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Government Relations - What's New (Public)

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General Government Relations Information for the Public:


NOTE: Additional Government Relations information for the general public is available on the Industry Issues page


 

 

This Week in Surety & Fidelity LegislationOpen in a New Window

The Weekly Legislation Report posted has been posted.  SFAA has replaced the monthly overview reports with the weekly legislative update on Surety & Fidelity legislation.  Reports are available for Members on the Weekly Legislative Reports page.

Members may sign up to receive email notifications by subscribing to the "Legislative-Regulatory Alert" group.


 

Bill to Address Attorneys’ Fees Awards in Bond Claims Introduced in WashingtonOpen in a New Window

  Bill to Address Attorneys’ Fees Awards in Bond Claims Introduced in Washington 

SB 6428 has been introduced in Washington, which would place reasonable limits on the award of attorney fees’ against sureties. The bill provides that the rights granted under current procurement law would be the exclusive remedy for recovering attorneys' fee for all disputes, including but not limited to coverage disputes involving a performance or payment bond required under the Little Miller Act.

Members should visit Government Relations / General Info (Members) for more information.


 

Federal Construction Coalition Change Order Bill Reintroduced in CongressOpen in a New Window

Federal Construction Coalition Change Order Bill Reintroduced in Congress 

H.R. 4754 would require that every solicitation for a contract to be awarded to a small business, the agency must provide prospective bidders with the agency’s policies or practices for compliance with the FAR regulations on REAs. The agency must also provide information on its past practices for the past three years. If the agency does not have information on its past practices regarding on REAs, the agency must start collecting that information for a three year period. The agency must collect data on whether they responded to a REA within 30, 60, 90, 180 or 36 days from receipt of the REA or whether the agency responds to REAs after the completion of the contract.

Members should visit Government Relations / General Info (Members) for more information.


 

SFAA Addresses Proposed Rules in Mississippi on Energy Efficiency ProgramsOpen in a New Window

 

SFAA Addresses Proposed Rules in Mississippi on Energy Efficiency Programs

SFAA submitted comments to the Mississippi Development Authority to address its proposed
regulations for energy service providers (ESP) that provide energy efficient programs. The
Authority would pre-qualify the ESPs, but could grant conditional status to ESPs that did not
qualify. Such ESPs would have to obtain performance and payment bonds. SFAA
recommended a broad application of bonding to all ESPs so that all public entities, taxpayers and
subcontractor and suppliers obtain the benefits of prequalification and payment security.

The regulations would require bonding in compliance with the Little Miller Act, which requires a
100% bond, for the duration of the contract. To make bonding more widely available, SFAA
recommended a bond with a one year term that would be equal to 100% of the annual guaranteed
savings under the contract for the first year. The bond could be renewed for a term not to exceed
three consecutive years under our proposal. This would allow the surety to better evaluate the
ESP’s ability to perform the contract, and three years would be sufficient for a “proof of
concept” for the energy savings measures.

Members should visit Government Relations / General Info (Members) for more information.


 

End of Legislative Session Reports postedOpen in a New Window



End of 2017 Legislative Session report has been added for Michigan, New Jersey, New York, Ohio, Pennsylvania and Wisconsin for Members only.

Previous reports posted for 2017:  Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming.

Navigate to Government Relations / End of Legislative Session Reports

 

FAR Council Delays Plans to Implement New Law on Individual Surety AssetsOpen in a New Window

FAR Council Delays Plans to Implement New Law on Individual Surety Assets 
Members should visit Government Relations / General Info (Members) for more information.

 

Updates on P3 Bills in MichiganOpen in a New Window

Updates on P3 Bills in Michigan 

Michigan is winding down it 2017 legislative session and SB 97, the P3 legislation, may not pass this year. SFAA and AIA are seeking a bonding requirement in the legislation, which would authorize P3s for transportation projects, health care facilities and laboratories. This is a key initiative of the Governor, who has opposed our bonding amendments. There is division among the Republicans in the House on the concept of P3s however, as some believe the bill authorizes government agencies to award contracts, which the taxpayers fund, to private entities for profit and with little accountability.

Michigan SB 711 also recently was introduced. The bill amends the existing law on port authorities to allow the use of P3s for their projects, which include construction, reconstruction, rehabilitation, remodeling, enlargement, and repair of port facilities, among other projects. There are no specific bonding requirements in the existing port authority law. The Michigan Little Miller Act, however, applies to “public authorities,” among many other governmental entities.

Members should visit Government Relations / General Info (Members) for more information.


 

SFAA Persuades Pennsylvania Agency to Delete Confess Judgment Provision from Real Estate ...Open in a New Window

SFAA Persuades Pennsylvania Agency to Delete Confess Judgment Provision from Real Estate Appraisal Management Company Bond 
Members should visit Government Relations / General Info (Members) for more information.

 

SFAA Addresses Concerns in Proposed Federal Hard Rock Mining RulesOpen in a New Window

SFAA Addresses Concerns in Proposed Federal Hard Rock Mining Rules 

The U.S. Environmental Protection Agency has withdrawn the rules that it had proposed to establish financial responsibility requirements for hard rock mining operations for metals and non-metallic fuel minerals to implement §108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Surety bonds would have been accepted to meet the requirement. The financial responsibility would have had to cover response costs, health assessment costs, and natural resource damages. The proposed rules set forth a formula for determining the amount of financial responsibility required.

Members should visit Government Relations / General Info (Members) for more information.


 

Michigan P3 Bill Moving in the HouseOpen in a New Window

Michigan P3 Bill Moving in the House 

SFAA and AIA continue to seek bonding amendments for Michigan SB 97, which would authorize the State and local units of government to enter into public-private partnerships (P3s) for transportation projects and health care facilities or laboratory facilities. The bill provides that the P3 agreement may contain provisions to require the private partner or one of its contractors to provide proposal, performance, or payment security. The bill provides that the security, if required, would have to be in the amount that the public authority determines, and can be in the form of bonds, guarantees, letters of credit, committed equity, or any other type of financial instrument, or any combination of these to meet security requirement. The bill recently passed out of committee in the House and sits in third reading on the House floor.

Members should visit Government Relations / General Info (Members) for more information.


 

New Bonding Opportunities posted for MembersOpen in a New Window


New bonding opportunities enacted in the state legislature that may be of interest to SFAA members has been posted. The report is divided by line of business: contract surety, commercial surety, and fidelity bonds. For your reference, we have included the date of enactment for each bill. SFAA updates this list periodically as new bonding opportunities are enacted. 
Access the New Bonding Opportunities now

 

Federal/State Regulatory Reports for October 2017 posted for MembersOpen in a New Window

 

Regulatory reports for October 2017 have been posted on rules affecting Commercial Surety and Contract Surety that were recently proposed or adopted.

 For Members only (or from the menu, select "Government Relations" / "Federal/State Regulations")


 

 

Provisions to End Federal Miller Act Indexing Removed from Defense Policy BillOpen in a New Window

Provisions to End Federal Miller Act Indexing Removed from Defense Policy Bill 
Members should visit Government Relations / General Info (Members) for more information.

 

Michigan P3 Bill Heard in House CommitteeOpen in a New Window

Michigan P3 Bill Heard in House Committee 
Members should visit Government Relations / General Info (Members) for more information.

 

2017 State Public-Private Partnership LegislationOpen in a New Window

2017 State Public-Private Partnership Legislation 
Members should visit Government Relations / General Info (Members) for more information.

 

SFAA & NASBP Seek Bonding for Aviation P3 Projects in Federal LegislationOpen in a New Window

SFAA & NASBP Seek Bonding for Aviation P3 Projects in Federal Legislation 
Members should visit Government Relations / General Info (Members) for more information.

 

Status of the State BudgetsOpen in a New Window

Status of the State Budgets 
Members should visit Government Relations / General Info (Members) for more information.

 

2017 Bond Threshold LegislationOpen in a New Window

2017 Bond Threshold Legislation 
Members should visit Government Relations / General Info (Members) for more information.

 

States Consider Model Law on Notaries with Bonding RequirementsOpen in a New Window

  States Consider Model Law on Notaries with Bonding Requirements 
Members should visit Government Relations / General Info (Members) for more information.

 

Arkansas Adopts New Rules to Implement P3 Law with Bonding ProvisionsOpen in a New Window

Arkansas Adopts New Rules to Implement P3 Law with Bonding Provisions 
Members should visit Government Relations / General Info (Members)  for more information.

 

SFAA Defends Bail Bonds in the StatesOpen in a New Window

  SFAA Defends Bail Bonds in the States 
Members should visit Government Relations / General Info (Members) for more information.

 

Alaska Adopts Money Transmitter Regulations without Onerous Provisions on Bond ClaimsOpen in a New Window

  Alaska Adopts Money Transmitter Regulations without Onerous Provisions on Bond Claims 
Members should visit Government Relations / General Info (Members) for more information.

 

October Edition of the 2017 Annual State Legislative Reports postedOpen in a New Window

The October Edition of the 2017 Annual State Legislative Reports for Commercial Surety, Contract Surety, and Fidelity have been posted for Members (or navigate to Government Relations / Annual State Legislative Reports).


 

Surety Issues in CongressOpen in a New Window

  Surety Issues in Congress 
Members should visit Government Relations / General Info (Members) for more information.

 

Massachusetts P3 Bill to be Heard in CommitteeOpen in a New Window

  Massachusetts P3 Bill to be Heard in Committee 
Members should visit Government Relations / General Info (Members) for more information.

Government Relations - General Info (Public)

Item Name Posted By Date Posted
WV Legislation with New License Bond to Governor PDF (59.39 KB)  more ] Administration 5/2/2013
WV Legislation with New License Bond Enacted PDF (59.52 KB) Administration 5/3/2013
Wisconsin - New Draft of Surety Indexing Bill ... PDF (142.4 KB)  more ] Administration 1/27/2016
Will Roofing Contractors Be Bondable in Oklahoma? PDF (52.54 KB) Administration 5/2/2013
WI Procurement Reforms on Governor's Desk PDF (53.3 KB)  more ] Administration 6/27/2013
WI Governor Vetoes Commercial Bail Budget Bill PDF (26.45 KB)  more ] Administration 7/1/2013
WI Commercial Bail Provisions Bill PDF (57.9 KB)  more ] Administration 6/26/2013
WI Bill Amended to Include Comm. Bail Provisions PDF (57.44 KB)  more ] Administration 6/5/2013
White House Plan for Emergency Relief for Sandy PDF (51.45 KB)  more ] Administration 5/31/2013
Waiver of Bonds Under Consideration in Cleveland PDF (61.85 KB) Administration 8/13/2013
WA Legislature Increases Escrow Agent Fidelity Bon PDF (61.98 KB) Administration 5/2/2013
US House Small Business Subcommittee Hearing... PDF (1.17 MB)  more ] Administration 2/12/2015
US House Makes First Move on Extending Highway ... PDF (163.37 KB)  more ] Administration 7/15/2015
US Dept. of Labor accepts SFAA proposed ERISA form PDF (198.39 KB)  more ] Administration 3/3/2017
Updates on SFAA Priority Issues PDF (53.02 KB) Administration 4/24/2014
U.S. House Small Business Committee Mark Up ... PDF (69.52 KB)  more ] Administration 3/13/2014
U.S. House Small Business Comm. Will Mark Up ... PDF (69.3 KB)  more ] Administration 2/27/2014
U.S. House Roundtable Discussion ... PDF (106.67 KB)  more ] Administration 2/27/2014
U.S. House Passes Water Infrastructure Act ... PDF (53.74 KB)  more ] Administration 10/31/2013
TX Limitations on Alternatives to Surety Bonds... PDF (51.49 KB)  more ] Administration 5/3/2013
Treasury Dept. Issues Final Rules on Sureties ... PDF (65.06 KB)  more ] Administration 10/22/2014
TN Legislature Increases Public Official Bond Amt. PDF (65.24 KB) Administration 5/2/2013
Threshold for Payment Security under Miller Act PDF (64.75 KB)  more ] Administration 12/12/2014
Surety Provisions Included in House Version of NDA PDF (65.47 KB)  more ] Administration 5/23/2014
Surety Issues in Congress Wait Until Next Year PDF (54.55 KB) Administration 12/11/2014
Surety Bad Faith Bill is Defeated in Rhode Island PDF (51.51 KB) Administration 6/20/2014
Sureties Make Progress on Difficult Issues in CA PDF (70.75 KB) Administration 5/16/2013
Sureties in Iowa Fight Bond Waiver PDF (95.62 KB) Administration 3/18/2015
Sureties Fight Recovery Fund in the Alabama Senate PDF (51.83 KB) Administration 3/13/2014
Sureties Defeat Recovery Funds in Two States PDF (52.82 KB) Administration 4/7/2014
Summary of Mid-Term Election Results PDF (50.47 KB) Administration 11/5/2014
Statement in Opposition to MD Senate Bill 377 PDF (128.7 KB) Administration 2/7/2014
Short Term Extension Likely for Highway Trust Fund PDF (110.28 KB) Administration 5/21/2015
SFAA Testifies in Opposition to Extending ... PDF (68.69 KB)  more ] Administration 2/7/2014
SFAA Supports CT Legislation to Apply Statute ... PDF (176.12 KB)  more ] Administration 3/13/2014
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