West Virginia 2026 Session Status: Enacted 2 R cosponsors

HB 4538 — Regarding fines in DOH work zones

Last action — Chapter 198, Acts, Regular Session, 2026

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2026. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill addresses fines in Department of Health work zones.

This bill focuses on the regulations regarding fines imposed in work zones managed by the Department of Health. It aims to outline specific guidelines related to those fines.

Summary

Regarding fines in DOH work zones

Bill Text

What changed in the latest version

1 added · 6 removed

Plain-language change summary

The amendment to Bill HB 4538 changes its title and clarifies its focus on increasing fines and penalties related to speeding and traffic violations in construction zones where workers are present. This is significant because it aims to enhance safety for construction workers, discouraging reckless driving in areas where workers are at risk. By establishing stricter consequences, the bill intends to promote better adherence to traffic laws in these high-risk environments.

→
Previous
Latest
HB4538 SFA M.
HB4538 SFAT M.
Maynard #1 3-12Casey  7988 Senator M.
Maynard #1 3-12Casey  7988 Senator Maynard moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:Eng.
Maynard moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:  ARTICLE 3.
Com.
 TRAFFIC SIGNS, SIGNALS, AND MARKINGS.
Sub.
§17C-3-4a.
for House Bill 4538—A Bill to amend and reenact §17C-3-4a and §17C-3-4b of the Code of West Virginia, 1931, as amended;
Obedience to traffic-control instructions at site of street or highway construction or maintenance;
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.     AdoptedRejected
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.(d)(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.  AdoptedRejected
⬇ Download PDF
View plain text versions (9)

Action History

  1. Filed for introduction

  2. To Judiciary

  3. Introduced in House

  4. To House Judiciary

  5. Markup Discussion

  6. By substitute, do pass

  7. On 1st reading, Special Calendar

  8. Read 1st time

  9. On 2nd reading, Special Calendar

  10. Read 2nd time

  11. Amendment reported by the Clerk

  12. Amendment adopted (Voice vote)

  13. On 3rd reading, Special Calendar

  14. Read 3rd time

  15. Passed House (Roll No. 287)

  16. Title amendment adopted (Voice vote)

  17. Communicated to Senate

  18. Introduced in Senate

  19. To Transportation and Infrastructure

  20. To Transportation and Infrastructure

  21. Reported do pass

  22. Immediate consideration

  23. Read 1st time

  24. On 2nd reading

  25. Read 2nd time

  26. Floor amendment adopted (Voice vote)

  27. On 3rd reading

  28. Read 3rd time

  29. Deferred until foot of 2nd reading

  30. Unanimous consent to amend on 3rd reading

  31. Amended on 3rd reading (Voice vote)

  32. Passed Senate (Roll No. 519)

  33. Title amendment adopted

  34. Senate requests House to concur

  35. House received Senate message

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

  37. Communicated to Senate

  38. Completed legislative action

  39. House Message received

  40. To Governor 3/31/2026

  41. To Governor 3/31/2026 - Senate Journal

  42. Approved by Governor 4/1/2026 - Senate Journal

  43. Approved by Governor 4/1/2026 - House Journal

  44. Approved by Governor 4/1/2026

  45. Chapter 198, Acts, Regular Session, 2026

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE-SENATE AMENDED HB

Passed 97 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 86002
Democrat 9000
Unaffiliated 2000
Total 97002
% of votes cast 98%0%0%2%
How each member voted (99)
Member Party Vote
Flanigan — Yea
Linville — Yea
Anitra Hamilton Democrat Yea
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Rick Garcia Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Bell Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Not Voting
Bryan Ward Republican Yea
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Gregory A. Watt Republican Yea
Guy Ward Republican Yea
Henry Dillon Republican Yea
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Jordan Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Not Voting
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Ryan Browning Republican Yea
S. Chris Anders Republican Yea
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Roll Call

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 29000
Democrat 4000
Unaffiliated 1000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
MR PRESIDENT — Yea
Anitra Hamilton Democrat Yea
Mike Woelfel Democrat Yea
Mike Woelfel Democrat Yea
Rick Garcia Democrat Yea
Ben Queen Republican Yea
Carl Martin Republican Yea
Chris Phillips Republican Yea
Chris Rose Republican Yea
Chris Rose Republican Yea
Dean Jeffries Republican Yea
Eric Tarr Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jack Woodrum Republican Yea
Jay Taylor Republican Yea
Jimmy Willis Republican Yea
Mark R. Maynard Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patricia Rucker Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Trenton Barnhart Republican Yea
Trenton Barnhart Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 4538 do?
Regarding fines in DOH work zones
Who sponsors HB 4538?
HB 4538 is sponsored by Gary G. Howell (Republican) and Charles Sheedy (Republican).
What is the current status of HB 4538?
This bill has been enacted into law. Introduced January 19, 2026. Enacted.
Where can I track HB 4538?
Track HB 4538 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 4538

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 4538

Last checked for changes about 1 month ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →