NEWS
CNA Government Relations, with the help of surety industry and producer associations, takes an active role in surety and fidelity bond legislative issues at the federal, state and local level.
Use the drop-down menu below to review recent legislative developments specific to your state.
The mission of our Government Relations Department is to promote and defend our products and business practices at all levels of government.
CNA Government Relations works with lawmakers on legislation that improves the effectiveness of surety bonding and guards against adverse legislative developments. For example, every year 125,000 bills are introduced in state legislatures across the country. CNA's Government Relations Department has the responsibility of identifying those that affect the surety and fidelity industry. Our team of professionals reviews and analyzes legislation and directs lobbying efforts to ensure a positive outcome.
The Government Relations Department also works with local governments on Licence and Permit Bond issues. Many professions are required to post a bond at the local level. Government Relations works to ensure that local communities receive information and support to obtain the kind of public protection afforded by bonds.
Need more specific information? Please contact our Government Relations Department at 800-CNA-2000 (800-262-2000).
NEW LAW: HB 131 – Public Officials. Would increase the amounts of the bonds required for: the chief examiner of the Department of Examiners of Public Accounts from $25,000 to $100,000, and the assistant and deputy examiners from $3,000 to $50,000.
Status: 2/22/18: signed by the Governor; Act No. 2018-129; effective immediately
NEW LAW: HB 151 – Sales Tax - Retailers. Would require retailers applying for an initial sales tax license and retailers renewing an expired or cancelled sales tax license after 1/1/2020 to post a $25,000 surety bond to secure the collection and remittance of the sales tax and compliance with the applicable laws and regulations. The bond would cover a two-year term. After two years, the bond would only be required for retailers that fail to collect and remit the sales tax. If a retailer is part of a related company or a member of a controlled group that has been compliant with the licensing laws would be exempt from the bond requirement.
Status: 4/5/18: Enacted; Act No. 2018-508; effective immediately
NEW LAW: HB 204 – Dangerous Dogs. Would establish a procedure for declaring a dog to be dangerous or a nuisance in the unincorporated areas of Chilton County. The owner of such a dog would have to register it and provide insurance or a surety bond of at least $100,000 to cover the dog's medical or veterinary costs resulting from any future dangerous actions of the dog.
Status: 3/2018: Enacted; Act No. 2018-236; effective
NEW LAW: SB 48 – Reclamation/Remediation. Would revise the financial assurance requirements for a centralized waste treatment facility to specify that if the performance bond or other security is forfeited, it would have to be used for closing the facility in compliance with the applicable regulations and to pay the costs of any required remediation.
Status: 3/8/18: signed by the Governor; Act No. 2018-178; effective immediately following its passage and approval by the Governor, or its otherwise becoming law
NEW LAW: SB 232 – Dangerous Dogs. Would require owners of dangerous dogs to register them and post a $100,000 surety bond to cover the medical and/or veterinary costs resulting from any future dangerous actions of the dog.
Status: 3/1/18: (S) Enacted - Act No. 2018-182; effective 6/1/18
NEW LAW: SB 293 – Trailer Manufacturers and Dealers. Would revise the bond requirement for manufacturers and dealers of mobile homes, trailer coaches, travel trailers, or horse trailers located in the state who issue temporary licenses and tags by requiring a $25,000 bond. Current law requires a manufacturer to post a minimum $5,000 bond or demonstrate a net worth of $25,000. The bill also would subject manufacturers and dealers of semitrailers or trailers, utility trailers, boats, and boat trailers to the bond requirement. If a manufacturer or dealer is already bonded under another law, no additional bond would be required.
Status: 3/20/18: Enacted; assigned Act No. 2018-366; effective 3/26/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: SB 155 – Appraisal Management Companies. Would establish registration procedures and standards for real estate appraisal management companies (AMCs). An AMC would be required to post a surety bond in an amount required by the Board of Certified Real Estate Appraisers, not to exceed $50,000. A registration is valid for 2 years. The Department of Commerce, Community and Economic Development and the Board may not enforce the registration requirement until March 1, 2019.
Status: 7/24/18: signed into Law; Chapter 67 SLA 18; effective 1/1/19
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 2168 – Mobile Homes/RVs - Removal from Park. Would increase the amount of a bond or deposit that a mobile home park landlord may require in connection with the removal of a mobile home from $1,000 to $2,500. The bond or deposit is required if the party responsible for removing the mobile home is not licensed by the Arizona Department of Housing or the Registrar of Contractors.
Status: 3/27/18: signed by the Governor; Chapter 79; effective 8/3/18
NEW LAW: HB 2532 – Occupational Licensing Reform. Prohibits counties, cities and towns from imposing any new occupational licensing requirements on a trade or profession without following a new procedure for adopting them, and the licensing requirement is necessary to protect the health, safety or welfare of the public. All existing county, city or town occupational licensing requirements will expire five years after the new law takes effect. A city or town now must follow a public hearing process to renew any existing license requirement.
Status: 5/16/18: signed by the Governor; Chapter 314; effective 6/3/18
NEW LAW: SB 1140 – Video Service Providers. Requires applicants for a license to provide video service to comply with all generally applicable, non-discriminatory local laws, which includes requirements for performance bonds, security fund, indemnification, or similar requirements that apply to the use and occupation of any highway.
Status: 5/16/18: signed by the Governor; Chapter 331; effective 8/3/18
NEW LAW: SB 1381 – Service Contract Providers. Would revise the security requirements for service contract providers, allowing a mechanical reimbursement insurance policy could be posted in lieu of the surety bond or securities required by current law. The bill would also eliminate the option to post cash to secure the contracts.
Status: 4/5/18: signed by the Governor; Chapter 150; effective 8/3/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: AB 38 – Student Loan Servicers. Would authorize the commissioner to require applicants for a student loan servicer license or a licensee to make some or all of the required filings with, and to pay assessments to, the commissioner through the NMLSR, which would include a surety bond, rider, or an endorsement.
Status: 9/14/18: approved by the Governor; Chapter 379; effective 1/1/19
AB 2480 – Scholarship Programs. Would provide for a scholarship program for low-income students. Private schools participating in the program that receive $50,000 or more during the school year through this program would have to demonstrate their financial accountability by posting a bond in an amount equal to the aggregate amount of scholarship contributions expected to be received during the school year. In lieu of the bond, the school could provide financial information to demonstrate its financial viability.
Status: 4/30/18: (A) in Revenue and Taxation: set first hearing; canceled at the request of the author
AB 2810 – Cannabis Cultivators. Would create the Sun-Grown Cannabis Commission, and authorize the Commission to levy assessments on cultivators of sun-grown cannabis in an amount based on the weight or value of sun-grown marketed. Any cultivator who fails to submit records or pay an assessment or related charge could be required to furnish a surety bond in an amount and for the period of time determined by the Commission to guarantee that all payments will be made when due. The bill also would require agents of the Commission who handle assessment funds to be covered by a $25,000 fidelity bond.
Status: 4/24/18: (A) in Business and Professions: first hearing; testimony taken
AB 3126 – Contractors. Would revise the license bond requirement for contractors by revising the authorization to post a cash deposit in lieu of a bond to prohibit, among other things, certificates of deposit, and instead would require the contractor to deposit the appropriate amount of lawful money or a cashier's check with the Registrar on or after January 1, 2019. The bill would require all existing alternatives in lieu of a bond or the specified deposit currently filed with the Board to be replaced for a surety bond or the specified deposit by January 1, 2020. (This would not affect the bond alternatives home improvement contractors can furnish in lieu of performance and payment bonds.)
Status: 9/10/18: enrolled and presented to the Governor
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 1138 – Public Officials. Would eliminate the authority of a district attorney to require deputy district attorneys, chief deputy district attorneys, special deputy district attorneys, and assistant district attorneys to post a bond.
Status: 4/2/18: Governor signed; Chapter 88
NEW LAW: HB 1140 – Public Officials. Would allow any public official or employee who is required to post a surety bond under existing law to obtain crime insurance instead, except for the State Treasurer. The bill also would eliminate the option for state and county public officials to use personal sureties to secure their bonds.
Status: 3/15/18: Governor signed; effective 8/8/18
NEW LAW: SB 165 – Public Administrators. Increases the amount of the bond required for public administrators from $25,000 to $100,000. The new law also subjects deputy public administrators to the bond requirement. Bonds must be filed on an annual basis.
Status: 4/2/18: Governor signed; effective 8/8/18
NEW LAW: SB 177 – Private Postsecondary Schools. Would revise the bond requirement for private occupational and degree-granting schools to permit the Department of Higher Education to make a claim on the bond for reimbursement of administrative costs associated with the school's closure. If any proceeds from the bond remain after students have been transferred or reimbursed for tuition and fees, the remaining amount would be retained by the Department as reimbursement of its administrative costs associated with the school closure.
Status: 5/3/18: Governor signed; effective 8/8/18
NEW LAW: SB 180 – Uniform Trust Code. Would adopt the Uniform Trust Code. A bond would only be required if the court requires it or if the terms of the trust require one and the court has not dispensed with the requirement. Only the court could set the bond amount, its liabilities, and whether sureties are required, and would have the authority to modify or terminate the bond at any time. The court's authority concerning the bond would prevail over the terms of the trust.
Status: 4/26/18: Governor signed; S.L. Chapter 169; effective 1/1/19
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 5490 – Financial Services Professionals. Would revise the license bond requirements for various financial services professionals and provide for the transition to the NMLS. In regard to mortgage lenders, correspondent lenders, mortgage brokers, debt adjusters and debt negotiators, the Banking Commissioner would be permitted to make claims on the bond for any restitution imposed for a violation of the law and any unpaid assessment for funding the State Banking Fund. In regard to mortgage servicers, the Commissioner could make claims on the bond for any unpaid assessment. Existing law already allows for coverage of claims for restitution. Also, the Commissioner would be allowed to make claims on the bonds of consumer collection agencies for restitution. Under existing law, the Commissioner can file claims on these license bonds for civil penalties and any unpaid examination costs for entities subject to an exam. The bill also would specify that the bond of a mortgage lender, correspondent lender or broker, money transmitter, debt adjuster or negotiator, mortgage servicer and consumer collection agency could be cancelled with 30 days' notice submitted electronically through NMLS, if the bond was filed through that system.
Status: 6/14/18: signed by the Governor; P.A. 18-173; effective 10/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 393 – Viatical Settlement Providers and Brokers. Would revise the bond or other security requirement for viatical settlement providers and brokers. The bill would eliminate the security requirement for brokers; providers would be required to provide audited financial statements that demonstrate a minimum equity of $250,000 in cash or cash equivalents, or the provider could submit audited financial statements that demonstrate a positive equity and furnish a surety bond or other security for $250,000.
Status: 7/23/18: signed by the Governor; Chapter 81:344; effective 7/23/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
LB 324 (B22-0324) – Notaries Public. Would revise the current law for notaries public. Notaries would be required to post a surety bond, or its "functional equivalent," to secure the notary's compliance with the law. The bond amount would be $2,000 or the amount prescribed by the mayor through regulations.
Status: 9/18/18: final reading CC. According to SFAA's latest report, this bill has been sent to the Mayor.
Note: This bill incorporates the provisions from LB 467.
LB 467 (B22-0467) – Notaries Public. Would revise the current law for notaries public. Notaries would be required to post a surety bond, or its "functional equivalent," to secure the notary's compliance with the law. The bond amount would be $2,000 or the amount prescribed by the mayor through regulations. Current law does not require a notary to be bonded.
Status: 12/20/17: in Government Operations; public hearing held. Under Council Review.
LB 584 – Service Contract Providers - Vehicles and Residential Property. Would establish requirements for service contracts for motor vehicles and residential property, including a requirement for providers to post a form of security for the service contracts. The provider could maintain a funded reserve account of not less than 40% of the gross consideration received, less claims paid, on the sale of the service contract for all inforce contracts, and post a financial security deposit of not less than 5% of the gross consideration received, less claims paid, on the sale of the service contract for all service contracts issued and in force; $25,000 minimum. Surety bonds or other forms of security would be acceptable. In lieu of these options, a provider could obtain a reimbursement insurance policy or maintain a net worth or stockholders' equity of $100 million.
Status: 1/31/18: in Business and Economic Development; public hearing held
LB 610 – Service Contract Providers - Goods and Services. Would establish requirements for sellers of service contracts for goods and services. Sellers would be required to obtain a reimbursement insurance policy or maintain a funded reserve account and a security deposit. Surety bonds would be an acceptable alternative. The minimum deposit amount would be $300,000.
Status: 1/31/18: in Business and Economic Development; public hearing held
LB 689 – Assisted Living - Patient Funds. Would require an assisted living facility to obtain a surety bond to secure all personal funds of residents that are deposited with the facility.
Status: 6/22/18: public hearing held in Health Committee
LB 810 – Appraisal Management Companies. Would require real estate appraisal management companies to be registered. The Department of Consumer and Regulatory Affairs would be authorized to require the company to post a surety bond for not more than $25,000.
Status: 5/11/18: Notice of Intent to Act published in the DC Register
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: SB 740 – LP Gas Businesses. Would require the license bond posted by LP gas businesses to be payable to the Commissioner of Agriculture instead of the Governor.
Status: 3/23/18: approved by the Governor; Chapter 2018-84; effective 7/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 772 – Public Officials. Would require the officers and employees of the City of Camilla to be bonded.
Status: 5/3/18: signed by the Governor; Act 338; effective 7/1/18
NEW LAW: HB 898 – Registration and Licensing of Fleet Vehicles. Would repeal the $25,000 surety bond required for a business or its parent company that is registering a fleet of motor vehicles and has not had an established place of business in the state for at least 10 consecutive years.
Status: 5/7/18: signed by the Governor; Act 434; effective 7/1/18
NEW LAW: SB 436 – Public Officials. Would increase the amount of the bond required for probate court judges from $25,000 to $100,000.
Status: 5/3/18: signed by the Governor; Act 405; effective 7/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: SB 1324 – Barber/Cosmetology Schools. Would consolidate the laws for barber schools and cosmetology schools and require both types of schools to post a $20,000 bond.
Status: 3/22/18: signed by the Governor; Chapter 28; effective 7/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 4805 – Money Transmitters. Would revise the amount of the required bond for money transmitters, requiring the bond amount to be equal to $50,000 or 1% of all Illinois-based activity, whichever is greater. Current law requires the bond amount to be equal to $100,000 or an amount equal to the daily average of outstanding payment instruments for the preceding 12 months or operational history, whichever is greater, but not more than $2 million.
Status: 7/27/18: approved by the Governor; P.A. 100-0640; effective 7/27/18
NEW LAW: SB 3443 – Notaries Public. Would require the surety on a notary bond to notify the Secretary of State when there is a claim on or payment made from the bond as a result of the notary's breach of his or her duties. The notice would have to specify whether payment was made and the circumstances which led to the claim.
Status: 8/10/17: approved by the Governor; Public Act 100-0809; effective 1/1/19
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HF 2321 – Pension Plans. Would allow the Department of Workforce Development to require nonprofit organizations that elect to assume liability for reimbursing the Department for unemployment benefits in lieu of contributions to a pension plan to post a bond. The amount of the bond would be determined through regulations. The Department could adjust the bond amount as it deems necessary for an organization. The bond secures the organization's payments to the Department, and would have to remain in place for at least two years.
Status: 4/4/18: signed by the Governor; effective 7/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 277 – Motor Carriers. Would repeal the bond required for a motor carrier or heavy equipment motor carrier that the Transportation Cabinet has determined to be at risk for nonpayment of its highway use taxes. The bond amount would be based on the amount of the carrier's tax liability; $1,000 minimum, $50,000 maximum.
Status: 4/10/18: signed by the Governor; Chapter 135; effective 7/13/18
NEW LAW: HB 327 – Waste Haulers. Would revise the bond requirement for waste haulers, providing that the bond amount would be determined by regulations. Under current law, the required bond amount is $2,000.
Status: 4/10/18: signed by the Governor; Chapter 136; effective 7/1/19
NEW LAW: HB 513 – Wastewater Treatment Plant Operators. Would require owners of new small wastewater treatment plants receiving a discharge permit to post a surety bond or other security to guarantee that the owner will operate the plant in a reasonable and reliable manner for at least three years. The bond or other security would have to be in an amount sufficient to secure the owner's compliance with state and federal laws. The bond/security requirement could be waived if the owner has sufficient assets to ensure the plant's continued operation.
Status: 4/26/18: signed by the Governor; Chapter 196
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 372 – Occupational Licensing Review Commission. Creates the Occupational Licensing Review Commission to oversee occupational licensing boards that are controlled by active market participants for the occupation and to review licensing regulations. Any occupational licensing board would have to submit its regulations to the Commission for review and approval prior to issuing a proposal. The legislative findings provide that it would be a policy of the State to use the least restrictive regulation necessary to protect consumers. The bill defines what the least restrictive regulation would be, and bonding and insurance would be considered among the more restrictive forms of regulation.
Status: 5/30/18: signed by the Governor; Act No.623; effective 5/30/18
NEW LAW: HB 514 – Used Motor Vehicle Commission Powers - Bond Claims. Provides for the commission's sole and exclusive authority to administer claims made against bonds, including instituting or intervening in legal actions to obtain payments, or to prevent payment of an unauthorized claim. Provides for the commission's entitlement to an award of reasonable attorney fees and court costs, to be paid by the licensee, the surety or both, if the commission institutes or intervenes in legal action for claims against bonds.
Status: 5/23/18: signed by the Governor; Act No. 435; effective 5/23/18
NEW LAW: HB 522 – Home Service Contracts. Would revise current law for home service contracts. Under current law, home service contract providers must post a $50,000 surety bond in connection with registration. The bill provides that this law would apply to any service contract provider except motor vehicle service contract providers, who would be required to have a reimbursement insurance policy. Service contracts for tangible property that costs less than $100, excluding sales tax, would be exempt.
Status: 5/28/18: signed by the Governor; Act No. 592; effective 2/1/19
NEW LAW: HB 748 – Occupational Licensing Reform. Would require the least restrictive regulation on any occupation or profession. The bill is similar to the ALEC model in that mandatory bonding or insurance requirements would be considered more restrictive. Registration could include a bond requirement. The Governor's office would be required to review 20% of the State's occupational regulations annually to create a five-year review process, which will be repeated. The Governor's annual report would have to recommend legislation that either repeals an occupational regulation, converts an occupational regulation to a less restrictive form of regulation, or instructs the relevant licensing board or agency to revise its regulations to implement a less restrictive regulation that the legislature directed. The Governor also may recommend that no new legislation be enacted.
Status: 5/30/18: signed by the Governor; Act No. 693; effective 8/1/18
NEW LAW: SB 482 – Mechanical Contractors. Would exempt licensed mechanical contractors from obtaining an additional license for HVAC and gas fitting work.
Status: 5/17/18: signed by the Governor; Act No. 253; effective 5/17/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HP 91 (LD 123) – Probate Code. Would recodify and revise the Maine Probate Code.
Status: 4/20/18: signed by the Governor; P.L. 402; effective 7/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 848 – Consumer Reporting Agencies. Would require consumer reporting agencies to register and post a surety bond in an amount that would be determined by regulations. The bond would be conditioned on compliance with the applicable laws and regulations. Direct actions on the bond would be permitted, but the surety's aggregate liability would be limited to the bond amount. The bond would have to remain in force for three years after the bond is cancelled or the registrant ceases to be registered for any reason, whichever is later; 90 days' written notice would be required to cancel.
Status: 5/8/18: Approved by the Governor; Chapter 480; effective 10/1/18
NEW LAW: HB 1065 – Title Service Agents. Would increase the amount of the bond required of a title service agent from $25,000 to $50,000.
Status: 5/8/18: Approved by the Governor; Chapter 512; effective 10/1/18
NEW LAW: HB 1103 – Private Career Schools. Provides that the Higher Education Commission would have to require private career schools and for-profit institutions of higher education that operate in the state to furnish a performance bond or other form of financial guarantee that covers their total Maryland student tuition liability. The bond or other security would be required in addition to the bond required in connection with obtaining a certificate of approval or registration to secure the faithful performance of its agreements or contracts with students, and to secure its compliance with the applicable law.
Status: 5/26/18: Enacted - became law without the Governor's signature; Chapter 835; effective 5/26/18
Related Bill: SB 795
NEW LAW: SB 795 – Postsecondary Educational Institutions. Would require private career schools and for-profit institutions of higher education that operate in the state to furnish a performance bond or other form of financial guarantee to cover their total Maryland student ltuition liability. This bond would be in addition to the bond required in connection with obtaining a certificate of approval or registration to secure the faithful performance of its agreements or contracts with students, and to secure its compliance with applicable law.
Status: 5/26/18: Enacted - became law without the Governor's signature; Chapter 836; effective 5/26/18
Related Bill: HB 1103
NEW LAW: SB 1068 – Student Loan Servicers. As amended, this bill would require a student loan servicer to be licensed and post a surety bond in an amount determined by the Commissioner of Financial Regulation. The bond would be conditioned on compliance with federal and state laws regulating student loan servicers. The bill provides for third-party liability, aggregate liability, and a 90-day cancellation clause. The bond would remain in place for three years after the date of cancellation or after the student loan servicer ceases to be licensed.
Status: 5/15/18: approved by the Governor; Chapter 732; effective 10/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 4471 – Receivers. Would adopt the Uniform Commercial Real Estate Receivership Act. Receivers would be required to post a surety bond or other security in an amount the court determines to secure the faithful performance of their duties. Claims on the bond would have to be brought within six months of the date the receiver is discharged.
Status: 2/6/18: approved by the Governor and filed with the Secretary of State; effective 5/7/18
NEW LAW: HB 5097 – Rights-of-Way - County Roads. Would revise the permit bond requirements for performing work on a right-of-way for a county road so that a county road commission could only require one bond, or other form of security, from a permittee to secure the performance of the conditions of all permits to construct, operate, maintain, or remove a facility or perform any other work in a right-of-way. The bill provides that the bond amount could not be more than $20,000, unless the county's population exceeds 250,000, in which case the bond could not be more than $40,000.
Status: 4/2/18: approved by the Governor and filed with Secretary of State; assigned PA 97'18; effective 7/1/18
HB 6114 – Occupational Regulation. Would establish procedures for determining whether an occupational regulation is the least restrictive form of regulation to protect consumers. The Michigan Law Review Commission (Commission) would be charged with reviewing new legislation that proposes to create or amend an occupational regulation to determine whether it would meet this standard. Bonding or insurance would be considered among the more restrictive forms of regulation. The bill provides that there is a rebuttable presumption that market competition and private remedies are sufficient to protect consumers. The Commission also would have to review 20% of existing occupational regulations annually to create a five year review process to review all such regulations. The Commission would have to report annually with recommendations for legislation that either repeals an occupational regulation, converts an occupational regulation to a less restrictive form of regulation, or instructs the relevant licensing board or agency to revise it regulations to implement a less restrictive regulation. The bill is based on model legislation from the American Legislative Exchange Council.
Status: 6/6/18: (H) introduced and referred to Regulatory Reform; electronically reproduced
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
HF 4385 – Cigarette/Tobacco Tax Bond. Would establish procedures for revoking a cigarette and tobacco retail license for having contraband cigarettes or tobacco products, and for obtaining a new license following the revocation of the original license. To obtain a new license, an applicant would have to furnish a surety bond or other security in an amount equal to 10 times the amount of tax on the contraband cigarettes or tobacco products.
Status: 5/17/18: vetoed by the Governor; Chapter 172
NEW LAW: SF 893 – Notaries Public. Would repeal the current law for notaries public and adopt the Revised Uniform Law on Notarial Acts. Under the new Act, notaries would be required to post a surety bond or its functional equivalent in an amount not yet determined.
Status: 5/20/18: approved by the Governor; Chapter 176; effective 1/1/19
NEW LAW: SF 3168 – Leasing of State Forest Land. Would revise the existing law that authorizes the Commissioner of the Department of Natural Resources to require persons leasing State forest land to post a performance bond to allow other forms of security to be posted in lieu of the bond. The bill would also authorize the Commissioner to require a bond or other security in connection with leases of State land for: removing sand, gravel, clay, rock, marl, peat, and black dirt; storing ore, waste materials from mines, or rock and tailings from ore milling plants; roads or railroads; or any other uses. The bond would ensure the removal of any personal property on the leased lands upon the cancellation or termination of the lease.
Status: 5/20/18: approved by the Governor; Chapter 186; effective 5/21/18
NEW LAW: SF 3245 – PACE Loan Program. Would establish the Property Assessed Clean Energy (PACE) loan program to provide loans for installing energy efficient technology in homes and businesses. The bill would require residential PACE loan administrators to be licensed and post a surety bond in an amount ranging from $100,000 to $200,000, based on the administrator's volume of PACE loans made in the State in the preceding year. For an initial license, the bond amount would be $100,000. The bond would secure the administrator's compliance with the applicable law and would have to be available for the recovery of expenses, fines, and fees that the Commissioner of Commerce levies and losses incurred by homeowners as a result of an administrator's noncompliance.
Status: 5/19/18: approved by the Governor; Chapter 155; effective 8/1/18
SF 3656 – Postsecondary Educational Institutions and Leasing of State Forest Lands. Would revise the bond requirement for new postsecondary educational institutions with conditional approval to grant degrees by requiring them to post a minimum $10,000 bond. Under current law, a bond or irrevocable letter of credit, in an amount ranging from $10,000 to $250,000, is only required when the institution fails to meet minimum financial standards from the U.S. Department of Education. The proposed bond would be in addition to the existing requirement for schools that do not meet the financial standards.
Status: 5/23/18: vetoed by the Governor; Chapter 201
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 1525 – Trustees. Would require the trustees of the Scenic Rivers Development Alliance who serve as officers of the board of trustees to post a $50,000 bond to secure the faithful performance of their duties.
Status: 2/21/18: approved by the Governor; effective 2/21/18
NEW LAW: SB 2001a – Lottery Retailers. Creates the Mississippi State Lottery Corporation. Lottery retailers must post a bond or letter of credit in an amount based on the retailer's average lottery ticket sales. The Corporation may also require vendors to post a performance bond, letter of credit, or a deposit of securities in an amount it will determine for a contract with the Corporation.
Status: 8/31/18: approved by the Governor; effective 9/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 1388 – Promoters. Would require promoters to post a $25,000 surety bond or irrevocable letter of credit in connection with licensure to guarantee the payment to the State of all state athletic taxes and fees, and to pay all the contestants and officials.
Status: 6/29/18: approved by the Governor; delivered to Secretary of State; effective 8/28/18
NEW LAW: HB 1500 – Licensing Regulations. Would prohibit the State from imposing a substantial burden on an individual pursuing an occupation or profession unless there is a reasonable interest to protect the general welfare. Any regulation would have to be the least restrictive type that is consistent with the public interest to be protected, and bonding and insurance are listed as the least restrictive type. In the case of regulations for an occupation or profession where the threat to the public resulting from the practitioner's services is easily predictable, a system of insurance, bonding, or registration must be implemented. Registration could include bonding. Certification is required when the consumer is at a disadvantage in being unable to judge the quality of service being provided. If bonding, insurance, registration, and certification are insufficient, a licensing system would be required. A regulatory entity would have to report on the reasoning for any legislation filed that imposes additional regulations on a profession or occupation that is already regulated. Such report must include information on why bonding and insurance, registration, certification, a license, or another type of regulation is being proposed, why it was chosen, and whether it is appropriate.
Status: 6/1/18: approved by the Governor; effective 8/28/18
Related Bill: HB 1928
NEW LAW: HB 1719 – Professional Employer Organizations (PEOs). Would require a PEO, or PEO groups, to maintain a positive working capital. If the PEO fails to do so, then it could provide a surety bond or other security in an amount sufficient to make up the deficiency, plus $100,000. The bond would secure the payment of all taxes, wages, benefits, or other entitlements due to or with respect to covered employees.
Status: 6/1/18: approved by the Governor; effective 8/28/18
NEW LAW: SB 707 – Motor Vehicle Dealers. Would increase the amount of the license bond for vehicle dealers from $25,000 to $50,000.
Status: 7/5/18: approved by the Governor; delivered to Secretary of State; effective 8/28/18
NEW LAW: SB 884 – Retail Sales Licenses. Provides that the bond or other security that retail sales licensees are required to post to secure the payment of their tax liability would instead be required at the discretion of the Director of Revenue.
Status: 6/1/18: signed by the Governor; effective 8/28/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: LB 299 – Occupational Licensing Reform. Adopts the Occupational Board Reform Act.
Status: 4/23/18: approved by the Governor; effective 7/18/18
NEW LAW: LB 743 – Public Adjusters. Would require public adjusters to be licensed and post a minimum $20,000 surety bond as a form of financial responsibility.
Status: 3/21/18: approved by the Governor; effective 7/19/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: SB 442 – Postsecondary Career Schools. Would revise the amount of the bond required for postsecondary career schools. The bond amount would have to be sufficient to reimburse the tuition of any student contract which cannot be fulfilled, taking into account the number of students or potential students to be reimbursed and the expenses for investigating and processing claims. The minimum bond amount would remain at $10,000.
Status: 6/4/18: signed by the Governor on 5/30; Chapter 0136; effective 7/29/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
AB 1549 – Landlords and Tenants. Would allow tenants in a residential building to post a bond in lieu of a security deposit in an amount equal to all or part of the deposit, not to exceed 1 1/2 months' rent. The bill sets out the responsibilities of both the tenant and the landlord under the bond. The bill also contains provisions for placing the building into receivership, and the receiver would have to be bonded. The court could require the building owner to post a bond or other security for buildings in receivership in an amount up to 50% of the fair market value of the building(s) to secure against code violations.
Status: 1/9/18: (A) introduced; referred to Housing and Community Development
AB 1579 – Tobacco Products Distributors. Would require tobacco products distributors to post a minimum $10,000 license bond to secure compliance with the applicable law. Also, the tax bond required for wholesalers and distributors of tobacco products would have to be at least $10,000. Current law provides that the Director of the Division of Taxation determines the bond amount.
Status: 1/9/18: (A) introduced; referred to Health and Senior Services
Related Bills: AB 1586 and SB 1184
AB 1586 – Tobacco Products Distributors. Would require tobacco products distributors to post a minimum $10,000 license bond to secure compliance with the applicable law. Also, the tax bond required for wholesalers and distributors of tobacco products would have to be at least $10,000. Current law provides that the Director of the Division of Taxation determines the bond amount.
Status: 1/9/18: (A) introduced; referred to Health and Senior Services
Related Bills: AB 1579 and SB 1184
NEW LAW: AB 2035 – Mortgage Lenders. Would revise current law for mortgage lenders to establish requirements for nonprofit entities employing mortgage loan originators. Exempt companies would not be subject to the existing law for residential mortgage lending, but they would be required to register and post a blanket bond in the amount of at least $25,000 to cover its mortgage loan origination activities. The bond would run to the State for the benefit of any person injured by the wrongful act, default, fraud or misrepresentation of any originator.
Status: 8/24/18: approved by the Governor; P.L. 2018, Ch. 108; effective 11/24/18
AB 2714 – Money Transmitters. Provides that a money transmitter would be liable to a purchaser or holder of an outstanding payment instrument, which is issued by the licensee or received by the licensee's authorized delegate for transmission and set off by the financial institution. If the licensee does not have sufficient assets to make the purchaser or holder whole, they would be entitled to reimbursement from the bond or other security.
Status: 2/1/18: (A) introduced; referred to Consumer Affairs
Related Bill: SB 2487
AB 4317 – Fantasy Sports Contests. Would revise existing law for fantasy sports operators who currently must segregate participants' funds from operational funds and also must maintain a reserve account, a bond, an irrevocable letter of credit, or a combination thereof in the amount of the deposits in participants' accounts. The bill provides that the operator could either maintain the segregated account or instead maintain the reserve account, bond, or letter of credit.
Status: 7/30/18: (A) introduced; referred to Tourism, Gaming and the Arts
Status: 1/9/18: (S) introduced; referred to Commerce
SB 934 – Grease Recyclers. Would require grease recyclers to register and post a surety bond or other form of financial assurance in an amount sufficient to remediate environmental or health harms that are caused by noncompliant disposal, dumping or other release of grease. The amount would be determined by the Department of Environmental Protection.
Status: 1/16/18: (S) introduced; referred to Environment and Energy
SB 1184 – Tobacco Products Distributors. Would require tobacco products distributors to post a minimum $10,000 license bond to secure compliance with the applicable law. Also, the tax bond required for wholesalers and distributors of tobacco products would have to be at least $10,000. Current law provides that the Director of the Division of Taxation determines the bond amount.
Status: 1/25/18: (S) introduced; referred to Health, Human Services and Senior Citizens
Related Bills: AB 1579 and AB 1586
SB 1555 – Education Savings Accounts. Would establish education savings accounts for students to attend private schools. Participating schools receiving $50,000 or more in funds from these accounts during the school year would have to post a surety bond in an amount equal to the amount of funds to be received during the school year. In lieu of the bond, the school could file financial information demonstrating that the school has unencumbered assets equal to the amount to be received.
Status: 2/5/18: (S) introduced: referred to Education
SB 2068 – Business Consulting Firms. Would require small business consulting firms to register and post a $10,000 surety bond. The bond would be held for 90 days after the expiration or revocation of the registration. The bond terms and conditions would be determined through regulations.
Status: 3/5/18: (S) introduced; referred to Commerce
SB 2158 – Animal Cruelty. Would require a person charged in an animal cruelty case to post a bond or make other financial arrangements for the costs of care of an animal while it is being held in custody following its forfeiture as a result of the charges.
Status: 5/31/18: (S) transferred to Environment and Energy Committee
SB 2487 – Money Transmitters. Provides that a money transmitter would be liable to a purchaser or holder of an outstanding payment instrument, which is issued by the licensee or received by the licensee's authorized delegate for transmission and set off by the financial institution. If the licensee does not have sufficient assets to make the purchaser or holder whole, they would be entitled to reimbursement from the bond or other security.
Status: 4/16/18: (S) introduced and referred to Commerce
Related Bill: AB 2714
NEW LAW: SB 3233 – Subdivision Bonds in a Municipality. Would revise the existing requirements for subdivision bonds in a municipality. Current law requires a bond equal to 120% of the cost of installing the improvements. The bill provides that the bond amount would be based on the cost of only the improvements required by the approval or developer's agreement, ordinance, or regulation to be dedicated to the public entity that have not yet been installed. See the actual bill for more provisions.
Status: 1/16/18: approved by the Governor; P.L. 2017, c.312; effective immediately
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: SB 19 – Conservators. Would adopt the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act. The bill would rewrite the bond requirements for conservators by specifying that an "alternative asset protection plan" could be furnished in lieu of the bond. Also, the court could not waive the bond requirement if the conservator is a business that is being paid for its services as a conservator. However, a financial institution that possesses and is exercising general trust powers is not required to post a bond. Direct actions against the bond would be permitted.
Status: 2/28/18: signed by the Governor; Chapter 10; effective 7/1/18
NEW LAW: SB 101 – Directed Trusts. Would set out the requirements for a directed trust. Unless the terms of the trust provide for a different requirement, the trust director would be subject to the bond requirements of the Uniform Trust Code.
Status: 3/2/18: signed by the Governor; Chapter 63; effective 1/1/19
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: AB 219 – Distinctive License Plates. Would require persons seeking the production of a distinctive license plate for the New York State Elks Association to post a $6,000 bond, unless 200 orders are received prior to production.
Status: 8/24/18: signed by the Governor; Chapter 208
NEW LAW: AB 2620 – Distinctive License Plates. Would require persons seeking the production of a distinctive license plate for the West Indian American Day Carnival to post a $6,000 bond, unless 200 orders for the plate are received along with the required additional fees for the plate prior to the plate's design, production and issuance.
Status: 7/31/18: signed by the Governor; Chapter 124; effective on the 180th day after becoming law
NEW LAW: AB 5305 – Distinctive License Plates. Would require persons seeking the production of a distinctive license plate for Down's Syndrome Awareness to post a $6,000 bond, unless 200 orders for the plate are received along with the required additional fees for the plate prior to the plate's design, production and issuance.
Status: 7/31/18: signed by the Governor; Chapter 125; effective on the 180th day after becoming law
NEW LAW: AB 7715 – Distinctive License Plates. Would require persons seeking the production of a "September 11, 2001 Remembrance" distinctive license plate to post a $6,000 bond, unless 200 orders for the plate are received along with the required additional fees for the plate prior to the plate's design, production and issuance.
Status: 8/24/18: signed by the Governor; Chapter 224
SB 4019 – Distinctive License Plates. Would require persons seeking the production of a special license plate for the Jamaican Bobsled Team to post a $6,000 surety bond, unless there are 200 orders prior to the production of the plate.
Status: 6/14/18: (A) passed Assembly; returned to Senate; sent to the Governor
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 529 – Preneed Funeral Establishments. Would revise the license bond requirement for funeral establishments, which requires a $50,000 surety bond in connection with licensure as a preneed establishment if the licensee is newly licensed after January 1, 2008, or if a license expired after that date. The bond must be in place for 5 years or upon the licensee demonstrating that it is solvent, no less than 1 year from the date the original license is issued. The bill would require the bond to be in place for 2 years; however, the Board of Funeral Services could require it to remain in place for up to 5 years. The licensee could demonstrate its solvency after 1 year to have the bond requirement removed. A cash deposit could be posted in lieu of the bond.
Status: 6/25/18: signed by the Governor; Ch. SL 2018-78; effective 10/1/18
NEW LAW: HB 573 – Receivership - Vacant Buildings. Would establish procedures for placing a vacant building in receivership or for having the building rehabilitated or demolished. If the building will be rehabilitated or demolished, the owner, mortgagee or other person with an interest in the building would have to post a bond in an amount determined by the court to secure the performance of the work in compliance with a required schedule.
Status: 6/25/18: signed by the Governor; Ch. SL 2018-65; effective 10/1/18
NEW LAW: SB 99 – Nonresident Alcoholic Beverage Vendor Permits. Would revise the financial security requirement for nonresident ABC vendors: the Secretary may require the holder of a nonresident vendor ABC permit to furnish a bond in an amount not to exceed $2,000, conditioned on compliance, payable to the State in a form acceptable to the Secretary, and secured by a corporate surety. A pledge of obligations of the federal government, the State, or a political subdivision would no longer be accepted.
Status: 6/12/18: Governor's veto overridden; Ch. SL 2018-5; effective 7/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
HB 148 – Home Improvement Contractors. Would require home improvement contractors to register and obtain liability insurance or a surety bond for at least $250,000.
Status: 3/29/17: (H) read second time; referred to Finance
NEW LAW: HB 168 – Trustees. Would revise the bond requirement for trustees of an endowment care trust fund for cemeteries or a preneed cemetery merchandise and services trust to obtain a fidelity bond or an insurance policy instead of the surety bond required under existing law.
Status: 7/30/18: signed by the Governor; S.L. 2018-91; effective 10/31/18
HB 189 – Cosmetology Schools. Would increase the bond amount required for cosmetology schools from $10,000 to $100,000.
Status: 3/8/18: (H) from Government Accountability and Oversight: recommended as substituted
NEW LAW: HB 199 – Mortgage Professionals. Enacted the Ohio Residential Mortgage Lending Act.
Status: 12/2017: signed by the Governor; effective 3/23/18
HB 291 – Local Public Officials. Would permit a board of county commissioners, a board of township trustees, and a legislative authority of a municipal corporation and their officers, officials, employees or appointees to obtain an employee dishonesty and faithful performance of duty policy instead of the surety bond required under current law. The policy would have to provide coverage in an amount equal to or greater than the maximum bond amount required under existing law. The bill would permit the insurance policy to be provided by a joint self-insurance fund as authorized under existing law for political subdivisions.
Status: 3/21/18: (S) referred to Local Government, Public Safety and Veterans Affairs
HB 583 – Occupational Licensing Reform. This is an occupational licensing reform measure that would address municipal licensing requirements in addition to state licensing requirements. The bill would eliminate the authorization for municipalities to require specialty contractors licensed at the state level to register with the municipality and post a bond. A bond is not required in connection with a state license for contractors. The bill would also prohibit political subdivisions from requiring licenses for any profession that already is required to obtain a license under state law. The bill sets forth guidelines for all state licensing authorities to develop requirements concerning what criminal offenses disqualify a person from obtaining a license. The bill would revise the existing law for various licenses to require compliance with these standards instead of the current requirements concerning criminal convictions. The bill would also prohibit including non-specific license qualification requirements in a license application, such as moral character or moral turpitude.
Status: 4/10/18: (H) read second time; referred to Economic Development, Commerce, and Labor
HB 699 – Automated Commercial Vehicles. Would require persons operating automated commercial vehicles on a public road or highway to maintain a form of financial responsibility in the form of an insurance policy, surety bond, CD or proof of self-insurance that complies with existing law.
Status: 6/5/18: (H) read second time; referred to Transportation and Public Safety
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: SB 1475 – Occupational Licensing Reform. Creates the Occupational Licensing Advisory Commission to conduct a review of each occupational or professional licensing act at least every 4 years. The Commission must report its findings to the legislature and may recommend whether the license requirement should be maintained, modified, or repealed. The Commission must develop a 4-year schedule for when every existing licensing law will be reviewed. New laws creating a licensing requirement must be reviewed within 90 days of enactment and must be added to the 4-year schedule. The Commission must hold at least 1 public meeting per year at which ttime public comments will be accepted concerning licensing requirements.
Status: 5/7/18: approved by the Governor; Ch. No. 242; effective 7/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 4087 – Liens on Motor Vehicles. Would prohibit a person from creating, attaching, asserting, or claiming a possessory lien on a motor vehicle unless the person is a franchised motor vehicle dealership, the lien is against an abandoned motor vehicle, or the person posts a minimum $20,000 surety bond prior to making, altering, repairing, transporting, storing, providing services for, supplying materials for or performing labor in connection with the motor vehicle. The bond would secure payment to the owner of the vehicle for the full amount of any damages, costs, reimbursements, or attorney fees that the owner obtains in an action to release the lien.
Status: 4/3/18: signed by the Governor; effective 1/1/19
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
HB 76 – Transient Vendors and Taxes. Would require transient vendors to register in connection with this tax assessment and post a $500 bond to secure its compliance with a proposed sales and use tax on residential property. The bill also would authorize the Department of Revenue (Department) to require a bond from nonresident persons or entities, a building contractor, or a supplier delivering building materials that is not authorized to do business in or does not have a place of business in the Commonwealth and is subject to the proposed sales and use tax. The Department would determine the bond amount. The Department could require a bond from person petitioning for reassessment if the assessment is over $500 or the Department determines the collection of the tax is in jeopardy. Persons who have filed a return or made payment to the department more than 30 days late three or more times in a 12‑month could be required to post a bond.
Status: 4/10/18: (H) introduced and referred to Finance
HB 1885 – Probate - Personal Representatives. Provides that a personal representative for an estate could be required to post additional security if the register determines that the bond posted is insufficient based on a review of the inventory or inheritance tax return.
Status: 6/19/18: (S) second consideration
HB 2054 – Inheritance and Estate Taxes. Would eliminate the inheritance and estate tax. Current law includes bond requirements for trustees seeking an extension for payment of the tax and for persons who are delinquent in the payment of the tax, which would be eliminated with the repeal of the law.
Status: 2/8/18: (H) introduced and referred to Finance
HB 2169 – Dangerous Dogs. Would require the owner of a dog that has attacked a human for the first time to meet certain public safety requirements and obtain either a $50,000 surety bond or a liability insurance policy payable to a person that the dog injures.
Status: 4/24/18: (H) introduced and referred to Agriculture and Rural Affairs
HB 2228 – Scholarship Program. Would create the Keystone Scholarship Program for Exceptional Students which would allow eligible students to receive funds to attend a non-public school. If a participating school receives $50,000 or more in a school year from these scholarship funds, the school would be required to post a bond in an amount equal to the amount of funds received during the school year, or provide financial information demonstrating their ability to repay the funds received.
Status: 4/9/18: (H) introduced and referred to Education
SB 764 – RV Dealers. Would require RV dealers conducting shows, off-premises sales, exhibitions, or rallies to post a $30,000 bond to secure the dealer's compliance with the applicable laws and regulations. If the dealer already has a bond, no additional bond would be required for these events.
Status: 9/24/18: (S) recommitted to Rules and Executive Nominations
SB 1005 – Public Funds. Would eliminate surety bonds as a method for depositories to secure public funds that a county has deposited; only bonds secured by government obligations or letters of credit would be accepted. Also, the bill would eliminate public health boards for third class counties; the bond requirements would be eliminated as well.
Status: 9/25/18: (H) second consideration, with amendments; re-referred to Appropriations
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 8122 – Alcoholic Beverages. Would repeal the license bond requirements for manufacturers, rectifiers and wholesalers of alcoholic beverages. Currently, a bond is required in an amount determined by the Department of Business Regulation, conditioned on compliance with the applicable laws, payment of any damages or costs resulting from a violation, and payment of the license fee.
Status: 7/2/18: signed by the Governor; Chapter 176; effective 7/2/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 4612 – Contractors. Would permit general contractors and mechanical contractors to post a surety bond in connection with licensure instead of meeting the existing law's financial statement requirements. The bond amount would have to be in an amount equal to 10 times the required net worth of the contractor, and would be for the benefit of any person damaged by the contractor's acts or omissions that constitute a breach of the construction contract, or a contract for furnishing labor, materials, or professional services for construction, or by any lawful act or omission committed by the contractor in performing the work. The surety must have an "A" rating from A.M. Best.
Status: 5/25/18: signed by the Governor; Act No. 217; effective 5/18/18
NEW LAW: HB 4657 – Insurance Benefit Plan Administrators. Would revise the bond requirement for insurance benefit plan administrators; current law requires administrators to post a $75,000 license bond. The bill provides that the $75,000 amount would apply to new license applicants. Licensees renewing their license would need to post a bond in an amount equal to 10% of the total premiums handled or managed in the state for the previous calendar year; $75,000 minimum, $500,000 maximum. The bill also adds a provision allowing cancellation of the bond with 30 days' written notice.
Status: 5/18/18: signed by the Governor; effective 5/18/18
NEW LAW: HB 4795 – Motor Vehicle Auction. Provides that a motor vehicle dealer who conducts an auction of investment grade or collector motor vehicles for not more than three days in a year would have to post a $1 million surety bond.
Status: 5/18/18: signed by the Governor; effective 5/18/18
NEW LAW: SB 877 – Appraisal Management Companies. Would revise existing law for appraisal management companies by requiring them to post a $50,000 surety bond, and eliminate the current requirement to provide financial information.
Status: 5/15/18: signed by the Governor; effective 5/15/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 1107 – Bid Bonds. Would revise the bid bond requirements for county and township bridge and culvert construction contracts. Current law requires a certified check for 10% of the bid amount. The bill would require either a surety bond for 10% of the bid amount, or a certified check for 5% of the bid amount, and establish a $50,000 threshold for requiring a bid bond or certified check. The bill also would eliminate the bond required for county highway superintendents, which must be in an amount of not less than $2,000 and not more than $5,000.
Status: 3/6/18: signed by the Governor; effective 7/1/18
NEW LAW: HB 1169 – Public Officials. Would eliminate the bonds required under existing law for mayors and commissioners of first and second class municipalities. The bond secures the faithful performance of duties of the official's office, and the proper handling of municipality money and property.
Status: 3/21/18: signed by the Governor; effective 7/1/18
NEW LAW: SB 26 – Grain Buyers. Would revise the bond requirement for grain buyers. The bill would eliminate the top tier for a Class B grain buyer so that the maximum bond amount would be $100,000 instead of $150,000. For a grain buyer with less than three years' experience, the bond amount would be based on the average actual purchases made in all of its previous years as a grain buyer or the buyer's projected purchases, whichever is higher.
Status: 2/12/18: signed by the Governor on 2/8/18; effective 7/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 2080 – Animal Massage Therapists. Would require animal massage therapists to be certified and post a $25,000 surety bond, which would be for the benefit of any person damaged due to the negligence of the person who performed the animal massage therapy services. Direct actions against the bond would be permitted, but the surety's aggregate limit would be limited to the penal sum of the bond.
Status: 4/12/18: signed by the Governor; effective 7/1/18
NEW LAW: SB 1921 – Receivers. Would adopt the Uniform Commercial Real Estate Receivership Act. Receivers would be required to post a surety bond or other security in an amount the court determines to secure the faithful performance of their duties. Claims on the bond would have to be brought within one year of the date the receiver is discharged.
Status: 4/18/18: signed by the Governor; Pub. Ch. 731; effective 7/1/18
NEW LAW: SB 2294 – Postsecondary Educational Institutions. Revises the bond requirement for postsecondary educational institutions, adding a provision that the bond would also be conditioned to pay an amount that the Tennessee Higher Education Commission assesses for the administrative costs associated with maintaining academic records when an institution closes. Such an amount will be paid from any remaining funds after any payments are made to students and enrollees or their parents or guardians.
Status: 4/20/18: signed by the Governor; Pub. Ch. 790; effective 4/20/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: SB 130 – Cannabidiol Products. Would authorize the sale and use of cannabidiol products, which are medicinal products produced from hemp. The bill would require processors or laboratories to be licensed and post a $100,000 surety bond or cash deposit, conditioned on compliance with the applicable law. The bond would be subject to forfeiture if the license is revoked.
Status: 3/23/18: Governor signed; Ch. 452; effective 7/1/19
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: SB 29 – Administrators of Estates. Would revise the bond requirement for the administrator of an estate; the Probate Division of the Court would determine if sureties are required. The bill would specify that the bond would be for the benefit of all interested persons, except where a bond is to be taken to the adverse party, and revise the bond condition to provide that the inventory of the estate would be due in 60 days rather than 30 days. The bill would also eliminate the position of a residuary legatee to serve as an administrator, thus eliminating the bond requirement.
Status: 5/30/18: signed by the Governor; effective 7/1/18 (applies to wills executed or offered for admission on or after 7/1/18)
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 63 – Private Security Firms and Training Schools. Would eliminate the option to post a surety bond in connection with licensure for private security firms and private security training schools. Current law requires either a surety bond or liability insurance.
Status: 3/9/18: approved by the Governor; Chapter 214; effective 7/1/18
NEW LAW: HB 674 – Developers - Time Share Projects. Would revise the requirement for developers of time share projects to maintain an escrow account for purchases or reservations. If the project has more than 25 units, the developer could post a surety bond or letter of credit in lieu of maintaining the escrow account. An individual bond or letter of credit would be required if the deposit total is less than $10,000; otherwise, a blanket bond could be furnished in an amount based on the total amount of the deposits, ranging from $75,000 to $1 million. If the amount of the deposits exceeds $1 million, the bond amount would have to be equal to the deposits.
Status: 2/26/18: approved by the Governor; Chapter 33; effective 7/1/18
Related Bill: SB 443
NEW LAW: HB 850 – Temporary Guardians and Conservators. Would direct the court to set the bond requirements for a temporary guardian and any temporary conservator for an adult placed under protective services.
Status: 2/26/18: approved by the Governor; Chapter 19; effective 7/1/18
NEW LAW: SB 443 – Developers - Time Share Projects. Would revise the requirement for developers of time share projects to maintain an escrow account for purchases or reservations. If the project has more than 25 units, the developer could post a surety bond or letter of credit in lieu of maintaining the escrow account. An individual bond or letter of credit would be required if the deposit total is less than $10,000; otherwise, a blanket bond could be furnished in an amount based on the total amount of the deposits, ranging from $75,000 to $1 million. If the amount of the deposits exceeds $1 million, the bond amount would have to be equal to the deposits.
Status: 3/2/18: signed by the Governor; Chapter 133; effective 7/1/18
Related Bill: HB 674
NEW LAW: SB 543 – Temporary Guardians and Conservators. Would direct the court to set the bond requirements for a temporary guardian and any temporary conservator for an adult placed under protective services.
Status: 3/5/18: signed by the Governor; Chapter 188; effective 7/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 4207 – Notaries Public. Would repeal the existing bond requirement for notaries.
Status: 3/27/18: approved by the Governor; effective 6/5/18
NEW LAW: SB 415 – Gambling - Wagering on Sports. Would establish requirements for wagering on Professional and collegiate sporting events. The bill would require gaming facilities that operate sports lottery wagering to obtain a separate license for this activity and post a surety bond in an amount determined by the Lottery Commission. The bond would guarantee that the licensee will make all payments required under the law and regulations.
Status: 3/9/18: became law without the Governor's signature; effective from passage (3/3/18)
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
Legislative developments significant to the surety bonding industry will be posted as soon as they become available. Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
NEW LAW: HB 18 – Nonresident Employers - Wages. Would reduce the threshold at which nonresident employers are required to post a bond from $10,000 per month to $4,000 per month in wages paid in the state. Existing law requires the bond to be for $20,000, plus $2,000 for each $120,000 or fraction thereof, that the expected wages exceed $120,000 annually. The bill would establish tiers for the bond amount based on the amount of wages paid; $8,000 minimum, $100,000 maximum.
Status: 3/12/18: Governor signed; Ch. 39; effective 7/1/18
NEW LAW: HB 34 – Certificates of Title - Mobile Homes. Would eliminate the option for the owner of a mobile home to post a bond to obtain a duplicate certificate of title prior to the end of the waiting period. Under current law, the owner must wait 11 days following the submission of an affidavit for a lost certificate of title for a mobile home. The bond amount must be for at least double the value of the mobile home.
Status: 3/12/18: Governor signed; Ch. 37; effective 7/1/18
NEW LAW: HB 129 – Certificates of Title - Glider Kit Vehicles. Would establish requirements to obtain a certificate of title for a glider kit vehicle; the Department of Transportation or a county clerk could require certain documentation as proof of ownership, such as an affidavit or surety bond required under current law.
Status: 3/16/18: Governor signed; Ch. 129; effective 7/1/18
Contact CNA Surety at 800-331-6053 if you have information regarding legislative updates.
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