MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary

By: Senator(s) Kirby

AN ACT TO PROHIBIT ANY STATE, COUNTY OR MUNICIPAL EMPLOYEE, WITH RESPECT TO ANY PUBLIC BUILDING OR CONSTRUCTION CONTRACT WHICH HAS BEEN COMPETITIVELY BID, FROM REQUIRING THE BIDDER TO MAKE APPLICATION TO, OR TO OBTAIN ANY OF THE SURETY BONDS FROM ANY PARTICULAR INSURANCE OR SURETY COMPANY, AGENT OR BROKER; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) No state, county, or municipal employee, and no person acting or purporting to act on behalf of such employee, or any state, county or municipal agency, shall, with respect to any public building or construction contract which is about to be or which has been competitively bid or negotiated, require the bidder to make application to or furnish financial data to, or to obtain or procure any of the surety bonds, or surety bond components of wrap-up insurance, that is specified in connection with such contract or specified by any law, from any particular insurance or surety company, agent or broker.

(2) Any person who violates the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail for a term not to exceed five (5) years, or by both fine and imprisonment. SECTION 2. This act shall take effect and be in force from and after July 1, 2001.