that the amount of the initial surety bond of a newly authorized preneed provider with no outstanding liability shall be set by the commissioner in the amount certified by the preneed provider as the amount of outstanding liability expected to be incurred in the next 12 months. (4-26-07: In House; read second time, placed on calendar pending third reading on Day 16; favorable from Banking and Insurance)
H.B. 708 establishes title law specifically for manufactured homes; provides that every dealer may qualify as a designated agent of the department. Dealers are required to post a $50,000 bond. (5-2-07: In House; read second time, placed on calendar; favorable from Commerce with one substitute)
H.B. 749 revises the motor fuel tax collection and enforcement system; approved applicants shall file the following bond: supplier, permissive supplier, terminal operator or importer - $2,000,000; exporter, blender or distributor ? minimum of $2,000 or an amount equal to two months tax liability, whichever is greater; motor fuel transporter ? no bond. (4-24-07: Introduced in House; read first time, referred to Government Appropriations)
H.B. 790 requires regulated heating, air conditioning and refrigeration contractors to post a $15,000 performance bond; requires continuing education every year instead of every other year. (5-1-07: Introduced in House; read first time, referred to Boards and Commissions)
S.B. 44 is similar to H.B. 27. (3-13-07: In Senate; read second time, placed on calendar pending third reading on day 4; reported as favorable from Government Affairs)
S.B. 233 is similar to H.B. 339. (3-22-07: In Senate; read second time, placed on calendar pending third reading on day 7; favorable from Government Affairs)
S.B. 331 relates to auctioneers; licensure and regulation further provided for; Internet auctions licensing required; complaint procedure altered. (3-29-07: In Senate; read first time, referred to Governmental Affairs)
S.B. 410 is the Senate companion to H.B. 698. (4-12-07: In Senate; read first time, referred to Economic Expansion and Trade)
S.B. 428 relates to Crenshaw County; requires an additional bond of the Judge of Probate. The Judge of Probate of Crenshaw County shall perform all duties relative to the assessment and collection of taxes on motor vehicles, motor vehicle titles, and non-motorized vehicles in Crenshaw County which the revenue commissioner is required under the law to perform. Before entering upon the additional duties imposed by this act, the judge of probate shall execute an additional bond in a sum prescribed by a written recommendation to the judge of probate from the Examiners of Public Accounts. (4-24-07: In Senate; read first time, referred to Local Legislation; favorable from Local Legislation)
S.B. 442 is similar to H.B. 790. (5-3-07: In Senate; favorable from Governmental Affairs with one amendment)

ALASKA - AK State Legislature

ARIZONA - AZ State Legislature

H.B. 2406 relates to contractors; concerns retention money and interest accounts; provides that at the option of the subcontractor and in lieu of the retention, the financier, owner or contractor shall accept in writing as a substitute any of the following: ...(B) a performance bond. (3-20-07: Passed the House, transmitted to Senate; second read)
H.B. 2463 relates to contractors; persons required to be registered must provide proof of a surety bond; the Registrar must be notified of any change in address or telephone number within 30 days; the Registrar shall impose a civil penalty of not more than $1,000 per violation for failure to maintain a surety bond, among other things. (1-24-07: In House; read second time)
H.B. 2607 relates to indemnity agreement in construction and architect-engineer contracts; excludes agreements for indemnification of a surety on a payment or performance bond by its principal or indemnitors. (3-15-07: Passed the House, transmitted to the Senate; assigned to Rules Committee; second read)
S.B. 1635 relates to freeway acceleration and sensible transportation lanes; requires private entities entering into a contract to provide a performance bond or other ?surety? for the project as the Department may reasonably require. (2-13-07: In Senate; Transportation Committee recommends do pass)

ARKANSAS - AR General Assembly

NEW LAW ? H.B. 1387 (approved on 4-4-07; Act 874) promotes insurance coverage for construction contracts and to protect the construction industry from insurance policy limitations; adds an additional section which provides that hold harmless clauses in public construction contracts are unenforceable; defines terms.
NEW LAW ? H.B. 1753 (approved on 4-4-07; Act 939) amends the State Sewage Disposal Systems Act; eliminates the bond requirement for sewage disposal systems installers.
NEW LAW ? H.B. 1808 (approved on 4-4-07; Act 950) provides for a general improvement appropriation to the disbursing officer of the Department of Finance and Administration for the Small Contractors Surety Bonding and Mentor Protge Training Pilot Program.
NEW LAW ? H.B. 2225 (signed by the Governor on 3-22-07; Act 450) provides that no surety bond is necessary for licensure for an amusement device operator that limits the placement of devices to county, district and state fairs for less than three months per year.
H.B. 2450 provides that no bond shall be required for a public construction contract totaling $20,000 or less. (5-1-07: Died in committee at Sine Die adjournment)
H.B. 2467 regulates licensed and unlicensed residential building contractors; requires contractors to post a bond. (3-29-07: Died in committee)
H.B. 2482 establishes the special needs scholarship program; requires institutions to demonstrate their financial viability by showing they can repay any funds owed the state if they are to receive $50,000 or more during the school year by (a) filing with the department, prior to the start of the school year, a surety bond in an amount equal to the aggregate amount of the special needs scholarships expected to be paid during the school year to eligible students admitted. (5-1-07: Died in committee at Sine Die adjournment)
H.B. 2483 establishes the parental choice scholarship program; establishes the special needs scholarship program; requires institutions to demonstrate their financial viability by showing they can repay any funds owed the state if they are to receive $50,000 or more during the school year by (a) filing with the department, prior to the start of the school year, a surety bond in an amount equal to the aggregate amount of the parental choice scholarships expected to be paid during the school year to eligible students admitted. (5-1-07: Died in committee at Sine Die adjournment)
H.B. 2510 reestablishes fairness, transparency and competition in the bidding practices for the construction of publicly funded buildings, infrastructure and facilities; the following subsection is being eliminated: (f)(1) Construction contracts for the projects shall not be entered into without a payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. (5-1-07: Died in committee at Sine Die adjournment)
NEW LAW ? H.B. 2518 (approved on 4-9-07; Act 1595) adopts the Uniform Money Services Act; provides that except as otherwise provided in subsection (b), a surety bond, letter of credit or other similar security acceptable to the commissioner in the amount of $50,000 plus $10,000 per location, not exceeding a total addition of $ 250,000, must accompany an application for a license.
NEW LAW ? H.B. 2602 (approved on 4-3-07; Act 832) requires financial assurance to operate nonmunicipal domestic sewage treatment works in the state; may be in the form of a surety bond.
H.B. 2608 concerns the family education tax credit act; demonstrate financial viability if they are to receive contributions of $50,000 or more during the school year by filing a surety bond in an amount equal to the aggregate amount of contributions expected to be received during the school year. (5-1-07: In House; Died in committee at Sine Die adjournment)
NEW LAW ? H.B. 2713 (approved on 4-9-07; Act 1603) amends the Transient Merchant Licensing Act of 1983; the $2,000 bond requirement remains.
NEW LAW ? S.B. 275 (signed by the Governor on 3-29-07; Act 583) eliminates the $5,000 bond requirement for burial associations.

CALIFORNIA - CA State Assembly

A.B. 69 repeals the check sellers, bill payers and proraters law and enacts the Uniform Debt Settlement Services Act. Commencing June 1, 2008, this bill would provide for the registration and regulation of persons who provide, offer to provide, or agree to provide debt settlement services, as defined, directly or through others. (4-24-07: In Assembly; amended; re-referred to Banking and Finance)
A.B. 113 provides that any general acute care hospital that is designated as an essential community facility pursuant to this section shall furnish a performance security in the form of a performance bond, in an amount determined by the county board of supervisors. (5-2-07: In Assembly Appropriations; first hearing set; referred to suspense file)
A.B. 610 relates to the Small Business Expansion Fund, which is created under the law and continuously appropriated; provides funds to be used to pay for defaulted loan guarantees and administrative costs; limits the amount of guarantee liability outstanding with respect to these funds to five times the amount of funds on deposit in the expansion fund or in a corporation?s trust fund account. (5-10-07: In Assembly Appropriations; first hearing set; referred to suspense file)
A.B. 916 relates to design-build contracts; specifies that projects do not include the construction or improvement of a building that is owned and operated as part of a public airport. (5-10-07: Referred to Local Government; from Committee, do pass as amended)
A.B. 1036 authorizes a sanitation district, with the approval of the appropriate governing body in the County of Nevada, to enter into design-build contracts; shall possess or obtain sufficient bonding to cover the contract amount for non-design services and errors and omissions insurance coverage sufficient to cover all design and architectural services provided in the contract. (4-25-07: In Local Government; first hearing cancelled)
A.B. 1070 establishes specified procedures for the Legislature to advertise for bids, accepting bids and awarding contracts; provides that all bids shall be presented under sealed cover and accompanied by cash, cashier?s check, certified check or a bidder?s bond. (4-18-07: Re-referred to Business and Professions)
A.B. 1076 modifies provisions of existing law that relate to the payment of prevailing wages on public works projects by contractors and subcontractors and the procedures if such wages are not paid, to provide that an affected contractor, subcontractor or surety become liable for liquidated damages after 60 days following the service of assessment or notice of withholding, only if no request for a hearing has been made. Requires those affected to pay all wages due within a specified timeframe. (4-23-07: From Committee; re-referred to Appropriations)
A.B. 1356 requires the representative of an equity purchaser to demonstrate financial responsibility by providing written proof of and a statement under penalty of perjury that he or she has any of the following: professional liability coverage or a surety bond in an amount equal to at least twice the value of the property subject to the contract. (4-24-07: In Judiciary; first hearing cancelled)
A.B. 1491 requires the Department of Transportation to establish a Small and Emerging Contractor Technical Assistance Program for the purpose of providing training and technical assistance to small contractors to improve their ability to secure surety bonds and liability insurance to qualify for public works construction projects. Authorizes the department to charge a fee to participate in the program and to award a certificate upon the completion of the program. (5-1-07: In Assembly; from Committee, re-referred to Appropriations)
A.B. 1510 authorizes the County of Kern to use the design-build process; requires performance and payment bonds. (3-29-07: In Assembly; referred to Local Government)
A.B. 1615 prohibits all state agencies from awarding any contract for a public works project, goods and services, and information technology goods and services to a bidder or contractor that hires an unauthorized alien; requires state agencies to verify that all of the employees of a bidder or contractor have been subject to the Basic Pilot Program Extension and Expansion Act of 2003. (4-10-07: In Assembly; set first hearing, failed passage; reconsideration granted)
A.B. 1639 relates to surplus lines brokers; provides that a surplus line broker bond is not required for an individual licensed as a surplus line broker who only transacts on behalf of a licensed surplus line broker organization. (5-3-07: In Assembly; re-referred to Appropriations)
A.B. 1695 creates the Surety Bond Guarantee Account within the California Small Business Expansion Fund; $40,000,000 shall be transferred from the State Highway Account to the Surety Bond Guarantee Account as a loan to be repaid. (5-1-07: In Assembly; re-referred to Appropriations)
A.C.R. 35 - Resolved by the Assembly of the State of California, the Senate thereof concurring, that the Legislature approves for continued study by the California Law Revision Commission the topics listed below, all of which the Legislature has previously authorized or directed the commission to study: (1) Whether the law should be revised that relates to creditors' remedies, including, but not limited to, attachment, garnishment, execution, repossession of property (including the claim and delivery statute, self-help repossession of property, and the Commercial Code provisions on repossession of property), confession of judgment procedures, default judgment procedures, enforcement of judgments, the right of redemption, procedures under private power of sale in a trust deed or mortgage, possessory and nonpossessory liens, insolvency, and related matters; and (2) Whether the California Probate Code should be revised, including, but not limited to, the issue of whether California should adopt, in whole or in part, the Uniform Probate Code, and related matters. (4-10-07: From Judiciary Committee, be adopted; re-referred to Appropriations with recommendation; to consent calendar)
S.B. 56 declares the intent of the legislature to authorize a demonstration program that would allow careful examination of the benefits and challenges of using a design-build method of procurement for transportation projects; authorizes certain state and local transportation entities to use a design-build process for contracting on transportation projects; requires implementation of a labor compliance program; establishes a procedure for submitting bids; payment and performance bonds would be required. (5-7-07: In Senate; re-referred to Appropriations; set for hearing on 5-14)
S.B. 442 relates to transit projects and design-build contracting; authorizes the Orange County Transit District to enter into design-build contracts for transit projects in accordance with specified provisions. (4-24-07: Set second hearing; failed passage in Committee; reconsideration granted)
S.B. 482 authorizes a tenant to purchase a bond or commercial insurance policy to secure the performance of the terms and conditions of a rental agreement in lieu of posting a security deposit with a landlord. (5-2-07: In Senate; referred to Judiciary; first hearing cancelled)
S.B. 593 relates to the State Contract Act which governs contracting between state agencies and private contractors, and sets forth requirements for the procurement of supplies, materials, equipment and services by state agencies. (5-9-07: From Committee with author?s amendments, read second time, amended; re-referred to Appropriations)
S.B. 619 relates to public contracts and retention proceeds; provides that the percentage of retention proceeds between a contractor and subcontractor may not exceed a percentage of the payment; relates to the contract price; requires the Department of General Services to withhold a percentage of the contract price until final completion and acceptance of the project; relates to bids and required bonds for public works; includes state universities. (5 8-07: In Senate Appropriations; set for hearing on 5-14)
S.B. 645 authorizes the Orange County Sanitation District to enter into design-build contracts in excess of a specified amount. (4-19-07: Read second time, to third reading)
S.B. 683 authorizes the City of Santa Paula to use the design-build process to build a wastewater plant; payment/performance bond required. (3-8-07: In Senate; referred to Local Government)
S.B. 738 relates to works of improvement. The Contractors' State License Law requires a prime contractor or subcontractor to pay to any subcontractor, not later than within 10 days of receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest therein. A similar provision applies under the State Contract Act with respect to payments made by a contractor, prime contractor or subcontractor to a subcontractor. Any contractor or his or her agent or employee who permits the violation of any contract awarded pursuant to the State Contract Act to the injury of the state, and any subcontractor or agent or employee of any contractor or subcontractor who has knowledge of any work being done in violation of any contract under the State Contract Act and does not report it is guilty of a felony punishable by imprisonment in the state prison. This bill would instead require, under both the Contractors' State License Law and the State Contract Act, a contractor, prime contractor or subcontractor, as applicable, to pay those amounts to the subcontractor not later than within 7, rather than 10, days of receipt of each progress payment. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law requires that a 20-day public work preliminary bond notice be given under specified circumstances. If the notice is not given, a claimant may enforce a claim by giving written notice to the surety and the bond principal within 15 days after recordation of a notice of completion. If no notice of completion has been recorded, the time for giving written notice to the surety and the bond principal is extended to 75 days after completion of the work of improvement. This bill would delete the provisions authorizing a claimant to enforce a claim by giving written notice to the surety and the bond principal within 15 days after recordation of a notice of completion and extending the time for giving written notice to the surety and bond principal to 75 days after completion of the work of improvement if a notice of completion has not been recorded. Existing law requires the original contractor to pay each of its subcontractors from whom retention has been withheld, each subcontractor's share of the retention received, within 10 days from the time that all or any portion of the retention proceeds are received by the original contractor. Within 10 days of receipt of written notice by the owner from the original contractor or by the original contractor from the subcontractor, as applicable, that any work in dispute has been completed in accordance with the terms of the contract, the owner or original contractor is required to advise the notifying party of the acceptance or rejection of the disputed work. Within 10 days of acceptance of the disputed work, the owner or original contractor is required to release the retained portion of the retention proceeds. This bill would require those acts to be taken within 7, rather than 10, days. (4-19-07: Set second hearing; cancelled)
S.B. 823 recasts, revises and reenacts the provisions of the Private Postsecondary and Vocational Education Reform Act of 1989 as the Private Postsecondary Education Act of 2007; establishes a board; provides that if the Board determines after notice and, if requested by the institution, a hearing, that an institution has violated this article but that the institution's approval to operate or approval to operate a branch or satellite campus or any approved program thereof should not be revoked, or that the institution should not be ordered to cease offering a class or program of instruction, the Board may do any or all of the following: (i) order the institution to post a bond. (ii) (i) any bond ordered by the Board shall be issued by an admitted surety insurer in an amount established at the discretion of the Board that is sufficient to protect students from the potential consequences of the violation. (ii) the bond shall be in favor of the State of California for the indemnification of any person for any loss, including the loss of prepaid tuition, suffered as a result of the occurrence of any violation of this chapter during the period of coverage. (iii) liability on the bond may be enforced after a hearing before the Board, after 30 days' advance written notice to the principal and surety. This subclause supplements, but does not supplant, any other rights or remedies to enforce liability on the bond. (5-7-07: Placed on Appropriations suspense file)
S.B. 935 specifies that a public utility, defined as a public entity for limited purposes, must require the payment bond of its contractors, and must submit copies of those payment bonds to the PUC or any worker or member of the public. (4-23-07: In Senate; referred to Labor and Industrial Relations; first hearing cancelled)
S.B. 1047 increases the contractors license bond from $7,500 to $12,500. (5-10-07: In Senate; to special consent calendar)

COLORADO - CO General Assembly

NEW LAW ? H.B. 1073 (signed by the Governor on 3-16-07; Eff. 8-8-07) concerns the use of the Basic Pilot Program in connection with a public contract for services in order to confirm the employment eligibility of all newly hired employees.
H.B. 1081 concerns the sale of powersports vehicles; provides that they can only be sold by persons licensed by the Motor Vehicle Dealer Board; $30,000 bond required. (5-1-07: In House; considered Senate amendments, laid over daily 5-1; concurred and repassed)
H.B. 1115 concerns payment of amounts due under a construction contract; no retainage may be withheld from a contractor by an owner, from a subcontractor by a contractor, or from a second-tier subcontractor or a supplier by a subcontractor. (3-8-07: Postponed indefinitely-DEAD)
H.B. 1151 concerns the regulation of cigarette sales; provides that a license may not be issued or renewed to a wholesaler unless evidence of a surety bond has been filed. The bond shall be in an amount equal to the wholesaler's anticipated total monthly purchase of stamps. The amount of a wholesaler's anticipated total monthly purchase shall be determined solely in the discretion of the wholesaler. For each consecutive year that a wholesaler is not delinquent in the payment of taxes imposed, as determined by the executive director of the department, the amount of the bond shall be reduced by an amount equal to 20 percentage points of the wholesaler's anticipated total monthly purchase of stamps. (3-22-07: Postponed indefinitely-DEAD)
H.B. 1159 concerns the manner in which a special district conducts a ballot issue election; requires the special district to file with a county clerk and recorder a surety bond in an amount equal to the estimated share of the coordinated election costs. (4-30-07: Sent to the Governor)
H.B. 1209 concerns the creation of a program to offer technical assistance to historically underutilized businesses in attaining the performance bonds required to bid on state procurement contracts. (5-1-07: In House; considered Senate amendments; concurred and repassed)
H.B. 1215 concerns the regulation of debt-management services; enacts the Uniform Debt-Management Services Act; requires applicants to file a $50,000 bond or such other amount as determined by the administrator. (5-3-07: In House Committee on Appropriations; postponed indefinitely-DEAD)
H.B. 1337 increases the bond for commodity handlers from not less than $10,000 nor more than $1,000,000 (currently $200,00). (4-27-07: Sent to the Governor)
S.B. 57 concerns the regulation of debt settlement services; enacts the Uniform Debt Settlement Services Act; requires providers to post a bond. (5-3-07: In Senate; considered House amendments; concurred and repassed)
NEW LAW ? S.B. 87 (signed by the Governor on 4-11-07; Eff. 7-1-07) concerns a prohibition against the shifting of financial responsibility for negligence in construction agreements.
S.B. 221 increases the motor vehicle dealer bond from $30,000 to $50,000; increases the salesperson bond from $5,000 to $15,000. (4-24-07: In Senate; considered House amendments, concurred, repassed; laid over daily)

CONNECTICUT - CT General Assembly

H.B. 5569 provides funds for payment bonds to minority contractors working on projects in Bridgeport. (1-17-07: Referred to Joint Committee on Commerce)
H.B. 7053 provides that the Department of Consumer Protection shall not issue, continue or renew a liquor permit until the licensee submits proof of financial responsibility sufficient to satisfy any claim for damages; can be a surety bond. (4-5-07: In House; referred to General Law; no action)
H.B. 7088 provides that every general bid shall be accompanied by a bid bond or a certified check in an amount which shall be 10% of the bid, provided no such bid bond or certified check shall be required in relation to any general bid in which the total estimated cost of labor and materials under the contract is less than $50,000. (2-8-07: In House; referred to Government Administration and Elections)
H.B. 7202 concerns the discharging of mechanics? liens by general contractors; allows a general contractor to cause a subcontractor?s mechanic?s lien to be discharged upon proof to the court that the subcontractor has been paid in full or that the work was performed in an unworkmanlike manner by the subcontractor. (5-1-07: In House; filed with the Legislative Commissioner?s Office)
H.B. 7392 concerns the seizure and custody of neglected or cruelly treated animals; increases the bond from $450 to $500. (5-9-07: In House; referred to Committee on Environment)
S.B. 41 establishes uniform standards for all state agencies in the area of contracting; procurements. (5-8-07: In Senate; favorable report from Planning and Development; tabled for the calendar)
S.B. 1063 concerns state contracting and the prequalification program administered by the Department of Administrative Services. Requires surety contracts to contain certain language when the contractor seeking the surety bond has a public building construction contract with the state or a municipality estimated to cost more than $500,000. (4-25-07: In Senate; reported out of Legislative Commissioners? Office)
S.B. 1143 concerns mortgage, small loan and money transmitter licensees, mortgage loans and emergency orders of the Banking Commissioner; establishes that real estate brokers and salespersons who act as a mortgage broker or originator shall be licensed or registered as such; change of location notification. (4-30-07: Filed with Legislative Commissioners? Office)
S.B. 1288 requires the licensing of private solid waste haulers; licensees shall file a $10,000 bond for each vehicle used. (2-22-07: In Senate; referred to Joint Committee on Environment)

DELAWARE - DE General Assembly

None available at this time.

FLORIDA - FL State Legislature

H.B. 985 concerns surety bonds for construction or maintenance contracts. A surety bond shall be required of the successful bidder in an amount equal to the awarded contract price. However, the department may choose, in its discretion and applicable only to multiyear maintenance contracts, to allow for incremental annual contract bonds that cumulatively total the full, awarded, multiyear contract price. For a project for which the contract price is $250,000 (currently $150,000) or less, the department may waive the requirement for all or a portion of a surety bond if it determines the project is of a noncritical nature and nonperformance will not endanger public health, safety or property. (5-4-07: In House; taken up, concurred; Committee substitute passed as amended; ordered engrossed, then enrolled)
H.B. 1077 relates to the city of Key West; removes certain surety requirement; provides that board may accept lowest cost or best bid; revises provision relating to contracts. (5-2-07: In Senate; withdrawn from Rules; placed on local calendar; read second and third times; Committee substitute passed; in House; ordered enrolled)
H.B. 1153 relates to Hillsborough County Aviation Authority; amends a special act regarding the award of contracts; increases the minimum amount at which certain contracts are subject to competitive bidding or require sureties ($15,000 to $50,000). (5-2-07: In Senate; withdrawn from Rules; placed on local calendar; read second and third times; passed; in House; ordered enrolled)
H.B. 1217 relates to winery shippers; provides requirements for licensure; shippers must file a $5,000 bond. (5-4-07: Died in Jobs & Entrepreneurship Council)
H.B. 1283 relates to black business investment; provides that the Board is authorized to establish, with or without public or private partners, guarantor funds to assist qualified black business enterprises in obtaining surety bonds and other credit instruments when required. (4-30-07: In Senate; read third time; Committee substitute passed; in House; ordered enrolled)
H.B. 1285 relates to construction liens; requires a performance bond for certain contracts with private entities for specified public works projects; requires that certain notices by claimants be in writing; provides for owner and contractor to agree to furnishing of payment bond. (5-3-07: In Senate; read third time; Committee substitute passed; in House; ordered enrolled)
H.B. 1381 relates to branch insurance agencies; authorizes certain licensed agents to be agent in charge of branch locations under certain circumstances; provides limitations; provides that public adjusters shall maintain the $50,000 bond unimpaired throughout the existence of the license and for at least one year after termination of the license. (5-2-07: In Senate; read third time; Committee substitute passed; in House; ordered enrolled)
H.B. 1395 relates to Coral Springs improvement district; increases minimum contract bid amount and provides additional requirements for procurement of goods or services. (5-2-07: In Senate; withdrawn from Rules; placed on local calendar; read second and third times; Committee substitute passed; in House; ordered enrolled)
H.B. 1447 relates to video lottery; each video lottery retailer shall post a bond in an amount determined by the department which is sufficient to guarantee the payment of revenue due in any payment period. (5-4-07: Died in Jobs & Entrepreneurship Council)
H.B. 1489 relates to public project construction bonds; specifies amounts, criteria and requirements for payment and performance bonds. (5-3-07: In House; concurred; Committee substitute passed as amended; ordered engrossed, then enrolled)
H.B. 1505 relates to regulation of venomous reptiles, including requirements for licensing for capturing, keeping, possessing, transporting or exhibiting them; increases the bond from $1,000 to $10,000. (5-1-07: Substituted by S.B. 2766; laid on table)
H.B. 7075 is similar to H.B. 985. (5-4-07: Died in Conference Committee)
S.B. 126 relates to winery shippers; requires licensees to file a $5,000 bond for payment of all taxes, unless the volume of business is such that a bond of less than $5,000 will be adequate, in which case a lesser bond will be accepted but not less than $1,000. (5-4-07: Died in Criminal Justice)
S.B. 698 relates to Florida Commercial Anti-Pornography Act; provides that in an action brought under this section, upon a motion filed by the party against whom the action is brought alleging that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may, after hearing evidence as to the necessity therefor, and after review of the alleged pornographic materials, require the party instituting the action to post a bond in an amount not to exceed $ 10,000, which the court finds reasonable to indemnify the defendant for any damages incurred, including reasonable attorney's fees. (5-4-07: Died in Commerce)
S.B. 1270 provides that contractors paid from university funds shall give bond for the faithful performance of their contracts in such amount and for such purposes as prescribed by 255.05 or by rules of the board of governors relating to the type of contract involved. It shall be the duty of the university board of trustees to require from construction contractors a bond adequate to protect the board and the board's funds involved. (4-24-07: In House; read third time; Committee substitute passed; in Senate; ordered enrolled)
S.B. 1810 creates the Florida Security and Immigration Compliance Act; prohibits public employers and the Department of Transportation from entering into contracts for physical performance of services within the state with contractors not registered and participating in the Federal Work Authorization Program by a specified date; provides procedures and requirements regarding registration of contractors and subcontractors. (5-4-07: Died in Military Affairs and Domestic Security)
S.B. 1928 relates to transportation. Notwithstanding 255.05, the Orlando-Orange County Expressway Authority may waive payment and performance bonds on construction contracts for the construction of a public building, for the prosecution and completion of a public work, or for repairs on a public building or public work that has a cost of $500,000 or less, and when the project is awarded pursuant to an economic development program for the encouragement of local small businesses that has been adopted by the governing body of the Orlando-Orange County Expressway Authority pursuant to a resolution or policy. (5-3-07: Substituted by H.B. 985)
S.B. 2090 relates to public building construction bonds; increases from $200,000 to $500,000 the value of such contract for a county, municipality, political subdivision or public authority which may be exempted from the requirement to execute payment or performance bonds. (5-4-07: Died in Regulated Industries)
S.B. 2376 clarifies provisions that require contractors who contract with state or local government for certain public buildings or public works to provide performance and payments bonds equal to the full contract amount; allows set off in amount of certain bonds required to be provided by subcontractors. (5-1-07: Substituted by H.B. 1489)
S.B. 2380 requires eligible nonpublic schools to demonstrate fiscal soundness by being in operation for one school year or provide the Department of Education with a statement by a CPA confirming that the nonpublic school desiring to participate is insured, and the owner(s) have sufficient capital or credit to operate the school for the upcoming year serving the number of students anticipated with expected revenues from tuition and other sources which may be reasonably expected. In lieu of such a statement, a surety bond or letter of credit for the amount equal to the scholarship funds for any quarter may be filed with the Department. (5-2-07: Substituted by H.B. 7145)
S.B. 2766 is the Senate companion to H.B. 1505. (5-2-07: In House; read third time; amendment failed; Committee substitute passed; in Senate; ordered enrolled)
S.B. 2768 is the Senate companion to H.B. 1285. (5-2-07: Substituted by H.B. 1285)
S.B. 2804 relates to transportation; provides that surety bonds for construction or maintenance contracts shall be required of the successful bidder in an amount equal to the awarded contract price; however, the Department may choose, in its discretion and applicable only to multiyear maintenance contracts, allow for incremental annual contract bonds that cumulatively total the full, awarded, multiyear contract price. For a project for which the contract price is $250,000 (increased from $150,000) or less, the Department may waive the requirement for all or a portion of a surety bond if it determines that the project is of a noncritical nature and nonperformance will not endanger public health, safety or property. (5-4-07: Died on calendar)
S.B. 2860 is the Senate companion to H.B. 1283. (4-27-07: Substituted by H.B. 1283)
S.B. 2880 is related to S.B. 2804. (5-4-07: Died in Transportation)
S.B. 2930 is related to H.B. 1153. (5-4-07: Died in Rules)
S.B. 2934 is related to H.B. 1077. (5-4-07: Died in Rules)

GEORGIA - GA General Assembly

H.B. 134 relates to bid bonds for public works bidding for local governments; changes certain provisions relating to cash in lieu of bid bonds and letters of credit, and acceptable substitutes for bonds. (4-30-07: Sent to the Governor)
H.B. 163 provides for licensing of persons who provide deferred presentment services; requires licensees to post a bond in the sum of $25,000 per location, not to exceed a total of $250,000. (3-27-07: In House; lost reconsidered bill/res; reconsidered)
H.B. 192 raises the threshold on certain contracts from $50,000 to $100,000. (4-27-07: Sent to the Governor)
H.B. 420 provides that all persons engaged in the business of making loans of $3,000 or less shall post a bond in the sum of $25,000 per location, not to exceed a total of $250,000. (2 15-07: In House; second readers)
H.B. 457 relates to the administrative process for the issuance of special license plates. After July 1, 2007, any party requesting a special license plate not previously authorized by this chapter shall make application with the department. The application shall include a design of the proposed license plate and a bond of $50,000 to serve as surety for moneys collected from applicants by the sponsor. (4-30-07: Sent to the Governor)
H.B. 560 provides that any person or business which offers for sale a photographic speed detection device shall be registered with the Secretary of State and shall post a $5,000 bond for each device to be sold in the state. (2-28-07: In House; second readers)
H.B. 563 relates to state license requirements and regulations for the manufacture, distribution and sale of malt beverages; surety bond required in the same manner as required pursuant to Code Section 3-5-25.1. (2-28-07: In House; second readers)
H.B. 789 provides that any private person who operates a public water system pursuant to contract with a county, municipality or local government authority shall be required to give a performance bond, payable to the county, municipality or local government authority and issued by an insurance company authorized to issue such bonds in this state, conditioned upon faithful compliance with the contract and in such amount as determined by the county, municipality or local government authority as necessary to assure the continued supply of water in accordance with such contract. No such contract for which a performance bond is required shall be valid for any purpose unless the contractor shall give such performance bond. (3-30-07: In House; second readers)
H.B. 798 requires pharmacy benefits managers to maintain a fidelity bond equal to one percent of the amount of funds handled or managed annually. (4-11-07: In House; second readers)
S.B. 70 provides that the amount of the bond for check sellers shall be increased by an additional $ 5,000.00 for each location, other than the licensee's primary place of business, at or through which the applicant proposes to engage in the business of selling or issuing checks in this state, until the principal sum of the bond shall total a maximum of $250,000.00. (4-26-07: Sent to the Governor)

HAWAII - HI State Legislature

H.B. 70 allows the state to enter into agreements with private entities to build, operate, own or finance transportation facilities, including toll highways; requires a private partner to provide performance and payment bonds, etc., the penal sum or amount of which may be less than 100% of the value of the contract involved. (3-8-07: In Senate; passed first reading, referred to Transportation & International Affairs/Tourism; Government Operations; Ways and Means)
H.B. 184 enacts Uniform Debt-Management Services Act; requires registration of providers; requires providers to post a surety bond in the amount of $50,000 or other larger or smaller amount that the administrator determines is warranted by the financial condition and business experience of the provider. (1-22-07: In House; referred to Consumer Protection & Commerce/Judiciary, Finance)
H.B. 430 requires check cashers to give and keep in force a $5,000 bond. (2-9-07: In House; Judiciary Committee recommends the measure be deferred)
H.B. 1040 amends and updates provisions for the licensing and regulation of escrow depositories; increases the net worth or bond amount from $50,000 to $250,000. (1-31-07: In House; hearing held)
H.B. 1315 clarifies who is exempt from mortgage brokers and solicitors provisions and what constitutes prohibited activity; establishes license application requirements and includes a written examination of the applicant or its designated responsible individual, along with a $50,000 bond requirement for a licensee; establishes biennial license renewal which includes completion of a continuing education requirement. (1-31-07: In House; Consumer Protection and Commerce Committee recommends the measure be deferred)
H.B. 1339 (Governor?s package bill) ensures an adequate supply of licensed contractors available to perform necessary repairs and reconstruction work during a state of emergency or disaster; establishes an Emergency Contractors Recovery Fund. (4-19-07: In Senate; received notice of change in conferees)
H.B. 1627 provides that each condominium project or association having more than five units shall secure and maintain a fidelity bond in an amount for the coverage and terms as required by Section 514B-143(A)(3). An association shall act promptly and diligently to recover from the fidelity bond. An association that is unable to obtain a fidelity bond may seek approval for an exemption, a deductible or a bond alternative from the commission. Current evidence of a fidelity bond includes a certification statement from an insurance company registered with the Department of Commerce and Consumer Affairs certifying that the bond is in effect and meets the requirement of this section and the rules adopted by the commission. (3-8-07: In Senate; passed first reading, referred to Commerce, Consumer Protection & Affordable Housing)
H.B. 1703 provides that the state agency may require the recipient of a certificate of need to furnish a performance bond... in an amount to be determined by the state agency, at its discretion, to ensure the proper implementation of the certificate of need. (2-14-07: In House; Health, Finance Committee recommends the measure be deferred)
H.B. 1833 relates to unfair business practices; provides that no person or entity, public or private, requiring a bid, payment or performance bond as security to guarantee the performance of any contract for the construction of improvements to real property shall require any person or entity to acquire the bond from a particular surety or group of sureties or a producer or agent of any surety or group of sureties. (4-27-07: Transferred to the Governor)
S.B. 159 is the Senate companion bill to H.B. 184. (2-9-07: In Senate; Commerce, Consumer Protection & Affordable Housing deferred the measure)
S.B. 1401 is the Senate companion bill to H.B. 1315. (1-30-07: In Senate; re-referred to Commerce, Consumer Protection & Affordable Housing/Judiciary and Labor)
S.B. 1425 is the Senate companion to H.B. 1339. (5-4-07: Enrolled to the Governor)
S.B. 1660 is the Senate companion bill to H.B. 430. (2-7-07: In Senate; Commerce, Consumer Protection & Affordable Housing deferred the measure)
S.B. 1704 is the Senate companion bill to H.B. 1627. (4-27-07: Enrolled to the Governor)
S.B. 1806 is the Senate companion bill to H.B. 1833. (1-30-07: In Senate; referred to Commerce, Consumer Protection & Affordable Housing)

IDAHO - ID State Legislature

H.B. 45 amends existing law to revise licensure requirements for electrical and specialty electrical contractors; revises powers and duties of the Idaho Plumbing Board relating to licensure requirements; revises requirements for certificates of competency for heating, ventilation and air-conditioning contractors and specialty contractors; revises contractor registration requirements; revises requirements for a dealer's license. (Died in Committee)
H.B. 187 amends and adds to existing law to provide for the registration, titling and operation of unconventional motor vehicles, including all-terrain vehicles, motorbikes, mopeds and motor-driven cycles. (Passed the House; died in Senate)
S.B. 1114 amends existing law relating to fuel taxes; increases the distributor bond amount to not less than $1,500 nor more than $300,000. (Died in Committee)

ILLINOIS - IL General Assembly

H.B. 743 provides that all construction contracts, unless expressly excluded, shall be deemed to provide: (i) if a contractor has performed in accordance with the provisions of a construction contract and the billing has been approved by the owner or the owner's agent, the owner shall pay the amount due to the contractor pursuant to the billing not more than 10 calendar days after the approval. (5-2-07: In Senate; placed on calendar order of second reading, 5-3-07)
H.B. 780 provides that each power of attorney for a fidelity and surety insurer issued to an agent that authorizes the agent to execute bonds may be recorded in the Circuit Court Clerk?s Office; provides that the power of attorney need only be filed once while it remains in effect. (5-10-07: In House; third reading, final action deadline extended to 5-18-07)
H.B. 1071 concerns licensing of managers of community associations; requires a license holder to post a fidelity bond in an amount not less than all moneys of that association, and covering the license holder and all partners, officers and employees of the firm with whom the license holder is employed during the term of the bond as well as the association officers, directors and employees of each community association they service. (5-15-07: In Senate; placed on calendar order of second reading, 5-16-07)
H.B. 1292 provides that the commission shall create requirements for licensure as an agent, broker or consultant engaged in the procurement or sale of retail electricity supply for a third party, which shall include all of the following criteria: (1) technical competence, (2) managerial competence, including criminal background checks and other indicia of honesty and fair-dealing, (3) financial responsibility, including the posting of an appropriate performance bond, and (4) annual reporting requirements. The license shall expire on April 30 of each year unless a renewal order is issued by the commission. The term of the renewal shall be until the following April 30 or earlier, as determined by the commission. (5-2-07: In Senate; do pass by Environment and Energy; placed on calendar order of second reading, 5-3-07)
H.B. 1947 amends the Professional Boxing Act to provide for the regulation of martial arts and mixed martial arts matches and exhibitions. (5-15-07: In Senate; second reading; placed on calendar order of third reading, 5-16-07)
H.B. 1985 amends the Retailers? Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act and the Liquor Control Act of 1934; authorizes the Department of Revenue to waive bond requirements for certain licensees under these acts if the Department determines that the costs of administering and enforcing the bond requirements exceed the amount likely to be recovered from the bonds. (5-10-07: In House; third reading, final action deadline extended to 5-18-07)
H.B. 3490 amends the Public Building Commission Act; authorizes the Commission to solicit and award design-build construction contracts. (5-10-07: In Senate; do pass as amended by State Government and Veterans Affairs; placed on calendar order of second reading, 5-15-07)
S.B. 196 is the Senate companion bill to H.B. 1071. (3-20-07: In Senate; re-referred to Rules; added Chief Co-Sponsor)
S.B. 378 creates the Public-Private Partnerships for Transportation Act.; provides that the Act is intended to promote public-private partnerships for transportation by authorizing the Department of Transportation and the Illinois State Toll Highway Authority to enter into public-private agreements for the development, operation and financing of transportation facilities. Grants to the Department and the Authority the necessary powers for development and financing. (3-30-07: In Senate; Rule 2-10, third reading deadline extended to 5-31-07)
S.B. 633 amends the Public Building Commission Act; authorizes a commission to solicit and award design-build construction contracts. (2-28-07: In Senate; first reading, referred to Rules)
S.B. 1366 is the Senate companion bill to H.B. 1292. (5-14-07: In House; amendment #2, Rules referred to Electric Utility Oversight Committee)
S.B. 1511 amends the Public Construction Bond Act; authorizes the Capital Development Board to waive the requirement of a surety bond for a public construction contract if (i) the contractor is a small business enterprise, and (ii) the otherwise required bond amount plus other surety bond amounts waived by the Board from small business enterprises, with respect to projects that are not yet complete, does not exceed $ 2,000,000. (4-30-07: In House; assigned to Executive Committee)

INDIANA - IN General Assembly

H.B. 1570 eliminates the $20,000 surplus lines broker bond requirement. (2-26-07: In House; referred to Ways and Means; author/co-author change)
H.B. 1657 provides that the security required for timber buyers and loggers shall be in the principal amount of $2,000 for an applicant who harvested timber valued at $5,000 or less during the immediately preceding year, and an additional $100 for each additional $1,000 or fraction thereof value of timber harvested during the preceding year. However, the surety bond may not be more than $20,000. In the case of an applicant not previously engaged in business as a logger, the amount of the bond shall be based on the estimated dollar value of timber expected to be harvested during the next succeeding year. (3-12-07: Passed the House; transmitted to Senate; committee report, amend do pass; reassigned to Tax and Fiscal Policy)
NEW LAW ? H.B. 1717 (signed by the Governor on 5-11-07; Eff. 7-1-07) transfers responsibility for the: (1) licensure of mortgage brokers; and (2) registration of mortgage loan originators from the Securities Commissioner to the Department of Financial Institutions; requires the Department to request a national criminal history background check through the State Police Department for all applicants for an initial license or registration after June 30, 2007; requires licensees to maintain a $50,000 bond.
NEW LAW ? H.B. 1835 (signed by the Governor on 5-11-07; Eff. upon passage) concerns racetrack gambling; licensees are required to post security.
NEW LAW ? S.B. 211 (signed by the Governor on 5-3-07; Eff. 7-1-07) increases the threshold at which bid, performance and payment bonds are required for state and local public works from $150,000 to $200,000 (amended in committee).
NEW LAW ? S.B. 506 (signed by the Governor on 5-8-07; Eff. 7-1-07) establishes the Private Investigator and Security Guard Licensing Board; replaces the bond requirement for private detectives with general liability insurance.
NEW LAW ? S.B. 526 (signed by the Governor on 5-2-07; Eff. 7-1-07) relates to higher education; requires post-secondary proprietary schools to maintain a bond.

IOWA - IA Legislature General Assembly

H.B. 15 requires licensed and registered child care facilities to identify how financial responsibility for injuries is addressed; may be addressed by either maintenance of liability insurance coverage or a surety bond that complies with reasonable minimum amounts identified in the rule. (1-16-07: Introduced; referred to Human Resources; subcommittee)
H.B. 233 relates to the Construction Bidding Procedures Act; modifies procedures and requirements for letting public improvement contracts; the contractor awarded the contract shall not commence work until the contractor's performance and payment bond has been approved by the governmental entity. A governmental entity may delegate the authority to award a contract, to execute a contract, to authorize work to proceed under a contract, or to approve the contractor's performance and payment bond to an officer or employee of the governmental entity. (2-20-07: In House; referred to State Government Committee; sub-committee reassigned)
H.B. 442 relates to requirements for trust fund deposits of prepayments for cemetery and funeral merchandise and funeral services; increases the bond to equal 95% of the payments received (currently 80%). (2-27-07: In House; referred to Commerce)
H.B. 454 relates to the disposition of certain unclaimed property; provides that as a condition precedent to payment of any claim filed under this chapter, the treasurer of state may require that the claimant or owner of the unclaimed or abandoned property furnish the treasurer with a surety bond containing terms and provisions acceptable to the treasurer and issued by a corporate surety authorized to do business in this state or with such other form of indemnification and protection that is determined by the treasurer to be acceptable and sufficient to protect the treasurer and the state against any loss, liability or damage which may arise out of or result from the payment of the claim by the treasurer. The claimant or owner shall be responsible for all premiums, costs, fees or other expenses associated with any such surety bond or other form of indemnification and protection required pursuant to this subsection. (3-27-07: Amendment H-1104 adopted; substituted SF 202; in House; withdrawn)
H.B. 540 relates to soil and water conservation district work projects supporting water protection practices; requires the posting of a performance bond for a contract involving a public improvement of $25,000 or more; however, the commissioners may waive the bond requirement if they estimate the cost of the project will not exceed the general competitive bid threshold of $100,000 for general construction bidding. (2-28-07: In House; referred to Agriculture)
H.B. 810 requires the payment of local prevailing wage rates to persons working on public improvements for public bodies; provides penalties. (4-23-07: In House Appropriations, subcommittee) This is a very onerous bill, and SFAA is working to either kill or significantly amend the bill.
H.B. 830 modifies procedures and requirements for letting public improvement contracts. (5-8-07: Sent to the Governor)
H.B. 860 is similar to H.B. 540. (3-22-07: In House; referred to Environmental Protection; assigned to subcommittee)
H.B. 897 establishes statewide licensure and certification of electricians and installers, providing for inspections, establishing fees and providing penalties. (5-8-07: Sent to the Governor)
H.B. 908 relates to the licensing and regulation of plumbers and mechanical professionals. (4-28-07: Passed the House and Senate)
S.B. 38 relates to the regulation of credit unions; requires the superintendent shall post a $100,000 bond to ensure the faithful performance of the employees of the Credit Union Division. (1-24-07: In Senate; referred to subcommittee)
NEW LAW ? S.B. 202 (signed by the Governor on 4-4-07) is the Senate companion to H.B. 454.
S.B. 317 requires in-state home improvement contractors to obtain surety performance bonds. (3-5-07: In Senate; referred to Labor and Business Relations; assigned to subcommittee) Our lobbyist advises that this bill probably will not go anywhere.
S.B. 370 relates to the regulation of credit unions; adds a new section that would require the superintendent to post a $100,000 bond; also requires a state credit union to maintain a fidelity bond. (3-14-07: In Senate; referred to Ways and Means; assigned to subcommittee)
S.B. 493 relates to plans and financial assurance requirements for certain sanitary landfill projects; provides that a utility under this subsection may demonstrate financial assurance through the use of a secured trust fund, a cash or surety bond, a corporate financial test as provided by the department, the obtaining of an irrevocable letter of credit, or an alternative method as provided by the department. (4-5-07: In House; Committee report recommending passage)
S.B. 557 is similar to S.B. 370. (4-24-07: Passed the House)
S.B. 559 relates to cemetery and funeral merchandise, funeral services, and cemeteries, and providing fees and penalties; provides that if a purchase agreement is funded by a surety bond, the purchaser shall receive a notice from the surety company evidencing coverage under the bond, the name of the purchaser or beneficiary, and the amount of coverage. If the purchase agreement is paid with a single payment, the purchaser shall receive notice of the surety bond within 60 days of making the payment. If the purchase agreement is being paid with multiple, periodic payments, the purchaser shall receive notice of the surety bond within 60 days of making the last payment. Compliance with this notice requirement does not require a seller to purchase individual surety bonds for each purchaser and beneficiary. A seller may file a single bond with the commissioner. (4-26-07: Passed the House and Senate)

KANSAS - KS State Legislature

NEW LAW ? H.B. 2363 (signed by the Governor on 5-11-07; Eff. 7-1-07) relates to conservators; provides that the surety shall not be released until a final accounting has been filed, allowed and settled.
H.B. 2531 concerns the Pharmacy Act; provides that the Board, by rule and regulation, shall establish standards and requirements for the issuance and maintenance of a wholesale distributor registration, including, but not limited to, requirements regarding the application and renewal fee, surety bond, etc. (5-4-07: In House; remains in Conference Committee)
NEW LAW ? S.B. 333 (signed by the Governor on 4-20-07; Eff. 7-1-07) concerns public building construction contracts; enacts the Kansas Fairness in Public Building Construction Contract Act; provides that an owner, contractor or subcontractor may withhold no more than 10% (currently 5%) retainage from the amount of any undisputed payment due.

KENTUCKY - KY State Legislature

NEW LAW ? H.B. 94 (signed by the Governor on 3-23-07; Acts Ch. 83) provides that only contractors certified by the Environmental and Public Protection Cabinet shall be authorized to conduct the decontamination services for inhabitable properties; contractors must post a $500,000 surety bond or other financial assurance.
NEW LAW ? H.B. 490 (signed by the Governor on 4-5-07; Acts Ch. 136) relates to the construction industry; relates to contracts; defines terms relating to construction contracts; specifies certain provisions that make a construction contract null, void and unenforceable; establishes time limits for payments to contractor and subcontractor; permits a contractor to recover costs resulting from delay if delay was caused by the contracting entity; caps retainage at 10% until 50% of the project is completed and 5% on remainder.)

LOUISIANA - LA State Legislature

H.B. 49 provides for the elimination of the tax on surplus lines, and for the reduction of the tax on fire, casualty and certain miscellaneous insurance policies, surety and fidelity included. Proposed law provides that the tax shall be reduced to $50 when the gross annual premiums are $6,000 or less, and $300 for each additional $10,000, or fraction thereof, of gross annual premiums. Proposed law deletes certain obsolete provisions dealing with the tax on fire, marine, transportation, casualty, surety or other insurance. (4-30-07: In House; read by title, under the rules, referred to Ways and Means)
H.B. 348 provides for changes to boxing and wrestling provisions; allows for certified check as a deposit in lieu of the bond. (4-30-07: In House; read by title, under the rules, referred to Commerce)
H.B. 417 relates to motor fuel products; provides that for a supplier, permissive supplier or terminal operator license, the amount of the bond shall be a minimum of $1 million (currently $2 million) or an amount equal to three months tax liability, whichever is greater, and only one surety bond will be required for a supplier that is also a terminal operator. (5-7-07: In Senate; rules suspended, read first and second time by title, referred to Revenue and Fiscal Affairs)
H.B. 544 provides for an additional premium tax of 3 1/2 percent of the gross annual premium receipts on any insurer engaged in the business of issuing policies, contracts or other forms of obligations covering the risk of... surety, fidelity. This tax shall be paid when paying annual license taxes, and the Commissioner of Insurance shall refuse to issue a license to any insurer failing or refusing to pay this additional tax. (4-30-07: In House; read by title, under the rules, and referred to Insurance)
H.B. 630 requires pet food manufacturers to be registered and to post a $1,000 bond. (4-30-07: In House; read by title, under the rules, and referred to Agriculture, Forestry, Aquaculture and Rural Development)
H.B. 875 provides that each scholarship granting organization shall demonstrate financial viability, if they are to receive donations of $50,000 or more during the school year, by filing a bond or financial information that demonstrates their financial viability. (4-30-07: In House; read by title, under the rules, and referred to Ways and Means)
S.B. 42 repeals provisions requiring the custodian of notarial records to maintain a list of notaries public in Orleans Parish, and repeals penalties. (5-15-07: In House; read by title, lies over under the rules)
S.B. 280 increases the contract limit for DOT and Development contracts which are subject to certain advertising and bid requirements from $250,000 to $500,000; increases from $25,000 to $50,000 contracts for which advertisement is optional; provides for electronic bidding. (5-15-07: In Senate; read by title, engrossed and passed to third reading)

MAINE - ME State Legislature

H.B. 1160 allows tenants to purchase surety bonds in lieu of some or all of a required security deposit for the purpose of assisting tenants who have insufficient resources to provide a security deposit for a residential dwelling unit; the amount of the surety bond shall not exceed two months? rent. (3-22-07: In House; Committee on Legal and Veterans Affairs; sent for concurrence; in Senate; under suspension of the Rules, referred to Committee on Legal and Veterans Affairs; in concurrence)
S.B. 134 eliminates the requirement that a personal representative of a decedent's taxable estate obtain a bond to secure the payment of estate taxes if the Judge of Probate finds that any estate tax due is not secured by the State's estate tax lien upon real estate in the decedent's estate, since all property of a decedent of the State is already charged with a lien benefiting the State for all taxes, interest or penalties that are or may become due regardless of whether the property is real or otherwise. (5-15-07: In House; passed to be enacted; sent for concurrence)

MARYLAND - MD General Assembly

H.B. 989 alters limitations on lending, guarantees and equity participation financing by the Maryland Small Business Development Financing Authority in specified transactions; alters the maximum amount of a loan that the Authority may make using the Contract Financing Fund; alters the maximum amount of a loan guarantee that the Authority may make using the Guaranty Fund; provides that subject to restrictions, the Authority, on application, may guarantee any surety up to the lesser of 90% or $5,000,000 of it losses incurred under a bid bond, a payment bond or a performance bond on any contract financed by the federal government or a state government, a local government, a private entity or a utility regulated by the Public Service Commission. (3-30-07: In Senate; favorable with amendments; report by Finance; enrolled 4-2-07)
NEW LAW ? H.B. 1030 (approved by the Governor on 5-8-07; Ch. 353) alters the requirements for obtaining a wholesale distributor?s permit to include an inspection and the posting of a bond; requires a pedigree for prescription drugs or devices distributed in the state. (S.B. 759 also passed)
S.B. 318 is the Senate companion to H.B. 989. (4-2-07: In House; favorable report by Economic Matters)
S.B. 541 authorizes video lottery gaming on specified vessels at dock or underway in state waterways under specified conditions; establishes a State Commission on Vessel Gaming; provides that each member of the Commission shall be covered by a surety bond provided by the Commission in the form and amount required by law; provides that applicants for a license to operate a gaming vessel shall execute a $200,000 surety bond to be given to the state to guarantee the licensee faithfully makes the payments, keeps books and records, makes reports, and conducts gaming on the licensee's gaming vessel in accordance with this title and regulations adopted by the Commission. (2-26-07: In Senate; referred to Budget and Taxation; hearing on 3-6-07)
S.B. 555 authorizes a county or municipal corporation to require an applicant for a permit to build a rubble landfill facility to file a surety bond, with specified requirements, with the local governing body in addition to any state bonding requirements. (3-7-07: In Senate; unfavorable report by Education, Health and Environmental Affairs)
S.B. 950 requires the State Lottery Commission to regulate the operation of specified video lottery terminals; establishes a Purse Dedication Account under the authority of the State Racing Commission; establishes an Education Trust Fund; requires the Governor to provide funding for public school construction from the Education Trust Fund; applicants are required to file a bond. (3-2-07: In Senate; re-referred to Budget and Taxation; hearing on 3-6-07)

MASSACHUSETTS - MA General Court

H.B. 248 relates to regulating the resale of tickets; requires applicants to file a $2,000 bond. (1-11-07: In House; referred to Consumer Protection and Professional Licensure; in Senate, concurred)
H.B. 334 establishes standards for consumer credit counseling. For every applicant, the principal amount of the bond shall be the greater of (A) forty thousand dollars, or (B) twice the amount of the highest total payments received in connection with the applicant's debt adjustment activity in any month during the preceding 12 months ending March 31st of each year. (1-10-07: In House; referred to Consumer Protection and Professional Licensure)
H.B. 358 authorizes low stakes card games at pari mutuel facilities; the holder of a card room license shall maintain a $50,000 bond. (1-10-07: In House; referred to Economic Development and Emerging Technologies)
H.B. 931 requires travel agents to file a $250,000 bond. (1-10-07: In House; referred to Financial Services)
H.B. 1052 relates to viatical settlements; requires providers and brokers to demonstrate evidence of financial responsibility through either a surety bond or a deposit of cash, CDs, or securities or any combination thereof in the amount of $250,000. (1-10-07: In House; referred to Financial Services)
H.B. 1453 provides for the improvement of court facilities; prior to execution of a design-build contract, offeror shall furnish a performance and payment bond, each in the sum of the contract price. (1-10-07: In House; referred to Judiciary)
H.B. 1605 grants authority over notaries public to the Secretary of State. (1-10-07: In House; referred to Judiciary)
H.B. 1633 relates to the Uniform Probate Code; pertains to bonds without sureties, bonds with sureties and demand for sureties by an interested person; terms and conditions. (1-10-07: In House; referred to Judiciary)
H.B. 1652 is similar to H.B. 1633. (1-10-07: In House; referred to Judiciary)
H.B. 1730 relates to mechanics? liens. (1-10-07: In House; referred to Judiciary)
H.B. 1789 promotes fairness in private construction contracts; provides that a contractor shall pay its subcontractors all undisputed amounts due within 7 business days of receipt of payment from the owner, including payment of retainage if retainage is released by the owner, if the subcontractor has provided a timely, properly completed request for payment to the contractor. A subcontractor's timely and properly completed request for payment to a contractor shall be included in the contractor's next requisition to the owner unless the contractor, within a reasonable time stated in the contract, issues a written statement detailing the amounts that will not be included in the requisition and the reasons therefor. Failure by an owner or a contractor to issue a written order for changes in the work performed at the direction of the owner or contractor shall not be a reason to disapprove a request for payment for work performed on said changes. (1-10-07: In House; referred to Environment, Natural Resources and Agriculture)
H.B. 3181 relates to interest on retainage; adds the following language: At the time of the first payment to the contractor, the awarding authority shall establish an escrow account in a financial institution licensed to do business in the Commonwealth. The account shall be set up to maximize the return, which is to accumulate. The awarding authority shall then pay into such account each portion of each requisition that represents retainage deducted from the amount due the contractor for periodic payment. The payment of such retainage into the escrow account shall be made simultaneously with the payments to the contractor for periodic requisitions. The proceeds of the escrow account including accumulated interest shall be payable to the contractor in accordance with the provisions of this section. (1-10-07: In House; referred to State Administration and Regulatory Oversight)
S.B. 177 relates to the guaranty fund for home improvement contractors; defines claimant. (1-10-07: In Senate; referred to Consumer Protection and Professional Licensure; In House, concurred)
S.B. 187 relates to second hand dealers; requires licensees to file a $300 bond. (1-10-07: In Senate; referred to Consumer Protection and Professional Licensure; In House, concurred)
S.B. 206 establishes standards for consumer credit counseling; each license application shall be accompanied by evidence of either a $100,000 bond or insurance coverage. (1-10-07: In Senate; referred to Consumer Protection and Professional Licensure; In House, concurred)
S.B. 220 relates to the registration of irrigation contractors. Before being examined for an original business permit or renewal of a business permit, applicants are required to provide proof of liability and workers compensation policies, surety bond and irrevocable letter of credit. (1-10-07: In Senate; referred to Consumer Protection and Professional Licensure; In House, concurred)
S.B. 246 relates to home service contracts. (1-10-07: In Senate; referred to Consumer Protection and Professional Licensure; In House, concurred)
S.B. 843 relates to the Uniform Probate Code (text not yet available). (1-10-07: In Senate; referred to Judiciary; In House, concurred)
S.B. 1033 regulates notaries public to protect consumers and provide anti-fraud protections. (1-10-07: In Senate; referred to Judiciary; In House, concurred)
S.B. 1899 relates to interest on retainage. (1-10-07: In Senate; referred to State Administration and Regulatory Oversight; In House, concurred)
S.B. 2020 relates to co-sureties. (1-10-07: In Senate; referred to Transportation; In House, concurred)

MICHIGAN - MI State Legislature

S.B. 169 requires check cashing businesses to be licensed and bonded; provides that each licensee shall furnish a $5,000 bond for each location. (2-6-07: In Senate; referred to Banking and Financial Institutions).

MINNESOTA - MN State Legislature

H.B. 413 relates to outdoor sports equipment titling; requires applicant to file a bond in an amount equal to 1 1/2 times the value of the outdoor sport equipment. (5-15-07: In House; Committee reported do pass as amended; second reading)
H.B. 675 relates to institutions of higher education retaining student records; provides that an alternative method of compliance must be established if the school ceases to exist, and a continuous $20,000 bond must be filed if the school has no binding agreement for preserving student records. (2-15-07: In House; referred to Higher Education and Work Force Development Policy and Finance Division)
H.B. 851 modifies mortgage licensing requirements; provides that no person shall act as a residential mortgage originator, or make residential mortgage loans, without obtaining a license; licensees must maintain a minimum net worth of $250,000 or a surety bond or irrevocable letter of credit in the amount of $100,000. (2-19-07: In House; referred to Higher Education and Work Force Development Policy and Finance Division)
H.B. 1208 relates to construction codes; recodifies and modifies construction codes and licensing provisions; no person shall act as a dealer in manufactured homes, new or used, without a license, surety bond and liability insurance. (5-15-07: In House; Committee reported do pass as amended; second reading)
H.B. 1409 increases the bond requirement for well contractors from $10,000 to $25,000. (5 4-07: In Senate; Committee report, substitute for SB 1229; second reading)
H.B. 1443 relates to employment; changes certain requirements concerning contractors; modifies prevailing wage provisions; imposes penalties. (3-16-07: In House; Division action, to pass as amended and return to Commerce and Labor)
H.B. 1515 regulates the business of credit counseling and debt management services; provides that a registration application must be accompanied by a bond of not less than $5,000 or other amount determined by the commissioner. (3-23-07: In House; Committee report, to pass as amended and re-refer to Finance; author added; referred by chair to Energy Finance and Policy Division)
H.B. 1748 relates to residential mortgage lending; modifies licensing and education requirements. (3-23-07: In House; Committee report, to pass as amended and re-refer to Finance; referred by chair to Energy Finance and Policy Division)
H.B. 1963 relates to scholarship-granting organizations; to demonstrate its financial viability, if they are to receive donations of $50,000 or more during the school year, by filing a surety bond in an amount equal to the aggregate amount of contributions expected to be received. (4-24-07: In House; referred to Taxes; author added)
H.B. 2305 is similar to H.B. 851. (3-22-07: In House; first reading, referred to Finance; referred by chair to Energy Finance and Policy Division)
S.B. 575 is the Senate companion to H.B. 675. (2-5-07: In Senate; first reading, referred to Finance)
S.B. 797 is similar to H.B. 851. (3-8-07: In Senate; withdrawn, re-referred to Finance)
S.B. 998 is similar to H.B. 1208. (5-15-07: In Senate; Committee report, to pass as amended and re-refer to Business, Industry and Jobs)
S.B. 1229 is similar to H.B. 1409. (5-4-07: In Senate; HB 1409 substituted on general orders)
S.B. 1532 is similar to H.B. 1515. (4-17-07: In Senate; Commerce and Consumer Protection Committee reported to pass as amended; second reading)
S.B. 1547 is similar to H.B. 1748. (3-22-07: In Senate; Committee report, to pass as amended and re-refer to Judiciary)
S.B. 1694 is similar to H.B. 1963. (4-16-07: In Senate; referred to Taxes; author added)
S.B. 1848 is similar to H.B. 1443. (3-14-07: In Senate; first reading, referred to Business, Industry and Jobs)
S.B. 1989 is similar to H.B. 675. (3-21-07: In Senate; second reading)
S.B. 2089 changes the entity where bonds for gas, HVAC, fuel burning or refrigeration contractors are filed from the Commissioner of Administration to the Commissioner of Labor and Industry. (5-8-07: Governor?s action veto Ch. 55 on 5-7-07; In Senate; veto message laid on table)
NEW LAW ? S.B. 2096 (Secretary of State Chapter 57 on 5-8-07) provides that residential mortgage originators shall be licensed and post a $50,000 bond or letter of credit.
S.B. 2169 provides for the licensing or registration of private postsecondary educational institutions; includes a bond requirement. (3-27-07: In Senate; first reading, referred to Higher Education)

MISSISSIPPI - MS State Legislature

NEW LAW ? S.B. 2350 (approved by the Governor on 4-21-07; Ch. 581; Eff. 7-1-07) amends the Mortgage Consumer Protection Law; extends the repealer and makes various amendments; provides that mortgage brokers shall file a $25,000 bond; mortgage lenders shall file a $150,000 bond; however, any licensed company required to file a $50,000 bond before July 1, 2007, shall not be required to increase its bond until the 2007 license year renewal.
NEW LAW ? S.B. 2647 (approved by the Governor on 3-22-07; Eff. 7-1-07) provides that all notary bonds shall be conditioned and approved by the Secretary of State.

MISSOURI - MO General Assembly

H.B. 221 revises the laws relating to motor vehicle service contracts and product service agreements; requires that providers place in trust with the director a financial security deposit, having a value of not less than five percent of the gross consideration received, less claims paid, on the sale of the motor vehicle extended service contract for all motor vehicle extended service contracts issued and in force, but not less than $25,000 (can be a surety bond). (5-8-07: In Senate; taken up for third reading, truly agreed to and finally passed)
H.B. 426 creates the Missouri Propane Safety Act; before entering into his or her duties, each commissioner of the commission shall execute a surety bond for $50,000, and the executive director shall execute a surety bond for $100,000; or, in lieu thereof, the chairman of the commission shall execute a blanket bond covering all members, the executive director, and the employees or other officers of the commission. (5-2-07: In Senate; in House; House concurs Senate committee substitute; truly agreed to and finally passed)
H.B. 440 relates to labor unions; any surety company issuing a bond required by sections 295.400 to 295.450 shall file annually with the department, with respect to each fiscal year during which any such bond was in force, a report in such form and detail as the department may prescribe by regulation, filed by the president and treasurer or corresponding principal officers of the surety company, describing its bond experience, including information as to the premiums received, total claims paid, amounts recovered by way of subrogation, administrative and legal expenses and such related data and information as the department shall determine to be necessary; officers, etc. are required to post surety bonds. (4-25-07: In House; public hearing scheduled; bill not heard)
H.B. 476 establishes the Uniform Debt-Management Services Act; bond required. (4 12 07: In House; referred to Judiciary)
H.B. 487 states the regulations may provide that in lieu of the immediate completion or installation of such work, the planning commission may accept, at the option of the developer, an escrow secured with cash or an irrevocable letter of credit or a surety bond, all in the amount and with surety and conditions satisfactory to the county commission. Such escrow or bond shall secure the county commission for the actual construction of such improvements and utilities within a period specified by the county planning commission, and the county commission shall have power to enforce such escrow or bond by all proper remedies. (3-15-07: In House; Rules Committee voted do pass)
H.B. 596 authorizes the State Highways and Transportation Commission to accept an annual bid bond for its construction and maintenance projects. (4-25-07: In Senate; placed on Informal Calendar)
H.B. 699 revises various laws regarding the registration, licensure and sale of motor vehicles; increases the dealer bond penalty from $25,000 to $30,000. (3-15-07: In House; Rules Committee voted do pass)
H.B. 744 increases the motor vehicle dealer bond from $25,000 to $30,000. (5-15-07: House refuses to concur, requests Senate recede-grant conf.)
H.B. 794 modifies various provisions relating to regulation of manufactured homes by the Public Service Commission; recovery fund. (3-15-07: In House; public hearing completed)
S.B. 52 is the Senate companion bill to H.B. 88. (5-16-07: In House; calendar S bills for third reading)
S.B. 82 increases motor vehicle dealer bond from $25,000 to $30,000; adds powersport dealers and trailer dealers. (5-15-07: In House; submits CCR; in Senate; CCR offered and adopted; in Senate; CCS third read and passed)
S.B. 197 is the Senate companion bill to H.B. 221. (5-16-07: In House; calendar S bills for third reading)
S.B. 239 increases the motor vehicle dealer bond from $25,000 to $30,000; adds power sport dealers and trailer dealers. (5-9-07: Voted to return to committee of origin H1688)
S.B. 313 requires each operator of an endowed care cemetery to secure a guaranty bond for: $50,000 for cemeteries that performed less than 75 interment, entombment or inurnment services in the previous tax year; $100,000 for more 75 but less than 100; $250,000 for more than 100. (5-16-07: In House; calendar S bills for third reading)
S.B. 335 increases the motor vehicle dealer bond from $25,000 to $100,000, and adds trailer dealers. (3-14-07: In Senate; hearing conducted in Transportation Committee)
S.B. 381 regulates health discount plans; requires organizations to maintain a $35,000 bond. (3-13-07: In Senate; Committee substitute, voted do pass by Small Business, Insurance & Industrial Relations)
S.B. 453 is the Senate companion to H.B. 426. (5-16-07: In Senate; Informal calendar S bills for perfection)

MONTANA - MT State Legislature

NEW LAW ? H.B. 69 (signed by the Governor on 5-3-07; Ch. 369; Eff. 10-1-07) concerns licensure and regulation for certain residential mortgage lenders; provides that licensees shall continuously maintain a surety bond to be used for the recovery of expenses, fines, and fees levied by the department for losses or damages incurred by borrowers or consumers as the result of a licensee's noncompliance; the department may adopt rules with respect to the requirements for surety bonds. The surety bond must contain a clause that the insurance company will notify the department at least 30 days prior to canceling the surety bond for any reason. If a licensee or the surety cancels the bond, the licensee shall inform the department of the cancellation in writing by certified mail and provide a new surety bond to the department. If the department is notified that a surety bond has been canceled and the licensee has not supplied a new surety bond to the department by the date of the cancellation, the licensee's license is automatically suspended until a new surety bond acceptable to the department is received.
NEW LAW ? H.B. 319 (signed by the Governor on 4-26-07; Ch. 259; Eff. 10-1-07) revises law on construction and highway contracts; provides that if a general contractor or subcontractor completes the general contractor or subcontractor's portion of a contract or subcontract, and the owner has approved all payment requests, the retainage for the contractor or subcontractor must be paid within 15 days of the contractor's or subcontractor's request for payment.
H.B. 536 requires each wholesale drug distributor applying for a license to submit a bond of at least $100,000 or other equivalent means of security. (5-7-07: Vetoed by the Governor; veto override vote mail poll in progress)
NEW LAW ? H.B. 657 (signed by the Governor on 4-17-07; Ch. 204; Eff. 10-1-07) relates to construction liens on real property; provides that whenever a construction lien has been filed upon real property or any improvements, the contracting owner of any interest in the property, whether legal or beneficial, may, at any time before the lien claimant has commenced an action to foreclose the construction lien or within 30 days of service of a complaint in an action to foreclose the construction lien, file a bond with the clerk of the district court in the county in which the property is located or, if the property is located in more than one county, with the clerk of the district court of any county in which a part of the property is located. (2) The bond must be in an amount 1 1/2 times the amount of the construction lien and must be either in cash or written by a corporate surety company. If written by a corporate surety, the bond must be approved by a judge of the district court with which the bond is filed. (3) The bond must be conditioned that if the construction lien claimant is finally adjudged to be entitled to recover upon the claim upon which the construction lien is based, the principal or the principal's sureties shall pay to the claimant the amount of the claimant's judgment, together with any interest, costs, attorney fees, and other sums that the claimant would be entitled to recover upon the foreclosure of a construction lien against the principal.
NEW LAW ? H.B. 724 (signed by the Governor on 4-6-07; Ch. 162; Eff. 4-6-07) concerns service contract warranties; requirements for conducting business include maintaining a financial security deposit having a value of not less than 5% of the gross consideration received, less claims paid, on the sale of the service contract for all service contracts issued and in force, but not less than $25,000; can consist of a surety bond.
NEW LAW ? H.B. 737 (signed by the Governor on 4-27-07; Ch. 329; Eff. 1-1-08) makes revisions to the motor vehicle law; provides that a person may not engage in the business of buying, selling, exchanging, accepting on consignment or acting as a broker of a motor vehicle, trailer, travel trailer, semitrailer, pole trailer, motorcycle, quadricycle, motorboat, personal watercraft, snowmobile, off-highway vehicle or special mobile equipment that is not registered in the person?s name unless the person is the holder of a license issued by the department. An applicant for a dealer?s license, broker?s license, wholesaler?s license or auto auction license shall file a $50,000 bond. Dealers of motorcycles and quadricycles shall file a $15,000 bond. Dealers of motorboats, personal watercraft, snowmobiles or off-highway vehicles shall file a $5,000 bond.
S.B. 92 revises the Mortgage Broker and Loan Origination Licensing Act; clarifies that each mortgage broker, other than an individual mortgage broker working as an employee of a mortgage broker, shall maintain at all times an irrevocable letter of credit or surety bond in the amount of $25,000 for each principal location and branch office identified in the application for licensure. (5-8-07: Transmitted to the Governor)
NEW LAW ? S.B. 165 (signed by the Governor on 5-8-07; Ch. 451; Eff. 10-1-07) makes changes to the Deferred Deposit Loan Act; no change to the bond requirement.
NEW LAW ? S.B. 209 (signed by the Governor on 5-3-07; Ch. 405; Eff. 7-1-07) transfers registered process servers to the Board of Private Security Patrol Officers; no change to the bond requirement.

NEBRASKA - NE State Legislature

NEW LAW ? L.B. 124 (signed by the Governor on 3-19-07; Eff. 3-19-07) provides that each place of business operating under the Nebraska Installment Sales Act shall have a license and post a bond of $50,000.
L.B. 208 changes bond requirements for certain public building projects. (5-10-07: Passed by Legislature)
L.B. 256 increases the threshold on state projects from $40,000 to $100,000. (5-10-07: Passed by Legislature)
L.B. 463 eliminates the bond required for cosmetology schools. (5-10-07: Passed by Legislature)
NEW LAW ? L.B. 681 (approved by the Governor on 4-4-07) increases the motor vehicle dealer bond from $20,000 to $50,000.

NEVADA - NV State Legislature

A.B. 219 revises provisions governing public works; provides that a public body may, but is not required to, withhold the entire amount of a progress payment or retainage payment as a result of the failure of the contractor or his subcontractor to submit a report required pursuant to subsection 1 of Section 1 of this Act, or participate in a meeting pursuant to subsection 4. (4-14-07: Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed)
A.B. 393 requires motor vehicle repair shops to be registered and post a $5,000 bond; eliminates binding arbitration language. (5-15-07: From Ways and Means Committee; do pass as amended)
A.B. 581 provides for the creation of a regional airport authority in certain counties; requires board members to file a $5,000 bond with the county clerk. (4-14-07: Pursuant to Joint Standing Rule 14.3.1, no further action allowed)
A.B. 595 makes various changes relating to taxes on fuels; adds a new section which states that if a special fuel user is habitually delinquent in the payment of amounts due pursuant to this chapter, the department shall require the special fuel user to provide a bond of not less than $2,500 conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due the State of Nevada. (4-16-07: Amended, engrossed, first reprint; to Ways and Means Committee)
S.B. 229 provides for the registration and regulation of warrantors of vehicle protection products and related sellers and warranty administrators of such products; must post security in an amount that is the greater of $25,000 or 5 percent of the gross consideration received by the warrantor for any unexpired warranties, less any claims paid. (4-23-07: From Committee, amended; recommend do pass as amended; read second time; re-referred to Finance)
S.B. 263 requires persons operating a motor vehicle registration service to be licensed and bonded. (4-20-07: In Assembly; read first time; referred to Transportation)
S.B. 386 makes changes to the provisions governing mechanics? and materialmen?s liens. Under existing law, to obtain the release of all prospective and existing lien rights of lien claimants related to a work of improvement, the principal and a surety must execute and cause to be recorded a surety bond in an amount equal to 1.5 times the amount of the prime contract. (NRS 108.2415) Section 6 of this bill provides that the surety bond must be in an amount equal to 1.5 times the total amount of the prime contract to be paid by the owner for the work, materials and equipment to be furnished by or through the prime contractor for the work of improvement. (4-14-07: Pursuant to Joint Standing Rule 14.3.1, no further action allowed)
S.B. 429 enacts provisions relating to labor organizations that represent public employees and members thereof. Provides that each officer, agent, shop steward or other representative of an employee organization whose property and annual financial receipts are more than $5,000, or of a trust in which an employee organization has an interest, who handles money or other property of the employee organization shall file with the labor commissioner a surety bond in an amount prescribed by regulations. Requires the surety company to file an annual report describing its bond experience under this act. (4-14-07: Pursuant to Joint Standing Rule 14.3.1, no further action allowed)
S.B. 452 increases the motor vehicle broker bond from $50,000 to $100,000. (4-25-07: In Assembly; read first time; referred to Transportation)
S.B. 476 requires exchange facilitators to maintain one or more fidelity bonds in a total amount of not less than $1,000,000. (4-24-07: To engrossment, engrossed; first reprint; taken from General File; re-referred to Finance)

NEW HAMPSHIRE - NH General Court

H.B. 455 establishes a board of private investigation and security services; provides that the bond amount shall be determined by the board (previously $50,000), and that a person with multiple licenses shall not be required to file more than one bond. A bond shall not be required for licensees who provide proof of, and maintain, liability insurance in an amount equal to a surety bond. (10-31-06: Interim study committee recommended this for legislation in 2007)
H.B. 1107 regulates commercial construction contracts by establishing requirements for timely payment under the contract and limiting and regulating retainage practices. (10-18-06: Interim study committee recommended this for legislation in 2007)

NEW JERSEY - NJ State Legislature

A.B. 3649 establishes partial payment schedules and amounts to be retained by the New Jersey Turnpike Authority from roadway work payments to contractors. States that the provisions of this act shall not modify, limit or restrict in any manner the obligations and powers of the Authority to comply with, carry out and perform each and every covenant, agreement or contract made or entered into by the Authority with respect to their bonds or for the benefit, protection or security of the bondholders. (5-14-07: Received in the Senate without reference; second reading)
S.B. 2576 is the Senate companion to A.B. 3649. (5-14-07: Reported from Senate Committee; second reading)

NEW MEXICO - NM State Legislature

NEW LAW ? H.B. 314 (signed on 3-29-07) amends sections of the Pharmacy Act; provides that pharmacy or wholesale drug distributor applicants shall file a surety bond or other equivalent means of security to secure payment for any administrative of judicial penalties that may be imposed by the Board or the state.
NEW LAW ? S.B. 227 (signed by the Governor on 4-2-07; Eff. 7-1-07) relates to contractor licensing and public works projects; a subcontractor shall provide a performance and payment bond on a public works building project if the subcontractor?s contract for work to be performed is $125,000 or more.
NEW LAW ? S.B. 345 (signed by the Governor on 3-30-07) requires surety bonds from certain weight distance tax taxpayers and special fuel users.
NEW LAW ? S.B. 350 (signed by the Governor on 4-2-07) relates to insurance; updates capital requirements and other provisions; relates to premium taxes; relates to insurance adjuster licensure and training.
NEW LAW ? S.B. 604 (signed on 4-3-07) repeals the retainage act; Sections 57-28-1 through 57-28-11 NMSA.
NEW LAW ? S.B. 621 (signed by the Governor on 3-30-07) requires a private investigation company to file a $10,000 bond.
NEW LAW ? S.B. 905 (signed on 4-3-07) relates to off-site sale of motor vehicles; provides that no off-site permit shall be issued to a licensed dealer, other than a dealer in motorcycles only, for a temporary off-site location unless the dealer... obtains either an original rider to the dealer?s existing bond or an original bond to cover the proposed temporary off-site location and dates of sale.

NEW YORK - NY State Assembly

A.B. 347 requires registration of home improvement contractors with the Department of State; permits denial of registration for convictions for fraud; provides for civil penalties for operating without registration; requires a surety bond be posted by contractors who have been convicted or had their registration revoked. (1-3-07: Referred to Consumer Affairs and Protection)
A.B. 495 provides that an application for a certificate of registration for a motor vehicle repair shop shall be accompanied by a bond payable to the people of the state of New York, for the purpose of assuring payment of any fines, fees and penalties as may be imposed. The commissioner shall set the amount of the bond at a level which will, in his sole judgment, reasonably assure such payment, provided that the required amount of such bond shall be the same for all applicants and repair shops and that the approval of any certificate of registration shall be conditioned upon such bond remaining in full force, in addition to any other requirements imposed pursuant to law. The commissioner shall establish such additional requirements and proscribe such additional procedures as shall be necessary. (1 3-07: Referred to Transportation)
A.B. 870 requires quality performance and payment bonds on public work; provides that bonds must be written with surety companies rated A- or better by Best. (1-3-07: Referred to Local Governments)
A.B. 1795 requires tax preparers to be registered and bonded; the principal sum of the bond shall be $5,000 for each individual preparing tax returns for another person; the commissioner may require a higher bond amount pursuant to regulation; in no event shall the total bond required for any single tax preparer and the tax preparers employed or associated with it be required to exceed $125,000. The bond shall be for the benefit of any person or persons damaged by any fraud, dishonesty, misstatement, misrepresentation, deceit or any unlawful acts or omissions by the tax preparer, or the tax preparers employed by or associated with it to provide tax preparation services. (1-11-07: Introduced; referred to Ways and Means)
A.B. 2103 regulates the practice of booting vehicles; requires applicants to furnish a $5,000 surety bond payable to the local authority, conditioned upon the applicant's compliance with the provisions of this article, local ordinance and any rules or regulations promulgated thereunder, and that the applicant shall pay any fine, penalty or other obligation within 30 days of its imposition, or any final judgments awarding from damages occasioned to any person by reason of any misrepresentation, fraud or deceit, or any unlawful act or omission of such licensee, his or her agents or employees while acting within the scope of their employment, made, committed or omitted in the business of booting. The local authority may, after a public hearing, increase the amount of the surety bond to an amount not to exceed $20,000. (1-12-07: Introduced; referred to Transportation)
A.B. 2329 expands the membership of small business and minority and women-owned business advisory boards; defines powers and duties of divisions for development of such businesses. (5-15-07: In Assembly Ways and Means; first report calendar)
A.B. 2626 requires all commercial driving schools to post a $15,000 bond. (1-17-07: Introduced; referred to Transportation)
A.B. 2854 provides that upon completion of 50% of a public works project, the contractor may receive partial payment for the work completed in order to pay subcontractors who have finished their work on the project. (5-1-07: Reported from Assembly Local Governments; referred to Ways and Means)
A.B. 3145 Provides for a reasonable amount of construction contract sum to be deposited in a separate interest bearing escrow account with a third party escrow agent; provides further that the owner shall be subject to the payment of interest, in addition to the escrow interest at the rate of one percent per month and the contractor or subcontractor shall be subject to payment of interest on the amount of retainage it holds at the rate of one percent per month. (1-23-07: Introduced; referred to Economic Development)
A.B. 3329 provides for the dispensation for performance and payment bonds for contracts with small, minority or women-owned businesses when the aggregate amount of the contract is under $500,000; requires advertisement of the requirements for or dispensation of such performance and payment bonds. (3-27-07: Referred to Governmental Operations Committee)
A.B. 3630 provides for additional penalties for failure to pay prevailing wages or supplements; encourages private actions for recovery of wrongfully withheld wages or supplements by persons employed on a public work contract; authorizes direct recovery against contractor or subcontractor in the absence of a payment bond or a public improvement contract; directs that any civil penalties ordered to be paid to the comptroller pursuant to such an action. (1-26-07: Referred to Labor Committee)
A.B. 4545 provides that prior to commencing any construction upon a public right-of-way by a telecommunications service provider, the political subdivision may require the posting of a performance bond in an amount not to exceed the reasonable costs to return the right-of-way to its original condition, normal wear and tear excepted, and to ensure compliance. (2-5-07: Referred to Local Governments Committee)
A.B. 5100 requires bids for the purchase of municipal bonds to include a certified or cashier?s check, or guaranty or surety bond in an amount equal to one percent of the bonds for which the bid was submitted. (5-8-07: In Assembly Local Governments; held for consideration)
A.B. 5855 provides that subcontractors on public works projects provide a surety bond for the underpayment of the prevailing wage; contractors will only become liable for paying the underpaid prevailing wage when the surety bond is exhausted. (2-26-07: Referred to Labor Committee)
A.B. 5867 requires the posting of a surety bond from certain apparel industry employers who have previously in the last five year period been found in violation of provisions of the labor law which pertain to payment of wages and the minimum wage, or if an apparel industry employer has failed to comply with a commissioner's order within the last five years; provides monetary penalties and/or terms of imprisonment for non-compliance. (2 26-07: Referred to Ways and Means Committee)
A.B. 5977 provides that the department shall require a distributor to file a bond or other security acceptable to the department, in such amount as the department may fix, in an amount determined in accordance with rules and regulations prescribed by it, to secure the payment of any sums due from such distributor with respect to sales and uses of motor fuel. (2-26-07: Referred to Ways and Means Committee)
A.B. 6940 relates to separate specifications for public work; repeals Section 101 of the general municipal law relating to the Wicks law. (3-22-07: Introduced; referred to Assembly Local Governments)
A.B. 7744 provides for the regulation and bonding of contractors. (4-25-07: Introduced; referred to Assembly Cities Committee)
A.B. 7810 requires wholesale drug distributors to post a $100,000 bond. (4-25-07: Introduced; referred to Assembly Health Committee)
A.B. 8153 establishes requirements for obtaining a debt collection agency license; various bond amounts in relation to number of employees. (5-7-07: Introduced; referred to Assembly Consumer Affairs and Protection)
S.B. 1478 exempts subdivisions consisting of five or fewer lots that contain commonly owned or maintained open space, private roads, driveways sewers or sewer systems from the provisions of the Martin Act; provides that such commonly owned properties are fully described in the prospective purchaser's deed; further provided that such commonly owned improvements are completed or subject to a performance bond or letter of credit to insure their completion. (4-16-07: Passed the Senate, delivered to Assembly; referred to Economic Development)
S.B. 1660 provides for a reasonable amount of a construction contract sum to be deposited in a separate interest bearing escrow account with a third party escrow agent; provides further that the owner shall be subject to the payment of interest, in addition to the escrow interest at the rate of one percent per month, and the contractor or subcontractor shall be subject to payment of interest on the amount of retainage it holds at the rate of one percent per month. (3-27-07: Placed on Senate Floor calendar)
S.B. 1718 requires quality performance and payment bonds on public work; bonds required shall be written with surety companies licensed to do business in New York State, on the United States Treasury list and rated "A-" or better by Best's Rating Service or an equivalent rating as certified by the Superintendent of Insurance. (1-24-07: Introduced; referred to Finance)
S.B. 1966 repeals and reenacts provisions for the licensing and regulation of auctioneers; retains the recovery fund. (1-29-07: Introduced; referred to Consumer Protection)
S.B. 2137 provides that upon completion of 50% of a public works project, the contractor may receive partial payment for the work completed in order to pay subcontractors who have finished their work. (2-1-07: Introduced; referred to Local Government)
S.B. 2431 an act to amend the executive law in relation to participation by minority group members and women with respect to certain state contracts; and to amend the state finance law in relation to establishing a mentor-protege program for small and minority and women-owned business concerns and in relation to performance and payment bond requirements. (2-5-07: Introduced; referred to Finance)
S.B. 2473 provides that the Department of State shall issue licenses to immigration providers and, upon application, to issue renewal licenses every two years. The Secretary of State shall enforce the provisions of this article governing the filing and maintenance of surety bonds and the application for licensure and/or renewal. (2-6-07: Introduced; referred to Consumer Protection)
S.B. 4130 requires electrology business licensees to file and maintain a bond or liability insurance. (3-28-07: Introduced; referred to Consumer Protection)
S.B. 5199 provides for the dispensation for performance and payment bonds for contracts with small, certified minority or women-owned businesses when the aggregate amount of the contract is under $500,000; requires advertisement of the requirements for or dispensation of such performance and payment bonds. (4-25-07: Introduced; referred to Senate Finance)
S.B. 5290 requires wholesale drug distributors to post a $100,000 bond. (4-25-07: Introduced; referred to Senate Health Committee)
S.B. 5319 requires quality performance and payment bonds on public work; rated A- or better. (4-25-07: Introduced; referred to Senate Local Government Committee)
S.B. 5410 provides for the regulation and bonding of contractors. (5-15-07: In Senate Cities Committee; first report calendar)
S.B. 5716 relates to Wicks thresholds; allows the state to require a contractor awarded a contract with the state to enter into a project labor agreement; requires certain bidders on a public work contract to submit with its bid a separate sealed list the names each subcontractor that the bidder will use. (4-26-07: Introduced; referred to Senate Investigations and Government Operations)

NORTH CAROLINA - NC General Assembly

H.B. 73 improves the State Capital Facilities Program by directing the State Building Commission to review the program and implement measures to reduce delays and increase accountability among the parties to the design and construction process, by increasing the bidding, bonding and designer selection thresholds for state construction contracts. (4-2-07: In House; reported favorably, committee substitute; re-referred to Appropriations)
H.B. 308 prohibits state and local government contracts with contractors who employ illegal immigrants; requires contractors to verify and certify their employees? legal status or authorization to work in the U.S. (2-22-07: In House; passed first reading; referred to Judiciary II)
H.B. 309 requires verification of the legal status of contracted state employees and of contracted and regular employees of local governments; requires contractors that provide labor or personal services to the state to participate in the basic pilot program. (2-22-07: In House; passed first reading; referred to Judiciary II)
H.B. 655 makes various changes to the laws relating to licensing of insurance producers; provides that an individual shall not simultaneously hold an agent?s and an adjuster?s license; makes changes in the fee structures for agents and adjusters. (3-15-07: In House; passed first reading; referred to Insurance)
H.B. 749 is an act to implement efficiencies within the university system as recommended by the President?s Advisory Committee on Efficiency and Effectiveness (PACE). When the total amount of construction contracts awarded for any one project exceeds $300,000, a performance and payment bond as set forth in (1) and (2) is required by the contracting body from any contractor or construction manager at risk with a contract more than $50,000; provided that, for the University of North Carolina and its constituent institutions, a performance and payment bond is required in accordance with this subsection if the total amount of construction contracts awarded for any one project exceeds $500,000. (5-16-07: In House; passed second and third readings)
H.B. 797 requires public guardians to be bonded. (4-3-07: In House; withdrawn from committee; re-referred to Aging and, if favorable, to Judiciary II)
H.B. 799 does not include public guardians in the bond requirement (see H.B. 797). (3-15-07: In House; passed first reading; referred to Judiciary II)
H.B. 1005 requires bonds for contracts issued by the Division of Motor Vehicles to commission contractors who operate license plate agencies. The bond amount for a commission contractor shall be at least equal to 150% of the revenues held at any time during the last fiscal year by a commission contractor. The bond amount shall also be at least $10,000. (5-17-07: In House; Committee substitute reported favorably; placed on calendar for 5-21-07)
H.B. 1121 concerns retainage payments and construction contracts. No retainage on periodic or final payments made by the owner or prime contractor shall be allowed on public construction contracts in which the total project costs are less than $300,000. Retainage on periodic or final payments on public construction contracts in which the total project costs are equal to or greater than $300,000 is allowed as follows: (1) the owner shall not retain more than 5% of any periodic payment due a prime contractor, etc. (see bill). (3-28-07: In House; passed first reading; referred to Commerce, Small Business and Entrepreneurship)
H.B. 1233 creates the Solid Waste Management Act; requires that an applicant for a permit and a permit holder establish financial responsibility to ensure the availability of sufficient funds. An applicant may establish financial responsibility through a cash deposit, insurance, binding letter of credit, binding loan commitment, surety, trust agreement, financial test or guarantee by a corporate parent or third party that can pass the financial test. A business entity that established financial responsibility for an applicant must be rated AAA by Standard & Poor's, Moody's Investor Service, or Fitch, Inc. If assets of a parent, subsidiary or other affiliate of the applicant, or a joint venturer with a direct or indirect financial or equity interest in the applicant are proposed to be used to establish the financial responsibility of the applicant, the party whose assets are to be used must be listed on the permit of the facility. Assets used to meet the financial responsibility requirements shall be in a form that will allow the department to readily access funds for the purposes set out in this section. Assets used to meet financial responsibility requirements shall not be accessible to the permit holder except as approved by the department. (3-29-07: In House; passed first reading; referred to Environment and Natural Resources and, if favorable, to Finance)
H.B. 1360 creates the Small Business Surety Bond Fund. The authority shall use the fund for the purposes of and to pay the expenses of the authority related to providing bonding assistance. (5-16-07: In House; Committee substitute reported favorably; re-referred to Appropriations)
H.B. 1475 provides for payment of cigarette taxes by stamp to limit the receipt and sale of non-tax-paid cigarettes and to limit retail sales; a licensed distributor may purchase stamps on credit if the licensee has filed a bond in an amount not less than the amount to be paid for the stamps and prior to the date any credit purchases are made. (4-16-07: In House; passed first reading, referred to Judiciary II and, if favorable, to Finance)
H.B. 1535 establishes the Community Association Managers Licensure Act; provides that every community association manager shall at all times be covered by a fidelity bond ($20,000) or insurance policy. (4-18-07: In House; passed first reading, referred to Judiciary I and, if favorable, to Finance)
S.B. 93 increases the threshold on construction projects from $300,000 to $500,000. (2-12-07: In Senate; referred to Commerce, Small Business and Entrepreneurship)
S.B. 573 restricts contracts and benefits to illegal aliens. (3-7-07: In Senate; referred to Finance)
S.B. 772 decreases the amount of the fidelity bond required of school finance officers from $250,000 to $50,000. (3-15-07: In Senate; referred to Finance)
S.B. 831 streamlines local government regulation of wireless facilities and wireless support structures; states that notwithstanding the provisions of this subsection, an authority may not: ... (6) impose surety requirements, including bonds, escrow deposits or any other type of financial surety, to ensure that abandoned or unused facilities can be removed unless the jurisdiction imposes similar requirements on other permits for other types of commercial development or land uses. If surety requirements are imposed, they must be competitively neutral, nondiscriminatory, reasonable in amount and commensurate with the historical record for local facilities and structures that fall into disuse. (3-15-07: In Senate; referred to Commerce, Small Business and Entrepreneurship)
S.B. 867 is the Senate companion to H.B. 749. (3-19-07: In Senate; referred to Education/Higher Education)
S.B. 1159 clarifies law governing modular homes. A modular home builder shall be licensed as either a manufactured home dealer or as a general contractor. Any person, other than a manufactured home dealer or general contractor, who undertakes to erect a modular home for compensation shall be licensed as a set-up contractor. A $5,000 bond is required for each modular home to be erected. (3-22-07: In Senate; referred to Commerce, Small Business and Entrepreneurship)
S.B. 1242 is the Senate companion to H.B. 1121. (3-26-07: In Senate; referred to Commerce, Small Business and Entrepreneurship)
S.B. 1245 is similar to H.B. 1121 and S.B. 1242. (5-8-07: In House; passed first reading, referred to Commerce, Small Business and Entrepreneurship and, if favorable, to Judiciary II)
S.B. 1315 establishes the Community Association Managers Licensing Act; requires managers to be covered by a $20,000 fidelity bond. (3-26-07: In Senate; referred to Commerce, Small Business and Entrepreneurship and, if favorable, re-refer to Finance)
S.B. 1357 creates a uniform motor vehicle chop shop law regarding the receiving, possession and distribution of stolen or altered motor vehicles and parts (court bond requirement). (3-26-07: In Senate; referred to Judiciary I (Civil))
S.B. 1435 provides that an application for a preneed funeral establishment license shall be accompanied by a surety bond of at least $50,000. (3-26-07: In Senate; referred to Commerce, Small Business and Entrepreneurship)
S.B. 1457 is the Senate companion to H.B. 1005. (5-15-07: In House; passed first reading, referred to Transportation and, if favorable, to Commerce, Small Business and Entrepreneurship)
S.B. 1492 is similar to H.B. 1233 but strikes the financial responsibility language. (3-27-07: In Senate; referred to Agriculture/ Environment/Natural Resources; if favorable, re-refer to Finance)

NORTH DAKOTA - ND State Legislature

NEW LAW ? H.B. 1033 (signed by the Governor on 3-12-07) relates to public improvements, bidding, construction management and public improvement contracts; provides that a governing body authorized to enter a contract for the construction of a public improvement in excess of $100,000 shall take from the contractor a bond before permitting any work to be done on the contract. The bond must be for an amount equal at least to the price stated in the contract and conditioned to be void if the contractor and all subcontractors fully perform all terms, conditions and provisions of the contract and pay all bills or claims on account of labor performed and any supplies, and materials furnished and used in the performance of the contract, including all demands of subcontractors. The requirement that bills and claims be paid must include the requirement that interest of the amount authorized under section 13-01-14 be paid on bills and claims not paid within 90 days. The bond is security for all bills, claims and demands until fully paid, with preference to labor and material suppliers. The bond must run to the governing body, but any person having a lawful claim against the contractor or any subcontractor may sue on the bond. A governing body may not require any person required to provide a surety bond to obtain the bond from a specified insurance or surety company or insurance producer or to submit financial data to the company or producer.
NEW LAW ? H.B. 1034 (signed by the Governor on 3-13-07) relates to adoption of the Uniform Trust Code and charitable trusts; provides that a trustee shall give bond to secure performance of the trustee?s duties, only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the trust and the court has not dispensed with the requirement.
H.B. 1308 is basically a rewrite of the fire, property and casualty insurance rates and rate filings statutes. (Failed to pass)
NEW LAW ? H.B. 1455 (signed by the Governor on 3-29-07) requires wholesale drug distributors to file a $100,000 bond.
NEW LAW ? S.B. 2036 (signed by the Governor on 4-13-07) relates to the registration of professional employer organizations; applicants shall maintain either a minimum working capital of $100,000 or a bond.
NEW LAW ? S.B. 2268 (signed by the Governor on 4-9-07) relates to viatical settlement contracts; providers and brokers are required to demonstrate evidence of financial responsibility (surety bond, cash, CDs, etc.) in the amount of $150,000.

OHIO - OH General Assembly

H.B. 156 regulates under the Superintendent of Financial Institutions the facilitation of refund anticipation loans and checks, including registration and surety bond requirements. (4-17-07: In House; assigned to Financial Institutions, Real Estate and Securities)
H.B. 223 relates to the regulation of dog breeding kennels; bond requires corresponds to the number of dogs ($5,000 - $50,000). (5-17-07: Introduced in House)
S.B. 173 is the Senate companion to H.B. 223. (5-17-07: Introduced in Senate)
S.B. 399 makes changes to the Public Insurance Adjuster Law; requires adjusters to post a $20,000 bond. (12-19-06: In Senate; committee report)

OKLAHOMA - OK State Legislature

NEW LAW ? H.B. 1795 (approved by the Governor on 4-24-07) increases the ranger bond from $2,500 to $500,000.

OREGON - OR State Legislature

NEW LAW ? H.B. 2109 (signed by the Governor on 5-9-07) divides content of existing construction contractor statute into smaller statutes; adjusts statutory references to existing statute; makes regulatory limitation for other political subdivisions same as limitation for cities and counties.
H.B. 2309 requires creation of contractor bond requirement alternatives for nonprofit organizations rehabilitating illegal drug manufacturing sites. (5-8-07: In Senate; third reading; passed)
H.B. 2394 requires motor vehicle salespersons to post a $5,000 bond. (2-2-07: In House; public hearing scheduled)
H.B. 2438 removes the requirement that a vehicle dealer provide certain title information on disclosure notice given to purchaser of vehicle sold on consignment. (5-18-07: In Senate; third reading; passed)
H.B. 2657 increases contractor bond amounts (see also S.B. 90). (5-3-07: In House; referred to Ways and Means by prior reference; do pass with amendments)
H.B. 2677 provides that the annual minimum bond for a wine self-distribution permit is $1,000. (5-18-07: In Senate; first reading, referred to President?s desk)
H.B. 2824 exempts contractors and subcontractors working on residential affordable housing projects from the requirement to file public works bonds. (3-1-07: In House; referred to Consumer Protection)
H.B. 3062 relates to bonding requirements for public improvement contracts; provides that a contracting agency may allow an emerging small business enterprise to provide an irrevocable letter of credit in lieu of payment and performance bonds. (3-13-07: In House; referred to Business and Labor)
H.B. 3076 relates to refund anticipation loans; requires licensees to file a $25,000 surety bond or irrevocable letter of credit. (3-28-07: In House; public hearing held)
H.B. 3242 creates categories and levels of construction contractor licensing; creates new experience, continuing education, bonding and insurance provisions for categories and levels of construction contractor; modifies claim and recovery provisions; imposes workers' compensation insurance requirement on certain contractors otherwise qualifying as exempt; declares emergency, effective on passage. (5-15-07: In House; third reading, referred to Ways and Means)
H.B. 3397 increases the bond for employment agencies from $5,000 to $20,000. (4-19-07: In House; public hearing scheduled)
S.B. 90 increases the general contractor bond from $15,000 to $20,000; increases the specialty contractor bond from $10,000 to $15,000; increases the inspector bond from $10,000 to $15,000. The board may reduce the amount of the bond required to $10,000 for a contractor who does not perform work exceeding $40,000 in gross annual volume and does not enter into contracts that exceed $5,000. (1-15-07: In Senate; referred to Business, Transportation and Workforce Development)

PENNSYLVANIA - PA General Assembly

H.B. 445 requires certain dog kennels to post a surety bond in an amount based upon the number of dogs. (2-26-07: In House; referred to Agriculture and Rural Affairs)
H.B. 507 provides for the regulation of home improvement contracts and the registration of certain contractors; establishes the Home Improvement Guaranty Fund; provides for claims against the fund. (3-6-07: In House; referred to Consumer Affairs)
H.B. 825 requires private detectives to file a bond in an amount set by the board. (3-19-07: In House; referred to Judiciary)
S.B. 311 requires wholesale drug distributors to submit a bond of at least $10,000, or other equivalent acceptable means of security. (3-13-07: In Senate; referred to Public Health and Welfare)
S.B. 335 regulates tax refund anticipation loan and check providers; $100,000 bond requirement. (3-12-07: In Senate; referred to Banking and Insurance)
S.B. 520 amends the Solid Waste Management Act of 1980; provides that all permits shall be bonded for at least $50,000 (currently $10,000). Liability under such bond shall be for the duration of the operation, and for a period of up to 15 full years (currently 10) after final closure of the permit site. (3-19-07: In Senate; referred to Environmental Resources and Energy)

RHODE ISLAND - RI General Assembly

H.B. 5014 creates the Uniform Debt-Management Services Act; $50,000 bond requirement. (2-13-07: Scheduled for hearing and/or consideration)
H.B. 5210 relates to courts and civil procedure (causes of action on surety bonds). A surety's bad faith refusal to pay a claim made under any bond of suretyship. - (a) notwithstanding any law to the contrary, any obligee, principal or claimant, under any performance or payment bond, may bring an action against a surety issuing such bonds when it is alleged that the surety wrongfully and in bad faith refused to pay or settle a claim pursuant to the provisions of the bond or otherwise wrongfully and in bad faith refused to timely perform its obligations under the bond. In any action brought pursuant to this section an obligee, principal or claimant may also make claim for compensatory damages, punitive damages and reasonable attorneys' fees. (3-27-07: Committee recommended measure be held for further study)
H.B. 6335 would increase from $50,000 to $200,000 the amount of certain public works contracts requiring contractors to give bond. (5-1-07: Introduced in House; referred to Finance)
S.B. 5 is the Senate companion bill to H.B. 5014. (1-9-07: Introduced; referred to Senate Corporations)
S.B. 34 establishes the Rhode Island Fair Debt Collection Practices Act; establishes requirements for the identity and supervision of debt collectors; requires licensees to post a $15,000 bond. (5-17-07: In House; referred to Corporations)
S.B. 192 is the Senate companion to H.B. 5210. (5-15-07: In House; referred to Judiciary)
S.B. 297 establishes guidelines for licensing underground utility contractors, and regular licensing of individuals who install, repair or alter underground utilities; every applicant for a certificate of license as an underground utility contractor to carry on the business of installing, repairing or servicing, alteration or replacement of sewer lines, storm drainage lines or water lines and related services, shall furnish a $10,000 bond. (4-25-07: In Senate; scheduled for hearing and/or consideration; Committee recommended holding for further study)
S.B. 673 establishes a residential contractor guaranty fund for homeowners who are aggrieved by contractors, and who have exhausted all other legal and equitable remedies. (4-25-07: In Senate; scheduled for hearing and/or consideration; Committee recommended holding for further study)
S.B. 929 would provide notice of a mechanics? lien effective as to any retainage earned but not paid. (5-15-07: In House; referred to Judiciary)
S.B. 972 is the Senate companion to H.B. 6335. (5-1-07: Introduced in Senate; referred to Labor)

SOUTH CAROLINA - SC State Legislature

H.B. 3025 provides for registration and other requirements ($5,000 bond) for persons engaged in the profession of providing immigration assistance. (3-7-07: Introduced in Senate; referred to Labor, Commerce and Industry Committee)
H.B. 3029 requires public employers of the state to register and participate in the federal work authorization program and to prohibit public employers of the state from entering into contracts for services unless the contractors and subcontractors comply with the federal work authorization program verifying information on all new employees. (1-9-07: Introduced; referred to Judiciary)
H.B. 3060 is similar to H.B. 3029. (1-16-07: In House; recalled from Labor, Commerce and Industry; referred to Judiciary)
H.B. 3635 gives the Family Court jurisdiction with the Probate Court over protective proceedings involving minors and persons with other incapacities, if the incapacitated person is already before the Family Court in a pending manner; allows a parent or grandparent to serve as conservator without bond. (3-6-07: In House; referred to Judiciary)
H.B. 3902 relates to surety bonding requirements for bidders on a public procurement contract. (4-17-07: In House; referred to Ways and Means)
H.B. 3981 increases the bonds required of motorcycle dealers or wholesalers from $15,000 to $30,000. (4-25-07: In House; referred to Labor, Commerce and Industry)
H.B. 4119 requires immigration assistance providers to post a $5,000 bond. (5-17-07: In House; referred to Judiciary)
NEW LAW ? S.B. 321 (signed by the Governor on 5-15-07; effective immediately) relates to the Nonpublic Post Secondary Institution License Act; relates to bonds or collateral for the protection of student tuition and fees.
S.B. 523 relates to licenses of residential builders and residential specialty contractors; increases the bond requirements from $15,000 to $30,000. (3-6-07: In Senate; referred to Labor, Commerce and Industry Committee)
S.B. 562 enacts the Debt Collection and Personal Property Recovery Act; regulates debt collectors and recovery agencies by the Department of Consumer Affairs; requires collection agencies to file a bond in an amount based upon the total value of South Carolina accounts in possession of the licensee in the previous year. (3-13-07: In Senate; referred to Banking and Insurance Committee)
S.B. 647 increases the bond for wholesale motor vehicle auctions, travel trailer dealers, a wholesaler or dealer from $15,000 to $30,000. (4-5-07: In Senate; referred to Transportation Committee)

SOUTH DAKOTA - SD State Legislature

S.B. 165 establishes provisions to regulate mortgage lenders and brokers; requires applicants to post a $50,000 bond. (2-1-07: In Senate Commerce; amended; recommended passage as amended)

TENNESSEE - TN General Assembly

H.B. 142 establishes a new method for registration as a land surveyor; applicant must pass required examinations and post a $2,500 bond. (3-21-07: In House; assigned to Utilities, Banking and Small Business subcommittee)
H.B. 276 concerns insurance companies, agents, brokers, policies; permits insurers to give preferences or distinctions in insurance coverage, rates, premiums, benefits or conditions based upon actuarial data of an association or occupational classification with more than 1,000 members residing in the state. (4-11-07: In House; taken off notice for calendar in subcommittee Industrial Impact of Commerce)
H.B. 705 relates to bond amounts for contractors; provides that for building permits under $30,000 the bond shall be $10,000; for building permits of $30,000 or more the bond shall be $50,000. (2-21-07: In House; assigned to Industrial Impact of Commerce subcommittee)
H.B. 1003 relates to mechanics? and materialmen?s liens in connection with improvement of real property; provides that Section 66-11-144 shall be applicable to all contracts when the contract price is $860,000 or greater (currently $500,000). (5-10-07: Transmitted to the Governor)
H.B. 1005 transfers the responsibilities of the Home Improvement Commission to the Contractor?s Licensing Board. (5-8-07: In Commerce; recommended for passage; if amended, referred to Finance and Ways and Means)
H.B. 1006 transfers the responsibilities of the Home Improvement Commission to the Contractor?s Licensing Board; moves the staff of the Commission to the Board; creates three subcommittees of the Board to focus on limited areas and report their findings and recommendations for final action by the Board. (5-16-07: In Senate; substituted House bill for Senate bill; reset on calendar for 5-24-07)
H.B. 1199 increases the motor vehicle dealer bond from $25,000 to $50,000; allows for coverage of dealer-to-dealer transactions. (3-21-07: In House; assigned to Utilities, Banking and Small Business subcommittee)
H.B. 1325 increases the notary bond from $10,000 to $25,000. (2-26-07: Assigned to subcommittee Civil Practice and Procedure of Judiciary)
H.B. 1384 increases the notary bond from $10,000 to $25,000. (5-16-07: Transmitted to the Governor for his action)
H.B. 1879 establishes and clarifies rights and procedures related to liens on improvements to real property. (4-10-07: In House; placed on regular calendar for 4-16-07)
H.B. 1984 relates to title pledge lenders. A surety bond, issued by an insurer regulated under title 56 and not affiliated with the applicant, in the amount of $25,000 for each location. However, in no event shall the aggregate amount of the surety bond required for a single title pledge lender exceed $200,000. In lieu of the surety bond, the applicant shall file an irrevocable letter of credit, in the amount of the surety bond, issued by any federally insured bank, savings bank or credit union not affiliated with the applicant. (4-24-07: In House; action deferred in subcommittee Utilities and Banking of Commerce to 2008)
H.B. 2118 provides that each practicing, active soil scientist shall obtain and maintain errors and omissions insurance evidencing general liability coverage for the negligent act or acts of the principal insured or the principal insured's agents operating in the course and scope of employment, in the minimum amount of $250,000. In lieu of such errors and omissions insurance, a soil scientist may obtain a performance bond, or an irrevocable letter of credit, in the amount of $30,000, for the benefit of any person who hires the soil scientist and is damaged because of any negligence or fraud by the soil scientist. (2-22-07: In House; passed second consideration, referred to Government Operations for review)
S.B. 448 increases the motor vehicle dealer bond from $25,000 to $50,000; allows for coverage of dealer-to-dealer transactions. (4-13-07: In Senate; assigned to general subcommittee of Transportation)
S.B. 534 replaces provision under which licensed professionals with proof of errors and omissions insurance are exempt from bonding requirements for subsurface sewage disposal systems with exemption for all state licensed professional engineers or registered engineer interns; limits applicability of bonding requirements for soil scientists, soil consultants and percolation testers to persons whose approval has been suspended or revoked and later reinstated. (5-9-07: Received from Senate; held on House desk)
S.B. 651 increases the notary bond penalty from $10,000 to $25,000. (4-23-07: In Senate; placed on Senate regular calendar for 4-25-07)
S.B. 1193 is the Senate companion to H.B. 142. (3-23-07: In Senate; assigned to general subcommittee of Commerce, Labor and Agriculture)
S.B. 1275 is the Senate companion to H.B. 1003. (5-7-07: In Senate; amendment withdrawn; substituted companion, sends this bill to the dead file)
S.B. 1288 is the Senate companion to H.B. 705. (3-2-07: In Senate; assigned to general subcommittee of Commerce, Labor and Agriculture)
S.B. 1453 increases the notary bond from $10,000 to $25,000. (2-12-07: In Senate; passed second consideration; referred to Judiciary)
S.B. 1558 is the Senate companion to H.B. 1984. (4-24-07: In Senate; assigned to general subcommittee of Commerce, Labor and Agriculture)
S.B. 1727 is the Senate companion to H.B. 1005. (5-16-07: In Senate; adopted amendment; reset on calendar for 5-24-07)
S.B. 1728 is the Senate companion to H.B. 1006. (5-16-07: In Senate; amendment withdrawn; substituted companion, sends this bill to the dead file)
S.B. 2031 is the Senate companion to H.B. 1879. (5-9-07: Transmitted to the Governor)

TEXAS - TX State Legislature

H.B. 447 relates to contracts by governmental entities for construction projects and related professional services and to public works performance and payment bonds; if a fixed contract amount or guaranteed maximum price has not been determined at the time the contract is awarded, the penal sums of the performance and payment bonds delivered to the governmental entity must each be in an amount equal to the project budget. (5-15-07: In Senate; placed on intent calendar)
H.B. 564 relates to the administration and operation of certain trusts and other property interests held for the benefit of another; a bond required by the instrument creating the trust must be conditioned, payable and in the amount as provided in the instrument; a bond required by a court must be: (1) in an amount and with the sureties required by the court order and payable to: (a) the trust estate of the trust; (b) the registry of the court; or (c) each person interested in the trust, as their interests may appear; and (2) conditioned on the faithful performance of the trustee's duties as trustee under the instrument creating the trust, this code or the common law of trusts. The bond must be in an amount and with the sureties required by order of a court in a proceeding brought for this determination. (d) any interested person may bring an action to: (1) require a bond, including a bond for a noncorporate trustee who is not required to provide a bond by the instrument creating the trust; (2) terminate a requirement for a bond, including a bond that is required by the instrument creating the trust; (3) increase or decrease the amount of the bond; or (4) substitute or add sureties. (5-16-07: In House; House concurs in Senate amendments)
H.B. 576 relates to the bid bond form of bid deposit for certain special district construction projects; provides that notwithstanding any criteria adopted under this subsection, the district must accept a bid bond in the amount required by the district as a bid deposit if the bid bond meets the other requirements of this subsection. (5-17-07: In Senate; placed on local and uncontested calendar)
H.B. 734 relates to contingent payment clauses in certain construction contracts; adds Section 35.521. (3-27-07: In House; scheduled for public hearing)
H.B. 1033 relates to the threshold amount at which certain water districts are required to solicit competitive bids before awarding certain contracts; raises the threshold from $25,000 to $50,000. (4-23-07: In House; companion considered in lieu of S.B. 657; laid on the table subject to call)
H.B. 1530 increases the bond required of educational institutions from $10,000 to $20,000. (5-15-07: In Senate; placed on local and uncontested calendar; laid over before Senate; read second time and passed to third reading; three-day rule suspended; read third time, passed; in House, Senate passage as amended report)
H.B. 1686 relates to registration and regulation of homebuilders and residential construction and improvements; creates a builder recovery fund. (3-19-07: In House; scheduled for public hearing; committee substitute considered; testimony taken; left pending in committee)
H.B. 1709 relates to bonds required of guardians and other personal representatives; provides that when a judge becomes aware that a bond is insufficient, he shall, without delay and without notice enter an order requiring the representative to give a new bond. (5 12-07: In Senate; reported favorably without amendments; recommended for local and uncontested calendar)
H.B. 1716 allows a registered financial services company to perform the services of a mortgage broker as if the company were licensed as a mortgage broker, through individuals who are the exclusive agents of the company; the company shall provide the commissioner with satisfactory evidence of an undertaking of accountability in a form acceptable to the commissioner, supported by a surety bond equal to $1 million to cover the person's responsibility for mortgage broker activities of each exclusive agent. (5-15-07: Sent to the Governor)
H.B. 1867 requires a person who offers, services or brokers a deferred presentment transaction to file a $1 million bond. (2-27-07: In House; read first time, referred to Financial Institutions)
H.B. 1886 relates to the procurement methods of certain political subdivisions and certain other entities for the construction, rehabilitation, alteration or repair of certain projects; provides that a payment or performance bond is not required for, and may not provide coverage for, the portion of a design-build contract that includes design services only. If a fixed contract amount or guaranteed maximum price has not been determined at the time a design-build contract is awarded, the penal sums of the performance and payment bonds delivered to the local governmental entity must each be in an amount equal to the project budget, as specified in the design criteria package. The design-build firm shall deliver the bonds not later than the 10th day after the date the design-build firm executes the contract, unless the design-build firm furnishes a bid bond or other financial security acceptable to the local governmental entity to ensure that the design-build firm will furnish the required performance and payment bonds when a guaranteed maximum price is established. (5-16-07: In Senate; reported favorably as substituted; recommended for local and uncontested calendar)
H.B. 1892 relates to the power of counties and certain other public entities with respect to certain transportation projects; performance and payment bonds required. (5-7-07: Sent to the Governor)
H.B. 1974 relates to the regulation of pharmacy benefit managers; an applicant must obtain and maintain a fidelity bond that protects against an act of fraud or dishonesty equal to at least 10% of the amount of money handled during the preceding year. (4-16-07: In House; scheduled for public hearing; withdrawn from schedule)
H.B. 2138 relates to regulation of property tax lenders; applicants shall file a bond in an amount not to exceed the total of $50,000 for the first license, and $10,000 for each additional license. (5-16-07: In Senate; scheduled for public hearing)
H.B. 2334 relates to the regulation of credit reporting bureaus; license applications must be accompanied by a $10,000 bond. (3-19-07: In House; referred to Financial Institutions; scheduled for public hearing; withdrawn)
H.B. 2373 relates to the purchasing and contracting practices of junior college districts; the district may require a bid deposit; a district may require a contractor to provide a performance bond in the amount of the contract before executing a contract for the purchase of goods or services with a value of $100,000 or more. (3-8-07: In House; read first time, referred to Higher Education)
H.B. 2967 relates to performance bonds required of statutory probate court judges; must post a $500,000 bond; allows for insurance in lieu of the bond. (5-16-07: In House; concurs in Senate amendments)
H.B. 3064 relates to the registration and regulation of certain discount health plans; requires program operators to maintain a $20,000 bond. (5-17-07: In Senate; scheduled for public hearing)
H.B. 3186 relates to the authorization and regulation of poker gaming and the duties of the Texas Lottery Commission; requires operators to furnish security in the form and amount set by the Commissioner (cash bond, surety bond, etc.). (5-9-07: In House; placed on general state calendar)
H.B. 3192 relates to the powers and duties of a regional tollway authority related to turnpikes and other related projects; authority shall require a private entity entering into a comprehensive development agreement under this subchapter to provide a performance and payment bond or an alternative form of security in an amount sufficient to: (1) ensure the proper performance of the agreement; and (2) protect: (a) the authority; and (b) payment bond beneficiaries who have a direct contractual relationship with the private entity or a subcontractor of the private entity to supply labor or material. A performance and payment bond or alternative form of security shall be in an amount equal to the cost of constructing or maintaining the project. (3-19-07: In House; read first time, referred to Transportation)
H.B. 3293 relates to the performance of certain civil duties by officers in the state; provides that an officer's surety may only be liable for the penal sum of the surety bond minus any amounts already paid out under the bond. In no event may an officer's surety be liable for more than the penal sum of the officer's surety bond. If the officer and the officer's surety are both defendants in an action brought under this chapter, the surety may deposit in the court's registry the amount unpaid under the surety bond and the court shall determine the proper disposition of this sum or order the return of the deposit to the surety in the court's final judgment. (5-16-07: In Senate; scheduled for public hearing)
H.B. 3335 relates to the operation of video lottery games to provide additional money to fund government programs; provides that an appointed member of the commission must post a $25,000 bond conditioned on faithful performance. (5-7-07: In House; scheduled for public hearing; meeting cancelled)
H.B. 3351 is similar to H.B. 3335. (5-7-07: In House; scheduled for public hearing; meeting cancelled)
H.B. 3753 relates to procurement methods of certain water utility systems for the design, construction and operation of certain facilities; a payment or performance bond is not required for, and may not provide coverage for, the portion of a design-build contract under this subchapter that includes design services only. If a fixed contract amount or guaranteed maximum price has not been determined at the time a design-build contract is awarded, the penal sums of the performance and payment bonds delivered to the water system must each be in an amount equal to the project budget, as specified in the request for qualifications or request for proposals. The design-build firm shall deliver the bonds not later than the 10th day after the date the design-build firm executes the contract unless the design-build firm furnishes a bid bond or other financial security acceptable to the water system to ensure that the design-build firm will furnish the required performance and payment bonds when a guaranteed maximum price is established. (3-22-07: In House; read first time, referred to Government Reform)
H.B. 3755 relates to procurement methods of municipal water utilities for the design, construction, rehabilitation, alteration or repair of certain projects; a payment or performance bond is not required for, and may not provide coverage for, the portion of a design-build contract under this subchapter that includes design services only. If a fixed contract amount or guaranteed maximum price has not been determined at the time a design-build contract is awarded, the penal sums of the performance and payment bonds delivered to the municipal water utility must each be in an amount equal to the project budget, as specified in the design criteria package. The design-build firm shall deliver the bonds not later than the 10th day after the date the design-build firm executes the contract unless the design-build firm furnishes a bid bond or other financial security acceptable to the municipal water utility to ensure that the design-build firm will furnish the required performance and payment bonds when a guaranteed maximum price is established. (3-22-07: In House; read first time, referred to Government Reform)
H.B. 3783 relates to the construction, acquisition, financing, maintenance, management, operation, ownership and control of transportation facilities, and the progress, improvement, policing and safety of transportation in the state; provides that the department shall require a private entity entering into a comprehensive development agreement to provide a performance bond and a payment bond or alternative forms of security, or a combination of bonds and alternative forms of security, in an amount, as determined by the department, that is sufficient to ensure the proper performance of the agreement, etc. (3-22-07: In House; read first time, referred to Transportation)
H.B. 3867 relates to a scholarship program for certain students in foster care; the commissioner may adopt rules requiring a participating school that accepts a scholarship to demonstrate financial solvency. If a participating school will receive more than $50,000 in state money during a school year, the school must demonstrate financial viability by showing that the school can pay any money owed by the school to the state by filing with the agency before the start of the school year: (1) a surety bond payable to the state in an amount equal to the aggregate amount of the scholarships expected to be paid during the school year for eligible students admitted to the participating school; or (2) financial information that demonstrates the school has the ability to pay an aggregate amount equal to the amount of the scholarships expected to be paid during the school year for eligible students admitted to the participating school. (3-22-07: In House; read first time, referred to Public Education)
S.B. 324 is the Senate companion to H.B. 734. (5-16-07: In House; placed on general state calendar; read second time, passed to third reading as amended)
S.B. 356 is the Senate companion to H.B. 447. (2-21-07: In Senate; read first time, referred to Government Organization)
S.B. 508 requires licensing agents to file a bond with the commission in an amount set by the commission. (5-10-07: In Senate; rules suspended, regular order of business; read second time and passed to engrossment; three-day rule suspended; read third time, passed; reported engrossed; transmitted to the House; read first time, referred to Licensing and Admin. Procedures)
S.B. 650 relates to prompt payment of contractors and subcontractors under a contract to improve real property. (2-28-07: In Senate; read first time, referred to Business & Commerce)
S.B. 651 relates to the regulation of the sale and inspection of real estate and residential service contracts; provides that an educational institution shall maintain a $20,000 surety bond. (2-28-07: In Senate; read first time, referred to Business & Commerce)
NEW LAW ? S.B. 657 (signed by the Governor; Eff. 9-1-07) is the Senate companion to H.B. 1033.
S.B. 753 is the Senate companion to H.B. 1867. (5-15-07: In House; read first time, referred to Financial Institutions)
S.B. 792 relates to the power of counties and certain other public entities with respect to certain transportation projects (performance and payment security). (5-17-07: In Senate; placed on major state calendar)
S.B. 935 is the Senate companion to H.B. 1716. (3-13-07: In Senate; referred to Business & Commerce; scheduled for public hearing; no action taken in committee)
S.B. 965 is the Senate companion to H.B. 3192. (5-17-07: In House; placed on local, consent and res. calendar)
S.B. 1064 is the Senate companion to H.B. 2373. (5-15-07: In House; scheduled for public hearing)
S.B. 1269 is the Senate companion to H.B. 3293. (5-17-07: In House; placed on local, consent and res. calendar)
S.B. 1320 increases the bond penalties for manufactured housing licensees; each retailer?s branch location - $50,000; rebuilder ? increased from $30,000 to $50,000; installer ? increased from $10,000 to $50,000. (3-19-07: In Senate; read first time, referred to Business & Commerce)
S.B. 1469 requires peace officers assigned to duty to provide security in primary and secondary schools to post a $1,000 bond. (3-20-07: In Senate; read first time, referred to Education)
S.B. 1521 is the Senate companion to H.B. 2138. (3-20-07: In Senate; read first time, referred to Business & Commerce)
S.B. 1799 is the Senate companion to H.B. 2967. (4-4-07: In Senate; scheduled for public hearing; testimony taken; left pending in committee)
S.B. 1892 is similar to H.B. 2138 and S.B. 1521. (3-22-07: In Senate; read first time, referred to Business & Commerce)

UTAH - UT State Legislature

NEW LAW ? H.B. 37 (signed by the Governor on 2-14-07; Eff. immediately) modifies the Cigarette and Tobacco Tax and Licensing Act regarding the payment of cigarette taxes and penalties for nonpayment; deletes the requirement that the taxable articles have to be in the hands of the wholesaler or distributor; requires any ?person? holding the unstamped cigarettes to secure the surety bond.
NEW LAW ? H.B. 40 (signed by the Governor on 3-13-07; Eff. 4-30-07) requires the State Tax Commission to determine whether an applicant for a license to collect a motor fuel tax or a special fuel tax is required to post a bond; provides the circumstances under which an applicant is required to post a bond; provides for the calculation of the amount of a bond if a bond is combined with another bond into one bond; applicants shall post a bond if a license was revoked for a delinquency.
NEW LAW ? S.B. 54 (signed by the Governor on 3-14-07; Eff. 4-30-07) provides that a surety or principal may not make a payment on a surety bond to any claimant until six months have expired from the date when the first claim on the bond was filed with the surety or principal in writing. After six months have expired, the surety or principal shall assess the validity of all claims on the bond; submit a distribution assessment determined in accordance with subsection (3)(c) regarding the bond proceeds to the claimants of valid claims for approval. If the total verifiable claims on the bond are less than the bond amount, then each bond claimant shall be entitled to the full amount of a valid claim. If the total verifiable claims exceed the bond amount, then the proceeds shall be distributed pro rata to the bond claimants of valid claims. If the distribution assessment under subsection (3)(b) is not unanimously approved by the claimants of all valid claims on the bond, the principal or surety shall file an interpleader action in the state district court where the defaulting dealer was licensed.

VERMONT - VT State Legislature

No information at this time.

VIRGINIA - VA General Assembly

NEW LAW ? H.B. 1850 (approved by the Governor on 3-19-07; Ch. 445; Eff. 7-1-07) amends the Condominium Act; authorizes the filing of a surety bond or letter of credit by the declarant in lieu of escrowing deposits. The bond shall be payable to the Commonwealth for the use and benefit of every person protected under the provisions of this chapter. The bond may be either in the form of an individual bond for each deposit or, if the total amount of the deposits exceeds $10,000, it may be in the form of a blanket bond.
NEW LAW ? H.B. 2016 (approved by the Governor on 3-21-07; Ch. 696; Eff. 7-1-07) requires any managing agent of a Condominium and Property Owners Association to keep funds deposited with the managing agent in fiduciary trust accounts in a federally insured financial institution, and to keep such funds segregated from other assets of the managing agent. Requires Associations to obtain a blanket fidelity bond or employee dishonesty insurance policy.
NEW LAW ? H.B. 2058 (approved by the Governor on 3-12-07; Ch. 269; Eff. 7-1-08) rewrites the notary law to include electronic notarization, and details the application and technology requirements.
NEW LAW ? S.B. 826 (approved by the Governor on 3-20-07; Ch. 590; Eff. 7-1-08) is the Senate companion to H.B. 2058.
NEW LAW ? S.B. 844 (approved by the Governor on 3-21-07; Ch. 712; Eff. 7-1-07) is the Senate companion bill to H.B. 2016.
S.B. 1342 relates to public institutions of higher education and their operational authority; except in cases of emergency, all bids or proposals for construction contracts in excess of $1,000,000 shall be accompanied by a bid bond as a guarantee that if the contract is awarded to the bidder, he will enter into the contract for the work mentioned in the bid. The amount of the bid bond shall not exceed five percent of the amount bid. No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the bid for which the bond was written and the next low bid, or (ii) the face amount of the bid bond. Nothing in this section shall preclude the institution from requiring bid bonds to accompany bids or proposals for construction contracts anticipated to be less than $ 1,000,000. (2-20-07: In House; left in Appropriations)

WASHINGTON - WA State Legislature

H.B. 1533 decreases the bond requirement for insurance producers from $20,000 to $2,500, or five percent of the premiums brokered in the previous calendar year, whichever is greater, but not to exceed $100,000 total aggregate liability. (2-22-07: In House; passed to Rules for second reading)
H.B. 1782 raises the threshold under which bonds are required from $25,000 to $35,000. (2-23-07: In House; public hearing in State Government & Tribal Affairs)
NEW LAW ? H.B. 1843 (signed by the Governor on 5-11-07) modifies provisions regulating contractors; revises claim provisions; provides that suit may be brought against the contractor and the bond; other technical changes.
H.B. 2106 revises provisions for farm labor contractors; adds other forms of security besides the bond requirement. (3-15-07: In House; returned to Rules for second reading)
S.B. 5047 provides for the surety bond amounts that contractors are required to file with the Department of Labor and Industries (based on gross revenue for four quarters preceding date of application). (1-9-07: In Senate; first reading; referred to Labor, Commerce, Research & Development)
S.B. 5208 requires that, on highway construction contracts administered by the Department of Transportation with an estimated contract price of $80 million or more, the Department shall fix the amount of the bond to adequately protect 100 percent of the state's exposure to loss. The amount of the bond shall not be less than $80 million. (4-22-07: In House; returned to State Rules Committee for third reading)
NEW LAW ? S.B. 5715 (signed by the Governor on 4-18-07; Ch. 117; Eff. 7-1-09) is the Senate companion bill to HB 1533.
S.B. 5735 is the Senate companion bill to H.B. 1843. (3-21-07: In Senate; Senate Rules ?X? file)

WEST VIRGINIA - WV State Legislature

NEW LAW ? H.B. 2718 (approved by the Governor on 3-21-07) provides that a racetrack table games licensee shall execute a surety bond in an amount determined by the Commission.
NEW LAW ? S.B. 712 (approved by the Governor on 4-4-07) requires wine distributors and suppliers to furnish a $10,000 bond.

WISCONSIN - WI State Legislature

No information at this time.

WYOMING - WY State Legislature

NEW LAW ? S.B. 61 (signed by the Governor on 3-8-07; Ch. 211; Eff. 7-1-07) relates to the Pharmacy Act; provides that by January 1, 2009, the Board shall require every drug distributor license holder and applicant to submit a $100,000 bond or other security acceptable to the Board.