West Virginia 2026 Session Status: Introduced 1 R cosponsors

SB 426 — Preventing damage to underground facilities

Last action — Postponed indefinitely

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

This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Preventing damage to underground facilities

Bill Text

What changed in the latest version

66 added · 63 removed

Plain-language change summary

The proposed bill SB 426 has undergone some significant changes. The most notable adjustments include clarifying the definition of "demolition" and modifying how civil penalties are handled; instead of reverting to the General Fund, they will now be used directly by the board responsible for enforcement. Additionally, the bill now specifies a mutual waiver for response times regarding one-call system notifications, which may improve communication between operators. These changes aim to enhance the efficiency of operations and provide better funding for the board's activities.

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CS for SB 426 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 426 By Senators Morris and Hamilton [Reported February 10, 2026, from the Committee on Energy, Industry, and Mining] CS for SB 426 A BILL to amend and reenact §24C-1-2, §24C-1-2a, §24C-1-3, and §24C-1-9 of the Code of West Virginia, 1931, as amended, relating to preventing damage to underground facilities;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 426 BYSENATORSMORRIS AHAMILTON [Reported February 13, 2026, from the Committee on Government Organization] CS for CS for SB 426 A BILL to amend and reenact §24C-1-2, §24C-1-2a, §24C-1-3, and §24C-1-9 of the Code of West Virginia, 1931, as amended, relating to preventing damage to underground facilities;
modifying the time period in which operators must respond to one-call system notifications;
modifying time period in which operators must respond to one-call system notifications;
and providing alternate venue choice for certain administrative hearings.
and allowing mutual waiver of response time.
CS for SB 426 "Emergency" means:
CS for CS for SB 426 "Emergency" means:
2 CS for SB 426 "One-call system" means a communication system that receives notification from excavators of intended excavation work and prepares and transmits such the notification to operators of underground facilities in accordance with this article.
CS for CS for SB 426 "One-call system" means a communication system that receives notification from excavators of intended excavation work and prepares and transmits such the notification to operators of underground facilities in accordance with this article.
3 CS for SB 426 "Work site" means the location of excavation or demolition work as described by an excavator, operator, or any person or persons performing the work.
CS for CS for SB 426 "Work site" means the location of excavation or demolition work as described by an excavator, operator, or any person or persons performing the work.
4 CS for SB 426 (5) The Executive Director of the West Virginia Rural Water Association or its designee;
CS for CS for SB 426 (5) The Executive Director of the West Virginia Rural Water Association or its designee;
5 CS for SB 426 (b) Each member shall provide the following information to the one-call system on forms developed and provided for that purpose by the one-call system:
CS for CS for SB 426 (b) Each member shall provide the following information to the one-call system on forms developed and provided for that purpose by the one-call system:
6 CS for SB 426 (e) Except as provided in subsection (f) of this section, failure of an operator who is required to be a member to comply with the provisions of this article may does not prevent the excavator from proceeding but shall does bar the operator from recovery of any costs associated with damage to its underground facilities resulting from such the failure, except for damage caused by the willful or intentional act of the excavator.
CS for CS for SB 426 (3) Notwithstanding the provisions of subsection (d) of this section, the 48-hour period for required action may be waived if the excavator and operator mutually agree to an extended response time, which mutual agreement shall be confirmed in writing or by electronic record.
(e) Except as provided in subsection (f) of this section, failure of an operator who is required to be a member to comply with the provisions of this article may does not prevent the excavator from proceeding but shall does bar the operator from recovery of any costs associated with damage to its underground facilities resulting from such the failure, except for damage caused by the willful or intentional act of the excavator.
and (4) Notwithstanding this section If any violation was the result of gross negligence or willful or wanton misconduct as determined by the board, the board shall require the violator to complete 7 CS for SB 426 a course of training concerning compliance with this article as determined by the board and pay a civil penalty not to exceed $5,000 per incident.
and CS for CS for SB 426 (4) Notwithstanding this section If any violation was the result of gross negligence or willful or wanton misconduct as determined by the board, the board shall require the violator to complete a course of training concerning compliance with this article as determined by the board and pay a civil penalty not to exceed $5,000 per incident.
(1) The hearing shall be held at the time and place set forth in the citation notice of hearing in the county where excavation referenced in the citation occurred, or in Kanawha County, at the board's discretion, unless otherwise agreed to by the person to whom the citation was issued.
(1) The hearing shall be held at the time and place set forth in the citation notice of hearing in the county where excavation referenced in the citation occurred, unless otherwise agreed to by the person to whom the citation was issued.
§29A-5-1 et seq.
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Action History

  1. Filed for introduction

  2. To Energy, Industry, and Mining then Government Organization

  3. Introduced in Senate

  4. To Energy, Industry, and Mining

  5. Committee substitute reported, but first to Government Organization

  6. To Government Organization

  7. Com. sub. for com. sub. reported

  8. On 1st reading

  9. Read 1st time

  10. On 2nd reading

  11. Read 2nd time

  12. On 3rd reading with right to amend

  13. Read 3rd time

  14. Passed Senate (Roll No. 114)

  15. Ordered to House

  16. House received Senate message

  17. Introduced in House

  18. To Energy and Public Works

  19. To House Energy and Public Works

  20. Markup Discussion

  21. With amendment, do pass

  22. On 1st reading, Special Calendar

  23. Postponed on 1st reading, Special Calendar, until 3/6/2026

  24. Read 1st time

  25. Postponed on 1st reading, Special Calendar, until 3/9/2026

  26. Postponed on 1st reading, Special Calendar, until 3/10/2026

  27. Read 1st time

  28. Postponed indefinitely

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on · 7 voted No

Sponsors (1)

  • Morris

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

Roll Call

Passed 24 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 4000
Republican 19703
Unaffiliated 1000
Total 24703
% of votes cast 71%21%0%9%
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 Nay
Chris Phillips Republican Yea
Chris Rose Republican Nay
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 Nay
Jimmy Willis Republican Yea
Mark R. Maynard Republican Nay
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patricia Rucker Republican Not Voting
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rollan A. Roberts Republican Not Voting
Rupie Phillips Republican Yea
Rupie Phillips Republican Nay
Ryan Weld Republican Yea
Ryan Weld Republican Nay
Tom Takubo Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Nay
Trenton Barnhart Republican Yea
Trenton Barnhart Republican Not Voting

Official roll call →

Subjects

public-safety transportation technology
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 SB 426 do?
Preventing damage to underground facilities
Who sponsors SB 426?
SB 426 is sponsored by Morris and Bill Hamilton (Republican).
What is the current status of SB 426?
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 426?
Track SB 426 free on One Click Politics — get push/email alerts when it moves.

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