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Senate reconvenes and fast-tracks retention-proceeds bill after title change
Summary
Senators reconsidered and fast-tracked first substitute Senate Bill 93 (retention proceeds revisions), waiving rule requirements and concurring with House amendments; the motion to pass carried under suspension with a recorded 25–0 vote.
First substitute Senate Bill 93, described on the floor as retention-proceeds revisions related to school construction, was recalled for reconsideration after sponsors identified a title change. Senator Jenkins moved to reconsider the Senate’s prior action to ensure the title and text aligned; the body unanimously agreed to reconsider and then moved the bill to the top of the third-reading calendar.
Under suspension of the rules, senators waived the three-reading requirement and the Senate concurred with House amendments. The Senate then voted under suspension for final passage; President Wadhams recorded the roll call and announced the bill had received 25 yea votes, 0 nays with 4 absent, and it will be returned to the House for the speaker’s signature and enrollment.
Senator Jenkins explained the bill’s substantive change: lowering allowable retention from 10 percent to 5 percent and clarifying that retention proceeds accrued and deposited and retained by the owner are considered constructive trust funds for contractors and subcontractors who have earned them.
Next step: the bill will be forwarded to the House for signature/enrollment following the Senate action taken under suspension of rules.
