The following jurisdictions are in regular session: Alaska, Arizona, California, Connecticut, Delaware, District of Columbia, Federal, Illinois, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire (House), New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, and Wisconsin.
Territories: Puerto Rico
In This Issue
  • Bond Threshold Increase
  • Countersignature Requirements
  • Public-Private Partnerships
Federal Report
National Infrastructure Week
National Infrastructure week starts in earnest next Monday, May 13 where over 100 events will take place throughout the country. NASBP will recognize the significance of infrastructure week through its social media platforms (Twitter, LinkedIn, and Facebook) and by placing an article in syndicated news outlets that will appear throughout the country. In a well-publicized meeting last week, the President, the Speaker of the House and the Senate Minority Leader agreed in principle on the need to invest as much as $2 trillion on public works projects. All three will meet again in three weeks to discuss potential revenue sources. Partial financing could come from a 1.5-cent per gallon increase in the federal gasoline tax among other revenue measures. Democrats have also raised the idea of reversing the Trump tax-cuts, which is likely a non-starter at the White House. NASBP and 330 other organizations sent a letter the White House, Speaker Pelosi and Senate Minority Leader Schumer in support for a bipartisan infrastructure funding bill. For more information regarding national infrastructure week, please visit
infrastructureweek.org concerning the activities planned during the week. Please consider sending a letter to your elected official in support of an infrastructure spending bill and let him/her know the important role surety bonding plays in delivering quality infrastructure projects. For more information please visit Let’s Build America.
Fly-in
This year, NASBP will be joined by the Surety & Fidelity Association of America (SFAA) in hosting the June 5-6, Legislative Fly-in. The Fly-in will begin the evening of Wednesday, June 5, at a pre-Fly-in reception at the Hyatt Regency Washington on Capitol Hill where attendees will be provided talking points for their visits with members of Congress. Thursday, June 6, will begin with an infrastructure roundtable at 8 a.m. on Capitol Hill in the Cannon House Office Building, where invited congressional Hill staffers representing various U.S. House committees, such as Transportation & Infrastructure, Ways & Means, and Small Business, will offer their committees’ perspective concerning what reforms might be expected in a House infrastructure spending package. To wrap-up, attendees are invited to a reception at 4:30 p.m. at Bistro Bis at the Hotel George. Please register for the fly-in
here. Due to popular demand, NASBP has once again secured an outside vendor to schedule Hill appointments on behalf of Fly-in participants. Fly-in participants, please complete the service’s online form. If you have questions, please contact Larry LeClair at lleclair@nasbp.org
State Report
Bond Threshold Increase
Ohio
NEW: HB 166 (House Budget Bill)
includes a provision which raises the bond threshold for Ohio Turnpike Commission (OTC) projects from $150,000 to $500,000. The House budget bill is expected to pass soon. HB 166 also includes language that allows the OTC to use a value-based selection process to choose a contractor to perform a design-build project, and to waive the competitive bidding process when the OTC determines it is not practical or advantageous. Grassroots in the Senate will be needed from the surety industry to blunt this language.
North Dakota
UPDATE: H.1356 (Schrieber-Beck) SIGNED BY THE GOVERNOR Increases ND’s Little Miller Act (§ 48-01.2-02.1) from $150,000 to $200,000. H. 1356 was signed by the governor on April 24.
Montana
UPDATE: S. 108 (Sesso) Would have increased MT’s LMA from $50,000 to $150,00. S. 108 passed the Senate but failed in the House. 
Rhode Island
UPDATE: H.5637 (Edwards) Amends the RI Little Miller Act (§37-12-1) by increasing the bond threshold from $50,000 to $150,000. H. 5637 was referred to the House Committee on Finance on 2/27/2019. On April 25, the bill was held in Committee for further study.
Texas 
UPDATE: H. 2886 (Bucy) Amends the Texas Little Miller Act (§2253.021) by increasing the threshold amount for payment bonds from $25,000 to $100,000. On April 24, H. 2886 passed the Committee on State Affairs.
UPDATE: S. 1456 (Flores) Amends the Texas Little Miller Act (§2253.021) by increasing the threshold amount for performance bonds from $100,000 to $150,000. S. 1456 was left pending in the Senate Committee on Business and Commerce.
South Carolina  
UPDATE: S. 530 (Leatherman) Amends the South Carolina Little Miller Act (§11-35-3030) by increasing the bid security threshold amount from $50,000 to $100,000 for design-bid-build procurement construction contracts. S. 530 passed the Senate and was referred to the House Committee on Ways and Means. 
__________________________________________________________________________________

Countersignature Requirements

Nevada
UPDATE: S. 86 (Senate Commerce and Labor Committee) Amends NRS 680A.300 to eliminate the remaining countersignature requirements for insurance agents for insurance policies and bonds. On April 17, S. 86 passed the Senate and was referred to the Assembly Committee on Commerce and Labor.
Public-Private Partnerships (P3s)
Colorado
UPDATE: SB19 138 (Winter) SIGNED BY THE GOVERNOR! After a four-year effort legislation was signed into law on April 16 that amends CO state and local LMAs to require bonds on P3s for construction contracts that are situated or located on public real property using private money, public or private financing, or public real property. NASBP would like to thank those groups who were involved, which made this four-year effort successful including the members of the Rock Mountain Surety Association (RMSA), and the CO Contractors Coalition. Special thanks to Will Pfanmiller and Andrew Musarra who among others spearhead the effort on behalf of RMSA and Scott Deering for his leadership efforts on behalf of the CO Contractors Coalition.
Indiana
UPDATE: IN H. 1374 (Lehman) SIGNED BY THE GOVERNOR! H. 1374 requires payment bonds at 100% of the cost of the project and performance bonds for 50% percent of the project. Again, special thanks to Eric M. Wahlstrom, Director of Surety with the NASBP Member firm AssuredPartners dba Tobias Insurance Group in Indiana, who played an instrumental role in persuading Leader Lehman to amend his bill to require 100% payment protection for subcontractors and suppliers.
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Key NASBP Links
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The National Association of Surety Bond Producers
Focal Point is an e-bulletin sent to members and friends of the 
National Association of Surety Bond Producers
 when most state legislatures are in session and as needed thereafter. To obtain copies of Bills or other materials discussed above, contact 
advocacy@nasbp.org
. Copyright © 2018. NASBP. All rights reserved.
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Publish Date
May 9, 2019
Post Type
Focal Point
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