May 2005

 

 Creating our Future Legacy

The new century has not extended a cordial welcome to the surety industry. Our most experienced leaders repeatedly state that they have never seen such a difficult business environment for our industry, and many are saying that we are not out of the woods yet! The common theme underlying the strategies proposed to address these problems is that change is necessary.

We are engaged in an energetic effort to create a better way of conducting our business, and in doing so we are developing the foundation for our industry’s future. Every member of NASBP has a responsibility to not only continue to execute the daily tasks of business well, but to responsibly assess and respond to issues that are opportunities or threats to our business. Our best efforts are required.

What should be our priorities? I’d like to suggest several areas for consideration:

  • Expectations for productivity and return on invested capital are demanding, often requiring greater results than our past efforts have produced;
  • Producers must achieve revenue and profit growth when historical levels of compensation are threatened, the cost of talent is very high, and product demand and availability is less;
  • The capacity of our industry is challenged to meet the requirements of our constituencies. We are engaged in a significant effort to responsibly meet not only our legislative mandates, but also the demands of the private sector;
  • As our customers’ “Trusted Advisors,” we need good people; stronger continuity plans; more useful, efficient internal controls and automation platforms; new products; and better expense control. The scope of this requirement is significant.
  • We need to continuously help people understand our product and how it works;
  • We keep our promises and pay our claims, as evidenced by the billions of dollars spent in just the past five years alone. Despite the extraordinary value that has been preserved by our actions, we continuously debate the shortcomings of our practices. Our self-consciousness is healthy, but it should not compromise our confidence in the services we provide.

NASBP is a conduit for helping with all that needs to be done. Whether it is government affairs, public relations, education, automation, our meetings, disseminating information, or preserving our professional standards, NASBP serves the needs of its members and supports them in any way it can. As we have always done, we will sweat the small stuff; seek the right priorities, and maintain continuity in our efforts. You expect that of your Association, and we are dedicated to meeting your expectations.

Our future legacy won’t be defined by the core activities NASBP does. It will be defined by the success of its members, and the confidence and optimism that such success will generate. We have the knowledge, talent, and commitment to find better ways. Let’s be innovative and productively transform our businesses!

Ed Heine is Executive Vice President for the Payne Financial Group in Missoula, MT. He can be reached at  eheine@pfgworld.com. 

   Curtis B. Roberts Receives NASBP’s 2005 Bruce T. Wallace Award

In 1990, NASBP’s Executive Committee established the Bruce T. Wallace Award in memory of the Association’s first and long-time executive vice president. In determining the criteria for the award, the Executive Committee agreed that such individuals must have distinguished themselves through long and exceptional service to NASBP or the surety industry, or both. This service must have been characterized by commitment, consistency, intensity and impact. And, candidates must have conducted themselves throughout their career in accordance with the highest ethical standards.

NASBP awarded Curtis B. Roberts, President of Mills Roberts & Associates, Dallas, TX, the Bruce T. Wallace Award at NASBP’s Annual Meeting & Expo last month in San Diego. In addition to being NASBP’s President in l988, he was also a Director of the National Association of Casualty and Surety Agents, a founding member of the Pan American Surety Association and the Texas Surety Federation, and received Distinguished Service Awards from both the Associated General Contractors and the American Subcontractors Association.

Curtis’s career spans over 50 years and includes about half of that time on the company side and the balance of the time as a bond producer and member of NASBP. In accepting the award, Curtis said, “I had the opportunity to interact with the giants of the industry, on both sides, during the 50s and 60s, and I am happy to have shared that experience with my wife, Jean…[She]has been with me every step of the way and has enjoyed many of the meetings of both NASBP and our 25 years of going to The Greenbrier with NACSA. I am grateful that she is here today to share with me this honor in memory of Bruce. She endured hundreds of hours of waiting for me to deal with committees, industry meetings, and so on, and it is now pay day for us in terms of this honor.”

The Bruce T. Wallace Award holds special sentiments for both Curtis and Jean Roberts. Not only were they very close to Bruce and his wife, Joni, but also the Wallace children, Jeni, Juli and Scott, and have maintained that relationship over the years. In fact, Jean, Joni and the Wallace twins (Jeni and Juli) are planning to spend time together in New York in September to continue their annual trips together.

Curtis ended his remarks with a special thanks to his colleague, Cheryl Brodaski. “The only thing I am sorry about is that my Associate and partner for the past 27 years, Cheryl Brodaski, is not here today to join with me in thanking you.  She made it possible for me to spend the time and effort it takes to be an active participant in this industry. I hope I have given back a portion of what I have received. Thank you, Cheryl.”

Previous awardees include: Vince Como, Jack Curtin, Ted Adams, Charlie Fleck, George T. Holbrook, Jr., Dick Beck, Ted French, John Martinsen, Dennis Flatness, George Thompson, and Bob Saul.

 

   States Consider Raising Bond Thresholds and Waiving Bonds 

As reported in the February issue of Pipeline, 2005 is an active year in the state legislative arena. The legislatures of all 50 states convene at various times this year. Many have adjourned already, e.g., Maryland, Georgia, Idaho, and Montana; some are in the process of adjourning, e.g., Alabama, Colorado, and Florida; and one state, Louisiana, has just started its session.

One thing is for sure, there has been no lack of bills dealing with state bonding thresholds and waiving bonds for certain projects or construction stakeholders. Construction-related bills of interest to surety professionals are bills lowering retainage in some states under certain conditions and legislation dealing with design-build, construction management, and job order contracting. Click here to see a brief overview of how these bills fared.

   San Antonio Chapter of ASA Honors A.C. “Ace” Tinch

The San Antonio Chapter of the American Subcontractors Association recently announced that A.C. “Ace” Tinch, of NASBP member Harding-Conley-Drawert-Tinch Insurance Agency, Inc. is the recipient of its 2005 Pioneer Award. In making the announcement, the Chapter indicated that next year “Ace will celebrate his 50th year of involvement in the construction industry,” during which time, “he has had a tremendous impact on literally thousands of construction contractors, both in their businesses and personally.”

The announcement reflected on Ace’s involvement over the years in various capacities of such construction-related organizations as NASBP, the Associated General Contractors, San Antonio Chapter, and the Associated Builders and Contractors, South Texas Chapter. He also has been active in a variety of civic and professional organizations, such as the Texas Statewide Credit Executives, Oak Hills Rotary Club, National Association of Credit Management, Cystic Fibrosis Foundation, and the San Antonio Local Development Board, to name a few.

In terms of Ace’s contributions as a professional surety bond producer, the announcement commented:

Construction bonds are the lifeblood of most contractors. Our recipient has made it possible for many contractors to obtain that first bond, grow their bonding ability to the next level, and maintain their ability to bond in the bad times. He has been a true pioneer as a construction bonding agent. His philosophy is ‘when we bond contractors, we have to get to know them personally, including their financial abilities, their character, their capacity and their knowledge of construction.  In doing that, you create a relationship and I would characterize bonding as a relationship business.’  I firmly believe that every contractor he has worked with saw him as a person who genuinely cared about their success as contractor and as a person.

Ace was quoted as saying, “I love our industry, and I am proud to be associated with the folks involved in construction.  They are fine, fine people!”

NASBP congratulates Ace on winning this award!

 

   Highlights From NASBP’s 2005 Annual Meeting &
Future Meetings You Won’t Want to Miss!
2005 Annual Meeting & Expo Highlights

If you weren’t there…couldn’t make it…or were there and want to relive the memories— Click Here to view the photos and capture the “spirit” of the NASBP Annual Meeting at The Manchester Grand Hyatt in San Diego.

To insure you’ll be there next year, mark your calendars now for May 6 – 10 when the 2006 Annual Meeting & Expo will take place at the Disney Grand Floridian in Orlando.

Mark Your Calendars NOW for NASBP’s 2005 Regional Meetings!

REGIONS 1, 2, 3*
Vail Marriott Mountain Resort & Spa
Vail, Colorado
(970) 476-4444
September 15 – 17, 2005

REGIONS 4, 5, 6, 7*
Flamingo Las Vegas Hotel
Las Vegas, Nevada
(702) 733-3111
October 13 – 15, 2005

REGIONS 8, 9, 10, 11*
Baltimore Marriott Waterfront Hotel
Baltimore, Maryland
(410) 385-3000
October 2 – 4, 2005

*More details and meeting registration soon will be available at www.nasbp.org

 

   NASBP Offers Expo at Annual Meeting

NASBP held its 6th Expo in as many years, offering Annual Meeting attendees a one-of-a-kind venue to explore and learn about the latest industry products and services. Attendees had an opportunity to test drive, discuss and purchase products and services, network with their peers and find solutions to their issues.

List of Exhibitors

ABC Construction Executive Magazine

American Institute for CPCU and the Insurance Institute of America

 

AMS Services, Inc.

 

Beneco, Inc.

Blair Business Systems

Construction Industry CPAs Consultants Association (CICPAC)

Construction Financial Management Association (CFMA)

 

Contractor Business Resources, Inc. – click here for ad

FMI Corporation

Granite Loan Management

InSure Vision Technologies, LLC

 

iSQft

 

Lexington National Insurance Corporation

Moody’s KMV

North American Construction Services, Inc.

Rimkus Consulting Group, Inc.

SAFECO Insurance Companies

Surety Information Office (SIO)

The Road Information Program (TRIP)

U.S. Small Business Administration

Workgroup Technology Partners

NASBP Wishes to Thank ACORD for Sponsoring the Internet Cafe.

For more information, please contact Susan DeCourcey at (202) 464-1177.

 

 
   Turning Around Misperceptions About Surety Bonds:
How Producers Can Help
Surety bonds are often criticized by those who want to use them as default protection. The basis of the criticism usually stems from the perception that sureties never end up paying claims, and that there is always a way for a surety to avoid liability on a “technicality.” These criticisms are far from reality.

The truth is that conditions may exist in which coverage under a surety bond is limited. Producers can help prevent this from happening through vigilant, up-front efforts as illustrated by the following examples.

In HWH, L.P. v. Federated Mutual Ins. Co., 2004 W.L. 726813 (Tx. App. 2004), the court held that an owner could not recover on the performance bond supplied by an electrical contractor because of restrictive language in the bond. The bond described the project as “electrical installation for a new food facility.” The owner’s claim, however, related to work on a library – work that was added to the project after the delivery of the bond. The court held that the bond, by its terms, only applied to the food facility work and did not apply to subsequent work on the library. The owner could have avoided this result by either using different wording for the original description of the project, or by verifying with the surety that the change would not affect the bond’s coverage. Most likely, the owner never even thought about the bond when it expanded the scope of work.

In Elm Haven Constr. Ltd. P’ship v. Neri Const., LLC 376 F.3d 96 (2d Cir. 2004) a subcontractor and its surety avoided liability to the general contractor obligee because the general contractor did not follow the default procedures set forth in its agreement with the subcontractor. The bond had very specific language in it giving all the steps the obligee had to go through to declare a formal “default,” and the general contractor didn’t go through them.

Although these cases may reinforce the misperceptions that many owners and general contractors have about bonds, in truth, the obligees were at fault for not choosing bond language that would work for them if a default ever occurred. Producers are in a good position to turn these negative perceptions around.

For example, the result may have been different if the bond in the HWH case cited above described the project more generally and was not just limited to the food facility. Keep in mind, though, that “cardinal” changes, which change the entire nature of the bonded job, could still have voided the bond obligation. Had the general contractor in the Elm Haven case used a bond form that wasn’t so complicated, it might not have erred to the point of losing the value of its bond.

Expanding the universe of bond buyers to include general contractors and non-public owners that have the option, but not the obligation, to use bonds is obviously good for producers and sureties. Some bond forms are tougher to make claims on than others. Helping the customer who is looking for the right form for its project may mean showing it more than one form of bond. In that way the customer, its risk managers, and lawyers can decide what language meets their needs.

NASBP’s General Counsel is Susan McGreevy of Husch & Eppenberger LC, Kansas City, MO.

 

 

  NASBP Welcomes New Members

NASBP welcomes the following new Members who have joined the Association since the last issue of Pipeline.Cobbs, Allen & Hall, Inc.
115 Office Park Dr.
Ste. 200
Birmingham, AL 35223
Key Contact: Thomas J. Bole
www.cobbsallenhall.com

Construction Capital Incorporated
1710 No Douglas Dr.
Suite 110
Golden Valley, MN 55422
Key Contact: Donald B. Zalk
www.constructioncapitalinc.com

IMA of Texas, Inc.
8401 N. Central Expressway, Suite 515
One Lincoln Park
Dallas, TX 75225
Key Contact: Darrin J. Weber
www.imacorp.com

M.B. McGowan & Associates Insurance Agency, Inc.
7250 Redwood Blvd., Suite 110
Novato, CA 94945
Key Contact: Michael B. McGowan
www.mbmcgowan.com

Tanner Insurance Brokers
4670 Willow Road, Suite 250
Pleasanton, CA 94588-2710
Key Contact: Steve N. Passerine
www.tannerins.com

 

   On the Hill

US H 3: The Transportation Authorization Bill authorizes funds for the Federal-aid highways, highway safety programs, and transit programs. Because this legislation is moving at such a rapid pace, it is difficult to predict how the final bill will turn out and at what funding levels. Stay tuned for next month’s edition of Pipeline for more details.

US S 467: Extends the Terrorism Risk Insurance Act (TRIA), which is scheduled to sunset at the end of this year, to 2007. A temporary two-year extension is being urged to allow time for evaluation of the Treasury Department’s assessment and creation of a longer-term solution that would draw on both public and private resources. On April 14, the Senate Committee on Banking, Housing and Urban Affairs held a hearing on this bill where the proponents of the extension explained that the unknown frequency and high severity of terrorism losses makes insurers unable or unwilling to shoulder this risk alone. Further action is not expected until after June, when a statutorily mandated Treasury Department assessment of the program is expected.

US H 1468: Introduced by Nancy Johnson (R-CT), this bill amends the Internal Revenue Code of 1986 to replace the recapture bond provisions of the low-income housing tax credit program. According to The Low Income Housing Tax Credit (LIHTC) Monthly Report, a publication by Novogradac & Company LLP about the low-income housing tax credit industry, the recapture bond requirement imposes “significant unnecessary costs on investors” and the publication quotes the IRS as stating that it is “administratively difficult to support.”  The LIHTC Report goes on to say, “Today, only three surety companies write this type of business, and the market for housing credit recapture bonds is very inefficient. Compounding this, in the aftermath of the September 11th terrorist attacks and corporate accounting scandals, the surety market has been in turmoil.”  US H 1468 has been referred to the House Committee on Ways and Means.

The most recent status regarding all of the bills noted above can be found on NASBP’s “Members and Affiliates” only site at http://custom.statenet.com/nasbp/ or contact Tiffanee Saunders at tsaunders@nasbp.org if you have any questions.

   Briefly Noted

 

PASSING

Theodore J. “Ted” Adams, 80, of Wheaton, IL, died Saturday, May 14, 2005. Ted was born in Chicago but raised in Lombard, IL, where he graduated from high school. He then enlisted in the Army Air Forces and flew P-47s during WWII.

After WWII, Ted moved back to Lombard and began his insurance career. He graduated from the Illinois Institute of Technology with a B.S. degree. But he never lost his interest in flying. He stayed in the active Army Reserve, was called to duty for the Korean War, and retired in 1973 with the rank of Colonel. In addition, he was a founding member of Lima Lima flight team of Naperville.

Ted’s insurance and surety career began at Fireman’s Fund Insurance and then Royal Globe Insurance. In 1967 he and a partner began Cory & Adams Inc, an agency located in Chicago, which handled commercial property and casualty insurance and specialized in surety bonds. The agency moved to Oak Brook in 1971, and in 1981, Ted assumed sole leadership of the agency and changed its name to T.J. Adams & Associates. He served on NASBP’s Board of Directors and as a vice president of the Association, and in 1993, he received NASBP’s highest honor, the Bruce T. Wallace Award. He also served on the board of the Council of Insurance Agents and Brokers.

He is survived by his wife of over 60 years, June, his four children including his son John who joined his father in business, twelve grandchildren, and nine great-grandchildren. Memorial gifts may be made to the St. Matthew United Church of Christ Memorial Fund; 1420 S. Gables; Wheaton, IL 60187. An online guest book is available at hultgrenfh.com.

PASSING

NASBP regretfully reports that Linda Gibson, office manager of Smith-Manus in Louisville, KY, lost her fight against cancer on April 23, 2005. A 22-year employee of Smith Manus, she is survived by her husband, two sons, mother, brother, sister, and five grandchildren.

POSITIONS

LARGE REGIONAL AGENCY in Baltimore, MD, is looking for a Surety Underwriter/Producer.

·         Responsibitities: Individual will be responsible for prequalification, marketing and servicing of existing contract and commercial surety accounts.   Production responsibilities commensurate with experience.

·         Requirements: Experienced underwriter who is highly motivated, detailed   oriented, and must have excellent interpersonal and communication skills.

·         Contact:  Brian Wilcox, HMS Insurance Associates, at 410-337-9755 or by email at bwilcox@hmsia.com, or fax resume to 410-337-0551. 

CAPITOL INSURANCE COMPANIES is seeking a Commercial Surety Underwriter for its Madison, WI office.

·         Responsibilities:  Ensuring underwriting growth and profitability by underwriting new and renewal surety business as well as managing agency relationships.

·         Requirements:  Bachelor’s Degree, or equivalent, plus 3-5 years surety experience and their Associate in Fidelity & Surety Bonding (AFSB) designation (or working towards it).  Essential skills include:  strong underwriting and marketing skills; excellent interpersonal and communication skills; knowledge of bonds, procedures and rates; and knowledge of specified territory including agency plant, accounts, competition and general business climate.  The abilities to think analytically, problem solve, and utilize word processing and spreadsheet software (Microsoft) are a must.

·         Contact:  Hayley Hellenbrand, Human Resources Specialist at 608/232-5504, e-mail jobs@capitolindemnity.com or fax resume to 608/231-0067.  Visit www.capitolindemnity.com for more company information. EOE 

LIBERTY MUTUAL is seeking a Senior Surety Underwriter for its Dallas, TX office

·         Responsibilities:  Solicits commercial surety account submissions from assigned producer plant; underwrites those accounts in conformance with Company underwriting guidelines to determine if they meet risk acceptability standards and or the strategy of the organization; underwrites and administers commercial surety risks that vary in size and complexity.

·         Requirements:  BA or BS in Business Administration or related field and a minimum of 3 years related surety underwriting experience required. Proven analytical ability to evaluate underwriting risks within limited authority. Demonstrates effective communication and interpersonal skills in dealing with agents, brokers, CPAs, bankers, attorneys, etc.

·         Contact:  To apply for this position please visit: http://www.libertymutual.com/careers, click on the Search Jobs link and enter the following requisition number in the Keyword Field: 15363BR.  

 

OLD REPUBLIC SURETY COMPANY has an opportunity for a Surety Bond Field Underwriter for the Indiana/Kentucky territory.

·         Responsibilities:  Market both contract and non-contract surety and fidelity bonds, and underwriter renewals and submissions primarily in the states of Indiana and Kentucky.  Work from home, but travel the territory daily.

·         Requirements:  Several years of experience underwriting and marketing all types of surety bonds, strong analytical and communication skills, and knowledge of the business climate in the area.  Bachelor’s Degree or equivalent highly preferred.  Includes a company car and bonus programs.

·         Contact:  Janell Manson, HR Director at 262/797-2643, e-mail manson@orsurety.com or fax resume to 262/797-8874.  Visit www.orsurety.com for more company information.

 

   Mark Your August Calendars for the LAST Level I Surety School Session of 2005

 

Don’t miss your chance to register for the last Level I William J. Angell Surety School of the year, which will take place August 3-6 at the Dallas Fairmont Hotel in Dallas, TX. Please visit NASBP’s website to review the brochure for curriculum information and to register. Register soon

because space is limited.

 

   PR’s Countersignature Statute Is Deemed Unconstitutional

On March 31, 2005, U.S. District Judge José Antonio Fusté struck down Puerto Rico’s statute prohibiting non-resident insurance brokers from doing business without the countersignature of a resident agent.

According to an announcement issued by the Council of Insurance Agents and Brokers (CIAB), the organization that brought action against the Puerto Rico statute, “The new ruling will not be final for 30 days to allow Puerto Rico to appeal the decision. The Nevada ruling also has not been finalized because of an appeal by the state. The Nevada Independent Insurance Agents is supporting the state’s appeal, while the Risk Insurance Management Society is backing the Council’s efforts to throw out the statute.”

Puerto Rico joins Florida, Nevada, and West Virginia as Council successes in arguing that countersignature statutes are unconstitutional, because they violate both the privilege and immunities and equal protection clauses of the U.S. Constitution. Lawsuits brought by CIAB against South Dakota and the Virgin Islands are the only ones that remain undecided.

 

   Changes to the T-List

The Department of the Treasury’s Listing of Approved Sureties (Circular 570) has been updated as follows:

Added to the Listing of Approved Sureties:

  • Companion Property and Casualty Insurance Company, Effective 04/01/05
  • Endurance Reinsurance Corporation of America, Effective 04/01/05
  • First Founders Assurance Company, Effective 03/25/05
  • Stonebridge Casualty Insurance Company, Effective 03/25/05

For more information, go to: http://fms.treas.gov/c570/c570.html and http://fms.treas.gov/c570/supplements.html.

 

   SIO Announces 2004 Award Recipients 
The Surety Information Office (SIO) has named the recipients of the 2004 Gold and Silver Awards for Excellence in Surety Bond Promotion and the newest member of the Tiger Trust.

The Awards for Excellence in Surety Bond Promotion are presented annually by SIO to local surety associations that actively promote the benefits of surety bonds. Five local surety associations received the Gold Award for Excellence in Surety Bond Promotion for conducting at least 10 activities to promote the use and image of contract surety bonds. Recipients include:

  • Florida Surety Association
  • Surety Association of Kansas City
  • Surety Association of Ohio
  • Surety Association of St. Louis
  • Surety Association of San Diego

Three local surety associations received the Silver Award for Excellence in Surety Bond Promotion for conducting at least five surety promotional activities. Recipients include:

  • Alabama Surety Association
  • Mid-Atlantic Surety Association
  • Surety Association of Nevada

The members of these local surety association went above and beyond the call of duty to educate their local communities on the importance and value of surety bonds. The surety industry was well represented with these volunteer-driven initiatives and outreach to CPAs, bankers, lawyers, students and educators, private and public owners, and contractors.

SIO also inducted Al Hultgren of Payne Financial Group in Billings, MT into the Tiger Trust. The Tiger Trust is an elite honorary society of surety industry professionals who work with private construction project owners or lenders to ensure that contract surety bonds are specified on their projects.

Hultgren convinced the Deaconess Billings Clinic Facility in Billings to bond a $2.5 million segment of its expansion plan. The total expansion project, which is scheduled to take place over the next 10-plus years, will total over $100 million and will be broken into 15 divisions or bid packets.

The Tiger Trust plaque and pin and the Awards for Excellence in Surety Bond Promotion, sponsored by SIO, were presented April 13, 2005 at NASBP’s annual meeting in San Diego, CA and also will be presented at the annual meeting of The Surety Association of America in Chicago, IL on May 12, 2005.

Please join SIO in congratulating the hard work and dedication of the individuals and groups who helped make 2004 such an outstanding year for promoting the industry!

 

Pipeline is produced monthly by the National Association of Surety Bond Producers, 5225 Wisconsin Avenue, NW, Suite 600, Washington, DC 20015-2014, 202/686-3700, Fax: 202/686-3656, www.nasbp.org, Internet e-mail address: info@nasbp.org

Disclaimer: This information is provided for educational and informational purposes only and is not intended to serve as legal advice. Readers are cautioned to consult their legal counsel on any specific matters.

June 2005

 

 

 

 

 

 

 

   Good News and Creating Value

Good News goes a long way. At a minimum, it creates a positive reaction and should be inspirational. It can be a powerful agent for change and often has a positive bearing on future events. In my first months as NASBP’s President, I have worked on issues with NASBP staff and leadership, senior leadership of several affiliates, and many producer/broker members. A common theme has developed: There is much more good news than bad, and the general attitude of surety professionals is improving to a significant degree! I’d like to share a few examples with you:

  • Financial results are being described as “encouraging, on target, stabilizing,” and “much better”.
  • Underwriting has “greater consistency” and is “more responsive,” a characteristic of increasing confidence by surety companies in their revised systems.
  • Members and affiliates are recruiting new talent for our businesses at a greater rate than in previous years. Interestingly, experienced professionals in accounting, banking, construction, and law have chosen our businesses as the next step in their career development. This is a testament to the rewarding opportunity the surety industry provides.
  • A new product, providing capacity for mega-projects, has been developed, which represents an innovative approach to owners’ demands of our industry.
  • Producers and underwriters are working together to address industry issues in a proactive, cooperative manner. This is a big deal! When we can find common ground in our advocacy efforts, we are a much more powerful force. Greater cooperation and compromise exists at the trade association level and in client-producer/broker-surety relations. Things are getting done and for the right reasons!

Admittedly, these are general remarks, but they represent positive characteristics of our industry and illustrate a subtle change in attitudes, which is a significant development for our businesses, given our recent past.

Creating ValueA major surety company invited several of its “best and brightest” talent to a training session last month, and I had the pleasure of speaking with the group. The talent was apparent; they were an impressive group. We discussed the creation of value in a surety relationship, both between the surety company and the producer/broker and between the surety company and the client.

Interestingly, the discussion challenged the group probably because of the tendency to take so much for granted when we assess our services. We developed a list of characteristics that surety professionals should have, including: knowledge, resourcefulness, clarity, speed, professional presentation, salesmanship, responsiveness, and integrity. Our focus was on building the better relationship among all parties through the surety process. Sound fundamental? Sure it does.  It seems, however, like the good news is being generated, because many are assessing their performance in these areas and working hard to enhance their role in the surety relationship.

By the way, NASBP is always working hard to enhance the value of your membership; the list of activities is too extensive for this note.  A key initiative that should be mentioned represents an investment that we are making in our education program. This month, the Education Committee will meet in Washington to revise the course materials for the William J. Angell Surety School. The result will be more user-friendly, consistent presentation formats for faculty and students alike and should enhance what is already a very highly rated program for our members. Pipeline addresses several other areas that illustrate the consistent and effective effort that NASBP leadership and the staff in Washington, D.C. deliver. Their efforts help define the relevance of NASBP and create value for our members.

Good News and Creating Value. The surety industry needs an abundance of both at this time. Let’s keep the focus on the positive things we can achieve!Ed Heine is Executive Vice President for the Payne Financial Group in Missoula, MT. He can be reached at  eheine@pfgworld.com.

 

NASBP Elects Leadership at 63rd Annual Meeting 
During NASBP’s annual meeting that took place April 11-13, 2005 in San Diego, CA, Ed Heine, CIC, Executive Vice President of Payne Financial Group, Inc. in Missoula, MT, was elected NASBP’s 56th president. To get to know Ed better, click here.Stephen L. Cory, President of Cory, Tucker & Larrowe, Inc. in Metairie, LA, was elected first vice president. Sarah M. Finn, National Surety Vice President of IMA of Colorado, Inc. in Denver, CO, was elected second vice president. William F. Maroney, Senior Vice President of City Underwriting Agency, Inc. in Lake Success, NY, was elected third vice president. Also serving on the Board of Directors as past president is Craig E. Hansen, AFSB, CPCU, Vice President of Holmes Murphy & Associates, Inc. in Des Moines, IA.

The NASBP Board of Directors includes:

Don K. Ardolino, CPCU
Vice President
J.D. Kutter Insurance Associates, Inc.
St. Louis, MO;

Larry J. Cramer
Vice President
George J. Siebers & Co., Inc.
Merriam, KS;

Mark W. Edwards, II
Senior Vice President, McGriff, Seibels & Williams, Inc.
Birmingham, AL;

Susan Hecker, CPCU
Executive Vice President
Gallagher Construction Services
San Francisco, CA;

Todd P. Loehnert
Senior Vice President/Bond Manager
Acordia of Kentucky, Inc.
Louisville, KY;

Lawrence F. McMahon
First Vice President
Driver Alliant Insurance Services, Inc.
San Diego, CA;

Ronald M. Metcho
Vice President
Saul-Metcho
Kingston, PA;

Arnaldo Soto, Jr.
Vice President
Carrion, Laffitte & Casellas, Inc.
Hato Rey, PR;

Keith W. Brown
President
Brown & Associates, LLC
Memphis, TN;

Carl Edward Dohn
President
Dohn & Associates
Palatine, IL;

Stephen W. Freeman
Principal
Hess, Egan, Hagerty & L’Hommedieu, Inc.
Chevy Chase, MD;

Rodney A. Higgins
President
Higgins & Rutledge Insurance, Inc.
Boise, ID;

Kurt C. Lundblad
Vice President
Cedarleaf, Cedarleaf & Cedarleaf, Inc.
St. Paul, MN;

John S. Meehan
Vice President
Acordia of Kentucky, Inc.
Louisville, KY;

Robert E. Shaw
Vice President/Treasurer, Skillings-Shaw & Associates, Inc.
Lewiston, ME; and

Tracy D. Tucker
President
Tucker Agency, Inc.
Fort Worth, TX.

Regional vice presidents of NASBP elected for one-year terms are:

             ·   Region 1     Carl Newman, Vice President/Surety Manager,
Parker/Smith/Feek, Inc., Bellevue, WA

             ·   Region 2     Richard W. Pratt, Vice President, InterWest Insurance
Services, Inc., Sacramento, CA.

             ·   Region 3     Kathryn L. Corcoran, Vice President, Downey & Company,
Albuquerque, NM.

             ·   Region 4     Patrick T. Pribyl, Senior Vice President, Lockton Companies,
Inc., Kansas City, MO.

             ·   Region 5     John E. Tauer, Vice President, Cobb Strecker
Dunphy & Zimmerman, Inc., Minneapolis, MN.

             ·   Region 6     Donnie Doan, Contract Bond Specialist, McQueary
Henry Bowles Troy, L.L.P., Dallas, TX.

             ·   Region 7     Mark S. Drengler, President, Surety Bonds
and Insurance Agency, Inc., Powell, OH.

             ·   Region 8     Thomas J. Gentile, Vice President, Turner Insurance &
Bonding Co., Montgomery, AL.

             ·   Region 9     John C. Plate, Senior Vice President/Bond Manager,
Patterson//Smith Associates – USI DC Metro, Falls Church, VA

             ·   Region 10   Charles C. Leach, Underwriting Manager, Fuller &
O’Brien, Inc., Albany, NY.

             ·   Region 11   Thomas P. Durkin, President, Durkin & DeVries,
Insurance Agency LLC, Burlington, MA.

             ·   Region 12   Ruben A. Jordan III, Account Executive,
Marsh-Saldana, San Juan, PR.

     IRMI Announces New DesignationAs part of NASBP’s outreach efforts to other organizations and our continued emphasis on education and professional development, we are excited about the The Construction Risk and Insurance Specialist (CRISTM) designation and CE program developed by IRMI (International Risk Management Institute). This new innovative CE program is available on-line and is designed to improve personal and professional development. Recently, the Pipeline visited with IRMI President Jack Gibson, CPCU, CRIS, ARM about the CRIS program.

Pipeline: How did the idea for CRIS begin?

Jack Gibson (JG): The concept was first discussed 20 years ago as an extension of our book, Construction Risk Management. We decided not to pursue it because the cost of delivery and testing on a national basis was prohibitive. But now, with the Internet and our strong relationship with WebCE, those costs have come way down. We decided to go for it in the spring of 2004 and launched CRIS on March 15, 2005.

Pipeline: What was the process for putting the program together?

JG: We had a strong foundation to begin with, consisting of our construction insurance and risk management background, plus the Construction Risk Management manual and various construction risk and insurance books we publish. But really the backbone of this program, and for most of what we do here, lies in our Research Analysts. Each of the CRIS courses was assigned to a Research Analyst with expertise in that area. They were responsible for developing the curriculum and the testing, which took about a year.

Pipeline: What is the main purpose of the CRIS program?

JG: We wanted to prepare a curriculum that provides the core competencies and knowledge for construction risk and insurance. We felt it was important for this to work both ways. In other words, the agent or broker needs a good understanding of the basic, yet unique needs of the construction contractor. And the contractor needs to have a degree of comfort with the agent or broker’s knowledge.

Pipeline: Who did you have in mind when you were developing CRIS?

JG: Primarily the insurance agents and brokers that focus on construction insurance. Also, contractors with the responsibility of purchasing insurance or managing risk programs. But I really believe there are others who can benefit too. Anyone involved in construction risk but not necessarily insurance sales, such as underwriters or finance professionals, can broaden their expertise and career. It’s a great way for surety bond producers to expand their education. And safety professionals at construction companies who see risk management as a career path enhancement.

Pipeline: Why is CRIS important to an individual?

JG: Understanding that contractors’ needs are unique is critical. CRIS will help anyone better understand construction risk and insurance, and that leads to making better business decisions. Any newcomer—underwriter, agent, broker— acting as an industry generalist that is not focused on construction will benefit. Bond producers who wish to broaden their insurance knowledge base should find the program invaluable. Plus, the experienced construction insurance professional will gain some new knowledge and increase their confidence.

Perhaps the best part is that in addition to learning a core competency you can satisfy mandatory state continuing education requirements, and earn a designation to boot. The designation proves one’s dedication and commitment to the industry and really leverages the small investment involved.

Pipeline: What impact will CRIS have on the industry?

JG: Our desire is that CRIS will elevate and testify to the core competencies earned. Best practices will also be documented and developed. I think it could have a very beneficial impact on the industry, by increasing the professionalism of those providing services, purchasing insurance, and administering risk management. We’ve seen both a need and demand there.

It’s also important to note we intentionally priced CRIS low so many people could participate. We’d love to have thousands of designees; tens of thousands would be great.

Pipeline: Is the curriculum tough and how does it compare with CPCU and ARM?

JG: It’s an easier program to complete than what I call the professional designations like CPCU and associate designations such as ARM. Our philosophy is that CRIS is a specialty designation—a testament to core competencies in construction risk and insurance, and dedication to our industry. The entire CRIS program covers about the same volume of course material as a single CPCU or ARM course. CRIS is also strictly multiple-choice with no essay questions. Plus, CRIS can be completed at home online compared to the need to travel to a testing center for the others.

Bottom line frankly, is that CPCU and ARM are more prestigious. Each CPCU and ARM course is the equivalent of a semester college course, with the test covering hundreds of pages of course material. The optimal goal for a risk professional would be to have a CPCU or ARM and a CRIS designation. However, the CRIS program should be very useful to those who simply don’t have the time to complete the CPCU, ARM or other programs.

Pipeline: What does the near future hold for CRIS?

JG: The CRIS program is not a one time thing – there is an ongoing continuing education component. Thus, continuous development of additional CE courses is a priority. This will make it easy for CRIS designees to satisfy their state CE requirements and maintain their designation with fresh, interesting, and low cost online CE courses, or optionally, by attending certain pre-approved seminars and conferences.

Pipeline: Thank you Jack for your time and for creating a tool to help our industry. NASBP supports you and hopes many bond producers will take advantage of CRIS.

For more information, please visit http://www.cris-ce.com/.

 

Results Available from Grant Thornton LLP’s
2005 Surety Credit Survey for Construction Contractors
 Over 300 NASBP members participated in Grant Thornton LLP’s 2005 Surety Credit Survey for Construction Contractors. The Survey takes a look at the surety bond producer’s perspective of the surety marketplace for the construction industry.

The findings from Survey show how the economic environment affects, and will continue to influence, contractors, what factors bond producers consider important when granting credit, and how contractors can improve their ability to obtain credit in the current marketplace.

Click here to order a complimentary copy of the report. 

2005 Regional Meetings to Include Education, Networking, and Recreation
Mark your calendars and make your hotel reservations now for the 2005 Regional Meetings. The preliminary Schedule of Events and additional meeting registration information will soon be available on our website, www.nasbp.org.REGIONS 1, 2 & 3
September 15 – 17
Vail Marriott Mountain Resort & Spa
Vail, CO

Program highlights include “Benchmarking Surety Results – Building Value Through Perpetuation,” a “Contingencies, Commissions and Fees Panel,” and special guest speaker, Jay Severin, New England talk radio personality and panel contributor to MSNBC’s “The Situation with Tucker Carlson” will share his perspective on news, events and the world of politics. Show your competitive side and plan to take part in the Skins Game and/or Golf Tournament. Vail offers many exciting recreational activities; information on optional tours will be forthcoming. Make plans now to join us!

Reserve hotel accommodations by contacting the Vail Marriott Mountain Resort & Spa directly at 970-476-4444 or 800-648-0720 before Wednesday, August 24 to receive the special NASBP room rate of $139 single/double (plus applicable taxes). One night of the anticipated room/tax will be billed to individual credit cards at the cut-off date of August 24. Name changes to room reservations may be made prior to arrival at no charge as long as there is not a change to the arrival or departure. Deposits will be refunded for reservations that are cancelled at least seven (7) days prior to arrival. After August 24, reservations will be accepted on a space/rate available basis. Check-in is after 4:00 pm and check-out is by 11:00 am.

REGIONS 4, 5, 6 & 7
October 13 – 15
Flamingo Las Vegas Hotel
Las Vegas, NV

Program topics include “Benchmarking Surety Results – Building Value Through Perpetuation,” “Subcontractor Default Insurance” with Steven M. Charney of Peckar & Abramson P.C, and special guest speaker, Jay Severin, New England talk radio personality and panel contributor to MSNBC’s “The Situation with Tucker Carlson” will share his perspective on news, events and the world of politics. The Golf Tournament will take place at the Legacy Golf Course, recently selected by Golf Digest as one of the “Top 10 Courses to Play in Nevada.”

Contact the Flamingo Las Vegas Hotel directly at 702-733-2111 or 800-732-2111 before Tuesday, September 21 to receive the special NASBP room rate of $115 single/double (plus applicable taxes). After September 21, reservations will be accepted on a space/rate available basisIf a guest checks out prior to the reserved check-out date, the hotel will add an early check-out fee of $50 to the guest’s account. Guests wishing to avoid an early check-out fee should advise the hotel at or before check-in of any change in planned length of stay. Name changes to room reservations may be made prior to arrival at no charge, if there is no change to the arrival and departure dates, and the change has been approved by the hotel. Check-in is after 3:00 pm and check-out is by 12:00 pm.

REGIONS 8, 9, 10 &11
October 2-4
Baltimore Marriott Waterfront Hotel
Baltimore, MD

Program content includes “Benchmarking Surety Results – Building Value Through Perpetuation,” “Keeping it Real – Surety Departments Impacting the Company Bottom Line,” “What You Don’t Know Could Hurt You – Getting Involved in Local Politics,” and special guest speaker, Jay Severin, New England talk radio personality and panel contributor to MSNBC’s “The Situation with Tucker Carlson” will share his perspective on news, events and the world of politics. The Timbers of Troy Golf Course will host the Golf Tournament. A unique social event is planned for meeting registrants to enjoy exclusive use of the Baltimore Aquarium exhibits for a Dessert Reception. Plan to join in on the fun!

To reserve your room, contact the Baltimore Marriott Hotel directly at 410-385-3000 or 800-228-9290 before Tuesday, September 10 to receive the special NASBP room rate of $169 single/double (plus applicable taxes). All reservations will require a credit card guarantee for one (1) night’s deposit. Deposits will be refunded for rooms cancelled more than 72 hours prior to arrival. Name changes to room reservations may be made up to day of arrival at no charge. After September 10, reservations will be accepted on a space/rate available basis. Check-in is after 4:00 pm and check-out is by 12:00 pm.

 

NASBP’s Membership Directory: It’s For You!
The Membership directory on the NASBP Web site is an exclusive benefit of
membership and a great way to keep in touch with peers from around the country.
The directory will be undergoing a series of improvements in the next few months
to make it a more powerful tool for members.One of the new features of the online directory is the addition of the surety
companies each member represents.

Access to the Membership directory and other information in the members and affiliates only portion of the website is by user id and password. To access the Membership directory, please click here: www.nasbp.org/membersonly_files/memlogin.cfm

If you do not have your user id or password, please contact Patrick McGraw at (202) 464-1179 or pmcgraw@nasbp.org, so you don’t miss out on these valuable member benefits.

Stay tuned for further updates!

 

   Treasury Announces Changes to the T-List

The Department of the Treasury’s Listing of Approved Sureties (Circular 570) has been updated as follows:

Added to the Listing of Approved Sureties:

  • Sagamore Insurance Company (NAIC #40460), effective 05/19/05.

Name Change in Listing of Approved Sureties:

  • Ranger Insurance Company (NAIC #24384) changed to Fairmont Specialty Insurance Company (NAIC #24384)

For more information, go to: http://fms.treas.gov/c570/c570.html and http://fms.treas.gov/c570/supplements.html.

 

SIO’s New Private Owner CD
Promoting the importance and value of contact surety bonds to private owners has just become easier with help from the Surety Information Office’s (SIO) latest release, Surety Bonds: A Guide for Private Owners. Lenders and private owners are an ever-sophisticated audience, and SIO’s new promotional tool will help local surety associations and individual surety professionals communicate the key messages about contract surety bonds to this important group.

Free copies of the educational CD-ROM are now available from SIO. The new CD functions similarly to the recently released contractor and public construction CDs, and was created with Macromedia Flash software.

The CD presents users with an intuitive interface and navigation, and contains the following audio-narrated presentations:

Contract Surety Bonds: Protecting Your Investment
The presentation provides a comprehensive overview of contract surety bonds for private project owners. Topics include: the basics of surety bonds; the prequalification process; surety claims; and the benefits of bonding.

Why Do Contractors Fail? 
The reasons a contractor may default on a project and warning signs of a contractor in trouble are explained. The presentation also looks at the prequalification process that is used to verify a contractor’s ability to perform a contract, and includes data on business failure rates and contractor-failure factors.

Managing the Surety Claims Process
The presentation explains what preventative measures project owners can take to lessen the impact of a default. Also, owners can find out what role they play in a default situation and the responsibilities of the surety.

Case in Point: Surety’s Involvement Saves Projects
The presentation shows how surety bonds protect projects with a real-world example. This brief case study shows how a surety’s involvement protected an owner from financial loss and brought four important projects to completion on time.

In addition, users can access links to the most up-to-date versions of SIO’s numerous brochures and pamphlets for the private construction audience.

Order copies of Surety Bonds: A Guide for Private Owners to distribute to private project owners, bankers, or any other party involved in the administration of private works projects. To order complimentary copies, contact SIO by phone at 202-686-7463, or send an e-mail at sio@sio.org. Please indicate the quantity you would like to receive and your mailing address. 

Welcome to NASBP’s Newest Member

NASBP welcomes the following new Member who has joined the Association since the last issue of Pipeline.

Associated Bonding
2800 Freeway Boulevard
Brooklyn Center, MN  55430
Key Contact: Nick Newton
www.abibonds.com

 

State Surety Legislation in Abundance in ’05 and
What You Need to Know for Your Multi-State Business
In recent years, state legislation involving the surety industry has been as fluid as the industry itself, and this year ‘s legislative session was no exception. In fact, several state legislatures and governors have teamed up to create lots of changes for the surety industry to contend with this coming year.This is Part I of a series of articles that will highlight some of the most important changes. The states mentioned below are ones in which the legislature has adjourned, and the governor’s final actions have taken place.

Listed below is significant surety and surety-related legislation that was enacted, vetoed, or defeated this year in the states of ArkansasArizonaGeorgiaIdahoIndianaKansasKentucky, and Maryland.

Arkansas:· Of special importance to bond producers is new legislation (S 201/Act 236) that adds bid bonds to those that must be executed by an individual who holds a resident or nonresident producer’s license issued by the AR Insurance Commissioner, and files the producer’s power of attorney with each bond.

· Arkansas is one of the few states that actually enacted legislation that deals with broker-producer disclosure. Although the term “disclose” is not defined, S. 233, Act 1697, “requires all producers to disclose prior to the placement of business whether they represent the customer or the insurer, and the sources of their compensation for the placement. Producers who represent the insurer must disclose that they provide services to the customer on behalf of the insurer, and producers who receive compensation from the customer for a placement or who acts as a broker must disclose certain specific actions. The new Act’s effective date is 90 days after the legislative adjournment date of 05/13/2005 (AIA Producer Compensation—Legislative Developments, 5/26/05).

· A bill (S 555) that would have reduced the amount of retainage from 10% to 5% was withdrawn by the author.

Arizona: The Grand Canyon state has revised its state statutes over the past five years regarding alternatives to the design bid-build method of project delivery. Its latest new law that was enacted earlier this year makes changes to many of these provisions in the statutes.

· H 2579, as enacted, requires provisions relating to bid, performance, and payment bonds, and contract retention to apply to the DOT CM-At-Risk contracts. For job-order contracting, performance bonds may be a single bond for the full term of the contract, a separate bond for each year of a multi-year contract, or a separate bond for each job order.

Georgia: Georgia enacted an omnibus insurance bill, which included disclosure requirements, and a bill related to design-build projects conducted by the GA Department of Transportation (DOT).

· H 407/Act 108, as enacted, which becomes effective on July 1, 2005, requires, among other things, that “disclosure requirements pertain to all insurance producers licensed as ‘counselors’ who receive compensation from, or charge a fee to, a customer.” Under the current GA insurance law, “counselors who receive a fee, commission, or other compensation for their services are prohibited from receiving any compensation for any other source on or relating to the same transaction” (AIA Producer Compensation—Legislative Developments, 5/26/05).

· H 530/Act 317 changes the criteria and requirements for using design-build for DOT projects to include negotiation and “lowest qualified bidder” rather than “most responsive bidder,” among others. The new law also limits the DOT to using D-B for “no more than 15% of the total amount of construction projects awarded in the previous fiscal year. Extensive rulemaking by the DOT is to follow.

Idaho: Idaho stepped into the e-bonding arena with the enactment of legislation pertaining to bidding on state department of transportation projects.

· S 1081/Chapter 125, as enacted, amends the Idaho code with a requirement that, “If the contracting agency allows electronically submitted bid documents, then a bid bond in electronic form with valid electronic signatures shall accompany the submittal of the electronic bid documents.” This legislation is the only one of its kind enacted in the states this year.

Indiana: Indiana enacted design-build legislation, which had been introduced and contested in the Legislature since 2000.

· S 244/Chapter 74 creates a new article in the Indiana code permitting the use of design-build for public works and establishing procedures for its use, such as the appointment of a technical review committee to qualify potential design-builders among others. Potential design-builders must submit a statement verifying their capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance as well as both a qualitative proposal and a price proposal. The new law also requires the design-builder that is awarded the project to furnish performance and payment bonds for that portion of the project that does not include design services. The law concludes with an anti-directed surety prohibition that “the public agency may not require an offeror for a design-build project to obtain any of the surety bonds…that are specific in connection with a design-build contract or specified by any law from any particular insurance or surety company, agent or broker.”

Kansas: Kansas enacted legislation entitled, “The Kansas Fairness in Private Construction Contract Act,” and increased the number of days in which a DOT contract must be signed and the required bonds must be provided.

· Among the provisions in S 33, which regulates private construction contracts are the following requirements: (1) The owner must provide payment of all amounts due a contractor, except retainage, 30 days after the owner receives a timely request for payment; (2) A contractor must pay subcontractors any amounts due them within seven business of receipt of payment from the owner, including payment of retainage if it is released by the owner, and if the subcontractor has provided a timely request for payment to the contractor; (3) An owner, contractor, or subcontractor may withhold no more than 10% retainage from the amount of any undisputed payment due. The new act does not apply to single family or multifamily residential housing of four units or less.

· S 94/Chapter 2005-81, as enactedamends Kansas statutes related to county roads and highways by increasing the time from 10 to 21 days in which an awarded county contract must be signed and bonds submitted.

Kentucky: The state’s 577-page budget bill was enacted with provisions relating to the state’s bonding threshold and the reverse auction process.

· S 49/Act 85 increases the bonding threshold for public construction from contracts of $25,000 or more to those $40,000 or more. This change in the law applies to bid bonds as well as performance and payment bonds. Another provision states that “The reverse auction process shall not be used to procure architectural, engineering, or engineering-related services…underwriter, bond counsel, or financial advisors… or contracts for construction that are required to be bonded or those projects that would require the preparation of stamped drawings.”

Maryland: The Maryland General Assembly considered several bills involving surety, including one of the most contentious surety bills considered by state legislatures this session.

· S 324 as introduced would have required subcontractors on public works projects to provide their own performance bonds, payment bonds, or other form of security, or to obtain such performance and payment security through the contractor with the approval of the contractor and its surety. The author then amended her bill by striking the original wording and substituting in its place language to raise the bond threshold from its current amount of $100,000 for all public works to $400,000. NASBP members and surety companies also wrote in opposition to this increase, and a representative from a local jurisdiction testified against the bill. A compromise amount of $200,000 for only state projects was offered later and accepted by both chambers of the General Assembly. Throughout the course of the bill, a coalition comprised of NASBP, SAA, AIA, and subcontractor associations lobbied hard against the bill and its modifications, and were gratified when Gov. Robert Ehrlich vetoed the bill because of the negative affect it would have on subcontractors and suppliers if contractors were exempted from obtaining performance and payment bonds or other form of security.

as introduced would have required subcontractors on public works projects to provide their own performance bonds, payment bonds, or other form of security, or to obtain such performance and payment security through the contractor with the approval of the contractor and its surety. The author then amended her bill by striking the original wording and substituting in its place language to raise the bond threshold from its current amount of $100,000 for all public works to $400,000. NASBP members and surety companies also wrote in opposition to this increase, and a representative from a local jurisdiction testified against the bill. A compromise amount of $200,000 for only state projects was offered later and accepted by both chambers of the General Assembly. Throughout the course of the bill, a coalition comprised of NASBP, SAA, AIA, and subcontractor associations lobbied hard against the bill and its modifications, and were gratified when Gov. Robert Ehrlich vetoed the bill because of the negative affect it would have on subcontractors and suppliers if contractors were exempted from obtaining performance and payment bonds or other form of security.· H 1531, as enacted, increases the amount of reserves to be held in the state’s Bituminous Coal Open-Pit Mining Reclamation Fund from $300,000 to $750,000 to help cover bond forfeitures that may occur.

· Gov. Ehrlich also signed into law H 674, which allows the MD Small Business Development Financing Authority to increase certain guarantees from the Contract Financing fund. Effective July 1, 2005, loan guarantees will increase from $500,000 to $1,000,000, as will the amount to which the Authority may guarantee a surety for its losses on bonds for a public works project; the new amount guaranteed will be the lesser of 90% or $1,340,000, an increase of $440,000.

· Maryland’s Insurance Code was amended via the enactment of H 788, an anti-trust measure that makes certain acts illegal, such as bid-rigging, coercion, intimidation, and boycotting unless regulated by the insurance commissioner or expressly permitted by law. The new law takes effect October 1, 2005.

· H 188, which would have set a maximum level of retainage to no more than 5% of the payment, passed both the House and Senate, but the House was unable to concur on a Senate amendment when the General Assembly adjourned.

Stay tuned for Part II of this article to be contained in the next issue of Pipeline.

 

U.S. Highway/Transit Bill Still in Gridlock
Before a House-Senate Conference Committee is the federal highway and transportation reauthorization bill. The conference committee, comprised of 63 Representatives and 30 Senators, is negotiating a final bill from the version passed by the House of Representatives, HR 3, and the version passed by the Senate, HR 3, as amended.

In a letter to the Conference Committee, U.S Transportation Secretary Norman Mineta warned that President Bush would veto any bill providing investment levels in excess of the $284 billion called for by the Administration. The Administration issued a similar statement prior to Senate passage of a reauthorization measure that would invest $295 billion in highway and transit improvements through FY 2009.

Mineta’s letter also threatened veto action if other key provisions of the bill were passed such as:

§ Establishing a mechanism to allow bond financing of transportation improvement projects;

§ A “re-opener” provision that would allow Congress to revisit the measure’s investment levels during the life of the bill;

§ Opposition to a provision in the Senate bill requiring states to set aside 2% of federal Surface Transportation Program funds for storm water mitigation activities;

§ Support for the 90-day statute of limitations on lawsuits against transportation projects contained in the House bill;

§ Support for provisions in the Senate bill that would delegate environmental review responsibilities to states;

§ Support for strengthening the historic preservation reforms proposed by the House and Senate;

§ Opposition to a House proposal to provide a 12-month grace period for areas that fall out of compliance with federal Clean Air Act standards;

§ Opposition to new transportation planning requirements; and

§ Criticism of the House and Senate bills for imposing restrictions on the ability of states to utilize toll financing for highway and bridge projects.

The clock is ticking to pass a final version of this bill for the President’s signature. The temporary measure the House of Representatives passed May 25 to keep federal highway and transit funds flowing to the states is set to expire June 30, 2005.

As reported in last month’s issue of Pipeline, this issue is very fluid. More information will be forthcoming as it becomes available. Stay tuned.

 

   Briefly Noted  

POSITIONS

OLD REPUBLIC SURETY COMPANY has an opportunity for a Surety Bond Manager for its Milwaukee, WI office servicing Wisconsin and Michigan.

·         Responsibitities: Ensure profitability and growth of the Milwaukee Branch through effective and efficient management of personnel and other resources; market and underwrite acceptable bonds throughout Wisconsin and Michigan. 

·         Requirements: Well-seasoned in the fidelity and surety business; has solid contract bond underwriting experience, strong underwriting skills, and proven sales and production successes; ability to direct a wide variety of functions; and ability to travel with occasional overnight stays. Bachelor’s Degree or equivalent highly preferred.  Includes a company car and bonus programs.

·         Contact: Janell Manson, HR Director at 262/797-2643, e-mail manson@orsurety.com or fax resume to 262/797-8874. Visit  www.orsurety.com for more company information.

 

It’s No Joke:  States Receive “April Surprise” with Soaring Revenues

According to USA Today, tax collections rose to a record $600 billion in the states last year, up 7.2% over 2003, which is the biggest increase since 2000. This year, many states report that the money is rolling in even faster with many states reporting double-digit revenue increases through April. This reversal of fortune ends what the National Governors Association had called the states’ worst economic situation in 60 years.

Arturo Perez, a budget analyst at the National Conference of State Legislatures (NCSL) says, “Nearly every state is at or above what they expected to get in revenues.”  Perez goes on to say that states were stunned by an “April surprise” of unexpectedly large tax collections.  California, Pennsylvania, Arkansas, Idaho, and Vermont are among many states enjoying unanticipated windfalls.

Despite the increase in revenues, many governors and legislatures are reacting cautiously to rising revenues by approving mostly small new spending proposals and tax cuts. One sign that the tough budget times are over is that states borrowed 23% less in the first four months of 2005 than a year earlier according to The Bond Buyer, a newspaper tracking government finances. In recent years, states borrowed record amounts to balance their budgets.

According to the Wall Street Journal (WSJ), there is justification for governors and legislatures to remain cautious. In its article, dated June 14, 2005, the WSJ states that the rise in revenues stems partly from factors that may be short lived, such as an unusual surge in bonuses or the huge Microsoft dividend payout. Also, most states still face budgetary pressures. According to NCSL, as of February 2005, 31 states reported spending overruns for some portion of the budget during the current fiscal year compared with 23 states reporting overruns in November.

For now, however, the windfall has loosened purse strings and boosted spending plans for roads in Florida, teachers in New York, and public transportation in California.

 

Who Says Americans Don’t Vote?

According to Stateline, an electronic news service about state developments, which is funded exclusively by The Pew Charitable Trusts, 64% of all voting age U.S. citizens voted in the 2004 general election—up from 60% who voted in the 2002 election. Among citizens registered to vote, 89% reported going to the polls compared to 86% four years ago. Every jurisdiction in the nation with the exception of Alaska, Indiana, Louisiana, and Washington, DC had increased turnouts.

Who were these voters and where did they live? According to U.S. Census Bureau statistics, the majority of voters tended to be women, older, more educated, and white. Citizens in Minnesota had the highest voting rate (79%) followed by Wisconsin, Oregon, Maine, North Dakota, and New Hampshire.  Hawaii, Tennessee, Georgia, Texas, and West Virginia checked in with the lowest turnouts.

Why should you care?  Although not a general election, another election will take place in 2006. Candidates will be chosen for many state offices and legislative seats as well as for seats in the U.S. House of Representative and Senate. Two states, New Jersey and Virginia, will be holding state elections this year. Regardless, it’s not too soon to encourage your friends and colleagues to register to vote and take advantage of one of the greatest liberties U.S. citizens have—the right to vote.

 

On the International Scene:  Global Meeting Takes Place

The world’s leading credit insurance and surety insurers and their reinsurers met in Barcelona June 8-12 2005, under the banner of the International Credit Insurance & Surety Association (ICISA), to discuss the main issues that affected the industry following the economic, regulatory and political developments of the past 12 months. The meeting took place while the sector experienced a return to profit, amid concern about a fragile global recovery, threatened by high oil prices, pension liabilities, and imbalances in trade.

At the annual meeting, the credit insurance and surety industry focused on regulatory matters, in particular capital allocation, Solvency II and Basle II. Recent recognition of the particulars of our sector by the International Accounting Standards Board in proposals set forth by them also was shared. The emergence of markets such as China and countries in Central Europe have required the sector to prepare for an anticipated strong demand in credit management tools for companies selling goods, performing contracts, or supplying services in these areas. Large insolvencies involving fraud have had a considerable impact on the industry and its customers requiring a further review of these cases.

Hosted by CESCE, Coface Iberica, Crédito y Caución, and Mapfre, 95 participants and invited guests from approximately 25 countries, including representatives from the Berne Union, the International Surety Association, the Pan-American Surety Association, and the Surety Association of America, attended the association’s 63rd annual general meeting.

About ICISA

Credit insurers and surety underwriters have been working together for over 75 years under the banner of the International Credit Insurance & Surety Association (ICISA). Credit insurance covers the manufacturing, trading and service industry against the risk of loss due to non-payment by their customers (for more information visit www.getpaid4trade.com).

ICISA members represent approximately round 95% of the global credit insurance industry and insure risks in practically every country in the world. ICISA was established as ICIA (International Credit Insurance Association) in Paris in 1928.

For more information visit www.icisa.org, e-mail secretariat@icisa.org, or contact Robert Nijhout, Executive Director, ICISA; Herengracht 473; 1017 BS Amsterdam; The Netherlands; Telephone: +31 (0)20 625 4115 and Fax: +31 (0)20 528 5176

 

Pipeline is produced monthly by the National Association of Surety Bond Producers, 5225 Wisconsin Avenue, NW, Suite 600, Washington, DC 20015-2014, 202/686-3700, Fax: 202/686-3656, www.nasbp.org, Internet e-mail address: info@nasbp.org

Disclaimer: This information is provided for educational and informational purposes only and is not intended to serve as legal advice. Readers are cautioned to consult their legal counsel on any specific matters.

Publish Date
May 1, 2005
Issue
Year
2005
Month
May
Get Important Surety Industry News & Info

Keep up with the latest industry news and NASBP programs, events, and activities by subscribing to NASBP Smartbrief.