FIRST REGULAR SESSION

[PERFECTED]

HOUSE BILL NO. 314

92ND GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE ENGLER.

         Read 1^st time January 29, 2003, and copies ordered printed.

                  Read 2^nd time January 30, 2003, and referred to the Committee on Financial Services January 30, 2003.

                  Reported from the Committee on Financial Services February 27, 2003 with recommendation that the bill Do Pass by Consent with House Committee Amendment No. 1.

                  Perfected by Consent March 10, 2003.

STEPHEN S. DAVIS, Chief Clerk

1294L.01P

AN ACT

To amend chapter 34, RSMo, by adding thereto one new section relating to bonds of officers and contractors for public works.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 34, RSMo, is amended by adding thereto one new section, to be known as section 34.059, to read as follows:

            34.059. 1. No public entity, nor any officer, agent or employee acting or purporting to act on behalf of such public entity, shall require a bidder, proposer, or contractor to obtain or procure any surety bond, including but not limited to bid bonds, payment bonds and performance bonds, from a particular insurance or surety company, producer, agent, or broker in connection with any contract for the construction of public works.

            2. Any provision in a public works contract, bidding documents, request for proposals, or similar document in conflict herewith shall be void as contrary to the public policy.

            3. As used in this section, the terms "public entity" and "public works" shall be given the definition set forth in section 107.170, RSMo.