Theft by Contractor
Summary
The bill specifies that a person commits theft when the person knowingly uses an advance payment for a construction project for an unrelated purpose that results in the delay, end, abandonment, or material nonperformance of the construction project.The bill requires that before a contractor can take an advance payment from a customer, a contractor shall provide the customer with a written disclosure identifying the intended use of the advance payment, the anticipated timing of expenses identified in the disclosure, and the project's anticipated start date.(Note: This summary applies to this bill as introduced.)
Bill status
in committee
2 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
House Failed
Apr 2026
Governor
Introduced Feb 18, 2026
Last action Apr 21, 2026
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
Engrossed
·
4 edits
·
Apr 17, 2026
MODERATE
The bill was amended to add Senate sponsorship and update the bill status from 'Introduced' to 'Engrossed.' The core legal definition of theft regarding advance construction payments was modified to replace 'knowingly' with 'with criminal negligence,' lowering the mental state required for prosecution. Additionally, the consequences for misusing funds were narrowed by removing 'abandonment' and 'nonperformance' as standalone triggers, focusing instead on unreasonable delay, cessation, or abandonment.
Scope change
The bill's applicability expanded to include a new Senate sponsor, and the enforcement threshold for theft charges was lowered by changing the required mental state from 'knowingly' to 'with criminal negligence.'
ENFORCEMENT
Changed the mental state required for theft charges from 'knowingly' to 'with criminal negligence' regarding the misuse of advance construction payments.
REQUIREMENT
Narrowed the definition of harmful outcomes for advance payment misuse by removing 'nonperformance' and requiring 'unreasonable' delay before a violation occurs.
SCOPE
Added a new Senate sponsor (Pelton R.) to the bill's sponsorship list.
TECHNICAL
Updated the bill header to reflect that it is now 'Engrossed' and includes all amendments adopted on second reading.
Floor votes · House Apr 21, 2026
How they voted
27–36
Failed · 1 other
Total votes 64
Apr 21, 2026
D
Democratic42
76% Nay
R
Republican22
81% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
8
Key actions
1
Committee
1
Apr 21, 2026
Vote failed
House Vote: fail (27-36-1)
house
Mar 4, 2026
Lower · Passed
House Committee on Business Affairs & Labor Refer Unamended to House Committee of the Whole
lower
Feb 18, 2026
Introduced
Introduced In House - Assigned to Business Affairs & Labor
lower
3 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Rebecca Keltie
RRepublican
P
Regina English
DDemocratic
P
Rod Pelton
RRepublican
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