GOVT CONTRACT RETAINAGE
Summary
Creates the State Agency Retainage Act. Provides that, if a State agency determines that satisfactory progress has not been achieved by a contractor or subcontractor during any period for which a payment is to be made, a percentage of the payment may be retained by the State agency. Prohibits the amount of retainage under the Act from exceeding 10% of the amount of any and all draw amounts submitted and approved under the terms of the contract until the contract is 50% completed. Prohibits retainage of more than 5% of the contract of the amount of any and all draw amounts submitted and approved under the terms of the contract for the duration of the contract. Authorizes retainage to be adjusted as the contract approaches completion to recognize better than expected performance, the ability to rely on alternative safeguards, and other factors. Further provides that on completion of all contract requirements, amounts retained under the Act must be paid promptly. Defines the terms "retainage" and "State agency". Amends the State Prompt Payment Act. Specifies that the State Prompt Payment Act does not apply to retainage withheld under the State Agency Retainage Act.
Bill status
signed
all 5 stages cleared
Introduction
Apr 2025
Committee Review
Jun 2025
House Passage
Jun 2025
Senate Passage
May 2025
Signed into Law
Aug 2025
Introduced Apr 10, 2025
Signed Aug 15, 2025
Maddy AI version diff · 2 comparisons
What changed between versions
Engrossed
→
Enrolled
·
5 edits
·
Aug 15, 2025
MODERATE
The bill was finalized as an Enrolled version, removing the original 'State Agency Retainage Act' title and sections that limited retainage amounts and subcontractor withholding rules. Instead, the bill now amends the Public Construction Bond Act to require performance bonds for public works projects over $150,000 until 2029, with a lower threshold of $50,000 for local governments. It also mandates that state agencies publicly report data on defaulted contracts, payment claims, contractor revenues, and surety identities to increase transparency.
Scope change
The bill's scope shifted from regulating retainage (money withheld from payments) to mandating performance bonds for public construction projects. It also expanded the requirement for state agencies to publicly disclose specific financial and performance data regarding their contracts.
DEFINITION
Removed the standalone 'State Agency Retainage Act' title and the specific definitions for 'Retainage' and 'Satisfactory progress'.
REQUIREMENT
Removed the specific rules limiting the percentage of retainage that could be withheld from contractors and subcontractors.
Added a requirement for state and local governments to require performance bonds for public works projects over $150,000 (state) or $50,000 (local) until January 1, 2029.
ENFORCEMENT
Added a mandate for state agencies to publicly display detailed reports on defaulted contracts, payment claims, contractor revenues, and surety identities.
TIMELINE
Established a sunset date of January 1, 2029, for the new bond requirements and reporting mandates.
Floor votes · Senate May 31, 2025 · House Apr 9, 2025
How they voted
55–0
Passed · 3 other
Total votes 58
May 31, 2025
D
Democratic39
92% Yea
R
Republican19
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
88
Key actions
20
Committee
25
Amendments
19
Aug 15, 2025
Signed into law
Governor Approved
lower
Jun 1, 2025
Lower · Passed
Passed Both Houses
lower
Jun 1, 2025
Introduced
Senate Floor Amendment No. 3 House Concurs 086-028-000
lower
Jun 1, 2025
Lower · Passed
Senate Committee Amendment No. 1 House Concurs 086-028-000
lower
May 31, 2025
Introduced
Motion Filed to Suspend House Rule(s) for Immediate Consideration Rep. Bob Morgan
lower
May 31, 2025
Lower · Passed
Senate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
lower
May 31, 2025
Lower · Passed
Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
lower
May 31, 2025
Committee
Senate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
lower
May 31, 2025
Committee
Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
lower
May 31, 2025
Introduced
Senate Floor Amendment No. 3 Motion Filed Concur Rep. William "Will" Davis
lower
May 31, 2025
Lower · Passed
Senate Committee Amendment No. 1 Motion Filed Concur Rep. William "Will" Davis
lower
May 31, 2025
Introduced
Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 3
lower
May 31, 2025
Introduced
Arrived in House
lower
May 31, 2025
Amended
Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
upper
May 31, 2025
Upper · Passed
Third Reading - Passed; 056-000-000
upper
May 31, 2025
Upper · Passed
Senate Floor Amendment No. 3 Adopted; Preston
upper
May 30, 2025
Introduced
Senate Floor Amendment No. 3 Recommend Do Adopt Executive; 012-000-000
upper
May 30, 2025
Introduced
Senate Floor Amendment No. 2 Postponed - Executive
upper
May 30, 2025
Introduced
Senate Floor Amendment No. 3 Assignments Refers to Executive
upper
May 30, 2025
Introduced
Senate Floor Amendment No. 2 Assignments Refers to Executive
upper
May 30, 2025
Committee
Senate Floor Amendment No. 3 Referred to Assignments
upper
May 30, 2025
Introduced
Senate Floor Amendment No. 3 Filed with Secretary by Sen. Willie Preston
upper
May 29, 2025
Committee
Senate Floor Amendment No. 2 Referred to Assignments
upper
May 29, 2025
Introduced
Senate Floor Amendment No. 2 Filed with Secretary by Sen. Willie Preston
upper
May 28, 2025
Upper · Passed
Do Pass as Amended Executive; 013-000-000
upper
May 28, 2025
Upper · Passed
Senate Committee Amendment No. 1 Adopted
upper
May 28, 2025
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Executive
upper
May 27, 2025
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
May 27, 2025
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Willie Preston
upper
May 23, 2025
Upper · Passed
Rule 2-10 Committee Deadline Established As June 1, 2025
upper
May 9, 2025
Upper · Passed
Rule 2-10 Committee Deadline Established As May 23, 2025
upper
Apr 23, 2025
Committee
Assigned to Executive
upper
Apr 10, 2025
Committee
Referred to Assignments
upper
Apr 10, 2025
Introduced
Arrive in Senate
upper
Apr 9, 2025
Amended
House Floor Amendment No. 2 Tabled
lower
Apr 9, 2025
Amended
House Floor Amendment No. 1 Tabled
lower
Apr 9, 2025
Lower · Passed
Third Reading - Short Debate - Passed 079-035-000
lower
Apr 9, 2025
Lower · Passed
House Floor Amendment No. 3 Adopted
lower
Apr 7, 2025
Lower · Passed
House Floor Amendment No. 3 Recommends Be Adopted State Government Administration Committee; 005-003-000
lower
Apr 7, 2025
Lower · Passed
House Floor Amendment No. 3 Rules Refers to State Government Administration Committee
lower
Apr 2, 2025
Committee
House Floor Amendment No. 3 Referred to Rules Committee
lower
Apr 2, 2025
Introduced
House Floor Amendment No. 3 Filed with Clerk by Rep. William "Will" Davis
lower
Mar 20, 2025
Lower · Passed
House Floor Amendment No. 2 Rules Refers to State Government Administration Committee
lower
Mar 19, 2025
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
Mar 19, 2025
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. William "Will" Davis
lower
Mar 4, 2025
Lower · Passed
House Floor Amendment No. 1 Rules Refers to State Government Administration Committee
lower
Feb 26, 2025
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Feb 26, 2025
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. William "Will" Davis
lower
Feb 19, 2025
Lower · Passed
Do Pass / Short Debate State Government Administration Committee; 009-000-000
lower
Feb 11, 2025
Committee
Assigned to State Government Administration Committee
lower
Jan 9, 2025
Committee
Referred to Rules Committee
lower
2 primary · 10 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Will Davis
DDemocratic
P
Willie Preston
DDemocratic
Co
Dee Avelar
DDemocratic
Co
Diane Blair-Sherlock
DDemocratic
Co
Harry Benton
DDemocratic
Co
La Shawn Ford
DDemocratic
Co
Lakesia Collins
DDemocratic
Co
Laura Murphy
DDemocratic
Co
Matt Hanson
DDemocratic
Co
Mattie Hunter
DDemocratic
Co
Nick Smith
DDemocratic
Co
Rita Mayfield
DDemocratic
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