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HB4538 • 2026

Regarding fines in DOH work zones

Regarding fines in DOH work zones

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Howell, G., Sheedy
Last action
2026-04-01
Official status
Effective Ninety Days from Passage - (June 12, 2026)
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English:  HB4538 HFA Flanigan 3-2 #1 Baker 3228 Delegate Flanigan moved to amend the bill on page 1, after the enacting clause, by striking the remainder of the bill and inserting in lieu thereof the following: ARTICLE 3.

  •  HB4538 HFA Flanigan 3-2 #1 Baker 3228 Delegate Flanigan moved to amend the bill on page 1, after the enacting clause, by striking the remainder of the bill and inserting in lieu thereof the following: ARTICLE 3.
  • TRAFFIC SIGNS, SIGNALS AND MARKINGS.
  • §17C-3-4a.
  • Obedience to traffic-control instructions at site of street or highway construction or maintenance; penalty.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB4538 HFA Flanigan & Akers 3-2 #1 Baker 3228 Delegates Flanigan and Akers moved to amend the bill on page 1, after the enacting clause, by striking the remainder of the bill and inserting in lieu thereof the following: ARTICLE 3.

  •  HB4538 HFA Flanigan & Akers 3-2 #1 Baker 3228 Delegates Flanigan and Akers moved to amend the bill on page 1, after the enacting clause, by striking the remainder of the bill and inserting in lieu thereof the following: ARTICLE 3.
  • TRAFFIC SIGNS, SIGNALS AND MARKINGS.
  • §17C-3-4a.
  • Obedience to traffic-control instructions at site of street or highway construction or maintenance; penalty.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB4538 HFA Flanigan & Akers 3-2 #1 Baker 3228 Delegates Flanigan and Akers moved to amend the bill on page 1, after the enacting clause, by striking the remainder of the bill and inserting in lieu thereof the following: ARTICLE 3.

  •  HB4538 HFA Flanigan & Akers 3-2 #1 Baker 3228 Delegates Flanigan and Akers moved to amend the bill on page 1, after the enacting clause, by striking the remainder of the bill and inserting in lieu thereof the following: ARTICLE 3.
  • TRAFFIC SIGNS, SIGNALS AND MARKINGS.
  • §17C-3-4a.
  • Obedience to traffic-control instructions at site of street or highway construction or maintenance; penalty.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB4538 HFAT Akers 3-3 Baker 3228 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.

  •  HB4538 HFAT Akers 3-3 Baker 3228 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
  • B.
  • 4538 -- A Bill to amend and reenact §17C-3-4a and §17C-3-4b of the Code of West Virginia, 1931, as amended; all relating to increasing fines and criminal penalties for speeding and traffic control violations in construction work zones; and providing double penalties for violation of the Electronically Distracted Driving Act within a work zone.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB4538 HFAT Akers 3-3 Baker 3228 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.

  •  HB4538 HFAT Akers 3-3 Baker 3228 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
  • B.
  • 4538 -- A Bill to amend and reenact §17C-3-4a and §17C-3-4b of the Code of West Virginia, 1931, as amended; all relating to increasing fines and criminal penalties for speeding and traffic control violations in construction work zones; and providing double penalties for violation of the Electronically Distracted Driving Act within a work zone.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB4538 SFA M.

  •  HB4538 SFA M.
  • Maynard #1 3-11 Casey 7988 Senator M.
  • Maynard moved to amend the bill on page 2, section 4b, line 13, by striking out the word “penalties” and inserting in lieu thereof the word “fines”.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB4538 SFA M.

  •  HB4538 SFA M.
  • Maynard #1 3-11 Casey 7988 Senator M.
  • Maynard moved to amend the bill on page 2, section 4b, line 13, by striking out the word “penalties” and inserting in lieu thereof the word “fines”.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB4538 SFA M.

  •  HB4538 SFA M.
  • Maynard #1 3-12 Casey 7988 Senator M.
  • Maynard moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following: ARTICLE 3.
  • TRAFFIC SIGNS, SIGNALS, AND MARKINGS.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB4538 SFA M.

  •  HB4538 SFA M.
  • Maynard #1 3-12 Casey 7988 Senator M.
  • Maynard moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following: ARTICLE 3.
  • TRAFFIC SIGNS, SIGNALS, AND MARKINGS.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB4538 SFAT M.

  •  HB4538 SFAT M.
  • Maynard #1 3-12 Casey 7988 Senator Maynard moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
  • Com.
  • Sub.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

  1. 2026-04-01 H

    Approved by Governor 4/1/2026

  2. 2026-03-31 H

    To Governor 3/31/2026

  3. 2026-03-14 H

    Approved by Governor 4/1/2026 - House Journal

  4. 2026-03-14 S

    Approved by Governor 4/1/2026 - Senate Journal

  5. 2026-03-14 S

    To Governor 3/31/2026 - Senate Journal

  6. 2026-03-14 S

    House Message received

  7. 2026-03-14 H

    Completed legislative action

  8. 2026-03-14 H

    Communicated to Senate

  9. 2026-03-14 H

    House concurred in Senate amendment and title amendment and passed bill (Roll No. 637)

  10. 2026-03-14 H

    House received Senate message

  11. 2026-03-12 S

    Senate requests House to concur

  12. 2026-03-12 S

    Title amendment adopted

  13. 2026-03-12 S

    Passed Senate (Roll No. 519)

  14. 2026-03-12 S

    Amended on 3rd reading (Voice vote)

  15. 2026-03-12 S

    Unanimous consent to amend on 3rd reading

  16. 2026-03-12 S

    Deferred until foot of 2nd reading

  17. 2026-03-12 S

    Read 3rd time

  18. 2026-03-12 S

    On 3rd reading

  19. 2026-03-11 S

    Floor amendment adopted (Voice vote)

  20. 2026-03-11 S

    Read 2nd time

  21. 2026-03-11 S

    On 2nd reading

  22. 2026-03-10 S

    Read 1st time

  23. 2026-03-10 S

    Immediate consideration

  24. 2026-03-10 S

    Reported do pass

  25. 2026-03-05 S

    To Transportation and Infrastructure

  26. 2026-03-05 S

    To Transportation and Infrastructure

  27. 2026-03-05 S

    Introduced in Senate

  28. 2026-03-04 H

    Communicated to Senate

  29. 2026-03-04 H

    Title amendment adopted (Voice vote)

  30. 2026-03-04 H

    Passed House (Roll No. 287)

  31. 2026-03-04 H

    Read 3rd time

  32. 2026-03-04 H

    On 3rd reading, Special Calendar

  33. 2026-03-03 H

    Amendment adopted (Voice vote)

  34. 2026-03-03 H

    Amendment reported by the Clerk

  35. 2026-03-03 H

    Read 2nd time

  36. 2026-03-03 H

    On 2nd reading, Special Calendar

  37. 2026-03-02 H

    Read 1st time

  38. 2026-03-02 H

    On 1st reading, Special Calendar

  39. 2026-02-28 H

    By substitute, do pass

  40. 2026-02-26 H

    Markup Discussion

  41. 2026-01-19 H

    To House Judiciary

  42. 2026-01-19 H

    Introduced in House

  43. 2026-01-19 H

    To Judiciary

  44. 2026-01-19 H

    Filed for introduction

Official Summary Text

Regarding fines in DOH work zones

Current Bill Text

Read the full stored bill text
HB 4538 Text

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Enrolled Version - Final Version

House Bill 4538 History

OTHER VERSIONS
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WEST virginia legislature
2026 regular session
ENROLLED
Committee Substitute
for
House Bill 4538
By Delegates Howell and Sheedy
[Passed March 14, 2026; in effect 90 days from passage (June 12, 2026)

AN ACT to amend and reenact §17C-3-4a and §17C-3-4b of the Code of West Virginia, 1931, as amended; all relating to increasing fines and criminal penalties for speeding, traffic control violations, and violations of the Electronically Distracted Driving Act in construction work zones when workers are present.
Be it enacted by the Legislature of West Virginia:

ARTICLE 3. TRAFFIC SIGNS, SIGNALS, AND MARKINGS.

§17C-3-4a. Obedience to traffic-control instructions at site of street or highway construction or maintenance; penalty.

(a) The driver of any vehicle shall obey the traffic-control instructions of any law-enforcement officer or persons authorized by the commissioner of highways or by proper local authorities to operate traffic-control devices, act as flagmen, or operate authorized vehicles engaged in work at or near the site of street or highway construction maintenance work, for the purpose of regulating, warning or guiding traffic, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(b) Any person failing to comply with the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.
(c) Any person failing to comply with the requirements of this section when any worker is present is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $250; upon a second conviction within one year thereafter, shall be fined not more than $500; and upon a third or subsequent conviction, shall be fined not more than $1,000.

§17C-3-4b. Traffic violations in construction zones; posting requirement; criminal penalty.

(a) Where street or highway construction work is being conducted, signs and other traffic control devices, as adopted in §17C-3-1 of this code, shall be posted giving the location of the work and notifying all motorists as to the speed limit and any other traffic restrictions.
(b) Any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in subsection (a) of this section by less than 15 miles per hour is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $200:
Provided
, That any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in subsection (a) of this section when any worker is present by less than 15 miles per hour is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500.
(c) Any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in subsection (a) of this section by 15 miles per hour or more is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $200 or confined in a regional jail not more than 20 days, or both:
Provided
, That any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in subsection (a) of this section when any worker is present by 15 miles per hour or more is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in a regional jail not more than 30 days, or both.
(d) Notwithstanding the provisions of §17C-14-15 of this code, any person who commits a violation of §17C-14-15 of this code within a construction site referred to in subsection (a) of this section when any worker is present is guilty of a misdemeanor and, upon conviction thereof, shall be subject to fines not more than twice those authorized for the applicable offense under §17C-14-15 of this code.
(e) Nothing in this section shall be construed to preclude prosecution of any operator of a motor vehicle who commits a violation of any other provision of this code for such violation.
The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates

...............................................................

Clerk of the Senate

Originated in the House of Delegates.

In effect
90 days
from passage.

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Speaker of the House of Delegates

...............................................................

President of the Senate

__________

The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2026.

.............................................................
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