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HB4538 • 2026
Regarding fines in DOH work zones
This bill passed the Legislature and reached final enactment based on the latest official action.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Regarding fines in DOH work zones
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.
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.
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.
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.
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.
Plain English: HB4538 SFA M.
Plain English: HB4538 SFA M.
Plain English: HB4538 SFA M.
Plain English: HB4538 SFA M.
Plain English: HB4538 SFAT M.
Chapter 198, Acts, Regular Session, 2026
Approved by Governor 4/1/2026
To Governor 3/31/2026
Approved by Governor 4/1/2026 - House Journal
Approved by Governor 4/1/2026 - Senate Journal
To Governor 3/31/2026 - Senate Journal
House Message received
Completed legislative action
Communicated to Senate
House concurred in Senate amendment and title amendment and passed bill (Roll No. 637)
House received Senate message
Senate requests House to concur
Title amendment adopted
Passed Senate (Roll No. 519)
Amended on 3rd reading (Voice vote)
Unanimous consent to amend on 3rd reading
Deferred until foot of 2nd reading
Read 3rd time
On 3rd reading
Floor amendment adopted (Voice vote)
Read 2nd time
On 2nd reading
Read 1st time
Immediate consideration
Reported do pass
To Transportation and Infrastructure
To Transportation and Infrastructure
Introduced in Senate
Communicated to Senate
Title amendment adopted (Voice vote)
Passed House (Roll No. 287)
Read 3rd time
On 3rd reading, Special Calendar
Amendment adopted (Voice vote)
Amendment reported by the Clerk
Read 2nd time
On 2nd reading, Special Calendar
Read 1st time
On 1st reading, Special Calendar
By substitute, do pass
Markup Discussion
To House Judiciary
Introduced in House
To Judiciary
Filed for introduction
Regarding fines in DOH work zones
HB 4538 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version House Bill 4538 History OTHER VERSIONS - Committee Substitute (1) | Engrossed Version | Introduced Version | | Email Key: Green = existing Code. Red = new code to be enacted 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. ............................................................... Clerk of the House of Delegates ............................................................... Clerk of the Senate Originated in the House of Delegates. In effect 90 days from passage. ............................................................... Speaker of the House of Delegates ............................................................... President of the Senate __________ The within is ................................................ this the........................................... Day of ..........................................................................................................., 2026. ............................................................. Governor Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: